Ventura County 2002-2003 - California Grand Jury Reports

July 01, 2004 — Safety and Security in Ventura County High Schools

3 pages 11 findings

Findings & Recommendations 11 findings

F1: Four high schools did not have complete perimeter fencing. Some decisions appeared to be made at the district level, others were dictated by the feeling of the local community.

F2: All schools appeared to be in compliance.

F3: Three schools had no security personnel at the school entrance. Two additional schools were observing pupil-free days when visited, so analysis was impossible.

F4: All schools had excellent procedures for emergency drills. Some schools have yet to conduct a drill during lunch or passing period, but have plans in place to do so.

F5: The majority of schools did random searches. The non-compliant schools felt the local community might object.

F6: Several schools had inadequate cameras; some had digital quality systems (or were in the process of procurement). Some felt there was no need for cameras.

F7: All high schools agreed with this recommendation.

F8: Those high schools not utilizing Teen Court or Peer Court are either researching the idea, or using teen mentors and peer counselors.

F9: Only a few schools had complied with this recommendation. Local law enforcement agencies do have detailed maps of the campuses.

F10: All schools appeared to be in compliance.

F11: Progress is being made. Conclusion Most high schools are making a concerted effort to comply with the prior recommendations of the 2001-2002 Grand Jury. The problem with F-9 occurs when the roof composition makes compliance impractical. The few schools that yield to community pressures would appear to be giving lip service to student safety, possibly compromising the well-being of the school. Recommendations Each high school representative should read this report to determine if the observed inadequacies refer to their school site. Schools have traditionally been recognized as the safest location of the day for students and staff alike. Responses Required None.

July 07, 2003 — Ventura County Channel Islands Harbor Department

3 pages 14 findings 6 recommendations

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Findings & Recommendations 14 findings

F1: The County often views the Harbor as primarily a park or recreation area for the benefit of local residents and boaters.

Related Recommendations (1)

R1: That the Board of Supervisors acknowledges that the Harbor is primarily a business asset of the entire County and not primarily a park or recreation area for local residents.

F2: Regional pleasure boat slip accommodations are full or nearly full.

F3: The great majority of Department leases, including marina and business leases, are long-term leases running on the order of forty (40) years with one running to ninety-nine (99) years.

F4: The great majority of these Department business leases are “dirt” or land or marina leases that provide for modest rental income and some profit participation by the County but no management participation.

Related Recommendations (2)

R5: That Department management continues to work toward maximizing the County’s income through institution of leasing provisions that provide for periodic review and updating of profit sharing lease provisions.

R6: That profit sharing lease provisions be keyed to only upward market trends. Required Responses Board of Supervisors. (R-1, R-2) County Executive Officer. (R-2) Director, Harbor Department. (R-3, R-4, R-5, R-6) Commendation: The Harbor Department is to be commended for its aggressive business approach to the management of this valuable County asset. The Department is faced with long-term contractual impediments to lease adjustments that would reflect inflationary economic trends but has persistently tried to increase the economic viability of this County asset.

F5: Several leases are nearing expiration.

F6: Present Department management is trying to follow a business model in its management of the Department’s assets.

Related Recommendations (1)

R2: That the Board of Supervisors and top County management endorse and push the Department’s business approach in managing the Harbor’s assets.

F7: Department management plans to improve the asset value of the Harbor through capital investment requirements in new leases and in renewals of expiring leases.

F8: Department management plans to expand usage of the Harbor in cooperation with California State University Channel Islands.

F9: The Port Royal Restaurant lease and its location have great value potential to the County, but are producing very little participation income for the County.

Related Recommendations (1)

R3: That Department management vigorously seek legal advice, to include consideration of frustration of purpose, with a view to terminating the County’s lease of the property currently occupied by the Port Royal Restaurant so that it can provide greater participation income to the County.

F10: The Port Royal Restaurant lease has approximately eleven (11) years to run.

F11: Rents paid to the County by the Port Royal Restaurant over the past two years were only about twenty nine percent (29%) of those paid to the County by the immediate neighboring restaurant, the Whale’s Tail.

F12: Department management has attempted to effect improvement of the Port Royal Restaurant’s deficient income production or effect a lease substitution, but has failed.

Related Recommendations (1)

F13: There are two other restaurant facilities located at the Harbor (at Fishermen’s Wharf and on the Peninsula) that have been unoccupied for some time.

Related Recommendations (1)

R4: That the Department pursue a special recruiting effort to obtain lessees for the Fishermen’s Wharf area and especially with respect to the empty restaurant space there and on the Peninsula.

F14: The Fishermen’s Wharf area appears to have commercial gaps (empty stores and restaurant locations) in marketable areas surrounded by apparently thriving businesses. Conclusions C-1 The Harbor is economically viable and is a valuable business asset of the County. (F-3, 8) C-2 The Harbor, though offering recreational potential for some County citizens, should be considered primarily a business asset of the entire County. (F-2, 3, 6) C-3 County management fails to consistently endorse and support the Department’s business model approach to management of the District. (F-1) C-4 The Department has failed to effect improvement of the Port Royal Restaurant’s deficient income production or obtain a lease substitution because its lease interest does not include management oversight or responsibility. (F- 4,10, 12) C-5 The Port Royal leaseholder appears to be content with its relatively poor business and, therefore, is frustrating the County’s purpose in leasing the land. (F-11,12) C-6 The poor business of the Port Royal restaurant has a negative impact on other restaurants and businesses in the proximity of the Port Royal. (F-12, 13) C-7 Areas of Fishermen’s Wharf are languishing in marketable areas. (F- 13, 14) C-8 With the exception of the Port Royal Restaurant, the Department has a business plan and management approach to maximize revenue from most leased parcels within the Harbor. (F-3, 7-9) C-9 The current State and County financial crises mandates that the County vigorously pursue all legitimate sources of revenue. Recommendations

June 30, 2003 — Intervention Programs for Delinquent Non-violent Juveniles by the Sheriff and Probation Departments in Ventura County

6 pages 7 findings 6 recommendations

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Findings & Recommendations 7 findings

F1: The Ventura County Sheriff's Department provided information on the following programs about troubled and "at risk" youth in their contracted cities of Moorpark, Thousand Oaks, Camarillo, Ojai, Fillmore and unincorporated areas within the County. These programs are available to cities willing to pay the Sheriff for such services. • Thousand Oaks Police Department: Two Deputy Sheriffs serve the four high schools as Special Enforcement Unit school liaison officers. • Drug Abuse Resistance Education (DARE): Due to the lack of funding, some cities have eliminated this program. • Sheriff’s Teen Traffic Offender Program: This is an intervention program that encourages the community to call and report dangerous driving by teens. A designated deputy sheriff will make personal contact with the offender. • Parent Project Class: This is a class designated for parents of difficult children seeking guidance in their efforts to keep their children out of trouble. • Youth Outreach Workers Program: This program coordinates projects with schools, community organization and the teen center in Conejo Valley. • Police Activities League (PAL): As the funds in the County continue to be unavailable for such programs, some cities have eliminated the PAL program. • Sheriff’s Truancy Education Program: A four-hour class is offered once a month by a youth officer and a member of the District Attorney’s office.

Related Recommendations (1)

R1: Ventura County Sheriff and the Probation Departments need to work together to establish non-residential programs for youth at risk.

F2: Other cities that operate their own police departments, namely Simi Valley, Santa Paula, Oxnard, Port Hueneme and Ventura, have their own programs for at-risk youth not associated with the Sheriff’s Department.

Related Recommendations (1)

R2: It is imperative that a program such as Grizzly be established in Ventura County or the County should aggressively send our juveniles to San Luis Obispo County’s program. This program is funded through Federal and State grants, and Ventura County Sheriff and the Probation Department should seriously study their procedure for obtaining such grants.

F3: Ventura County Probation Department provided the following information: • Cost per day for fiscal years 2000-01 and 2001-02 for incarceration of our youth in Ventura County were: Clifton Tatum Center Colston Youth Center Juveniles Incarcerated 4,279 414 Average Length of Stay 19.85 days 79.35 days Cost Per Day $89.12 $117.61 • The Department has over 10,000 youth referrals per year. • Non-violent youth offenders are assigned to regular probation officers with caseloads averaging 70 per officer. • Other programs that the Probation Department indicate are under their jurisdiction are: Aftercare/Day Reporting Program, Enhanced Institutional Services, Gang Violence Prevention, Expansion of Early Intervention Program, Habitual Offender Prevention Endeavor and Truancy Habits Reduced Increase Vital Education.

Related Recommendations (1)

R3: If we do not send our juvenile youth to Tri-County Boot Camp, it is urgent to establish such a facility in Ventura County, possibly at our new Juvenile Justice Center.

F4: VIDA, funded by Los Angeles County and various state and federal grants, was a consecutive 16-week program designed and developed by the Los Angeles Sheriff’s Department for their youth at risk. The program was a success due to the overwhelming numbers of volunteers from the community, military and Sheriff’s personnel. VIDA, described below, was canceled this year due to budget cuts. 2 • VIDA had the total support of the Los Angeles County Sheriff. • Participants were required to attend every Saturday for ten hours and two hours on Wednesday evenings for counseling sessions. The parents were also required to participate in the counseling sessions. • On Saturday, the program was set up with physical training, close order drill and community service. • The program staff worked closely with all the participants’ schools and staff to gather information on their performance while in the program. • Drug and alcohol testing was randomly done five times during the 16-week cycle. • The participants were referred to the program by their parents, the juvenile court system or local law agencies. No juvenile was refused for financial reasons. • The juvenile was well aware of the rules in order to graduate and they learned to work as a team to complete a said task. • VIDA implemented a mentor program to guide youth outside of the program and their family structure. • Volunteers from the military service were used very effectively in the program.

Related Recommendations (1)

R4: Continue the Cops ‘N’ Jocks program since there is no cost to the County

F5: Tri-County Boot Camp, Santa Barbara County, allocated 20 beds to Ventura County adolescent males between 13 and 18 years of age who were sent there by our juvenile court system. As of June 30, 2003, the County will no longer have those beds allocated. The County could continue to send our juveniles to Boot Camp but would be charged $132.49 per day providing there were beds available at the time. • The average stay for a Ventura County juvenile is 119 days until graduation. • The youth are being acquainted with a positive and supporting system in an environment with structure away from adverse influences. • The youth learn new skills so when they graduate they will not have the need to reacquaint themselves with criminal or gang activity. • Self-discipline and self-confidence make it easier to get assigned tasks completed when working alone or as a team. The juveniles learn to resolve conflicts in a non-violent manner. • The wards continue the education process with a team of teachers who are willing to give them extra attention. • Boot Camp provides the ward with counseling in preparation for reunification with his family upon his graduation. • Boot Camp teaches the ward the effects of the use of drugs and alcohol. Narcotics Anonymous and Alcoholics Anonymous meetings are provided on site to enable them to stay away from drugs and alcohol and remain sober once they leave. • Boot Camp provides individual and group/platoon counseling on a daily basis. 3 • Boot Camp has a wide range of sports that the wards can participate in as an individual or team. They may also compete against other boot camps and youth groups in the area/state. • Boot Camp offers vocational training sponsored by the Contractors' Association and Kiwanis.

Related Recommendations (1)

R5: If the Sheriff is unable to fund programs formally under his jurisdiction, contract cities should continue or add programs for youth at risk in their communities. 5

F6: Cops ‘N’ Jocks is a nationwide mentoring program designed to break down barriers between high school students and law enforcement officers who patrol their neighborhoods. • There are over 200 volunteer officers with students across the country, giving the students a close look and feel to the positive side of law enforcement. • Cops ‘N’ Jocks in Ventura County has a Youth Academy to add to their accomplishments. • No County monies are used to operate this program as there are corporate sponsors. • There are currently 15 County high schools that participate. • Most County city police agencies are involved as well as the Sheriff’s Department and California Highway Patrol.

Related Recommendations (1)

R6: The Board of Supervisors needs to re-evaluate the necessity for residential/non- residential confinement facilities for youth at risk with the Sheriff and Probation Departments. Responses Required: Ventura County Sheriff's Department (R-1, R-2, R-3, R-4, R-5) Ventura County Probation Department (R-1, R-2, R-3, R-5) Ventura County Board of Supervisors (R-6) City Councils - Moorpark, Thousand Oaks, Camarillo, Ojai and Fillmore (R-5) 6

F7: Grizzly Youth Academy is based in the California National Guard facilities in San Luis Obispo County and is designed for troubled potential high school dropouts. • Fourteen counties participate in the program. Twenty percent of the cadets are from Ventura County. There is presently a Spanish- speaking recruiter in Ventura County who solicits applications from area high schools. • The Academy is operated by members of the California National Guard in conjunction with San Luis Obispo County Office of Education and Paso Robles School District. • The funding for this program is 65% Federal and 35% State. • There is no charge to the applying party to enroll his/her child. • The goals are leadership and followship; community service; job skills; life coping skills; education excellence; responsible citizenship; health and hygiene and physical training. • Students increase their academic achievement anywhere from one grade level to five grade levels. The average academic growth for a student at the academy is 1.5 - 2.0 grade levels in 22 weeks. • Students go to work four days a week for 4-6 weeks and learn firsthand what it is like to have a job, and they receive academic credit for their work. • Grizzly Academy also has a mentoring program in place. • Approximately 120 cadets graduate after each 22-week cycle. Conclusions C-1 According to the Ventura County Sheriff, there is uncertainty as to funding for the programs outlined by the Sheriff. Many of their programs are not specifically aimed at youth intervention or youth at risk. (F-1) C-2 Intervention programs would cost the Sheriff and Probation Departments less than the cost of current incarceration. (F-1, F-3) C-3 All of the Probation Department’s youth-at-risk programs could be combined into fewer intervention programs. (F-3) C-4 A program like VIDA is cost efficient because the juveniles are not incarcerated, volunteers are used to administer the program, and only one sheriff's deputy is required. This type of program could be instituted at our new Juvenile Justice Center in El Rio. (F-4) C-5 Non-participation in Tri-County Boot Camp will adversely affect treatment of our at-risk youth. (F-5) C-6 Lack of a program like Grizzly Academy detracts from Ventura County’s ability to treat our youth. (F-7) Recommendations

June 24, 2003 — County Information Technology Security

10 pages 10 findings 8 recommendations

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Findings & Recommendations 10 findings

F1: The County "network" is a heterogeneous mix of equipment that is partially managed by the ISD and partially managed by numerous line departments. There are a high number of independently managed data-center/server rooms that duplicate basic services.

Related Recommendations (1)

R1: The Information Technology Committee, with technical support from the ISD, sponsor the risk analysis of a major agency's systems based on ISO 17799. This study would provide a baseline for a risk analysis procedure for all of the County agency's applications.

F2: Two significant security management controls are the management of passwords and the restriction of an individual to the appropriate level of control of information resources.

Related Recommendations (1)

R2: That the Information Technology Committee revise the approach for Information System Planning to reflect the criticality of specific systems to the County and the management approaches used to mitigate risk.

F3: Some key control deficiencies are lack of an automatic method to terminate a password when an individual leaves the organization and lack of periodic reviews of the status of employees to determine proper access level.

Related Recommendations (1)

R3: That the Auditor-Controller review ISO 17799 as the basis for an information system internal control program for the County. The internal controls so developed could then be included as part of the management controls for various departments.

F4: Each department has network elements that are common and applications that are unique.

Related Recommendations (1)

R4: That the County Executive Officer initiate a study to determine if the complete County network needs to be managed like a utility with a single agency having responsibility. The purpose of such a study would be to gain a securable network and lower operating costs.

F5: Many of the department strategic information system plans do not consistently and clearly identify the hierarchy of importance of departmental programs and applications. This deficiency diminishes the ability to coordinate disaster recovery efforts due to a lack of recognized priorities. 2

Related Recommendations (1)

R5: That County Counsel develop, with the help of the ISD, standard language to be inserted into contracts that allow third party access to address the issues identified in F-9. 4

F6: There are gross inconsistencies in the level of experience and technical knowledge among non-ISD server administrators. These inconsistencies lead to an inability to properly secure the County-wide network because these departmental systems, while allowing access to the County network, are not being hardened properly. For example, the use of initial software manufacturer default settings and passwords and laxity in making critical updates from software vendors leave an open door for intrusion into the County network.

Related Recommendations (1)

R6: That GSA review all contracts that allow access to the County network and insure these contracts are revised in accordance with the language developed by the County Counsel. That GSA modifies its procedures to insure that future relevant contracts are not permitted without the appropriate contract language.

F7: Many departments have contractors that are allowed access to the County network. There are limited contract controls in place to administer third party compliance with County security requirements. These deficiencies include: a. Contract and Policy Compliance i. Many third party businesses share a single (or limited number) of access tokens between employees, thereby granting untraceable access to the County network. This arrangement would never be accepted for County employees, yet is somehow adequate for employees of third party businesses with access to County infrastructures. Most of these third party employees are neither given any background checks nor are they required to be bonded. ii. There is no methodology for third party businesses to notify the County when employees leave or are fired. iii. There is no methodology to ensure that third party businesses are abiding by acceptable use and proper security for access tokens. iv. There are no clear mandatory guidelines for County legal recourse in the event a third party business provides an access point for illegal activity on the County’s network infrastructure. b. Technical and Procedural Compliance i. Security tokens that are improperly administered by outside trusted network administrators can lead to security compromises. ii. Third party servers that are not in compliance with County patch management procedures create vulnerabilities to the County network.

Related Recommendations (1)

R7: ISD provide a standard training package for all employees who are normal users to instruct them as to their responsibilities in maintaining security of information assets and data.

F8: Physical security (building access, hallway access, departmental access, and cubicle access) is largely non-existent in most administrative areas. The public is granted unfettered right-of-way to almost every area. This is of particular significance because of the general lack of staff awareness and suspicion of criminal information gatherers.

Related Recommendations (1)

R8: ISD provide a mechanism for certification and training of all server administrators whose servers access the County network. Responses Required County Executive Officer (R-4) Auditor-Controller (R-3) County Counsel (R-5) Director, General Services Agency (R-6) Chief Information Officer (R-1, R-2, R-3, R-5, R-7, R-8) Chair of the Information Technology Committee (R-1, R-2) 5 Figure 1. Ventura County Network 6

F9: The County information systems have poor password management. Theft or compromise of passwords is the Achilles heel of information technology. Staff members are generally unaware of the implications of individuals gathering seemingly innocuous information for the criminal purpose of allowing the perpetrator to impersonate a valid system user. 3

F10: The issue associated with securing computerized information is common throughout developed countries. The International Standards Organization (ISO) standard 17799 provides an effective template for addressing this issue. A checklist based on ISO 17799 is included in Appendix A. Conclusions C-1. The County network, as it is currently managed, is unsecurable and has elements that are duplicative. F-1, F-2, F-3, F-6, F-7, F-8, F-9 C-2. Although computer applications and the network work together, the management and security of application programs needs to be addressed distinctly from management and security of the network. F-1, F-4 C-3. Contractors have access to the network without the controls on network access that are normally applied to County employees. F-6, F-7 C-4. At present, the majority of security vulnerabilities are associated with training, procedures and internal controls rather than with the quality and performance of the technology itself. F-2, F-5, F-6, F-7, F-8, F-9, F-10 Recommendations

June 17, 2003 — Oxnard School District School Site Council

11 pages 17 findings 4 recommendations

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Findings & Recommendations 17 findings

F1: The District has a revised Document of Instructions for School Improvement Advisory Councils, which includes responsibilities and procedures, limitations and council authority related to SSC. See, Attachment A.

F2: Each set of bylaws from the four selected schools included a component concerning membership, which stipulated the composition of representatives (Ed. Code 52012). See, Attachment B and Attachment A (D), Responsibilities and Procedures.

F3: While visiting the SSC meeting at the school in question, agenda items included election results of a parent member and teacher representative to SSC. A brief discussion took place on the election process in accordance with Ed. Codes and District guidelines.

F4: SSC minutes of the school in question show the bylaws were rewritten. This school submitted a revised edition of the bylaws to the Grand Jury. It was alleged that the original set of bylaws gave the principal authority to select and appoint members and officers to serve on the council. See, Attachment A, Limitation of Authority.

Related Recommendations (1)

R2: The principal of each school site receiving state funds for an improvement program should follow the Ed. Codes and District Mandates to guarantee that all council business and procedures are followed in accordance with the intent of the law.

F5: The revised Document of Instruction from the District states that members will not have authority as an individual. See, Attachment A, Limitation of Authority.

Related Recommendations (1)

F6: A survey was circulated by the complainant to all of the twenty schools in the District to ascertain pertinent information about SSC. See, Attachment C.

F7: According to information presented, the District has $12,000 budgeted for newspaper announcements. Information about SSC to the general public did not appear in the news until after the visit by the Grand Jury (Ed. Code 35145.5).

F8: Three of the four sets of bylaws call for the replacement of members by appointment on the basis of School Site Advisory Council’s recommendation until the next regular meeting when the vacancy can be filled. The particular school in question is one of the three. The fourth school states that a special election will be held by the SSC for the unexpired portion of the term (Attachment A, Responsibilities and Procedures (D)).

F9: The SSC is to be comprised of members selected by their peers, i.e., teachers by teachers, parents by parents, et cetera: Junior High 1. Administrators (1) 2. Other personnel (1) 3. Classroom teachers (3) 4. Parents/community members (3) 5. Students (3) Elementary 1. Administrators (1) 2. Other personnel (1) 3. Classroom teachers (3) 4. Parents/community members (5) (Ed. Code 52012)

F10: The Board of Trustees submitted a letter to the Oxnard Educators Association representative expressing satisfaction with the original set of SSC bylaws from the school in question.

F11: SSC is an arena where parents may become boldly involved in the welfare and educational process of children within their attendance area (Ed. Code 52000 and 52016 (a)). See, Attachment B.

Related Recommendations (1)

R4: It is highly recommended that parents and community representatives seize this opportunity, through SSC, to become totally involved in the welfare and education of children within their attendance area. Required Responses Superintendent, Oxnard School District (R-1, R-2, R-3, R-4) Director of Information and Support Services, Oxnard School District (R-1, R-2, R-3, R-4) Attachment A Attachment B EDUCATION CODE SECTION 52000-52001 52000. The Legislature declares its intent to encourage improvement of California elementary, intermediate, and secondary schools to ensure that all schools can respond in a timely and effective manner to the educational, personal, and career needs of every pupil. The Legislature is committed to the belief that schools should: (a) Recognize that each pupil is a unique human being to be encouraged and assisted to learn, grow, and develop in his or her own manner to become a contributing and responsible member of society. (b) Assure that pupils achieve proficiency in mathematics and in the use of the English language, including reading, writing, speaking, and listening. (c) Provide pupils opportunities to develop skills, knowledge, awareness, and appreciations in a wide variety of other aspects of the curriculum, such as arts and humanities; physical, natural, and social sciences; physical, emotional, and mental health; consumer economics; and career education. (d) Assist pupils to develop esteem of self and others, personal and social responsibility, critical thinking, and independent judgment. (e) Provide a range of alternatives in instructional settings and formats to respond adequately to the different ways individual pupils learn. (f) Maintain a schoolwide process for the involvement of parents broadly reflective of the socio-economic composition of the school attendance area, principals, teachers, other school personnel, pupils attending secondary schools, and members of the community in the development of school improvement plans. The Legislature, by the provisions of this chapter, intends to support the efforts of each participating school to improve instruction, auxiliary services, school environment, and school organization to meet the needs of pupils at that school. 52001. As used in this chapter: (a) "Other school personnel" means persons who work directly and on a regular basis with pupils, including administrative employees, as defined in subdivision (e) of Section 33150, pupil services employees, as defined in subdivision (c) of Section 33150, and classified employees. (b) "Community member" means a person who is neither in the employment of the school district, nor the parent or guardian of a pupil attending the participating school. (c) "School improvement plan" means a plan that meets the requirements of Section 52014 developed at an individual school and submitted to a local governing board for approval. (d) "School improvement program" means a program developed pursuant to an approved school improvement plan. (e) "District master plan" means a plan that meets the requirements of subdivision (b) of Section 52034. (f) "Planning grant" means allowances as described in Section 52046 to develop a school improvement plan. (g) "Implementation grant" means allowances as described in Section 52046 to implement school improvement plans. (h) "Participating schools" means schools that participate in the school improvement program pursuant to this chapter. (i) "Elementary school" means any school maintaining two or more of grades 1 to 6, inclusive. (j) "Secondary school" means any school that is not an elementary school. (k) "Parity" means equal numbers. EDUCATION CODE SECTION 52010-52039 52012. A schoolsite council shall be established at each school that participates in the school improvement program authorized by this chapter. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school; other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; and, in secondary schools, pupils selected by pupils attending the school. At the elementary level the council shall be constituted to ensure parity between (a) the principal, classroom teachers and other school personnel; and (b) parents or other community members selected by parents. In schools with fewer than three teachers, this requirement may be met by establishing a council that is composed of equal numbers of school staff and parents or other community members selected by parents. At the secondary level the council shall be constituted to ensure parity between (a) the principal, classroom teachers and other school personnel and (b) equal numbers of parents or other community members selected by parents, and pupils. At both the elementary and secondary levels, classroom teachers shall comprise the majority of persons represented under subdivision (a) of this section. Existing schoolwide advisory groups or school support groups may be utilized as the schoolsite council if those groups conform to this section. School districts that maintain kindergarten or any of grades 1 to 8, inclusive, and that maintain schools with fewer than 100 pupils each, and that share a common attendance area may establish a single schoolsite council for the common attendance area. The term and method of selection and replacement of council members shall be specified in the school improvement plan developed pursuant to Section 52014. The Superintendent of Public Instruction shall provide several examples of selection and replacement procedures that may be considered by schoolsite councils. 52016. In elementary schools the school improvement plan shall, in addition, include: (a) The active involvement of parents in classroom activities and in other aspects of the school improvement program. Parents who work under the supervision of certificated personnel in ongoing delivery of educational services shall be encouraged to participate in a staff development program implemented pursuant to Section 52019. 52019. Each school improvement program shall include a local staff development program. Existing school-level staff development programs conducted pursuant to state and federal laws shall be consolidated with local staff development programs to the extent permitted by federal law. Local staff development programs shall: (a) Provide opportunities for school personnel, paraprofessionals, and volunteers to participate each year in ongoing staff development activities based on a systematic identification of pupil and personnel needs at the school. Such identification shall address, but need not be limited to, the objectives specified in subdivisions (a), (b), (d), and (e) of Section 52015, Section 52016 and subdivisions (a) and (b) of Section 52017; the capacity of school personnel to implement school improvement programs; and the capacity of school site councils to monitor and evaluate programs authorized by this chapter. (b) Be designed and implemented by classroom teachers and other participating school personnel, including the school principal, with the aid of outside personnel as necessary. Classroom teachers shall comprise the majority of any group designated to design staff development programs for instructional personnel to be established pursuant to this article. Development activities for members of the school site council shall be designed in conjunction with such members. (c) Allow for diversity in staff development activities, including, but not limited to, small groups, self-directed learning, and systematic observation during visits to other classrooms or schools. (d) Be conducted during time when is set aside throughout the school year, including, but not limited to, time on a continuing basis when school personnel are released from their regular duties. (e) Be evaluated and modified on a continuing basis by participating school personnel, paraprofessionals, and volunteers with the aid of outside personnel as necessary. (f) Include the school principal and other administrative personnel as active participants in one or more staff development activities. EDUCATION CODE SECTION 35140-35149 35145.5. It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the governing board on any item of interest to the public, before or during the governing board's consideration of the item, that is within the subject matter jurisdiction of the governing board. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. The regulations may specify reasonable procedures to insure the proper functioning of governing board meetings. 35147. (a) Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley- Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Division 3 of Title 2 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (b) The councils and schoolsite advisory committees established pursuant to Sections 52012, 52065, 52176, and 52852, subdivision (b) of Section 54425, Sections 54444.2, 54724, and 62002.5, and committees formed pursuant to Section 11503 or Section 2604 of Title 25 of the United States Code, are subject to this section. (c) Any meeting held by a council or committee specified in subdivision (b) shall be open to the public and any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee. Notice of the meeting shall be posted at the schoolsite, or other appropriate place accessible to the public, at least 72 hours before the time set for the meeting. The notice shall specify the date, time, and location of the meeting and contain an agenda describing each item of business to be discussed or acted upon. The council or committee may not take any action on any item of business unless that item appeared on the posted agenda or unless the council or committee members present, by unanimous vote, find that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda. Questions or brief statements made at a meeting by members of the council, committee, or public that do not have a significant effect on pupils or employees in the school or school district or that can be resolved solely by the provision of information need not be described on an agenda as items of business. If a council or committee violates the procedural meeting requirements of this section and upon demand of any person, the council or committee shall reconsider the item at its next meeting, after allowing for public input on the item. (d) Any materials provided to a schoolsite council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Attachment C

F12: The complainant followed the District complaint procedures all the way through to the presentation to the School Board.

F13: Further discussion at this meeting expressed parent concerns with protocol, amendment of bylaws as needed and the function of SSC at the beginning of the next school year (Ed. Code 52019).

F14: Agendas, minutes and other related information for SSC were written in English and Spanish. There were interpreters at each of the meetings.

F15: Posting of time and place could be seen as one enters the front office at Elm Street. Jurors did not see a posted agenda for that particular meeting (Ed Code 35147).

F16: The survey indicates that there should be emphasis placed on staff development for members of SSC (Ed. Code 52019).

Related Recommendations (2)

R1: The District should make an aggressive effort to provide all parties involved with the Ed. Codes and District Mandates pertinent to the legislative intent and options that guide the responsibilities and procedures of SSC.

R3: A staff development program for teachers and all other personnel and volunteers should be provided. Ed. Codes and District Mandates should be included in the information provided to ensure that all parties are acquainted with the intent and options of the laws that govern the procedures and responsibilities of SSC.

F17: Elm Street serves as an overflow school. When enrollments at other schools within the District are at capacity, students are then enrolled in the Elm Street School. Conclusions C-1. During the SSC meeting at the particular school in question, the Administration made a special effort to conduct the items on parent members and teacher representation in accordance with the legislative intent of the law. (F-2, F-9) C-2. At the school from which the complaint originated, corrective actions on better communication of time and place of meetings were implemented. (F-16) C-3. There were problems with the components on selection and appointment of members and officers of the council. Bylaws were rewritten with the intent to resolve the allegations. (F- 3, F-4) C-4. Parents were involved in the meetings held at each of the schools selected for protocol visits. Parents served as chairman of the council at some of the schools. (F-11, F-13) C-5. If the overflow school is redesignated as a neighborhood school for the new year, this should be an advantage to the functions and responsibilities to the SSC. (F-17) Recommendations

June 11, 2003 — City of Moorpark Practices of Code Enforcement and Building and Safety

6 pages 26 findings 13 recommendations

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Findings & Recommendations 26 findings

F1: In the different cities, code enforcement personnel reported to different departments. See, Table 1.

F2: Responses received from the cities indicated that some did not track the data requested and that there were no systems in place from which to supply the data requested.

Related Recommendations (1)

R1: That all cities establish programs to gather readily available code enforcement data in order to make possible their evaluation of the effectiveness of their enforcement programs vis a vis the programs of other comparable cities.

F3: Of the information received from the cities, a sample of comparable information is reflected in Table 2.

F4: Some Enforcement Personnel reported to several different departments within the particular city.

F5: City enforcement officers generally attempt to clear violations by a phone call or a visit but those attempts failing, a notice warning letter will often be written. 1

F6: In notice warning letters, some cities supply detailed instructions on how to appeal the indicated violation though in some cities they do not give such instructions until legal action is undertaken.

F7: Most reported or discovered, violations occur because the violators are not familiar with code requirements.

F8: When documentation was requested from Moorpark Code Enforcement that would explain the public’s right to appeal violation notices and how to accomplish such an appeal, no satisfactory response was forthcoming.

F9: In response to the Jury’s query on code violation appellate rights and procedures, the Jury received copies of various sections and pages from Moorpark Code Enforcement that were identified as relevant material from the Moorpark Municipal Code. It was not clear from this material what a cited violator’s appellate rights were.

Related Recommendations (1)

R2: That in all cases the first written notice of violation contain complete and understandable information with respect to the appellate rights of the alleged violator or a published pamphlet containing that information.

F10: Of the Municipal Code documents furnished the Jury, only a section of the code that covered The Federal Water Pollution Act indicated, “that each order shall state that the recipient has a right to appeal.”

F11: On further inquiry, City of Moorpark personnel were unable to further detail the requested appellate rights information and reference was made to the Municipal Code on the Internet.

F12: A search of the Internet established that though a set of the Municipal Codes appeared to be available on the Internet, downloading revealed that the documents provided the Jury in the past was not in the Internet Municipal Code nor did the Internet Municipal Code appear to be complete.

Related Recommendations (2)

R5: That the Internet Moorpark Municipal Code be kept up to date.

R6: That an index of sections and chapters be created for the Internet version of the Moorpark Municipal Code in order to facilitate the public’s use of that information.

F13: Copies obtained of typical letters sent by Moorpark Code Enforcement to violators revealed, with one exception, that none contained meaningful appellate information.

Related Recommendations (1)

F14: A visit to the Moorpark Building and Safety Department disclosed that though pamphlets describing code enforcement were available at their location, a similar visit to City Hall disclosed that personnel there were not certain of the availability of information explaining code enforcement and that the rack containing this type information was fairly empty. City Hall personnel stated, “Things were being redone.”

Related Recommendations (1)

R3: That the “information” racks at Moorpark City Hall and Building and Safety be kept up to date.

F15: In many cities within the County, copies of the municipal codes were readily available for the general public at either the relevant city hall or the Building and Safety department. This was not the case in Moorpark.

Related Recommendations (1)

R4: That copies of the Moorpark Municipal code be made available at the City Hall counter and the Building and Safety Department for necessary public review.

F16: Moorpark Code Enforcement provided the Jury a “Board of Appeals Application for Hearing” and, attached to it, a section 501, chapter 5, “appeals,” purportedly from the Moorpark Municipal Code. This section, apparently taken from a 1997 “Abatement of Dangerous Buildings” section indicated 30 days as the time for appeal, and refers to section 401.3 of the code. A search for relevant section 4 of the code reviewed on the Internet revealed a blank page indicating that it is reserved.

Related Recommendations (2)

R7: That the Moorpark Municipal Code be reviewed with a view to replacing the present varying appeals time limitations with a uniform time limit for appeals. Some sections currently permit 10 days some, some 15 days, and some 30days.

R8: If Moorpark Code Enforcement is using the form “Board of Appeals Application for Hearing”, the

F17: A copy of Moorpark’s Building and Safety “Building and Permit Fees,” with many pencil changes within the document, was obtained. 2

F18: The “Building and Permit Fees” document provided to the Jury did not explain the penciled changes or contain annotations indicating City Council action approving such changes.

Related Recommendations (2)

R9: That the Moorpark Building and Permit fees of the Building and Safety Department be thoroughly reviewed and revised so that they present to the 4 public a complete, clear, consistent, fair, reasonable and obtainable schedule for development and improvement within the City of Moorpark.

R10: That upon the review and revision of the Moorpark Building and Permit fees of the Building and Safety Department, those building and permit fees be presented to the City Council for approval in a public hearing.

F19: A comparison between fees indicated on documents provided the Jury to the fees charged to complainants was not possible because in most cases the fees were based on the “official’s” subjective estimates of construction costs, or his or her estimate of the cost of inspection and plan review, or in some cases fees were negotiated.

Related Recommendations (1)

F20: Some of the obtained documents reflected estimated costs for investigations and “meetings” time.

Related Recommendations (1)

F21: Review of some documents provided indicated no fee listing for such items as grading plan checks, improvement plan checks and geotechnical report review, grading inspection or improvement inspection though such fees are levied.

Related Recommendations (1)

F22: Attached to some of the documents received were pages identified as “clearances and approvals,” but they were without any indication as to whether they were approved by the city and no fees were listed.

Related Recommendations (1)

F23: An exhibit obtained by the Jury, titled “City of Moorpark Subdivision Final Processing Fee Schedule” indicated that homeowners are being charged the same fees as are being charged major sub division developers, i.e., these gross fees are being charged to individual homeowners when improving their lots/homes etc.

Related Recommendations (1)

F24: The California Government Code at section 6253 (b), a section of the California Public Records Act, states, “(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.” (Emphasis supplied)

Related Recommendations (3)

R11: The City of Moorpark immediately review and comply with the California Public Records Act.

R12: That the City of Moorpark require that all department directors brief their personnel on the requirements of the California Public Records Act.

R13: The City of Moorpark perform an audit of past excessive charges and return such fees to the overcharged citizens. Responses Required Moorpark City Manager (R-1 thru R-9, R-11, R-13) Moorpark City Council (R-9 thru R-12) 5 TABLE 1 CITY/COUNTY DEPARTMENTS - CODE ENFORCEMENT (Responses received from a Grand Jury Query) Camarillo Community Development Department Fillmore Community Development Department Moorpark Community Development Department Oxnard Police Department Port Hueneme Community Development Department Santa Paula Building and Safety Department Simi Valley Community Services Department Thousand Oaks Community Development Department Ventura Fire Department Ventura County Planning Division TABLE 2 CODE ENFORCEMENT STATISTICS Average Quantity City Population Fines Number of Written Per Number Levied ($) Officers Officer 2520 Camarillo 6,0374 5,250 4 630 43 Fillmore 4,001 0 2 part time 21 485 Moorpark 33,000 2,134 1 485 7107 Oxnard 182,027 39,413 9 789 634 Port Hueneme 22,000 0 1 634 232 Santa Paula 28,732 20,165 2.4 96 3417 Simi Valley 116,048 6,816 7 488 1300 Thousand Oaks 122,000 9,029 6 216 1744 Ventura 100,916 31,646 4.5 387 1325 Ventura County 93,790 25,000 3 441 6

F25: The California Government Code at section 6253 (d), further states, “(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.”

Related Recommendations (3)

R11: The City of Moorpark immediately review and comply with the California Public Records Act.

R12: That the City of Moorpark require that all department directors brief their personnel on the requirements of the California Public Records Act.

F26: Citizens, when requesting copies of drawings are being charged exorbitant, unpublished hourly rates to have the documents located within the department and are also being subjected to lengthy delays in receiving the requested drawings for duplication. Conclusions C-1. In general, cities within the County had code enforcement programs that were operated for the benefit of their citizens. (F-5, F-6, F-7) C-2. In most cases the code enforcement officers were knowledgeable and competent in their function. (F-5, F-6, F-7) C-3. In most cases code enforcement officers are doing what they can under the restrictions and limitations of their resources. (F-5, F-6, F-7) 3 C-4. There are areas where action can and should be taken by the cities to improve the public’s perception of their code enforcement efforts. ( F-9, F-10, F-11, F- 12, F-14, F-15) C-5. Current copies of the City of Moorpark Municipal Codes were not readily available for general public review at city locations. (F-8, F-9, F-11, F-15) C-6. Homeowners in the City of Moorpark were being charged fees based upon a fee schedule, which is also used for subdivision final processing. This fee appears to be excessive for a homeowner. (F-17, F-18, F-19, F-20, F-21) C-7. Because each city sets its own “price list,” a direct comparison between cities cannot be made. C-8. City of Moorpark, particularly Moorpark Building and Safety Engineering Department, regularly and repeatedly failed to adhere to the mandate of the California Public Records Act with respect to timeliness of production and fees charged. Documentation, which indicates this, has been provided to the committee. (F-24, F-25, F-26) C-9. The City of Moorpark acts arbitrarily in its fee charging procedures placing unreasonable reliance on sometimes exaggerated, unpredictable and capricious subjective estimates of costs by individual personnel. (F-26) C-10. The City of Moorpark acts arbitrarily in assessing unjustly high and arbitrary fees on its citizens. (F-26) Recommendation

June 10, 2003 — Redevelopment Agencies and the Requirements for Low and Moderate Income Housing

7 pages 15 findings 5 recommendations

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Findings & Recommendations 15 findings

F1: In 1976 the State Assembly created the Low and Moderate Income Housing Fund Bill (AB3670). This legislation required that all new redevelopment projects set aside 20% of their tax increment revenues for use on low and moderate income housing.

F2: In 1994 the State Assembly created a “use it or lose it,” bill (AB1290) related to the 20% set aside funds. Agencies worried that the State could then take back unused funds. It stated that if agencies did not expend or encumber excess surplus (defined below) in the low and moderate income housing fund within one year from the date it became surplus, the agency must either, (a) disburse the excess voluntarily to a housing authority or other public agency exercising housing development powers or (b) expend or encumber its excess within two additional years. It also provided that after three years if it has not spent or encumbered, the agency would be subject to sanctions. The definition of "surplus” is any unexpended or unencumbered amount in an agency’s low and moderate-income fund that exceeds one million dollars or the aggregate of the amounts deposited during the agency’s last four fiscal years.

F3: Health and Safety Code section 33334.2 subdivision (a), allows a CRA to make findings, based upon sufficient factual information, that need exists in the community to improve, increase or preserve the supply of low and moderate income housing or that some percentage less than 20 percent of the tax increment revenues are sufficient to meet those needs. If such findings are properly made, the CRA is not required to use all or part of the 20 percent set aside funds.” 1

F4: The present law indicates tax increments are only available to CRAs that are in debt. Once the debt is paid, the property tax increment is not available to CRAs for the project. This encourages the CRAs to remain in debt so they may collect the funds. It should be noted that most of the funds received by staying in debt goes to pay the interest on the debt.

F5: There is no specific agency with oversight and audit power over CRAs except for the legislative bodies that create the CRAs. Except as mentioned below they are largely exempt from government oversight by any agency other than a Grand Jury.

F6: If a CRA defaults on its debt, a city has no legal responsibility to bail out their defaulting CRA. However, city credit and credibility are damaged, because as most CRA board members are also members of the city council.

F7: The California State Controller’s office issues an “annual report of financial transactions” of CRAs. Each city is responsible to submit a report on the status of “low and moderate income housing”.

F8: The above report must also contain a form entitled “ Statement of Indebtness”. This report must also be filed with the County Auditor on or before October 1 of each year.

F9: The Health and Safety Code, section 33080 (a) requires every CRA to file with the State Controller within six months of the end of the agency’s fiscal year all the documents required by 33080.1. In addition, a copy of this report, upon written request, must be furnished to any person or taxing authority.

Related Recommendations (4)

R1: The Board of Supervisors should monitor and publicize annually the accumulation and expenditures of the funds. (C-1, C-2)

R2: The Board of Supervisors should designate a County office to provide for the issuance of a report with enough detail as to the types and sizes of housing units created and indicating the total amount of tax dollars diverted to CRAs so that the public can assess the benefits of the expenditures. (C-1)

R3: Authorize an appropriate County agency to maintain a public file where annual reports and statement of indebtedness from all cities within the County would be located for public review. (C-1)

R5: The cities within the County furnish the same reports, as they are required to submit to the State Controller’s office to the designated County office. (C-1) 3 Responses required Board of Supervisors (R-1, R-2, R-3): CRAs of the following cities Port Hueneme (R-4, R-5) Santa Paula (R-4, R-5) Camarillo (R-4, R-5 Simi (R4, R-5) Ventura (R-4, R-5) Thousand Oaks (R-4, R-5) Fillmore (R-4, R-5) Ojai (R-4, R-5) Moorpark (R-4, R-5) Oxnard (R-4, R-5) 4 Attachment A L O W C O S T L HoOwU cSosINt hGo RusEinDgE rVeEdLeOvePloMpEmNeTNn tTF f UuFnNUdDNDS City Start of Funds Total Funds Received Total Funds Spent Funds AvailableUnits CompletedNext 18 month plan Camarillo 1998/1999 $1,654,463 $1,654,463 $0 28 (4*) 24 Fillmore 1983 $6,510,708 $4,635,708 $554,251 46 67 Moorpark 1989/1990 $4,365,000 $2,869,982 $1,495,018 69 190 (5* & 6*) Ojai 1975 $2,021,170 $1,350,169 $749,544 61 0 Oxnard 1995 $8,414,282 $4,361,900 $1,549,986 382 103 Port Hueneme 1996/1997 $3,502,969 $3,078,102 $283,839 215 28 (3*) Santa Paula 1991 $4,592,957 $2,954,450 $1,637,507 (1*) (2*) Simi Valley 1984/1985 $17,617,879 $9,422,210 $6,706,000 1675 300 Thousand Oaks 1980 $42,500,321 $40,928,633 $4,874,384 1826 177 Ventura 1979 $4,404,733 $1,961,700 $2,443,033 55 350 1* Santa Paula RDA has spent funds on preservation and safety of exsisting units. 2* Santa Paula RDA will respond to requests for financial aid for low cost housing on a case to case basis. 3* Port Hueneme RDA is almost built out and will be concentrating on preservation and safety of existing units. 4* Camarillo RDA plans on establishing another housing project. 5* Moorpark RDA indicates 302 units but not clear if completed or in process. 6* Moorpark RDA issued a bond issue for the purchase of a mobile home park. Attachment B LA County Board of Supervisors CRA Policy Policy #: Title: Effective Date: 5.160 Redevelopment Goals 10/08/02 PURPOSE _______________________________________________________________ Establishes a County policy that defines the role of the Chief Administrative Office, in conjunction with County Counsel and Auditor- Controller, in monitoring Community Redevelopment Agencies (CRA) for the Board of Supervisors. REFERENCE _______________________________________________________________ February 4, 1997 Board Order, Synopsis 40. February 6, 2001, State Legislative Policies and Goals. POLICY _______________________________________________________________ The following policies are recommended for adoption by the Board of Supervisors to guide the County's review and response to redevelopment activities pursued by the County's cities. The purpose of the policy is to protect the County's interests, and provide policy guidance to County departments interacting with redevelopment agencies. All correspondence with CRAs, and any Board letters concerning redevelopment matters involving the County's cities, must cite and be consistent with these policies. Any departure from these policies must be explicitly justified by (a) significant overriding consideration(s). 1. The County supports appropriate and justified redevelopment projects which seek to alleviate areas which constitute a serious physical and economic burden on the community, as defined by State Statute and clarified by recent Court decisions, for the purposes of returning these areas to safe and productive neighborhoods. 2. The Chief Administrative Office (CAO), supported by the County Counsel and Auditor-Controller, will review and report to the Board on all newly-proposed CRA projects and expansions, or other significant changes proposed for existing projects, for consistency with applicable redevelopment law. 3. In working with cities to resolve any County issues or concerns with regard to proposed redevelopment efforts, the CAO should fully explore opportunities for mutually beneficial partnership endeavors with cities which mitigate negative impacts on the County or respond to identified County redevelopment needs, and which are fully consistent with applicable redevelopment law. Understandings in such partnerships may be memorialized in contractual agreements. Consistent with these negotiations, the County will employ reasonable and prudent fiscal assumptions and projections and will seek to ensure that the County General Fund is not negatively impacted. 4. The Board will consider the following criteria in determining whether or not to seek legal challenge against a CRA: · A project is found by County staff and/or consultants to lack justification for findings of blight and the agency opts to proceed with the subject project despite these expressed concerns; · The estimated fiscal impact on the County is significant; and/or · The precedent-setting nature of the project is of sufficient concern. RESPONSIBLE DEPARTMENT _______________________________________________________________ The Chief Administrative Office. DATE ISSUED/SUNSET DATE _______________________________________________________________ Issue Date: October 8, 2002 Sunset Date: October 8, 2006

F10: Although a County Board of Supervisors has no legislative oversight of CRAs, many have adopted “policies” within the Board of Supervisors policy manuals to have some oversight. Attachment B is a recent example of Los Angeles County Board of Supervisors action.

F11: Before the approval of a redevelopment plan, the agency shall conduct a public hearing on the plan. CRAs are required to publish a notice of the hearing, not less than once a week for four successive weeks prior to the hearing. The notice shall be published in a newspaper of general circulation and published in the affected community. It is required that the notices be non-technical and in a clear and coherent manner using words with everyday common meanings.

F12: Copies of the published notices shall also be mailed first class to the last known owner of each parcel of land in the area designated in the redevelopment plan. In addition, notice shall also be provided to all residents and businesses within the project area at least 30 days prior to the hearing.

F13: Citizen involvement is minimal in most CRA planning operations. Project Area Committees (PACs) are required at the formation of a CRA residential project. Once the project is approved, there normally is no continuing citizen involvement with the plan. Agencies are not required to notify or recall the PACs, if the plan is revised.

F14: Many of the cities within the County hold their Community Redevelopment meetings on the same night as the City Council meetings and on that night’s published City Council agenda. Some of the cities have a separate agenda for the CRA meeting also listed.

Related Recommendations (1)

R4: Cities should review their present policy and consider holding the CRA meetings as a separate function not related to the regular council meetings. (C-3)

F15: The Grand Jury requested information from County Counsel as to what remedies are available if a CRA fails to comply with the provisions of its redevelopment plan or its implementation. The law 2 provides for judicial review of CRA actions, without specifying who may bring such action. There are specific procedures that have been established for review of redevelopment plans. A CRA may be subject to a taxpayer’s suit. The Attorney General has the power to bring actions to enforce state law. While no specific agency is given oversight responsibilities with respect to CRAs, various means are available by which judicial review of the agency’s actions may be obtained. There appear to be no penalty provisions contained in the law. The only enforcement mechanism available in the law is for bondholders, affected individuals or organizations, taxpayers or the Attorney General to file suit asking a court to enforce the requirements of the law. Conclusions C-1. The citizens of Ventura County have little access to information regarding CRAs. There is no central location within the County where reports and other information are available. Each CRA is required to submit specific reports to the State Controllers office. A compilation of these reports is published on the Internet. It is difficult at best to determine any particular city’s information. (F-4, F-7,

June 10, 2003 — Rio School District

10 pages 13 findings 8 recommendations

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Findings & Recommendations 13 findings

F1: The School District did not issue its annual parental notification of rights and duties as required by Sections 48980-48985 of the Education Code. See, Attachment A.

Related Recommendations (1)

R2: That the Rio School District Board require that any Superintendent or Acting Superintendent of the District to forthwith, and again when required in the normal course of the school year, issue to all parents the statement of parental rights and duties required by Sections 48980-48985 of the Education Code.

F2: The Rio School District administration actively solicited Proposition 227 bilingual Parent Waiver Requests.

F3: Parent Waiver Request forms issued by the Rio School District appeared to be tailored to trigger a response that would require a waiver from English language education.

F4: The Rio School District’s active encouragement of education in Spanish rather than English appears to have polarized the parent community with respect to bilingual education.

Related Recommendations (1)

R3: That the Rio School District Board encourage any Superintendent or Acting Superintendent of the District to hold a series of open parent meetings to bring the community to a better understanding of the goals of bilingual education under California law.

F5: The Rio School District administration’s activity is contrary to the bilingual education policy of the State of California as reflected in various sections of the Education Code. See, Attachment B.

Related Recommendations (1)

R1: That the Rio School District Board require that any Superintendent or Acting Superintendent of the District earnestly and honestly follow the mandates of State law with respect to education and in particular with respect to bilingual education.

F6: Some Rio School District teachers and staff perceive an air of intimidation and coercion with respect to the expression by them of professional opinions regarding policies and methods of instruction related to bilingual education.

Related Recommendations (1)

R6: That Rio School District teachers and staff be counseled to desist from partisan activity contrary to the mandates of State law with respect to education and in particular with respect to bilingual education while on the job.

F7: Some Rio School District teachers are of the belief that there are irregularities in the hiring and replacement process of State certified bilingually qualified teachers and that there is an unnecessary use of emergency credentialed bilingual teachers.

Related Recommendations (2)

R4: That the Rio School District Board require that any Superintendent or Acting Superintendent of the District review the credentials and hiring record of State certified bilingual teachers and emergency credentialed teachers to assure that the hiring process was correct in all cases and that persons with emergency credentials are necessary to the District rather than regularly credentialed teachers.

R5: That the Rio School District Board require that any Superintendent or Acting Superintendent of the District report to the Board the result of any study and review performed as recommended at recommendation number 4, above.

F8: The turnover of teachers and other staff in the Rio School District over the past three years has been unusually high and more than can be attributed to transfers for better or higher paying positions.

F9: Rio School District Board meetings were noisy and contentious with constant loud disruptive interchanges between factions of the divided community.

F10: Translation service at Rio School District Board meetings was inadequate and was perceived by some participants as biased and inaccurate.

Related Recommendations (1)

R7: That at Rio School District Board meetings the Board assure that translation services are adequate, competent, accurate and non-partisan.

F11: The sound system at Rio School District Board meetings was inadequate and spotty in performance.

F12: Rio School District Board meetings were undisciplined and partisan signs of one faction were permitted to be posted in the hearing room.

Related Recommendations (1)

R8: That at Rio School District Board meetings the Board act appropriately to assure that the decorum of the meeting is appropriate for an educational forum. Required Responses Rio School District Board (R-1, R-5, R-7, R-8) Superintendent or Acting Superintendent (R-1, R-3, R-6) Attachment A 48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550 and Chapter 2.3 (commencing with Section 32255) of Part 19. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9(commencing with Section 49510) of Chapter 9. (c) The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds. (e) Commencing with the 2000-01 school year, and each school year thereafter, the notification shall advise the parent or guardian of the pupil that, commencing with the 2003-04 school year, and each school year thereafter, each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. (f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) shall inform parents or guardians of the program as specified in Section 32390. (g) Until July 1, 1998, the notification shall also advise the parent or guardian of the availability of the employment-based school attendance options pursuant to subdivision (f) of Section 48204. (h) The notification shall also include a copy of the district's written policy on sexual harassment established pursuant to Section 212.6, as it relates to pupils. (i) Commencing July 1, 1998, the notification shall include a copy of the written policy of the school district adopted pursuant to Section 51870.5 regarding access by pupils to Internet and online sites. (j) The notification shall advise the parent or guardian of all current statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the current statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5 (commencing with Section 48209) of Chapter 2 of Part 27. The State Department of Education shall produce this portion of the notification and shall distribute it to all school districts. (k) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California's pupils. (l) The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 when missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (m) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52244. 48980.3. The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612. 48981. The notice shall be sent at the time of registration for the first semester or quarter of the regular school term. The notice may be sent by regular mail or by any other method normally used to communicate with the parents or guardians in writing. 48982. The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian that he has been informed of his rights but does not indicate that consent to participate in any particular program has either been given or withheld. 48983. If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state that fact and shall also state the approximate date upon which any of such activities will occur. 48984. No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or guardian has been informed of such action pursuant to this article or has received separate special notification. 48985. When 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 through 12 speak a single primary language other than English, as determined from the census data submitted to the Department of Education pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in such primary language, and may be responded to either in English or the primary language. Attachment B 300. The People of California find and declare as follows: (a) Whereas, The English language is the national public language of the United States of America and of the State of California, is spoken by the vast majority of California residents, and is also the leading world language for science, technology, and international business, thereby being the language of economic opportunity; and (b) Whereas, Immigrant parents are eager to have their children acquire a good knowledge of English, thereby allowing them to fully participate in the American Dream of economic and social advancement; and (c) Whereas, The government and the public schools of California have a moral obligation and a constitutional duty to provide all of California's children, regardless of their ethnicity or national origins, with the skills necessary to become productive members of our society, and of these skills, literacy in the English language is among the most important; and (d) Whereas, The public schools of California currently do a poor job of educating immigrant children, wasting financial resources on costly experimental language programs whose failure over the past two decades is demonstrated by the current high drop-out rates and low English literacy levels of many immigrant children; and (e) Whereas, Young immigrant children can easily acquire full fluency in a new language, such as English, if they are heavily exposed to that language in the classroom at an early age. (f) Therefore, It is resolved that: all children in California public schools shall be taught English as rapidly and effectively as possible. 305. Subject to the exceptions provided in Article 3 (commencing with Section 310), all children in California public schools shall be taught English by being taught in English. In particular, this shall require that all children be placed in English language classrooms. Children who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one year. Local schools shall be permitted to place in the same classroom English learners of different ages but whose degree of English proficiency is similar. Local schools shall be encouraged to mix together in the same classroom English learners from different native- language groups but with the same degree of English fluency. Once English learners have acquired a good working knowledge of English, they shall be transferred to English language mainstream classrooms. As much as possible, current supplemental funding for English learners shall be maintained, subject to possible modification under Article 8 (commencing with Section 335) below. 306. The definitions of the terms used in this article and in Article 3 (commencing with Section 310) are as follows: (a) "English learner" means a child who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English, also known as a Limited English Proficiency or LEP child. (b) "English language classroom" means a classroom in which the language of instruction used by the teaching personnel is overwhelmingly the English language, and in which such teaching personnel possess a good knowledge of the English language. (c) "English language mainstream classroom" means a classroom in which the pupils either are native English language speakers or already have acquired reasonable fluency in English. (d) "Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. (e) "Bilingual education/native language instruction" means a language acquisition process for pupils in which much or all instruction, textbooks, and teaching materials are in the child's native language. 310. The requirements of Section 305 may be waived with the prior written informed consent, to be provided annually, of the child's parents or legal guardian under the circumstances specified below and in Section 311. Such informed consent shall require that said parents or legal guardian personally visit the school to apply for the waiver and that they there be provided a full description of the educational materials to be used in the different educational program choices and all the educational opportunities available to the child. Under such parental waiver conditions, children may be transferred to classes where they are taught English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. Individual schools in which 20 pupils or more of a given grade level receive a waiver shall be required to offer such a class; otherwise, they must allow the pupils to transfer to a public school in which such a class is offered. 311. The circumstances in which a parental exception waiver may be granted under Section 310 are as follows: (a) Children who already know English: the child already possesses good English language skills, as measured by standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores at or above the state average for his or her grade level or at or above the 5th grade average, whichever is lower; or (b) Older children: the child is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's rapid acquisition of basic English language skills; or (c) Children with special needs: the child already has been placed for a period of not less than thirty days during that school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the child has such special physical, emotional, psychological, or educational needs that an alternate course of educational study would be better suited to the child's overall educational development. A written description of these special needs must be provided and any such decision is to be made subject to the examination and approval of the local school superintendent, under guidelines established by and subject to the review of the local Board of Education and ultimately the State Board of Education. The existence of such special needs shall not compel issuance of a waiver, and the parents shall be fully informed of their right to refuse to agree to a waiver. 315. In furtherance of its constitutional and legal requirement to offer special language assistance to children coming from backgrounds of limited English proficiency, the state shall encourage family members and others to provide personal English language tutoring to such children, and support these efforts by raising the general level of English language knowledge in the community. Commencing with the fiscal year in which this initiative is enacted and for each of the nine fiscal years following thereafter, a sum of fifty million dollars ($50,000,000) per year is hereby appropriated from the General Fund for the purpose of providing additional funding for free or subsidized programs of adult English language instruction to parents or other members of the community who pledge to provide personal English language tutoring to California school children with limited English proficiency. 316. Programs funded pursuant to this section shall be provided through schools or community organizations. Funding for these programs shall be administered by the Office of the Superintendent of Public Instruction, and shall be disbursed at the discretion of the local school boards, under reasonable guidelines established by, and subject to the review of, the State Board of Education. As detailed in Article 2 (commencing with Section 305) and Article 3 (commencing with Section 310), all California school children have the right to be provided with an English language public education. If a California school child has been denied the option of an English language instructional curriculum in public school, the child's parent or legal guardian shall have legal standing to sue for enforcement of the provisions of this statute, and if successful shall be awarded normal and customary attorney's fees and actual damages, but not punitive or consequential damages. Any school board member or other elected official or public school teacher or administrator who willfully and repeatedly refuses to implement the terms of this statute by providing such an English language educational option at an available public school to a California school child may be held personally liable for fees and actual damages by the child's parents or legal guardian. 325. If any part or parts of this statute are found to be in conflict with federal law or the United States or the California State Constitution, the statute shall be implemented to the maximum extent that federal law, and the United States and the California State Constitution permit. Any provision held invalid shall be severed from the remaining portions of this statute. 340. Under circumstances in which portions of this statute are subject to conflicting interpretations, Section 300 shall be assumed to contain the governing intent of the statute.

F13: The Board permitted obscenities to be directed at speakers from members of the audience who were not in agreement with the speaker. Conclusions C-1. The failure of the Rio School District to issue the required parental notification of the rights and responsibilities required by the Education Code aggravated the confusion within the parent community with respect to bilingual education. (F-1) C-2. The Rio School District administration, in advocating Spanish education over English through the waiver system, erred with respect to the intent and policy of California law applicable to bilingual education. (F-2, F-3, F-4, F-5) C-3. The Rio School District’s advocacy of Spanish education over English through the waiver system, resulted in divisions within the parent and teacher communities. (F-4, F-6, F-7, F-8) C-4. Parents in the Rio School District are highly polarized with respect to bilingual education. (F-4, F-5, F-9) C-5. The solicitation of Proposition 227 waivers distorted and aggravated parent community polarization over bilingual education and blocked reasonable and rational efforts to ameliorate antagonisms induced by that polarization. (F-2, F-3,

May 13, 2003 — Thousand Oaks Day Laborer Site

2 pages 5 findings 3 recommendations

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Findings & Recommendations 5 findings

F1: The laborers are not as visible to the general public in their new pick-up site as they were at the old location. The area appeared to be clean and well maintained on each of the Grand Jury visits.

Related Recommendations (1)

R1: Recommend that permanent toilet facilities be installed. At the time this report was being written, the city had approved funding to accomplish the construction with the next CDBG fund application. (C-3)

F2: The site chosen was City-owned property. All construction was funded by Community Development Block Grant (CDBG) funds. The improvements included picnic tables with benches, a bicycle rack, trash receptacles and turnaround access.

Related Recommendations (1)

R2: Conduct a traffic safety study at the corner of Hampshire Road and Royal Oaks to determine if the new day laborer site has created a traffic hazard that would warrant installing “No Parking” signs in the immediate area. (C-4)

F3: Two (2) portable sanitary units provided temporary restroom facilities.

Related Recommendations (1)

R3: Install a permanent sign at the turnaround indicating where contractors and the general public can pick up the day laborers. (C-5) Response Required City Manager, Thousand Oaks (R-1, R-2, R-3) CC: Thousand Oaks City Council Commendation The City of Thousand Oaks has done a commendable job in helping to solve the problem of what to do with locating day laborers.

F4: On the various visits made by members of the Grand Jury, there were 6 to 12 cars parked in the vicinity of the day labor pick-up site. It was unknown whether these were resident or day laborer owned vehicles.

F5: The turnaround area provided for contractors and the general public to pick up the laborers is not marked, and unless one is familiar with the turnaround, it might not be used. Conclusions C-1. Other cities that are still wrestling with day laborer problems might want to consider using CDBG funds to create similar areas within their cities. (F-2) C-2. The citizen’s complaint appears to be “it’s a great idea but just not in my neighborhood, please.” (F-1) C-3. The temporary restroom facilities serve the immediate needs of the day laborers. If permanent facilities were made available, the aesthetic appearance of the entire area would be improved. (F-3) C-4. A traffic survey in the area would provide an indication whether the parked vehicles were causing hazardous conditions for moving vehicles or pedestrians in the area. (F-4) C-5. The new site is located in an out-of-the-way low population area. (F-1, F-5) Recommendations

May 06, 2003 — Fire & Rescue Service California State University Channel Islands

4 pages 19 findings 5 recommendations

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Findings & Recommendations 19 findings

F1: CSUCI campus is State property and as such neither contributes to the Fire District nor pays County property taxes, and it is not part of the Fire District's population base.

F2: CSUCI established a volunteer fire services department when it terminated its contract with the County. At the present time there are no fire engines or fire personnel on campus. However, the CSUCI Police Chief indicated that there will be a small fire engine on campus, four paid fire captains, and volunteers from the training facility in Ventura County who will use hours worked at CSUCI for certification.

Related Recommendations (1)

R2: CSUCI reconsider its decision to opt out of the Fire District.

F3: There were no in-depth discussions between the Fire District and CSUCI when CSUCI decided to terminate its contract with the Fire District. 1

Related Recommendations (2)

R2: CSUCI reconsider its decision to opt out of the Fire District.

R4: CSUCI and the Site Authority resume serious in-depth discussions with the Ventura County Fire Chief to resolve the problems inherent in the situation as it is now evolving.

F4: The CSUCI decision to terminate its contract and establish a volunteer fire department appears to have been budget-driven as the new volunteer department will cost approximately one-quarter of the $1.2 million contract with the Fire District.

Related Recommendations (1)

R2: CSUCI reconsider its decision to opt out of the Fire District.

F5: The Fire District is legally obligated to respond to emergency calls from CSUCI and will respond to the campus site. However, the Fire District is not legally obligated to construct and staff a facility on the campus site.

F6: The nearest Fire District station’s crew, Station 50, is not always available at the station for response to CSUCI. If the crew is available, the response time from Station 50 to CSUCI is a minimum 10-minute drive. Response times have become an industry benchmark for Emergency Medical Services (EMS) (3-5 minutes by the American Heart Association) and fires (5-7 minutes by National Fire Protection Association).

Related Recommendations (2)

R4: CSUCI and the Site Authority resume serious in-depth discussions with the Ventura County Fire Chief to resolve the problems inherent in the situation as it is now evolving.

R5: As a minimum, CSUCI, the Site Authority and the Fire District create a funded on-site emergency response provider (fire, rescue, and emergency response) to meet the industry's minimum response benchmarks. Responses Required Ventura County Fire District (R-4, R-5) CSUCI Site Authority Board (R-4, R-5) Responses Requested California State University Channel Islands (R-1, R-2, R-3, R-4, R-5) State of California Fire Marshall (R-1, R-2, R-3, R-4, R-5) 4

F7: County response requires certain access, water flow and fire protection features required by local ordinances from which CSUCI is exempt because it is a State entity.

Related Recommendations (1)

R4: CSUCI and the Site Authority resume serious in-depth discussions with the Ventura County Fire Chief to resolve the problems inherent in the situation as it is now evolving.

F8: The Fire District is obligated by contract with the California Department of Forestry to protect the wild lands surrounding CSUCI.

F9: A separate 911 emergency phone system has been established by CSUCI.

F10: Streets and addresses at the Campus site have been renamed by CSUCI without reference to the County process.

F11: Due to State fire code requirements, new residential buildings (except apartments) have fire alarms but not sprinkler systems. Apartments are required to have both.

Related Recommendations (1)

R3: CSUCI reconsider the requirement for sprinklers in all its proposed housing.

F12: The Ventura County Fire Chief encouraged CSUCI to provide sprinklers in every structure to limit the need for on-site fire suppression staffing. The basic price of sprinklers (approximately one dollar per square foot) for proposed housing could offset some annual staffing costs for fire fighters.

Related Recommendations (1)

R3: CSUCI reconsider the requirement for sprinklers in all its proposed housing.

F13: As of March 2003 at the campus site there are 100 new apartments, 71 new condos/townhouses and 36 new single-family dwellings.

F14: Old hospital buildings being used by CSUCI have sprinkler and fire alarms and are of thick concrete construction.

F15: The Site Authority was created to facilitate and provide for the financing and support of the site for use as a campus for CSUCI. The Site Authority is still holding fire protection meetings at CSUCI.

F16: The Site Authority proposes to develop the Community Development Area land for up to 900 housing units and up to 350,000 square feet of research and development facilities consistent with the Campus Master Plan.

F17: There is no hazardous materials protection plan at CSUCI and no agreement with the County for such protection. There is no “rescue” equipment for victims of inhalation from toxic gasses and smoke located at the CSUCI campus site.

Related Recommendations (2)

R4: CSUCI and the Site Authority resume serious in-depth discussions with the Ventura County Fire Chief to resolve the problems inherent in the situation as it is now evolving.

F18: EMS normally constitutes 75% of the Fire District’s call load. CSUCI Police Chief indicates that 9 or 10 police officers are EMS certified. CSUCI plans to acquire an Automatic Electronic Defibrillator (AED).

F19: In addition to residents at CSUCI, many students and personnel at CSUCI are residents of Ventura County and could be affected by substandard fire protection. Conclusions C-1 CSUCI has a clear duty to its present and future population to explore every possibility for assuring the safety of the population and to affect a safe fire and emergency environment and failed to do so. (F-2, F-3, F-4, F-6, F-7, F-9, F-10,

Related Recommendations (1)

R1: CSUCI make the safety of its population its number one priority and not let cost considerations drive the decisions to be made.

May 05, 2003 — Child Protective Sevices Human Services Agency

2 pages

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Findings and recommendations not yet extracted.

March 27, 2003 — Police Information Systems within Ventura County

6 pages 11 findings 5 recommendations

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Findings & Recommendations 11 findings

F1: RMS and CAD within the County represent a heterogeneous mix of technology. The complexity, variety of technical features and organizational interfaces make it difficult to compare systems directly. (See Table 1)

Related Recommendations (1)

R5: Considering the technical issues associated with modern policing, we recommend that the Sheriff and Police Chiefs support the establishment of two standing technical working groups. One group formed to consider data systems and a second group for communications. The objective of these working groups would be to address issues of technical standardization, coordination, identify improvement in capability through new technology and lowering costs. They would provide a resource for recommendations on investment in technical capability and provide a “Lessons Learned” resource from a technical point of view. These groups would be supported by the County Information System Department. (C-1, C-2)

F2: Some RMS and CAD systems within the County are very advanced (e.g., Ventura and Simi Valley). Some are not. The Sheriff maintains RMS and CAD support to the five cities with which he has a contract to provide police services. These cities are Ojai, Moorpark, Thousand Oaks, Camarillo and Fillmore.

F3: Due to their size and budgetary constraints the smaller cities have relatively less sophisticated systems.

F4: Some RMS and CAD systems are designed to work together and minimize redundant information entry. Other RMS/CAD systems are stand-alone and may not share data easily, if at all.

Related Recommendations (1)

F5: Some CAD systems have a Global Positioning System (GPS) capability. This capability exists in a number of systems but is not activated. (See Table 2.)

Related Recommendations (1)

R4: The Sheriff and Police Chiefs together evaluate, on a Countywide basis, the advantages and organizational, personnel and technical issues in deploying the GPS technology which already exists. (C-5)

F6: There have been significant recent investments by larger police agencies in communications and information technology. (See Table 3.)

F7: The newer CAD/RMS systems provide a significant capability to improve police responsiveness.

F8: The VCJIS provides a successful model for technical cooperation among justice agencies throughout the County.

F9: The networked nature of the VCJIS provides a technical basis for developing a data warehouse of shared public safety information across the County. 2

Related Recommendations (3)

R1: The Sheriff and Police Chiefs charter a working group composed of crime analysts, sworn officers (from gang and street crime task forces) and technical specialists to identify the conceptual design of a data warehouse for Countywide police information. (C-1, C-2, C-3, C-4)

R2: The County Information Technology Department should provide technical support to the working group to evaluate the cost and technical characteristics of such a data warehouse. (C-4)

R3: The Sheriff and Police Chiefs evaluate this conceptual design and if appropriate: A Pursue a federal grant to expand the Ventura County Integrated Justice System to include a data warehouse to also contain City RMS and CAD data. (C-3) B. Make as part of the grant the acquisition of two integrated RMS/CAD systems for small departments that would be compatible with the data warehouse. These systems would replace the current CAD and RMS systems operational in Port Hueneme and Santa Paula. (C-3)

F10: Criminal activities do not respect jurisdictional boundaries. In response to this fact, public safety agencies have established multi agency task forces to respond to specific issues such as illegal drug sales and criminal gangs. F11. Crime analysts and working officers have had to depend on informal contacts to access requisite information in multiple jurisdictions in order to develop a County wide view of specific criminal activities. Conclusions C-1. In Ventura County, cross-jurisdictional information on criminal activities is difficult to gather and evaluate due to the variety of computer and software systems used to store police information. (F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F- 9, F-10, F-11) C-2. Dispatch systems are central to any police agency. Considering this centrality, jurisdictional issues and recent investments it is not feasible to pursue a common system across the County at this time. (F-2, F-6, F-7) C-3. In order to share data across the County a networked data warehouse may be the best alternative in dealing with these disparate information systems. (F-9) C-4. In order to address information sharing across the County it is necessary to involve both Public Safety personnel as well as specialists in information and communication systems. (F-1, F-2, F-9) C-5. GPS tracking technology is available but not completely utilized. (F-5) Recommendations

F11: Crime analysts and working officers have had to depend on informal contacts to access requisite information in multiple jurisdictions in order to develop a County wide view of specific criminal activities. Conclusions C-1. In Ventura County, cross-jurisdictional information on criminal activities is difficult to gather and evaluate due to the variety of computer and software systems used to store police information. (F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F- 9, F-10, F-11) C-2. Dispatch systems are central to any police agency. Considering this centrality, jurisdictional issues and recent investments it is not feasible to pursue a common system across the County at this time. (F-2, F-6, F-7) C-3. In order to share data across the County a networked data warehouse may be the best alternative in dealing with these disparate information systems. (F-9) C-4. In order to address information sharing across the County it is necessary to involve both Public Safety personnel as well as specialists in information and communication systems. (F-1, F-2, F-9) C-5. GPS tracking technology is available but not completely utilized. (F-5)

February 05, 2003 — Ventura County Business Support Services Brown Mail & Printing Services

3 pages 17 findings 2 recommendations

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Findings & Recommendations 17 findings

F1: Some time ago (as a cost cutting effort) the County merged its printing operation with its mail handling operation. Both operations are housed at the County Services building.

F2: The mail handling system for intra-County mail and for incoming and outgoing mail external to the intra-County mail system is known as “brown mail” (brown mail).

F3: The printing system utilizes the latest in reproduction machines and is a very digitized operation. The whole system is highly automated.

F4: The printing operation utilizes digital format and can accommodate all forms of digital data (Word documents, email, hard copies through scanning, etc.). Records in digital form of what is printed for customers are kept in order to assist customers with formatting and other changes.

F5: County agencies are free to go to competing commercial providers for printing, reproduction and digital formatting services.

F6: The Business Support Services Division performs mass mailing and circular printing services on order.

F7: With respect to the two kinds of mail, intra-County mail and U.S. mail (incoming and outgoing), pickup and delivery are handled through a courier system with six (6) routes. Deliveries and pickups occur once or twice a day depending on the “contract” with the recipient of the service. The courier employees are full time County employees.

F8: With respect to intra-County mail, the mail is separated into “tubs” when brought in and then is placed in boxes labeled for each recipient client. The separated mail is then picked up by the couriers for their particular route and taken to the drop station. The mail goes in and out on a one-day basis and there is usually no backlog. However, on an unusually busy day, such as an occasional Monday, there might be a hold over of one day.

F9: Business Support Services personnel visually scan the floor every day to assure that no mail has fallen onto the floor.

F10: The same distribution system used for intra-County mail is used for incoming U.S. mail after the U.S. the mail is picked up by Business Support Services personnel at the U.S. Postal Service. Business Support Services does not wait for delivery of its mail by the U.S. Postal Service. The Postal Service has the County’s mail ready for pickup by 7:30 each morning.

F11: Collected outgoing U.S. mail is first sorted and then put through a metering machine that date stamps the mail, weighs it and assigns a stamp payment to it. Outsized (non-standard) envelopes and packages are weighed manually and are machine stamped.

F12: Due to high volume processing, brown mail items are occasionally erroneously processed as outgoing U.S. mail. This is apparently due to the item’s being packaged in standard white business envelopes.

Related Recommendations (1)

R2: Business Support Services Division periodically remind mail sorters of the most common pitfalls that may cause misclassification (C-4). Required Response: Business Support Services Division (R-1, R-2). Commendation: The Business Support Services Division, the Facilities & Materials Department and the General Services Agency, their managers and employees are to be commended for the efficient and competent manner in which they handle an enormous and complicated mail system with a minimum of delay and disruption. The County should be proud of the professionalism displayed by this Division in the performance of its duties in connection with this essential service.

F13: Outgoing U.S. mail is turned over to a contractor who bar codes each piece of mail (using specialized machinery and software) and then delivers it to the U.S. Postal Service.

F14: The outgoing U.S. mail is date stamped before it is given to the contractor. The U.S. Postal Service will not accept mail that is not postmarked the day it is received. To assure timely delivery the contractor makes three pickups each day.

F15: The use of bar coding by the contractor provides the County with a substantial reduction in the cost of the mailing.

F16: Last year over four million pieces of outgoing mail were processed. Incoming mail was not measured, but amounted to 10 to 15 “tubs” per day.

F17: Persons using County “location numbers” in mail addresses can obviate possible delays in mail delivery. This applies to both incoming U.S. mail and all intra-County mail. Conclusions: C-1. The printing function of Business Support Services is well organized, well equipped and is competitive with the commercial market (F-1, F- 3, F-4, F-5, F-6). C-2. The brown mail system is well organized and efficient in its distribution and collection functions (F-7, F-8, F-9). C-3. The collection, mailing and distribution of U.S. mail is performed with efficiency and at the lowest possible cost available (F-10, F-11, F-13,

Related Recommendations (1)

R1: The Business Support Services Division aggressively advertise to its customers the value to be had in revising all County return address

January 27, 2003 — Oak Park Public Library Construction Background: The Grand Jury received a complaint from a citizen with respect to the

3 pages 10 findings 6 recommendations

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Findings & Recommendations 10 findings

F1: There is no formal pre-qualification process for construction contracts. However, the PWA does check to see that the apparent low bid contractor has the required license for the work specified, that it is not on a State listing of debarred contractors and that the bid bond meets the criteria and standards specified in the contract documents.

Related Recommendations (1)

R1: The PWA institute a pre-qualification system to assure contractor performance capability in addition to its present practice of verifying the bonding and licensing qualifications of the contractor and its absence from a State debarred bidders list (C-1).

F2: Due to Contractor deficiencies, a split of inspection responsibilities between the Division of the State Architect (DSA) and the PWA Building Inspector and the voluntary default of the Contractor, construction has been delayed for more than a year and is not yet completed.

F3: Coordination between the DSA, represented by an employee of the OPUSD, and the County Building Inspector, an employee of the PWA, was continuous.

Related Recommendations (1)

R2: The PWA act on its expressed intention to consolidate the inspection process by qualifying to act as the DSA inspection authority as well as its present County Building Inspection authority (C-3).

F4: The Field Act, among other things, provides for mandatory pre- construction approval by the DSA of plans for construction of any school building to assure that the plans conform to State seismic standards.

F5: The DSA approved the architect’s plans for the library project as meeting all State requirements for that type of construction including the Field Act.

F6: The PWA generally kept adequate records and did not permit deviations from plans without written approval. However, when the PWA approved the use of a thru bolt to support a ledger in one location, this single approval was used for all locations resulting in thru bolts exposed on the exterior of the building.

Related Recommendations (1)

R3: The PWA exert more discipline with respect to contractor deviation from plans and enforce the limitations of those exceptions granted (C- 6).

F7: The Contractor failed to designate in its bid its masonry subcontractor and could not do the work itself as required by law and, therefore, faced a severe penalty for late designation of a subcontractor; which penalty could not legally be waived under these circumstances.

F8: The PWA, for business reasons relating to bond fulfillment and in order to expedite reprocurement, permitted the Contractor to voluntarily default the project because of the financial hardship resulting from the penalty to be imposed for late designation of a substantial subcontractor.

F9: The PWA and the bonding company are in the process of substituting a replacement contractor for the Contractor.

Related Recommendations (1)

R4: The PWA act with reasonable and responsible expedition in moving forward with the substituted construction contractor (C-5).

F10: The OPUSD perceived that it was not kept informed on a timely basis of the detailed progress of construction. Conclusions: C-1. Because of the failure to fully verify the contractor’s capabilities (pre-qualification), a contractor that could not perform the work was selected for the job (F-1). C-2. There are continuing long delays in the construction of the Oak Park Public Library (F-2). C-3. Construction of school buildings in the County would be facilitated by the PWA’s qualification to act as the DSA inspection authority (F- 2). C-4. The requirement of the Field Act for pre-construction approval of plans for the Oak Park Public Library was accomplished in accordance with State law (F-5). C-5. The PWA acted responsibly and competently in its administration of the Oak Park Public Library construction contract (F-8). C-6. The PWA should tighten its supervision of contractor performance relative to granted plan deviations. Failure to do this contributed to the perception that “the Contractor cut corners and failed to follow approved plans.” C-7. The PWA did not refuse to fire the Contractor and reprocure despite failures in performance (F-8). C-8. The PWA should have been more diligent in the timely sharing of construction status reports with the OPUSD and OPUSD should have been more assertive in gathering status information on the project (F- 10). Recommendations:

Related Recommendations (2)

R5: The PWA review its information sharing practices vis a vis its clients with a view to keeping them fully informed of the status of projects undertaken for them by the PWA (C-8).

R6: The OPUSD be more assertive in gathering status information on projects being performed for it by the PWA (C-8). Required Response: Public Works Agency (R-1, R-2, R-3, R-4, R-5). OPUSD (R-6).

January 01, 2003 — Independent Auditing within Ventura County Government

11 pages 26 findings 8 recommendations

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Findings & Recommendations 26 findings

F1: The Board of Supervisors has the fiduciary responsibility for all County government.

F2: The County Executive Officer is the Board of Supervisors’ agent in implementing the County’s internal control system.

F3: The Auditor-Controller is the Board of Supervisors’ agent for implementing an independent audit. This is discussed in Appendix C.

F4: With respect to the new auditing standard the Board of Supervisors is the head of County Government. Appendix D.

F5: In the California Government Code, the Legislature has found that it is essential to establish audit procedures that conform to Federal standards of independence and quality.

F6: In terms of full time employees, auditors represent a small fraction of the employees of the Office of the Auditor-Controller.

F7: Some of the other important business and accounting functions of the Auditor- Controller are: o Claims and Disbursing o Payroll o General Ledger o Reconciliation of Accounts o Invoices/Billing o Collections/Accounts Receivable o Accounting for Fixed Assets o Preparing the Comprehensive Annual Financial Report o Maintaining and developing the County’s Accounting System o Overhead Allocations and Cost Studies o Accounts Payable

F8: In 1981 there were 17 auditors. By 1989 there were about a dozen auditors. Currently there are six auditors.

F9: In Fiscal Year (FY) 1981-1982 the audit department performed 55 audits. In Calendar Year (CY) 1989, 35 audits were on the agenda of the Board of Supervisors. In CY 2000, seven audits were on the agenda of the Board of Supervisors.

F10: The majority of areas that internal audit would normally address are in the Auditor- Controller’s operations or areas where the Auditor-Controller sets accounting policy. 2

F11: The current structure places the Auditor-Controller in a conflicting situation when there are differences between the Controller staff and the Audit staff.

Related Recommendations (3)

R1: In order to insure that the County meets the newer standards for independent audit the Board of Supervisors establish an effective oversight mechanism to insure adequate audit resources and independence.

R2: The Grand Jury recommends the establishment of an Audit Oversight Committee reporting to the Board of Supervisors. This committee would be charged with responsibility for oversight of internal controls and independent audits within the County. It would be composed of a Chair, a Co-Chair, The Chief Executive Officer, the Auditor- Controller, the Treasurer–Tax collector as a non-voting member, and one outside member from the private sector appointed by the Board of Supervisors. The Purpose of this committee would be: A. Oversee the establishment and maintenance of the County’s internal control structure. B. Oversee the quality of financial reporting activities. C. Oversee and monitor County compliance with internal controls, pertinent laws, regulations and standards. D. Oversee the resources allocated to the internal control and internal audit functions. E. Receive regular briefings from the internal audit staff on all planned and in- process audits. F. Study the Orange County paradigm to internal audits with a view to avoiding potential audit weaknesses. G. Review the possibility of separation of the duties of Auditor-Controller. The Auditor responsibilities would return to its elected status while the Controller responsibility would report to the CEO.

R4: That, considering the current budget difficulties, the Board of Supervisors be committed to a long term process to turn around a deteriorating situation with respect to independent audits. This effort should include the following: A. Accept the responsibility for the hiring and termination of the head of the internal audit function. This position should be filled through a nation-wide competitive 5 process. To insure integrity, this position should have a severance package associated with it. B. All the positions of the internal audit function should be budgeted at the senior level. The actual placement of individuals can be at a lesser level. C. Develop a plan to improve the quality and effectiveness of the audit function through external recruitment, internal training or in contracting of outside capability.

F12: The current audit policy was last issued in 1991 and revised in 1997. It supports a collegial approach to performing the auditing process and states “.audit reports will be discussed with the auditee staff and management. At this point, the focus will be on improving operations and correcting noted deficiencies in a mutually agreed upon manner. The auditee will be given the opportunity to initiate corrective actions on any noted weaknesses."

F13: On some audits the attitude engendered by the current collegial policy has led to excessive delays between the issuance of a preliminary report and a final report.

Related Recommendations (3)

R5: That auditing policy be reviewed and revised to focus on the timeliness of audits. At a minimum the revision should require no more than a sixty day time limit for an audited department to respond to all draft audits.

R6: That draft audit findings be released to the audited organization as quickly as possible without waiting for the completion of the draft report.

R7: That the Auditor-Controller review and benchmark current audit activities against the Best Practices identified by NALGA. That a team approach be utilized for complex audits to improve the timeliness of audits. This should include peer reviews of planned and in-process audits as well as a “lessons learned” on all completed audits.

F14: Past Boards of Supervisors had members participating in an Audit Advisory Board. For the current Board of Supervisors, visibility into the audit process has been limited to the end product.

Related Recommendations (1)

F15: The value to the Board of Supervisors of some audits is limited due to the excessive time taken to complete the audits.

Related Recommendations (1)

F16: Current policy has led to the auditee having too strong an influence over the content of a final audit report.

Related Recommendations (1)

F17: Recent attempts to increase size and expertise of the audit staff have been minimally successful.

Related Recommendations (3)

R3: That the Board of Supervisors take active responsibility for internal audit resources including annual budget, staffing size, salaries and position classification. This responsibility would consider the recommendations of the Audit Oversight Committee.

F18: The audit staff, in the recent past, was seen by County agencies as not possessing the depth of expertise necessary to do performance auditing of technical functions.

Related Recommendations (3)

F19: There is no policy associated with a required response time to draft audits by audited departments. This deficiency has resulted in an inordinate time frame to complete some audits.

Related Recommendations (2)

R6: That draft audit findings be released to the audited organization as quickly as possible without waiting for the completion of the draft report.

F20: The County administrative manual contains a number of topics associated with internal controls but no explicit internal control policy and no review mechanism.

Related Recommendations (1)

R8: That the County Executive Officer develop a focused policy on internal controls which would act as the enabling policy for all County departments and that the Auditor- Controller provide the technical support and training to implement this policy. This policy would include, after an initial review, a staggered tri-annual review by the County Executive Officer of the internal controls in every County department. Responses Required Board of Supervisors (R-1, R-2, R-3, R-4) Auditor-Controller (R-2, R-5, R-6, R-7, R-8) Chief Executive Officer (R-2, R-8) 6

F21: Each department, by the nature of its activities, has a unique set of internal controls.

F22: Efficient audits of a particular activity require an objective statement of internal controls. Such objective statements are not in evidence for some departments. This deficiency can lead to disputes between auditors and management that adversely impacts the timely completion of audits.

Related Recommendations (1)

F23: Given the small size of the audit office the standard practice in the office is relatively inefficient in the following ways. A. Generally auditors work as individuals not as a team. B. There is no guidance or support provided to working auditors at the beginning of an audit. C. Feedback by middle management to the audit staff seems only to be provided after substantial effort has been expended. D. Training is limited.

Related Recommendations (1)

F24: Some audit personnel consider the integrity of their efforts compromised by multiple negotiations engendered by the “collegial” approach.

F25: Other Accounting Standards identify the critical need of the internal audit organization to report to the audit committee of an organization and not to the Auditor- Controller. Appendix E.

Related Recommendations (2)

F26: The Benchmarking and Best Practices Survey of the National Association of Local Government Auditors (NALGA) for the year 2000 determined that internal auditing activities returned savings averaging $3.36 per $1.00 spent in internal audit costs. Also, the City of San Jose determined that, from May 1985 through June 2001, $7.00 was returned for each $1.00 of internal audit costs. Conclusions C-1.The Board of Supervisors has the fiduciary responsibility to ensure the proper operation of County Government. This responsibility rests on two legs. The first leg is the development and operation of a system of internal controls. The second leg is an effective independent audit process to insure that the system of internal controls is effective. (F-1, F-2, F-3, F-4) C-2. The current structure of independent audit does not meet the independence criteria of Government Auditing Standards Amendment No. 3. There is an inherent conflict between Auditor and Controller responsibilities. (F-5, F-6, F-7, F-10, F-11, F-25) C-3. Past administrations have allowed the auditing capability to deteriorate significantly yet the size, complexity and technology of County government have increased significantly over the past ten years. (F-8, F-9, F-17, F-18) C-4. The existing internal control policies, procedures and practices and audit policies, procedures and practices need to be revised in light of the new policy on independence from the Comptroller General of the United States. (F-5, F-12, F-13, F-14, F-15, F-16, F- 19, F-23) C-5. The perceived independence of the audit process has been eroded due to the current collegial policy. (F-13, F-24) 4 C-6. There is no clear, focused policy on internal controls within the County government. (F-20, F-21, F-22) C-7. There is deficiency in oversight by the Board of Supervisors over both internal controls and independent audits. (F-14, F-15, F-17, F-20) C-8. Internal audit functions can more than pay for themselves. (F-26) Recommendations

November 06, 2002 — After School Programs in Ventura County

3 pages 8 findings 4 recommendations

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Findings & Recommendations 8 findings

F1: All Ventura County schools offer some form of after school programs. All students can participate in on-site programs that offer enrichment or improvement for no fee. There are other after school programs put together by private groups in which, for a fee, school children can participate. Transportation is available to some of the off-campus programs.

Related Recommendations (3)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

R3: Have parents and schools work together to enhance after school programs. School officials and parents must make sure that no student is left out of any programs because of their inability to pay.

F2: The Ventura County programs may be categorized according to numbers of children served, teacher involvement, hours of operation, type of enrollment, fee or no fee and other sources of funding. The hours are set up around the school day. Programs take place before or after school. The program can have formal enrollment or drop-ins. An example of the drop-in type is Haydock Expanding Horizons after school program. This program offers Drama, Performing Arts or Shakespeare and fun. You must follow the rules and do all of your homework. The schools run some programs, and the teachers or aides organize and run other programs. These programs are usually no fee programs. If the community runs the program, a fee will be charged to cover the facility, employees and supplies needed to run the program. It appears that every day offers an opportunity to be involved in an after school program. There are a variety of programs in which a student may take part. Programs such as sports, music, tutoring, advanced studies, arts and crafts, cheerleading and childcare are just some of those offered after school. There is excellent security at each program.

Related Recommendations (2)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

F3: The after school programs include both boys and girls of various school ages. The programs are age specific, meaning the grade and age determine the program design and participation. Teachers involved are volunteers. Some programs are ongoing and others are for limited dates. Some programs are funded by grants and others by various organizations. Some programs continue into the summer months. Specifically, programs run by the Boys and Girls Clubs and the YMCAs continue during the summer months. A fee may be charged for some programs, such as chess, but not other programs. Scholarships and special arrangements are made for needy children.

Related Recommendations (2)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

F4: Language classes are offered to migrant students and their parents. This is an after school program that is offered in one of the schools that has a large migrant population. The program is federally funded specifically for this purpose. The program is considered for “at risk” children and their families. The focus of the program is English language and reading. There are other schools that need language programs for similar populations.

Related Recommendations (2)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

F5: Another contributor to after school programs is the Ventura County Parks and Recreation Department. Boys and Girls Clubs, Kindercare and Kids Connection are all off-campus organizations that offer programs. These programs are offered on a sliding scale based on finances/need. All school children are made aware of after school programs at the beginning of the school year.

Related Recommendations (3)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

R3: Have parents and schools work together to enhance after school programs. School officials and parents must make sure that no student is left out of any programs because of their inability to pay.

F6: There is a Police Activities League (PAL) program offered by the Ventura County Sheriff. Some PAL programs have been cancelled.

Related Recommendations (1)

R4: Recommend PAL programs be reinstated where they have been cancelled. Commendations The 2002-2003 Ventura County Grand Jury commends the Ventura County Parks and Recreation Department and the Schools of Ventura County on the many enhancement and enrichment programs offered to the students after school. The 2002-2003 Ventura County Grand Jury commends the Ventura County Superintendent of Schools Office for facilitating conducting a survey of after school programs throughout the county schools. The 2002-2003 Ventura County Grand Jury commends the Boys and Girls Clubs and the YMCAs of Camarillo, Port Hueneme, Simi Valley and Oxnard. Response Required Ventura County Sheriff (R-4)

F7: The Boys and Girls Clubs and the YMCAs are located in most of the communities and offer a daily program for a fee for children of all ages. They offer computer classes, homework help, arts and crafts, theater, swimming and a plethora of other activities.

Related Recommendations (2)

R1: Continue the programs that are in place.

R2: Periodically reevaluate programs to insure they continue to meet the needs of the students and to anticipate the foreseeable needs of the future.

F8: As of November 6, 2002, according to the information received from the Ventura County Superintendent of Schools Office, there are 128 schools offering some type of after school program with an estimated 10,660 participants. Conclusions C-1. There is a plethora of after school programs offered to the school children of Ventura County. Some communities have more programs available than other communities. C-2. Transportation is being offered for some programs that are offered off school campus. C-3. Programs are offered for students who need tutoring as well as for those participating in advanced studies. C-4. There are additional schools in Ventura County that would benefit from the availability of after school language programs for students who are learning English. C-5. Sports programs are offered for students who wish to participate in football, basketball, hockey, swimming and other sports activities. C-6. Programs offer scholarships, flexible payments and waived payments based on need. No child is denied admittance to after school participation due to the parent’s ability to pay. Recommendations

June 30, 2002 — Ventura County Sheriff’s Department Inmate Welfare Fund

5 pages 22 findings 5 recommendations

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Findings & Recommendations 22 findings

F1: The Sheriff of Ventura County established and has maintained an IWF in accordance with California law. See, Attachment A.

F2: Money deposited in the IWF is required to be spent primarily for the benefit, education and welfare of inmates confined in the jail.

F3: The Sheriff has wide discretion in selecting programs for the welfare of inmates.

F4: Among other things, funds not needed for the welfare of inmates may be spent for salary and benefits for personnel employed in programs to benefit prisoners.

F5: Ventura County Sheriff IWF programs include education (General Educational Development and English as a Second Language) substance abuse recovery, parenting, anger management, health counseling, vocational training (print shop and computer repair), outplacement, library services (including magazines, etc.) and recreational materials (sports equipment, games, etc.).

F6: Grand Jury site visits verified that the programs are in place and are being provided.

F7: The family and educational programs at the Ojai Women’s Facility appear to be particularly well designed to effect family rehabilitation.

F8: Personnel delivering services are well trained, well qualified and dedicated to their work.

F9: There are some indications that several educational programs may be curtailed in light of the County’s present financial condition.

Related Recommendations (1)

R5: That, in so far as is feasible with IWF resources, the educational services at the Todd Road Jail and the Ojai Women’s Facility be maintained at their present level or increased. Required responses Ventura County Sheriff (R-1-5) Commendations The Sheriff is commended for establishing and maintaining a high quality IWF and program. The officials supervising the administration of the Sheriff’s IWF, the administrative personnel in the field administering the fund and personnel delivering the services to the inmates are all deserving of high praise for their diligence in the performance of this duty and their dedication to achievement of the purposes of the IWF. Attachment A Inmate Welfare Funds (Includes 2002 changes from Senate Bill No. 1481, underscored) 4025. (a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users' supplies, postage and writing materials, and toilet articles and supplies and [deletes “to”]sell these goods, articles, and supplies for cash to inmates in the jail. (b) The sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in an inmate welfare fund to be kept in the treasury of the county. (c) There shall also be deposited in the inmate welfare fund 10 percent of all gross sales of inmate hobbycraft. (d) There shall be deposited in the inmate welfare fund any money, refund, rebate, or commission received from a telephone company or pay telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones which are primarily used by inmates while incarcerated. (e) The money and property deposited in the inmate welfare fund shall be expended by the sheriff primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of the inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, including, but not limited to, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the sheriff. Inmate welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses, except that inmate welfare funds may be used to augment those required county expenses as determined by the sheriff to be in the best interests of inmates. An itemized report of these expenditures shall be submitted annually to the board of supervisors. (f) The operation of a store within any other county adult detention facility which is not under the jurisdiction of the sheriff shall be governed by the provisions of this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff. (g) The operation of a store within any city adult detention facility shall be governed by the provisions of this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials. (h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the inmate welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the inmate welfare fund. (i) The sheriff may expend money from the inmate welfare fund to provide indigent inmates, prior to release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, with essential clothing and transportation expenses within the county or, at the discretion of the sheriff, transportation to the inmate's county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the inmate welfare fund for the transfer of any inmate to the custody of any other law enforcement official or jurisdiction. 4026. The sheriff or other officer in charge of a county or city jail may provide for the manufacture of small articles of handiwork by prisoners out of raw materials purchased by the prisoners with their own funds or funds borrowed from the inmate welfare fund, which articles may be sold to the public at the county or city jails, in public buildings, at fairs, or on property operated by nonprofit associations. County- or city-owned property shall not be sold or given to prisoners for use under this section, except as expressly permitted by this section. The sheriff or other officer in charge shall comply with subdivision (c) of Section 4025 and provide that the balance of the sale price of the articles be deposited to the account of the prisoner manufacturing the article after repaying the inmate welfare fund any amount borrowed.

F10: IWF money may be used, and is being used, to assist indigent inmates upon release including essential clothing and transportation to the inmate’s home county, if that county is within 500 miles of the release point.

F11: IWF funds may not be spent for required County expenses of confining inmates (meals, clothing, housing, medical treatment).

F12: The Sheriff may augment required County expenses when he determines it to be in the best interest of the inmates.

F13: Augmentation with respect to mental health issues is taking place and is being appropriately applied.

F14: The IWF is managed by the Sheriff’s “Inmate Welfare Committee” composed of six persons including the Sheriff, or his designee, and Department personnel most closely associated with confinement management and one member-at-large, subject to the Sheriff’s approval.

F15: The IWF Committee Policies and Procedures call for a biennial outside audit of the finances and operational aspects of the Commissary to be submitted to the Board of Supervisors, for information only, and to the public and inmate population on request.

F16: The IWF Committee Policies and Procedures are clear, concise and mostly comprehensive.

F17: Subsequent to booking all inmate phone calls must be made collect since inmates are not permitted to possess cash and there is no economically feasible way to accommodate some other method of administering inmate phone calls in confinement facilities.

F18: Telephone stations for inmate calls are conveniently located and are in adequate supply.

F19: The IWF is wholly funded from operation of the Inmate Commissary and from inmate collect phone surcharge revenue.

F20: The Inmate Commissary is well stocked with appropriate items and the ordering and accounting system for inmates is adequate and efficient.

F21: The Sheriff submits an annual, itemized, for information only report of IWF expenditures to the Board of Supervisors.

F22: The IWF is deposited in the Treasury of the County and is subject to its internal controls. Conclusions C-1. The Ventura County Sheriff’s IWF is well managed and operated in accordance with California law. (F-1, 6, 7, 9, 12-15, 17, 19-21) C-2. The Policies and Procedures of the Sheriff’s IWF Committee are clear, concise and comprehensive but can be improved by adding certain procedural details. (F-13-15, 20) C-3. The Sheriff’s report is comprehensive and made in adequate detail to cover the entire IWF program. (F-21) C-4. Program administrative and executing personnel appear to be competent and dedicated to their work. (F-7, 13, 19) C-5. The financial administration of the IWF is well thought out and appropriate controls are in place. (F-13, 14, 18, 20, 21) C-6. With the sole exception of the California Rehabilitation Center at Norco, California, inmate rehabilitation programs in Ventura County are superior to like programs at similar institutions visited by the Grand Jury outside of Ventura County. (F-5, 6, 7) C-7. Programs designed for women inmates at the Ojai Women’s Facility and particularly those for mothers and families appear to have the most promise for lasting rehabilitation of those inmates. (F-5, 6, 7) Recommendations

Additional Recommendations 4

Not linked to specific findings.

R1: That the Policies and Procedures of the Sheriff’s IWF Committee be amended to require biannual meetings of the Committee as a minimum.

R2: That the Policies and Procedures of the Sheriff’s IWF Committee be amended to require that prior to any scheduled Committee meeting an agenda be determined and published for the Committee.

R3: That the Policies and Procedures of the Sheriff’s IWF Committee be amended to require that minutes of Committee meetings be taken and recorded as a matter of official Committee record.

R4: That the biennial audits performed on the IWF for the Sheriff include review of the minutes of the previous biannual meetings.

February 26, 2002 — Ventura County Casitas Municipal Water District

2 pages 8 findings

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Findings & Recommendations 8 findings

F1: CEQA outlines a 3-phase process to consider and mitigate environmental impacts for construction projects. The first phase requires the public agency to review CEQA exemption categories and determine whether the project is exempt under CEQA. The second phase involves filing a public notice, if that option is chosen. The third phase involves preparation of a Negative Mitigating Declaration (NMD) or Environmental Impact Report, as appropriate, if the project is not categorically exempt.

F2: CEQA states that its intended purpose is neither to lengthen the approval process for projects nor to require unnecessary documentation and paperwork, but rather to expedite and clarify approval.

F3: The District found that the Facility was exempt from CEQA under more than one CEQA category. No further action was required under CEQA following the exemption finding by the District. Legal challenges could have been brought following this finding.

F4: CEQA states the following: "The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from the California Environmental Quality Act. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply."

F5: The District chose the alternative of filing a Notice of Exemption from CEQA. As required it was filed with the Ventura County Clerk. The County Clerk posted it on February 26, 2002. The District also filed a Notice of Exemption with the California Office of Planning and Research.

F6: No legal challenge was brought within the 35 days following the posting or at any time up to the present. The statute of limitations for legal challenges to CEQA exemption expired in April 2002.

F7: Since this project was categorically exempt under CEQA, and not required to prepare a NMD, the NMD was prepared as a gesture of good will to community groups that had raised environmental concerns. It described potential environmental impacts of the Facility, as well as the duration and mitigating actions for any impacts. The NMD was published and public meetings were held.

F8: The Bureau spoke with the Grand Jury regarding the District's management of federal lands for the recreational development of Lake Casitas. Constituent service staff employees, for both Senator Feinstein and Representative Gallegly, have contacted the Bureau. The Bureau has requested that Facility construction stop pending Bureau review. Conclusions C-1. The District complied fully with CEQA for the Facility project. (F-1 through F-7) C-2. The statute of limitations for legal challenges to CEQA exemption for the Facility has expired and no legal challenges have been brought. (F-5 and F-6) C-3. The Bureau of the Department of the Interior is providing oversight of the recreational development of federal lands being managed by the District. (F-8) Commendation The Casitas Municipal Water District is commended for their full and complete compliance with the California Environmental Quality Act for the Lake Casitas Alternative Swimming Facility project. They have shown sensitivity to the community by holding many public meetings and working with community organizations known to have concerns about the project.

Ventura County Behavioral Health Agency Housing for Adults with Severe and Persistent Mental Illness

10 pages 27 findings 8 recommendations

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Findings & Recommendations 27 findings

F1: The L/P/S Act passed by the California legislature in 1968 had an enormous impact on housing for mentally ill adults. California lost tens of thousands of hospital placements for the mentally ill. (See Addendum A)

F2: According to the Ventura County Sheriff’s Department Program Manager for the Mentally Ill, Director for Psychiatric Medications, in December 2002, 37% of adult female inmates and 14% of adult male inmates in Ventura County jails were administered psychiatric medications while incarcerated. An additional number of inmates refused psychiatric medications. (See Addendum A)

F3: The County jails are the largest single provider of housing for the mentally ill in Ventura County. (See Addendum A)

F4: Command, management and rank-and-file law enforcement personnel discussed the change in law enforcement’s role in terms of the closure of most California State Mental Hospitals and the lack of other housing for the mentally ill.

F5: Sheriff's deputies do their best but not all are trained to be the caretakers of the mentally ill. The Sheriff's department also coordinates with the Crisis Intervention Team to apprehend mentally ill adults who are possible threats to themselves or another.

Related Recommendations (1)

R7: That a study be made of the Crisis Team's responsiveness to the site and its ability and willingness to provide other than predominantly criminal justice services to the mentally ill patient. (See Addendum B)

F6: There are policies for jail release and jail diversion for mentally ill adults, but they are not always applied due to constraints of time and resources.

Related Recommendations (1)

R8: That the Sheriff's Department and Behavioral Health implement a consistent policy for releasing persons with mental illness from the County Jail. (See Addendum B) Commendations The 2002-2003 Ventura County Grand Jury commends those throughout the community organizations, family organizations and County agencies who struggle daily with housing for adults with severe and persistent mental illness. Required Responses: Ventura County Behavioral Health (R-1 through R-8) Ventura County Sheriff's Department (R-3, R-4, R-7, R-8) Ventura County Board of Supervisors (R-3, R-4, R-5, R-6) 6 Addendum A Supporting Material for Specified Findings

F7: Statistics gathered by the 2001-2002 Grand Jury from the Ventura County District Attorney, indicate about half of all officer-involved shootings in Ventura County in recent years involved a mentally ill adult. 2

F8: Ventura County mentally ill adults are frequently released from the In-Patient Psychiatric Unit with only the address of a homeless shelter given to them by Behavioral Health as “housing.” (See Addendum A)

F9: Many mentally ill adults released from the In-Patient Psychiatric Unit, never arrive at the shelter.

F10: Severe and persistent mental illness is a condition with periods of crisis and Ventura County has no crisis or respite facility where a mentally ill adult may come for temporary residential care when they are below the legal threshold for a 72-hour voluntary or involuntary hold at the In Patient Psychiatric Unit, Hillmont Hospital. (See Addendum A) F11. According to the Chief Mental Health Services Administrator for Adults and the subordinate Administrators for Adult Mental Health Services, in Ventura County between 30 % and 70 % of middle-aged mentally ill adults live with an elderly parent. These figures vary depending on the community. (See Addendum A)

Related Recommendations (2)

R3: That Ventura County develop a locked facility within the County capable of long- term care for patients requiring it. (See Addendum B)

R6: That Ventura County develop a respite house or crisis house.

F11: According to the Chief Mental Health Services Administrator for Adults and the subordinate Administrators for Adult Mental Health Services, in Ventura County between 30 % and 70 % of middle-aged mentally ill adults live with an elderly parent. These figures vary depending on the community. (See Addendum A) F-12. The Behavioral Health Adult Clinics stated to the Grand Jury that very few mentally ill adults between ages 18 and 64 years in Ventura County are transitioned to the mentally ill senior’s programs at 65. F-13. Ventura County has an estimated 11,960 adults with a severe and persistent mental illness. (See Addendum A) F-14. The Housing Gaps Analysis 2000 led to the development of the Five Year Plan. F-15. The Five Year Plan was designed to develop 500 new licensed/approved housing opportunities by the year 2006 and close a housing gap that was estimated to be at least 1,000 and growing. F-16. The Five Year Plan presents milestones for each of the five years. The County is now in the third year of the Five Year Plan. None of the overall numerical goals for additional ready-to-occupy housing have been met. F-17. Santa Barbara and Kern Counties have over 150 beds per 100,000 of population for mentally ill adults compared to Ventura County’s less than 40 beds per 100,000 of population. F-18. Santa Barbara County’s median household income, $46,677, and Kern County's median household income, $35,446, are far below Ventura County's median household income, $59,666. F-19. Santa Barbara and Kern Counties provide substantially more housing and residential care for mentally ill adults than Ventura County. F-20. An unknown number of mentally ill adults live in motel rooms, rented rooms, etc. and are intermittently homeless. F-21. Other adults with a severe and persistent mental illness are continually homeless and employ strategies such as living in abandoned buildings or covered bins. F-22. Most of these strategies bring the mentally ill adult into frequent police contact and possible incarceration. F-23. Presently there are fewer licensed board and care homes and board and care placements for mentally ill adults than when the Five Year Plan was prepared. (See Addendum A) F-24. Ventura County has 27 fewer board and care placements than three years ago occupied by adults with severe and persistent mental illness. (See Addendum A) F-25. Placements by Behavioral Health for adults between ages 18 and 64 with severe and persistent mental illness in semi-independent homes have decreased from 17 in 2000 to 11 in 2003. F-26. The former in-patient facility at Hillmont Avenue is now planned to house 15 adults in a rehabilitative setting after renovation. The Five Year Plan called for housing 34 adults in the facility. F-27. Adults between 18 and 64 years of age have the greatest difficulty obtaining funding and therefore services, housing, medication, etc. Conclusions C-1. Ventura County housing placements and residential treatment for adults ages 18 to 64 years with severe and persistent mental illness appear to be critically insufficient. (F1 through F-27) C-2. California law places the responsibility for residential treatment of adults with severe and persistent mental illness with each County. (F-1) C-3. Following closure of most state mental hospitals, an adequate system of community residential treatment for the mentally ill was not developed in Ventura County. (F-1 through F-27) C-4. Ventura County lags behind other smaller and/or poorer counties in providing residential care for mentally ill adults. (F-17 through F-19) C-5. In Ventura County the final destination of the mentally ill tends to be the criminal justice system. (F-2 through F-6 and F-22) C-6. In the criminal justice system the costs are greater, the treatment setting is inappropriate and there is a substantial probability the mentally ill adult will be returned to the community and cycle through the criminal justice system again. (F-2 through F-6 and F-22) C-7. The County jails are the largest single provider of housing for adults with severe and persistent mental illness in Ventura County. (F-2 through F-6 and F-22) C-8. Encountering mentally ill adults, responding to citizen complaints, arresting, transporting to in-patient facilities for psychiatric evaluation, incarcerating, processing, feeding, housing, treating and guarding mentally ill adults is costing the law enforcement agencies of Ventura County millions of dollars annually. (F-2 through F-6 and F-22) C-9. Current jail diversion programs for the mentally ill don’t adequately take into account the need for residential care with treatment of the mentally ill offender. (F-2 through F-6 and F-22) 4 C-10. The mentally ill are being released from Ventura County jails without regard to time of day, mental condition and notification of caseworker or family. (F-6) C-11. The Crisis Intervention Team’s training of police officers and sheriff deputies is very helpful. (F-5) C-12. The presence of police officers in a person’s home often escalates the mentally ill person’s fears and symptoms, results in stigma and has led to tragedies. (F-4 through F-7 and F-22) C-13. Ventura County is losing board and care homes, and now has only 13 licensed board and care homes remaining for adults between ages 18 and 64 with severe and persistent mental illness. (F-1 through F-3 and F-16 through F-27) C-14. Ventura County has a net total of placements for adults with severe and persistent mental illness that is about the same as in the year 2000. (F-23 and F-24, and Addendum A: F-23 and F-24) C-15. The additional placements at Villa Calleguas and Esseff Apartments have been completely offset by the losses in board and care beds and semi-independent homes. (F- 24 and Addendum A: F-24) C16. In Ventura County there are 27 fewer board and care placements for mentally ill adults than three years ago, rather than the planned increase of 72. (F-23 and F-24) C-17. The number of adults with severe and persistent mental illness is estimated to have grown to approximately 11,960, most of whom are possibly indigent or extremely low income. (F-13 and Addendum A: F-13) C-18. Mental illness is a cyclical disease and a place to go voluntarily in a time of crisis below the homicidal/suicidal criteria for County hospitalization is needed. (F-1, F-2, F-6, F-7, F-10, F-20 through F-22 and F-27) RECOMMENDATONS R-1. The Ventura County Behavioral Health Department should take a strong leadership role in promoting group homes and reversing the loss of board and care homes that has occurred in Ventura County. R-2. The Ventura County Behavioral Health Department should research the success in housing for the mentally ill in Santa Barbara and Kern Counties and provide leadership to replicate that success in Ventura County. R-3. That Ventura County develop a locked facility within the County capable of long- term care for patients requiring it. (See Addendum B) R-4. That Ventura County bring together a Demonstration Project Team comprised of stakeholders including Behavioral Health, the Sheriff’s Department, family organizations, and the Ventura County Mental Health Board to develop an in-custody diversion program with residential care for mentally ill adults accused of minor crimes such as loitering, vagrancy, public nuisance, etc. (See Addendum B) 5 R-5. That Ventura County proceed with the development of the Lewis Road site as called for in the Ventura County Behavioral Health Department Five Year Strategic Housing Plan 2001-2006. (See Addendum B) R-6. That Ventura County develop a respite house or crisis house. R-7. That a study be made of the Crisis Team's responsiveness to the site and its ability and willingness to provide other than predominantly criminal justice services to the mentally ill patient. (See Addendum B) R-8. That the Sheriff's Department and Behavioral Health implement a consistent policy for releasing persons with mental illness from the County Jail. (See Addendum B) Commendations The 2002-2003 Ventura County Grand Jury commends those throughout the community organizations, family organizations and County agencies who struggle daily with housing for adults with severe and persistent mental illness. Required Responses: Ventura County Behavioral Health (R-1 through R-8) Ventura County Sheriff's Department (R-3, R-4, R-7, R-8) Ventura County Board of Supervisors (R-3, R-4, R-5, R-6) 6 Addendum A Supporting Material for Specified Findings F-1. According to Little Hoover Commission Report 2000 the California Department of Mental Health has less than 5,000-licensed state mental hospital beds remaining of the approximately 40,000 beds before passage of the L/P/S Act. The responsibility for housing the mentally ill was transferred from the State to each county in the L/P/S Act as follows: Welfare and Institutions Code 5670: "(a) It is the intent of the legislature to encourage the development of a system of residential treatment programs in every county which provides a range of alternatives to institutional care based on the principles of residential, community- based treatment. (b) It is further the intent of the Legislature that community residential mental health programs in the State of California be developed in accordance with the guidelines and principles set forth in this chapter. To this end, counties may implement community residential treatment system described in this chapter either with available county allocations, or as new money becomes available." [Emphasis supplied.] F-2. The percentages were derived from the total number of inmates and the number of inmates administered psychiatric medications in December 2002 as supplied to the Grand Jury by the Sheriff’s Department Program Manager for the Mentally Ill, Director for Psychiatric Medications. F-3. Housing-through-incarceration is more expensive than any other setting for mentally ill adults. Incarcerating and treating a mentally ill adult costs approximately $50,000 per year (Little Hoover Commission Report 2000.) Rehabilitative housing in Las Posadas, currently offering comprehensive care, costs Ventura County $28,000 per year, per client (Las Posadas). Board and care housing for mentally ill adults is paid for by Supplemental Security Income (SSI) and Medicare at the rate of approximately $800.00 per month or less than $10,000 per year, per client (Behavioral Health). F-8. According to the In-Patient Psychiatric Unit, Hillmont Hospital Administration as well as client and family interviews: after a 72-hour voluntary or involuntary psychiatric hold for being homicidal or suicidal (likely to harm/kill oneself or another), the patient is released, often to curbside. The client may be given the address of a homeless shelter as “housing”. The homeless shelter may be miles away; the patient may have no transportation and be confused. No transportation to the shelter is arranged. The Unit administration is aware that many never arrive at the shelter. F-10. The criteria for instituting a 72-hour voluntary or involuntary hold is that the subject must be judged to be a “danger to themselves or others.” After such an evaluation, law enforcement and the Crisis Team are permitted to take action. When this criteria is met the person may be admitted to the In Patient Psychiatric Unit, Hillmont Hospital either voluntarily or involuntarily. The In-Patient Psychiatric Unit, Hillmont Hospital is often filled to legal capacity. Therefore, when a new patient is admitted the staff must review other patients to see whom they may discharge. The staff has only a few hours to bring the patient load down to the legal limit. F-11. Regarding the 30 % to 70 % of mentally ill adults who live with an elderly parent: the Behavioral Health Housing Program Manager advises parents to set up a Special Needs Trust to benefit their mentally ill adult child. Few of the elderly parents have the assets to protect their offspring beyond the parental lifetime. When the elderly parent dies, the mentally ill adult may be bereaved, homeless and alone simultaneously. F-13. According to the Little Hoover Commission Report 2000, 2.6% of adults have a severe and persistent mental illness. The County has a population of 460,000 adults between ages 18 and 64 years out of a total County population of 770,000 (2000 Census). Application of this measure to the County adult population results in an estimate of 11,960 adults in Ventura County with severe and persistent mental illness. The majority of adults with severe and persistent mental illness are indigent or extremely low income (Behavioral Health). F-23. At the time the Five Year Plan was developed there were 18 licensed board and care homes housing 211 mentally ill adults in Ventura County. In the update provided to the Grand Jury in January 2003, by Behavioral Health, there were 13 licensed board and care homes, housing 184 mentally ill adults in Ventura County. F-24. Ventura County has 27 fewer board and care placements than three years ago occupied by adults with severe and persistent mental illness. Instead of the 256 beds planned by 2003 in the Five Year Plan, there are 184 according to updated figures provided to the Grand Jury by Behavioral Health. There are 112 fewer board and care placements than planned by the beginning of the year 2006 for adults between ages 18 and 64 with severe and persistent mental illness in the Five Year Plan. Note: Each bed and facility in the updated census was reviewed by the Grand Jury with the Behavioral Health Program Manager for Housing, and verified as being occupied by a mentally ill adult between ages 18 and 64 years in order to make the comparison with the Five Year Plan. The Five Year Plan called for 256 licensed board and care beds by 2003 as follows: Twelve (12) beds added in year one of the plan, 18 in year two and 15 in year three, above the 2000 base of 211 beds. Fifteen (15) additional beds added in year four and an additional 15 beds in year five, for a planned total of 286 by 2006. Ventura County currently has only 184 board and care beds for mentally ill adults under age 65 years (daily census varies slightly). Some units of housing for mentally ill adults have opened. Villa Calleguas Apartments opened housing 23 adults, and Esseff Village provides placements for 10 adults. United States Department of Housing and Urban Development (HUD) vouchers have increased slightly. Other housing for adults with severe and persistent mental illness is planned. However, the largest amount planned in the Five Year Plan, 350 placements funded primarily with new state money, is now considered moot. Other planned development, rehabilitation and new construction include 13 placements at Warwick Apartments, four placements at Hacienda de Feliz, and 14 placements at Casa de Paz. Addendum B Additional Information for Specified Recommendations R-3. This facility would allow Ventura County residents who would be sent out of the County for care, at County expense, to be cared for within the County. Possible sites include the Ojai Honor Farm and the Anacapa Hospital site. R-4. These diversion programs could make use of a secure facility with greater family visitation allowed and other provisions as developed by the team. The objective would be diversion to housing and care rather than continual cycling through County custody. Possible sites include the Ojai Honor Farm and Anacapa Hospital. R-5. This includes Villa Calleguas II that will house 23 mentally ill adults, Los Posadas II that will provide rehabilitative residential care for 30 mentally ill adults, and additional approved HUD subsidized housing for mentally ill adults. These projects will house only modest numbers and are severely needed. They should go forward at the earliest possible time. R-7. Data should be collected and compared to other similar jurisdictions to determine whether the Crisis Team is appropriatly utilizing law enforcement assistance. R-8. Prior to release, Behavioral Health would be notified and have a case worker present to facilitate the mentally ill released person reconnecting with family or housing and mental health services. 10

F12: The Behavioral Health Adult Clinics stated to the Grand Jury that very few mentally ill adults between ages 18 and 64 years in Ventura County are transitioned to the mentally ill senior’s programs at 65.

F13: Ventura County has an estimated 11,960 adults with a severe and persistent mental illness. (See Addendum A)

F14: The Housing Gaps Analysis 2000 led to the development of the Five Year Plan.

F15: The Five Year Plan was designed to develop 500 new licensed/approved housing opportunities by the year 2006 and close a housing gap that was estimated to be at least 1,000 and growing.

F16: The Five Year Plan presents milestones for each of the five years. The County is now in the third year of the Five Year Plan. None of the overall numerical goals for additional ready-to-occupy housing have been met.

Related Recommendations (1)

R5: That Ventura County proceed with the development of the Lewis Road site as called for in the Ventura County Behavioral Health Department Five Year Strategic Housing Plan 2001-2006. (See Addendum B)

F17: Santa Barbara and Kern Counties have over 150 beds per 100,000 of population for mentally ill adults compared to Ventura County’s less than 40 beds per 100,000 of population.

Related Recommendations (1)

R2: The Ventura County Behavioral Health Department should research the success in housing for the mentally ill in Santa Barbara and Kern Counties and provide leadership to replicate that success in Ventura County.

F18: Santa Barbara County’s median household income, $46,677, and Kern County's median household income, $35,446, are far below Ventura County's median household income, $59,666.

F19: Santa Barbara and Kern Counties provide substantially more housing and residential care for mentally ill adults than Ventura County.

Related Recommendations (1)

F20: An unknown number of mentally ill adults live in motel rooms, rented rooms, etc. and are intermittently homeless.

F21: Other adults with a severe and persistent mental illness are continually homeless and employ strategies such as living in abandoned buildings or covered bins.

F22: Most of these strategies bring the mentally ill adult into frequent police contact and possible incarceration. 3

Related Recommendations (1)

R4: That Ventura County bring together a Demonstration Project Team comprised of stakeholders including Behavioral Health, the Sheriff’s Department, family organizations, and the Ventura County Mental Health Board to develop an in-custody diversion program with residential care for mentally ill adults accused of minor crimes such as loitering, vagrancy, public nuisance, etc. (See Addendum B) 5

F23: Presently there are fewer licensed board and care homes and board and care placements for mentally ill adults than when the Five Year Plan was prepared. (See Addendum A)

Related Recommendations (1)

R1: The Ventura County Behavioral Health Department should take a strong leadership role in promoting group homes and reversing the loss of board and care homes that has occurred in Ventura County.

F24: Ventura County has 27 fewer board and care placements than three years ago occupied by adults with severe and persistent mental illness. (See Addendum A)

Related Recommendations (1)

R1: The Ventura County Behavioral Health Department should take a strong leadership role in promoting group homes and reversing the loss of board and care homes that has occurred in Ventura County.

F25: Placements by Behavioral Health for adults between ages 18 and 64 with severe and persistent mental illness in semi-independent homes have decreased from 17 in 2000 to 11 in 2003.

F26: The former in-patient facility at Hillmont Avenue is now planned to house 15 adults in a rehabilitative setting after renovation. The Five Year Plan called for housing 34 adults in the facility.

F27: Adults between 18 and 64 years of age have the greatest difficulty obtaining funding and therefore services, housing, medication, etc. Conclusions C-1. Ventura County housing placements and residential treatment for adults ages 18 to 64 years with severe and persistent mental illness appear to be critically insufficient. (F1 through F-27) C-2. California law places the responsibility for residential treatment of adults with severe and persistent mental illness with each County. (F-1) C-3. Following closure of most state mental hospitals, an adequate system of community residential treatment for the mentally ill was not developed in Ventura County. (F-1 through F-27) C-4. Ventura County lags behind other smaller and/or poorer counties in providing residential care for mentally ill adults. (F-17 through F-19) C-5. In Ventura County the final destination of the mentally ill tends to be the criminal justice system. (F-2 through F-6 and F-22) C-6. In the criminal justice system the costs are greater, the treatment setting is inappropriate and there is a substantial probability the mentally ill adult will be returned to the community and cycle through the criminal justice system again. (F-2 through F-6 and F-22) C-7. The County jails are the largest single provider of housing for adults with severe and persistent mental illness in Ventura County. (F-2 through F-6 and F-22) C-8. Encountering mentally ill adults, responding to citizen complaints, arresting, transporting to in-patient facilities for psychiatric evaluation, incarcerating, processing, feeding, housing, treating and guarding mentally ill adults is costing the law enforcement agencies of Ventura County millions of dollars annually. (F-2 through F-6 and F-22) C-9. Current jail diversion programs for the mentally ill don’t adequately take into account the need for residential care with treatment of the mentally ill offender. (F-2 through F-6 and F-22) 4 C-10. The mentally ill are being released from Ventura County jails without regard to time of day, mental condition and notification of caseworker or family. (F-6) C-11. The Crisis Intervention Team’s training of police officers and sheriff deputies is very helpful. (F-5) C-12. The presence of police officers in a person’s home often escalates the mentally ill person’s fears and symptoms, results in stigma and has led to tragedies. (F-4 through F-7 and F-22) C-13. Ventura County is losing board and care homes, and now has only 13 licensed board and care homes remaining for adults between ages 18 and 64 with severe and persistent mental illness. (F-1 through F-3 and F-16 through F-27) C-14. Ventura County has a net total of placements for adults with severe and persistent mental illness that is about the same as in the year 2000. (F-23 and F-24, and Addendum A: F-23 and F-24) C-15. The additional placements at Villa Calleguas and Esseff Apartments have been completely offset by the losses in board and care beds and semi-independent homes. (F- 24 and Addendum A: F-24) C16. In Ventura County there are 27 fewer board and care placements for mentally ill adults than three years ago, rather than the planned increase of 72. (F-23 and F-24) C-17. The number of adults with severe and persistent mental illness is estimated to have grown to approximately 11,960, most of whom are possibly indigent or extremely low income. (F-13 and Addendum A: F-13) C-18. Mental illness is a cyclical disease and a place to go voluntarily in a time of crisis below the homicidal/suicidal criteria for County hospitalization is needed. (F-1, F-2, F-6,

River Ridge Golf Course Background: The Grand Jury received several detailed Citizen Complaints questioning

15 pages 91 findings 16 recommendations

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Findings & Recommendations 91 findings

F1: High Tide and Green Grass, Inc. filed for incorporation with the Secretary of State of California on November 24, 1993.

F2: The Original Agreement between the City and High Tide states at subparagraph 2.a. that “City hereby grants to Operator an exclusive contract to operate, maintain and manage the Golf Course for a period of five (5) years, beginning December 1, 1993…”

Related Recommendations (2)

R7: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after opening the venture up to competition from other potential managers in addition to High Tide.

R10: That the City Council require open competition for award of any follow- on River Ridge Golf Course management contract.

F3: Under Article 2.a. of that Agreement the full term of the contract was stated to be for five (5) years with the “opportunity to request renewal…” of the Agreement for two additional terms of ten (10) years each.

Related Recommendations (2)

R7: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after opening the venture up to competition from other potential managers in addition to High Tide.

R10: That the City Council require open competition for award of any follow- on River Ridge Golf Course management contract.

F4: The Second Agreement was agreed upon and came into effect on December 15, 1998. 1

F5: Article 3.a. of the Second Agreement grants Operator the exclusive right to operate, manage and maintain the Golf Course for ten (10) years and seven (7) months ending June 30, 2009.

Related Recommendations (2)

R7: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after opening the venture up to competition from other potential managers in addition to High Tide.

R10: That the City Council require open competition for award of any follow- on River Ridge Golf Course management contract.

F6: Article 3.b. gives the Operator “an opportunity to request [within a stipulated time period] extension of this Agreement for an additional ten years…” until June 30, 2019.

Related Recommendations (2)

R7: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after opening the venture up to competition from other potential managers in addition to High Tide.

R10: That the City Council require open competition for award of any follow- on River Ridge Golf Course management contract.

F7: Article 3.c. excluded the “opportunity to request an extension of this Agreement…under three circumstances outlined in subparagraphs d., e. and f. See, Attachment A.

F8: In fact, the second and third exceptions are the same except that in the second, if a third party pays the entire cost of constructing the additional 18 holes, that party has the first right to negotiate with the City for the operation, maintenance and management of the Golf Course.

Related Recommendations (2)

R7: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after opening the venture up to competition from other potential managers in addition to High Tide.

R10: That the City Council require open competition for award of any follow- on River Ridge Golf Course management contract.

F9: The Original Agreement and the Second Agreement characterize the Agreements as unique personal service agreements and stipulate that if during the term of the Agreement three named individuals “individually or collectively,” are no longer involved “in the operation, maintenance and management…, the City may terminate…” the Agreement upon ninety days written notice.

F10: A “Termination Without Cause” article was included in the Original Agreement but was omitted from the Second Agreement.

F11: According to City management the “Termination Without Cause” article was omitted because “The City is sufficiently protected…” by the Termination for Cause Article and the unique personal services termination article. Accounting Records, Recording and Statements

F12: The Second Agreement states that “Operator shall maintain a method of accounting in accordance with generally accepted accounting principles [GAAP] which accurately reflects the gross receipts and disbursements of Operator in connection with Golf Course Operations…” Article 20. Accounting Records and Reporting.

F13: It further states that “Operator shall submit…a financial statement for the fiscal year then ended…” Article 21. Financial Statements.

F14: The Original Agreement required that “annual revenues as indicated on the financial statement shall be certified by an independent auditor and shall include a statement that the financial statements are in compliance with generally accepted accounting principles.” Article 22. Financial Statements.

F15: The Second Agreement states that “The financial statement shall be audited by an independent auditor and shall include a statement that the financial statements were prepared in compliance with generally accepted accounting principles.” Article 21. Financial Statements. 2

F16: The independent audit submitted to the City for the year ending June 30, 2002 in accordance with Article 21 included, among other things, the statement “SELECTED INFORMATION-SUBSTANTIALLY ALL DISCLOSURES REQUIRED BY GENERALLY ACCEPTED ACCOUNTING PRINCIPLES ARE NOT INCLUDED FOR THE YEAR ENDED JUNE 30, 2000.” (Emphasis supplied).

Related Recommendations (4)

R13: That Golf Course audits be thoroughly and rigorously applied.

R14: That as a separate and urgent matter the City procures a thorough independent audit of River Ridge operations and accounting to bring the accounting of River Ridge and the City into compliance with GAAP.

R15: That any audit performed as recommended at Recommendation R-14 be performed for the City by an auditor other than High Tide’s outside auditor in order to avoid any possibility of conflict of interests or the appearance of a conflict of interests.

R16: In addition to any audit performed as recommended at Recommendation

F17: The independent audit for the year ending June 30, 2002 was merely an audit of the “the accompanying schedule of base revenues of High Tide….” and stated that the referenced schedule was the responsibility of High Tide’s management and limited the auditor’s responsibility to “express[ing] an opinion on this schedule based on our audit.”

Related Recommendations (4)

R13: That Golf Course audits be thoroughly and rigorously applied.

R16: In addition to any audit performed as recommended at Recommendation

F18: “Subject to City Manager approval Operator agrees to develop, install and maintain necessary accounting, operating and administrative controls governing the financial affairs of the Golf Course…” Article 22. Internal Control.

F19: There is no indication that the Operator ever drafted and submitted the necessary accounting, operating and administrative controls governing the financial affairs of the Golf Course to the City.

Related Recommendations (1)

R5: That the City Manager assign a highly qualified and experienced Contract Administrator as Project Manager to oversee the administration of the River Ridge Agreement and any successor agreement.

F20: There is no indication that the City Manager or his designated Project Manager ever received a written internal control plan or ever approved one.

Related Recommendations (1)

R5: That the City Manager assign a highly qualified and experienced Contract Administrator as Project Manager to oversee the administration of the River Ridge Agreement and any successor agreement.

F21: A cursory examination on site revealed a serious lack of internal controls at River Ridge.

Related Recommendations (5)

R5: That the City Manager assign a highly qualified and experienced Contract Administrator as Project Manager to oversee the administration of the River Ridge Agreement and any successor agreement.

R13: That Golf Course audits be thoroughly and rigorously applied.

R16: In addition to any audit performed as recommended at Recommendation

F22: “City or its authorized auditors and representatives shall have access to and the right to audit and reproduce any of Operator’s records related to gross receipts and expenses, to the extent the City deems necessary to ensure City is receiving all monies to which City is entitled…or for other purposes relating to this Agreement.” Article 24. a. Inspection of Records.

F23: The City has never audited or had audited the Operator’s records related to gross receipts and expenses to ensure that the City is receiving all monies to which it is entitled.

Related Recommendations (1)

R13: That Golf Course audits be thoroughly and rigorously applied.

F24: A partial examination of High Tide financial records, relative to Golf Course operations, disclosed that from a formal accounting standpoint, certain practices can be characterized as inaccurate and undisciplined bookkeeping. The “Joint Account” Banking Provisions

Related Recommendations (4)

R13: That Golf Course audits be thoroughly and rigorously applied.

R16: In addition to any audit performed as recommended at Recommendation

F25: Both the Original Agreement and Second Agreement state that Operator is an Independent Contractor and not an agent of the City (except as the City may specify in writing).

F26: Under both the Original Agreement and the Second Agreement the Operator was required to “establish in the name of the City and the Operator, jointly, such bank accounts as required for the operation, maintenance and management of the Golf Course…”

F27: When it was recognized by the City that the Agreement’s “joint accounts” arrangement was improper, as between a municipality and a private corporation, the City entered into a letter agreement appointing High Tide the 3 agent and/or partner of the City for management of the Golf Course and its operations.

Related Recommendations (1)

R2: That the City Treasurer, pending reformation of the River Ridge Agreement, take immediate action to close the “Joint Accounts” and set policies to collect and preserve City revenue in accordance with California law.

F28: By letter dated November 30, 1993, High Tide and Green Grass, Inc. (soon to be the Operator) informed its bank that it was in “a partnership with the City of Oxnard to manage…the River Ridge Golf Club...” and agreed “to provide [the City] complete access to any and all activity involving [its] corporate accounts…”

F29: In the November 30, 1993 letter High Tide also stated “this letter serves as notice that our company authorizes Ms. Belcher [then City Treasurer] to suspend financial activity in our accounts.”

F30: By letter dated February 7, 1994 the City Treasurer informed Operator’s bank that the City had “conveyed to [Operator] the right to act as the City’s agent for the River Ridge Golf Club…” and that the City agreed that the title of the account would be “High Tide & Green Grass, Inc. as agent for River Ridge Golf Club and River Ridge Golf Course.”

F31: By its letter of February 7, 1994 the City Treasurer also provided that the letter gave Operator “the ability to accept checks as River Ridge Golf Club or River Ridge Golf Course.”

F32: Article 10 of the Second Agreement provides for deposit of all Golf Course revenues in “the joint account established for the City and Operator.”

F33: The City plays no role in reconciling the “joint accounts.”

Related Recommendations (1)

F34: The City has never written a check on the “joint accounts.”

Related Recommendations (1)

F35: There is no evidence that a true “joint account” exists or has ever existed.

Related Recommendations (1)

F36: High Tide maintains two River Ridge accounts; one for Golf Course revenue and one for restaurant and restaurant related revenue.

F37: High Tide has stated that all Golf Course revenue, except golf lesson fees, is deposited in Operator’s River Ridge “joint accounts.”

F38: High Tide controls the River Ridge revenue “joint accounts.” Revenue Management

F39: Under the Second Agreement High Tide is to collect “all revenues from the operation of the Golf Course and deposit such revenues in the joint account….”

F40: The Second Agreement requires High Tide to submit an Annual Business Plan that includes a Facilities Maintenance Plan and a Marketing Plan.

F41: The Agreement also requires the annual submission of an Operations Budget and a Capital Improvements Budget in conjunction with the Annual Business Plan.

F42: Under the Second Agreement the City is to pay High Tide a “minimum yearly amount” from which High Tide is to receive “minimum monthly payments” out of which it must pay all expenses incurred to operate the Golf Course.

F43: The “minimum yearly amount” is to be called out in the Annual Business Plan submitted by High Tide to the City Manager and approved by the City Council. 4

F44: In practice the Operations Budget is submitted as part of the annual budget of the Parks and Facilities Division of Public Works for approval by City Council.

F45: In practice a “minimum yearly amount” is not called out in the Annual Business Plan. The Operations Budget submitted by High Tide is treated as the “minimum yearly amount.”

F46: In practice the City does not pay High Tide the “yearly minimum amount” since all City Golf Course revenue, except golf lesson fees, is kept in the High Tide corporate “joint accounts.”

F47: The Second Agreement provides that High Tide pay itself the “minimum monthly amount” from the “joint account” into which the City, presumably, would have paid the “minimum yearly amount.”

F48: In practice High Tide pays its operating expenses as they arise and as are necessary directly from the “joint accounts.”

F49: Under the wording of the Second Agreement these budgets are merely intended as reasonable estimates.

F50: The Second Agreement further provides that High Tide makes “no guarantee, warranty or representation whatsoever in connection with the budgets….” and may reallocate money within the budgets.

F51: There have been under-runs of the Operating Budget.

F52: The City states that budget amounts resulting from under-runs remain as City revenue in the River Ridge “joint accounts” under an oral agreement between the parties.

F53: High Tide states that though the budget amounts resulting from under-runs remained as City revenue under the Original Agreement, under the Second Agreement such money is taken as profit by High Tide. City Treasurer’s Management Re: River Ridge Revenue

F54: By its letter of February 7, 1994 the then City Treasurer, apparently in accordance with Article 52 of the Second Agreement, appointed High Tide an agent for the City for the limited purpose of operating River Ridge.

F55: The Treasurer’s letter of February 7, 1994 specifically extended the agency appointment to the collection of money for the City in connection with River Ridge operations.

F56: High Tide & Green Grass collected money at River Ridge as the agent of the City.

F57: It appears to the Grand Jury that under California law local agencies may not delegate the power to control or supervise municipal corporation money to a private person or body. See, Attachment B.

Related Recommendations (1)

F58: Under California law local agencies may deposit money in specified classes of banking, lending and investment businesses but only in accordance with stringent controls set forth in the Government and Finance Codes. See, Attachment C.

Related Recommendations (1)

F59: The Government Code requires that “Any officer or employee collecting or receiving any money belonging to,…, the city shall deposit it immediately in 5 the treasury in the manner prescribed by the ordinance for the benefit of the funds to which it belongs….” See, Attachment D.

Related Recommendations (1)

F60: The Government Code provides that “The city treasurer shall receive and safely keep all money coming into his hands as treasurer.”

Related Recommendations (1)

F61: The Government Code provides that “He [the treasurer] shall comply with all laws governing the deposit and securing of public funds …in his possession.”

Related Recommendations (1)

F62: The California Government Code provides that “He [the treasurer] shall pay out money only on warrants signed by legally designated persons.”

Related Recommendations (1)

F63: Sections of the Government Code referred to above are internal controls mandated by State law to protect the assets of the State and local agencies.

Related Recommendations (1)

F64: California law provides that “An officer or employee of a local agency who deposits money belonging to, or in the custody of, the local agency in any other manner than prescribed in this article is subject to forfeiture of his office or employment.” Government Code 53681. Payment of Percentage of “Gross Receipts”

Related Recommendations (1)

F65: In addition to the “yearly minimum amount” to be paid to High Tide, the City is obligated to pay High Tide a percentage of the “annual gross receipts…as described in Exhibit C,…” to the Second Agreement.

F66: Exhibit C defines “gross receipts” and establishes “Minimum Base Revenues” for ten years beginning July 1, 1999.

F67: “Gross receipts” as defined in Exhibit C is different than “all revenues from the operation of the golf course….”

F68: “Base Revenue” is defined in Exhibit C as “the Gross Receipts derived from all Golf Course operations except receipts from golf lessons.”

F69: The amount of the Gross Receipts to be paid to High Tide, in addition to the “minimum yearly amount,” is determined by a percentage of the extent to which “Base Revenue” exceeds the stated “Minimum Base Revenue” for the year in which the payment is to be made.

F70: In practice, rather than the City paying High Tide its Exhibit C “profit share” as required under the Agreement, High Tide pays the City’s share of Exhibit C money to the City out of the High Tide corporate “joint accounts” in a highly publicized ceremony.

F71: The percentage of excess “Base Revenue” to be paid is inversely scaled starting at fifty percent (50%) of any excess between $1 and $300,000 and ending at twenty-five percent (25%) for such excess over $400,000.

F72: The “profit sharing” provisions of Exhibit C are apparently calculated at times other than provided for in the Agreement (end of the “Period,” the Fiscal year) and are recorded as “Salaries, Wages and Benefits” on the City’s books.

F73: Under Exhibit C payment to High Tide under the Gross Receipts percentage provisions shall not exceed the “minimum yearly amount,” apparently referred to in Exhibit C as “the minimum period amount provided for in the Business Plan.” 6 River Ridge Bond Financing & Debt

F74: In 1984 the City issued $11,890,000.00 in Leasehold Mortgage Revenue Bonds for construction of River Ridge for which the Golf Course was posted as collateral.

F75: In1988 the debt created in 1984 to build the Golf Course was refinanced at a cost of $16,442,541.34 used to refund bondholders of the original debt issuance in order to reduce interest on the debt and change the call date. The Golf Course remained as collateral for the debt.

F76: For various reasons, at the time of the issuance of the “Refunding Bonds” in1988 only a nominal amount of the principal had been paid ($65,000.00).

F77: In 1993 the River Ridge debt, along with other outstanding bond issues of the City, was again refinanced with Lease Revenue Refunding Bonds in the amount of $31,565,000.00, of which $15,795,000.00 was related to Refunding Bonds.

F78: Under the second refunding debt issue in 1993 the Golf Course was no longer pledged as collateral. The collateral for the 1993 refinancing was the City Hall and other City assets.

F79: As of October of 2002 there remains $11,870,000.00 in debt remaining related to River Ridge. This is an obligation of the general fund of the City and not the Golf Course.

F80: The original projections of the City for sources of repayment of the Golf Course construction debt were excessively optimistic and never realized.

Related Recommendations (2)

R4: That the City review and revise its representation to the public of the River Ridge Golf Course as a profitable City venture and disclose to the public, in understandable terms, the true cost of the Golf Course to include bond debt service attributable to the construction of the Golf Course.

R6: That the City only proceed with its ongoing plan to expand the River Ridge Golf Course after full disclosure to the public of the probable true cost of the venture including consideration of the affect of increased local competition and falling public participation in the sport.

F81: The City considers River Ridge a recreational resource and part of the City’s open space and as such is not expected to repay the bonds with River Ridge revenue.

Related Recommendations (2)

F82: The City’s general fund has contributed toward the debt service originally incurred for construction of the Golf Course though Golf Course operation’s revenues contribute approximately $400,000.00 annually to the general fund.

Related Recommendations (1)

F83: The interest on the debt remaining attributable to River Ridge construction is approximately $500,000.00 annually. Selected Contract Deficiencies

Related Recommendations (1)

F84: The provisions for the maintenance of and for the conduct of operations from the “Joint Account” appear to the Grand Jury to be contrary to State law.

Related Recommendations (3)

R1: That the City immediately retains Outside Counsel expert in Government contracting and procurement to assist it in reforming and renegotiating the present Agreement to ensure that it is in conformity with California law and good business practice.

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

F85: There is no contractual provision that establishes ownership of the money resulting from under-runs of the Operating and Capital Investment Budgets.

Related Recommendations (6)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

R8: That the City Council require a separate budget presentation to it for its consideration of award of any follow-on River Ridge Golf Course management contract.

R9: That the City Council require a separate budget presentation to it for its consideration of all budget approvals for River Ridge Golf Course operations.

R11: That in any contract for management of the River Ridge Golf Course the Operator be made accountable for the budgets presented to the City.

R12: That the mechanisms for calculation of profit be reformed so that, for example, profit to whatever entity manages the Golf Course reflects incentive based, fixed and scaled percentages of the net profit of Golf Course operations. 10

F86: Operator is contractually absolved of accountability for the budgets it presents to the City but takes the under-runs from those budgets as profit.

Related Recommendations (6)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

R8: That the City Council require a separate budget presentation to it for its consideration of award of any follow-on River Ridge Golf Course management contract.

R9: That the City Council require a separate budget presentation to it for its consideration of all budget approvals for River Ridge Golf Course operations.

R11: That in any contract for management of the River Ridge Golf Course the Operator be made accountable for the budgets presented to the City.

F87: Unlike the Original Agreement, there is no Termination for the Convenience of the City in the Second Agreement.

Related Recommendations (2)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

F88: The Dispute Resolution Procedure Article provides that the City and High Tide will “request the Presiding Judge…to provide a list of names…” as the initial act for the process of selection of an arbitrator for an unresolved dispute and does not delineate governing procedure or restrict venue.

Related Recommendations (2)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

F89: Though the Second Agreement requires the Operator to maintain appropriate books and records and to set up internal controls, the agreement does not 7 specifically provide the City with the right to access, examine and copy those books and records in such detail that the City could, if moved to do so, appropriately audit those books and records.

Related Recommendations (3)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

R13: That Golf Course audits be thoroughly and rigorously applied.

F90: There is no provision for excluding golf lesson fees from Golf Course revenue to be deposited in the so-called “Joint Account.”

Related Recommendations (2)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

F91: There are no provisions for the exceptional administration and accounting practices presently utilized under oral agreement for special events, tournaments and the like. Conclusions C-1. The Agreement’s extension provisions shield the venture from competition. (F-2, 3, 5, 6, 8, 10) C-2. Under current “lock-in” provisions, there is only one very unlikely possibility that the Operator will not have the absolute right, subject only to good faith negotiation, to become the manager of the Golf Course should it be expanded and that is if a third party pays for the entire construction of the added 18 holes and claims the right to operate, maintain and manage the completed Golf Course. (F-5-8) C-3. Independent Auditor’s Reports accepted by the City are not in accordance with Article 21 of the Agreement, cited above, in that they do not constitute an audit of the financial statements of High Tide and do not include a statement that “the financial statements were prepared in compliance with generally accepted accounting principles.” (F-15-17) C-4. The recording of “profit sharing” on the City’s records as “Salaries, Wages and Benefits” is improper in that it does not with reasonable accuracy reflect the underlying transaction. (F-12, 13, 15) C-5. The absence of an independent audit as required by the Agreement has potentially permitted undisciplined accounting practices and procedures. (F- 16, 17, 23) C-6. There are no written internal controls, approved or otherwise, for High Tide Golf Course operations that would permit and facilitate an efficient audit of those operations. (F-18-21) C-7. Lack of a City approved written internal financial control as required by the Agreement has exposed the system to potential manipulation and would inhibit the performance of any compliance audit. (F-18-21, 23) C-8. The Agreement’s financial accounting processes are unduly vague and arcane. (F-14-17, 22, 23) C-9. The City has not retained or assured adequate audit rights. (F-19-21, 23, 57, 62) C-10. The City has not adequately exercised such audit rights as it possesses. (F-22, 23, 33, 34, 38) C-11. Revenue from Golf Course operations is the City’s money. (F-25-32, 37, 45, 46, 51-55, 67-70) C-12. It appears to the Grand Jury that the Agreement to deposit the City’s revenue from the operation of River Ridge Golf Course into the corporate accounts of High Tide is improper under California law. (F-25-32, 38, 53, 54, 57-60, 62, 63) 8 C-13. The Agreement’s provision for a “joint accounts” has never been revised and, though improper, is not followed. (27-30, 34, 37, 47, 48) C-14. Money in the hands of the City’s agent for collection of money is in the hands of the City. (F-26-32, 38, 47, 53-56, 69) C-15. Permitting High Tide to operate its financial business with City money deposited in its corporate accounts appears to the Grand Jury to be improper under California law, contrary to the provisions of the Agreement and avoids reasonable and mandated internal controls over City money. (F-28-33, 45, 47- 49,54, 56-58, 60, 63) C-16. Permitting High Tide to pay itself and its creditors City money in its operation of River Ridge appears to the Grand Jury to be contrary to the internal controls for the deposit and disbursement of City funds mandated by California law. (F-12, 23, 26, 29, 31, 54-63) C-17. With respect to the deposit of City funds by the City’s agent it appears to the Grand Jury that the City Treasurer has not complied with the requirements of California law as described above. (F-26, 30, 31, 38, 47, 57, 58-60, 62) C-18. In the case of the bank deposit of City funds by the City’s agent it appears to the Grand Jury that the City may not now and may never have been in compliance with California law with respect to the collection and deposit of its money relative to the operation of River Ridge. (F-25-27, 29, 30, 32, 37, 38, 45, 47, 56-60, 62) C-19. In the opinion of the Grand Jury the City has circumvented the internal controls mandated by the Government and Finance Codes. (F-20, 23, 25-27, 29-34, 37, 38, 45-47, 54, 55, 57-60, 62) C-20. In the opinion of the Grand Jury, responsible officials with the City have not properly carried out their fiduciary duties with respect to their financial management and the accountability of the River Ridge Golf Course. (F-10, 16, 20, 21, 23, 26, 27, 29-32, 44, 50, 52, 53, 54-56, 57-63) C-21. Public bond financing of River Ridge, though not improper, has been presented to the public in such a way as to obscure the true cost of River Ridge. (F-69, 77-80) C-22. Profit accounting processes and the City’s presentation of them to the public mislead the public with respect to the “profitability” of River Ridge. (F-69, 77-80) C-23. The City’s and High Tide’s divergent statements with respect to the disposition of amounts resulting from budget under-runs further indicates that neither the City nor High Tide understands or adequately controls the revenue stream. (F-23, 52, 53) C-24. The Agreement to manage River Ridge is severely contractually deficient in many respects. (F-84-91) C-25. The Agreement to manage River Ridge lacks a Termination for Convenience Article. (F-10, 87) C-26. The Dispute Resolution Procedure Article is deficient in that the method set forth may not be effective because there is no explicit authority for the Superior Court to appoint an arbitrator or arbitrators except on petition under 9 certain defined statutory circumstances and then in accordance with procedural rules set forth at Code Civ. Proc., Section 1281.6. (F-88) C-27. The Dispute Resolution Procedure Article also is deficient in that contrary to good contracting practice it does not provide guidance with respect to what procedural rules will be used in any arbitration nor does it prescribe the venue for resolution of the dispute. (F-88) Recommendations:

Related Recommendations (2)

R3: That the City initiate discussions with High Tide & Green Grass, Inc. with a view to reforming the River Ridge management contract.

Additional documents

Documents found alongside this year's reports — not grand jury reports or responses.

Ventura County Animal Regulation Commission By-Laws2 pp.