Yuba County Grand Jury
2013-2014
Findings & Recommendations
16 findings
F1:
The Grand Jury finds that:
The Yuba County Airport has contracted with a local farmer to provide the equipment and labor to cut a perimeter fire break around the airport in exchange for agricultural use of some of the land.
F2:
The Grand Jury finds that:
There is no formal accident response plan or planned airport related exercises with local emergency responders.
F3:
The Grand Jury finds that:
Ultra-light operations increase the safety risk at the airport and endanger other aircraft operations.
F4:
The Grand Jury finds that:
The Airport Manager verbally approved the current ultra-light operating location.
F5:
The Grand Jury finds that:
The Grand Jury found section 2.110.240, Security Requirements (County of Yuba Ordinance Chapter 2.110 Airport Rules and Regulations, dated 16 December 2008) does not state clearly the specific requirements for security gate operations or requirements for perimeter fencing.
F6:
The Grand Jury finds that:
There is no daily log of inspections of all runways or taxiways for Foreign Object Debris (FOD), or lighting, windsocks, and airport general conditions. 2013-2014 Yuba County Grand Jury Final Report Yuba County Airport
F7:
The Grand Jury finds that:
There is no runway or taxiway sweeping schedule at the airport other than prior to special events. No proper sweeping equipment is available to the airport other than rental through Yuba County Public Works.
F8:
The Grand Jury finds that:
The airport is seriously lacking in airport building and hangar maintenance.
F9:
The Grand Jury finds that:
There are many privately owned vehicles, trailers, and equipment that are stored near hangars without fees assessed or collected.
F10:
The Grand Jury finds that:
The Airport Manager Job Description is in need of updating to reflect the current responsibilities.
F11:
The Grand Jury finds that:
The airport does not have an oversight committee, or aviation group, that recommends improvements to the airport.
F12:
The Grand Jury finds that:
The airport lacks a well-documented complaint process. Currently, complaints are handled verbally by the Airport Manager.
F13:
The Grand Jury finds that:
Two airport employees have retired and there are no plans to replace them. The Airport Manager is the only airport employee and is responsible for the 24 hour operation of the airport.
F14:
The Grand Jury finds that:
There are no scheduled inspections of the rental hangars or facilities.
F15:
The Grand Jury finds that:
The Golden West Air Show has poor public attendance, is a loss to the county, and is not properly advertised in the local area. No local news media were used to advertise the air show.
F16:
The Grand Jury finds that:
The airport funding for improvements has been accomplished by Grants, federal funding, and very little by county funds.
Additional Recommendations
14
Not linked to specific findings.
R1:
The Airport Manager establishes an accident response plan and schedule regular airport related exercises with the local emergency service responders.
R2:
The Airport Manager: Provide written authorization for ultra-light operations. Establish written procedures for safe operations, to include established ultra-light traffic patterns and altitudes. 2013-2014 Yuba County Grand Jury Final Report Yuba County Airport Is encouraged to seek the assistance of knowledgeable local pilots at Yuba County Airport in establishing the new procedures. Inform all local and transient pilots of ultra-light operations and procedures at Yuba County Airport. Require all ultra-light users comply with all aspects of Federal Aviation Regulations (FAR), Part 103 concerning the operation of ultra-lights. Require Ultra-light operations at Yuba County Airport comply with all aspects of this regulation, and all other FAA airspace regulations.
R3:
Yuba County establishes liability insurance coverage agreements with these ultra-light users.
R4:
The ultra-lights be moved to the west side of runway 14/32 where safe operations with other aircraft at the airport would be improved. If this is not feasible, strong consideration be given to terminating ultra-light operations at Yuba County Airport.
R5:
The Airport Manager update section 2.110.240, Security Requirements to include specific requirements for security gate operations and requirements for perimeter fencing.
R6:
The Airport Manager and Administrative Services Director: Develop and use a written daily inspection checklist for all runways and taxiways for FOD, lighting, windsocks, or airport general condition. Conduct inspections on the weekends and holidays when increased usage occurs to ensure safe aircraft operations. Develop and use a sweeping schedule for all runways and taxiways at the airport.
R7:
The Airport Manager develop an annual preventative maintenance schedule for all airport hangars and buildings.
R8:
The Airport Manager removes unauthorized privately owned vehicles, trailers, and equipment that are stored on county property, and that a written log of authorizations and fees collected be maintained for authorized privately owned vehicles, trailers, and equipment stored on airport property. 2013-2014 Yuba County Grand Jury Final Report Yuba County Airport
R9:
The Administrative Services Director revise and update the Airport Manager Job Description to reflect current duties and responsibilities.
R10:
Establish an oversight committee or aviation group that recommends improvements to the airport.
R11:
The Airport Manager establish a written complaint process that includes a record of all complaints, and the resolutions.
R12:
The Airport Manager fill the positions vacated by the two employees who retired, in order to maintain airport operations.
R13:
The Golden West Air Show improve publicity and marketing.
R14:
Airport funding for improvements be obtained through a combination of grants, federal, state and county funds. Commendations: C1. The Grand Jury commends the Airport Manager for contracting a local farmer to provide the equipment and labor to cut a perimeter fire break around the airport in exchange for agricultural use of some of the airport land. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: Yuba County Airport Manager Yuba County Administrative Services Director Yuba County Supervisors The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
18 findings
F1:
There is a risk of intruders entering the campus grounds from the southeast side of the playground through the olive grove or students going into the olive grove without supervision. The olive grove is not maintained, and is thick with underbrush, providing perfect places for people to hide or to conceal objects.
F2:
There is no door, or outside exit route, from room 14, the sixth grade classroom, in the corner of the building at the end of the hall.
F3:
Sound damping panels are needed to reduce noise that affects student learning in classrooms.
F4:
Funding is needed for a full-time principal at Foothill Intermediate School. Continuity Report: Foothill Intermediate School
F5:
A safe and high-quality learning environment at Foothill Intermediate School is compromised by the characteristics of the main building and its improvised walls and hallways.
F6:
Security cameras still have not been upgraded or replaced.
F7:
The Street blocked off from city traffic (7th Street) during school hours is in hazardous disrepair with numerous potholes, broken and sunken curbs, uneven sidewalks and trees pushing through the concrete. Children cross and play in this street for recess activities, and physical education class. When there is an evacuation drill, the meeting area is in the playground on the north side of the Street.
F8:
There is inadequate parking for staff and parents.
F9:
Due to location, there is often police activity in the proximity of the school that has not been brought to the attention of the administrator so that proper action can be taken.
F10:
The cafeteria/multipurpose room with a capacity of 300 is not large enough for a student body of over 500, and has inadequate cafeteria storage space. Cedar Lane Elementary:
F11:
There are no security cameras on the campus.
F12:
There are no marked crosswalks or sidewalks near the bus pickup/drop off area, nor proper signage referring to school area crosswalks or designated bike paths. This poses a safety issue as there are many pedestrians and bicycle riders.
F13:
During the time period 2007-2012, number of accidents at non-RLC intersections (the City of Marysville data) account for a stable percentage of total accidents in Marysville.
F14:
Number of accidents at RLC intersections account for a relatively small percentage of total accidents in Marysville, so that use of citywide collision data to justify safety effects of RLC usage appears to be inappropriate. City of Marysville Red Light Camera Program
F15:
During the time period 2007-2012, there were no fatal accidents at RLC intersections.
F16:
There are broad discrepancies between the City of Marysville collision data and the State of California collision data available through TASAS.
F17:
RLCs at 3rd & F and at 10th & Ramirez result in citations almost exclusively for right-turn- on-red violations, and safety would be better served by engineering countermeasures.
F18:
RLCs at 3rd & E and at 9th & E result in approximately half of citations for right-turn-on-red violations, and safety would be better served by engineering countermeasures.
Additional Recommendations
14
Not linked to specific findings.
R1:
Provide funding for a fence to be erected on the southeast side of the campus between the olive orchard and the playground to reduce the potential for intruders entering the grounds or students exiting the grounds without permission.
R2:
Construct an alternative exit from room 14, the classroom at the end of the sixth grade hallway.
R3:
Install sound damping panels to reduce noise that affects student learning in classrooms
R4:
Assign a full-time administrator when enrollment increases at Foothill School.
R5:
Make alterations to the Foothill Intermediate School main building in order to provide and maintain a safe and high-quality learning environment at Foothill School while the district is looking for a new location for the school.
R6:
Assign priority to the installation of the Foothill security cameras as soon as the DSA application is approved. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: MJUSD Superintendent MJUSD Superintendent of Business Services MJUSD Board of Trustees The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Wheatland Elementary School Wheatland Elementary School Summary: The 2013-14 Grand Jury is conducting an investigation of the safety and security of elementary schools in the county. The Grand Jury elected to extend that investigation to include Wheatland School District (WSD) elementary schools. Introduction and background: The Wheatland School District has three schools within their jurisdiction with approximately 1300 enrolled students. Wheatland Elementary School (WES) has an enrollment of 325 students. The Elementary School was re-opened in 2012 after having been closed in 2009 due to a low enrollment. Due to a high number of military dependents enrolled, WES receives impact aid from the federal government. This program is for military students whose families live and work on military installations. Methodology and Approach: The Grand Jury conducted a tour of the school provided by the principal. During the visit school staff answered questions, and provided documents for review. The Grand Jury developed a school visitation plan for touring schools, ensuring that the same areas were observed at all schools visited in Yuba County. All areas were observed that had relevance to students and staff safety and security. The Grand Jury also inquired into support available for students. Documents: Wheatland Elementary School’s website can be accessed at: http://wes.wheatlandsd.com/index.html The Wheatland School District Calendar is available at: http://www.wheatlandsd.com/documents/Copy%20of%20District%20Calendar%202013- 14%20with%20Dates.pdf The free school breakfast program is described at: http://www.wheatlandsd.com/documents/Free%20Breakfast%20Letter.pdf A description and video of the door safety device used at Wheatland Elementary School can be found on the manufacture’s website at: http://globalinnovationsco.com/ Site visits: The Grand Jury toured Wheatland Elementary School on February 13, 2014. Wheatland Elementary School Discussion and Narrative: The Grand Jury visited Wheatland Elementary School on February 13, 2014. At the time of the visit there were 325 students enrolled with a waiting list for intra-district transfers. The school accommodates Kindergarten to Third grade students as well as a Special Day Class (SDC). A Kindergarten/First grade classroom had just been added in January 2014. Currently there are fifteen regular-education teachers and one SDC teacher. The school had just been reopened in 2012 due to overcrowding at Bear River School. It was decided to make Wheatland Elementary a K-3 campus, and Bear River a 4-8 campus. There were the following student support staff and services: A Health Clerk is on campus from 10AM-1PM daily. A counselor is available on Wednesdays and Fridays. The large library has a full-time librarian. VICTOR (Victim Witness Program) supports students as needed. There is an after school program that includes a Homework Club until 6PM. Each child receives a daily free breakfast, with some of the cost absorbed by the district. A Family Resource Center (FRC). Figure 1. The inexpensive door security device installed on Wheatland Elementary School’s door jams. Most school doors open to the outside and can be locked with a key only from the outside, a risky action in the event of a school invasion emergency. To use this device, the door is kept locked from the outside. When the device is in the position shown on the left, the door, closing from the right, is held slightly ajar and, therefore, does not latch. When the device is flipped to the position shown on the right, the door can be pulled completely closed and latched. Wheatland Elementary School Upon entry to the school, each visitor must sign in. After a certain time all entrances are locked, except the office, requiring any visitors to come through that entrance. Each teacher has a key for the outside locks. Thirteen outside surveillance cameras are in operation, and there are plans to upgrade the system. Monthly fire drills are conducted, as well as yearly lock-down drills. Currently no inside window coverings are in the classrooms, but the windows are tinted. Tests have been done during lock-downs to see if students can be seen and they cannot. The principal has placed a seven-dollar device on every door to make it possible for the doors to be secured from the inside. (See figure 1, above.) Wheatland Elementary places an emphasis on community relations through parent involvement. A large housing development is adjacent to the rear of the school campus. This provides the school with extra awareness from parents who regularly walk their children to and from school. The modernized kitchen serves balanced meals based on State of California nutritional guidelines. The large gymnasium/cafeteria, with a capacity of 500, also serves as a community meeting center. Figure 2. The low fence on the north side of the bus loop. Some of the school’s solar panels are visible in the background. Wheatland Elementary School The Grand Jury observed solar panels that have recently been installed. Other upgrades were also observed, such as new wrought iron fencing around the entrance area. Upgraded play areas with new enclosures were installed on the playground. Although the grounds are completely fenced, some of the fences were of insufficient height to provide adequate security. (See figure 2, above.) It was stated that changes for safety are an ongoing process, and that there is complete support from the Wheatland School District.
R7:
The Administrator discuss with the Marysville Police Department, at their monthly safety meetings, an appropriate notification plan for potentially dangerous activity within its neighborhood.
R8:
The District provide funding for the construction or purchase of adequate cafeteria storage. Cedar Lane Elementary School: The Grand Jury recommends:
R9:
Security cameras be installed in strategic outside locations.
R10:
The District consult with the Public Works Department and install proper signage, sidewalks and crosswalks in the bus pickup/drop off locations. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: MJUSD Board of Trustees Superintendant, MJUSD Principal, Arboga Elementary R1-R3 Principal, Covillaud Elementary R4-R8 Marysville Unified Elementary Schools Safety and Security Principal, Cedar Lane Elementary R9-R10 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Conflict of Interest (Perceived) in Marysville Joint Unified School District Conflict of Interest (Perceived) in Marysville Joint Unified School District Summary: As a result of a citizen’s complaint, an investigation by the Yuba County Grand Jury has found that a perceived conflict of interest exists in the Marysville Joint Unified School District (MJUSD). Introduction and background: The Grand Jury received a citizen’s complaint regarding questionable activity in the MJUSD concerning the hiring procedures for the current Facilities Manager (formerly the MJUSD Senior Project Manager) and how that position was filled. The complaint stated that the Facilities Manager is married to an employee of an architectural company whose firm received a substantial portion of the MJUSD architectural contracts. The Grand Jury discussed this complaint and elected to proceed with an investigation. After an investigation, the Grand Jury found that the MJUSD Senior Project Manager was hired to act as a liaison with architectural firms, including one that received approximately sixty percent of the MJUSD’s architectural contracts. The MJUSD Senior Project Manager has a spousal relationship with an employee of the architectural firm, which is perceived as influential. The Grand Jury found that the MJUSD allowed established board by-laws to be violated by hiring employees with known affiliations or connections to district contractors, and therefore, appears to have conflict of interest (Board By-Laws 9270). The Grand Jury also found that the MJUSD violated State of California Government Code 1090, Contractual Conflicts of Interest; All Contracts, quoted below: “Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.” Upon investigation, the Grand Jury found that the MJUSD advertised the Facilities Manager position in one professional trade journal. The MJUSD did not advertise the position in any other public forum. The Grand Jury determined that the MJUSD Facilities Manager is involved in all aspects of the contract bidding process, including preliminary discussions, negotiations, compromises, reasoning or selection of projects, and the drawing of plans or specifications. The Facilities Manager is apparently not involved in the solicitation of contract bids. However, the Grand Jury determined that the Facilities Manager has important discretionary functions in MJUSD’s contract bidding process; this not a mere clerical or administrative position. The Grand Jury found that the position of Facilities Manager of MJUSD has no written formal or Conflict of Interest (Perceived) in Marysville Joint Unified School District established job duties, job description or responsibilities. It was reported to the Grand Jury that there have been no personnel performance evaluations conducted for the Facilities Manager from the date of hiring to the present. The Facilities Manager formerly reported directly to the previous Superintendant of Business Services, who resigned in December 2013. The Grand Jury also found that the MJUSD Facilities Manager is married to a principal employee in an architectural firm that does substantial business with MJUSD, thus creating at least the appearance of a conflict of interest. Methodology and Approach: The Grand Jury interviewed three MJUSD administrators, a manager in the MJUSD, two current board members, the Yuba County Deputy County Counsel and the Yuba County District Attorney. In addition to the interviews, the Grand Jury asked for and received multiple documents related to the investigation and performed public records searches via the internet and accessible databases. Documents: Public Documents Marysville Joint Unified School District 9000 Board Bylaws 9270, accessible at http://www.mjusd.k12.ca.us/board/policies Government Code Section 1090 (http://www.leginfo.ca.gov/cgi- bin/displaycode?section=gov&group=01001-02000&file=1090-1099) Conflict of Interest Form 700 for employees within the MJUSD accessible through the MJUSD website (http://www.mjusd.k12.ca.us/board/policies) Project summaries as provided by the Bond Oversight Committee of MJUSD (http://www.mjusd.k12.ca.us/district/bond_oversight_committee) MJUSD Budgets for years 2012/2013 and 2013/2014 (http://www.mjusd.k12.ca.us/district/budget/) The Grand Jury also consulted the following documents that are not available to the public online: Legal guidance citing precedent and justification from advisors to the Yuba county Grand Jury Measures H and P Account Summary Balance sheets from 2006 to 2014 Payment histories for Architectural firms doing business with MJUSD Conflict of Interest (Perceived) in Marysville Joint Unified School District Site visits: The Grand Jury attended one meeting of the MJUSD Bond Oversight Committee and one meeting of the MJUSD Board of Trustees. No other site visits were conducted or deemed necessary. Discussion and Narrative: Through searches of public domain records and testimony by several individuals it was found and confirmed that, at the time of hiring, the current Facilities Manager for MJUSD was married to an employee of an architectural firm doing considerable contractual business with MJUSD. Of $16,237,028 spent on architectural contracts between 2004 and 2014, the firm in question received $8,730,340, or about 53.8% of all monies spent on architectural services. Nine other architectural firms received a combined total of $7,506,688 or about 46.2%. (See Figure 1, below.) The Facilities Manager for MJUSD was hired on May 9, 2007, directly from the architectural firm by the former Superintendent of Business Services. The Facilities Manager’s former employer received over half of the monies spent by MJUSD for architectural services for every year from 2007 to 2013. That same firm received just 3.7% of all the money spent by MJUSD for architectural services during the years 2004 – 2006, with over 96% going to other firms. Figure 1. Percentage of MJUSD’s total expenditures for architectural services by year. The blue segment of the bars represents the percentage received by the Facilities Manager’s former Conflict of Interest (Perceived) in Marysville Joint Unified School District employer. The green portion represents the percentage received by nine other architectural firms combined. It was reported to the Grand Jury during interviews that measures were taken inside the architectural firm to compartmentalize this employee, the spouse of the Facilities Manager, away from all aspects of business relations and contracts with the MJUSD. Whether or not the Facilities Manager’s spouse participated in business relationships with MJUSD is not the issue. The spouse obviously has a financial interest in the success of the architectural firm, and there is at least the appearance of a conflict of interest in the Facilities Manager’s participation in the process of contracting with that architectural firm. The MJUSD board of trustees has the final say in who is hired by the District. Of the two board members interviewed, one member knew of the Facilities Manager’s spousal relationship with the employee of the architectural firm, and one did not know. Upon recommendation by the former business manager for MJUSD, this individual was hired as Director of Design, and then later promoted to Facilities Manager. The Director of Design was a new position initiated in 2006 by the District, for which no formal written job description existed. This position was classified as having a regular probationary employee on track for permanent status. At that time, the former MJUSD Business Services Superintendent directed the person holding this position’s duties. At the time of the Grand Jury investigation, no formal written job description delineating duties or responsibilities had ever existed for this position. The Grand Jury has found that the opening for the position of Director of Design was advertised in a trade journal and that four applicants applied for the job, with two being selected for further consideration. Upon resignation of the prior Facilities Manager, the new Director of Design was promoted into the higher paying vacancy. The position of Director of Design was then eliminated. No yearly employee evaluations have been submitted to the Personnel Department for any of the positions held by the current Facilities Manager.
R11:
Ensure that SWITRS and the City of Marysville data, particularly for injury and fatal collisions, are concordant.
R12:
The Airport Manager fill the positions vacated by the two employees who retired, in order to maintain airport operations.
R13:
The Golden West Air Show improve publicity and marketing.
R14:
Airport funding for improvements be obtained through a combination of grants, federal, state and county funds. Commendations: C1. The Grand Jury commends the Airport Manager for contracting a local farmer to provide the equipment and labor to cut a perimeter fire break around the airport in exchange for agricultural use of some of the airport land. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: Yuba County Airport Manager Yuba County Administrative Services Director Yuba County Supervisors The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act.
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Findings & Recommendations
5 findings
F1:
There were State mandated criteria followed by CWS staff before the removal of a child.
F2:
CWS staff follows established guidelines for due process. CWS’s procedural steps are designed to protect the welfare of children through due process.
F3:
CWS supervisors and staff receive ongoing training.
F4:
CWS staff is deputized by the Yuba County Sheriff’s Department.
F5:
CWS successfully utilizes an intern program to mentor, train, and employ future social workers.
Additional Recommendations
1
Not linked to specific findings.
R1:
The Grand Jury recommends CWS staff continue the use of the intern program to mentor, train, and employ future social workers. Commendations: The Grand Jury commends the CWS staff for: C1. Strictly conforming to State mandates and due process 2013-2014 Yuba County Grand Jury Final Report Yuba County Health and Human Services Child Welfare Services C2. The successful use of their intern program to mentor, train, and employ future social workers Request for Responses: Pursuant to California Penal Code section 933.05, the Grand Jury requests responses as follows: From the following: Child Welfare Services (CWS) of the Yuba County Health and Human Services Department (HHS) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
3 findings
F1:
The Grand Jury finds that Wheatland Elementary School is a pleasant and safe campus, and there is complete support from the Wheatland School District and its board of trustees.
F2:
The Grand Jury finds that there are on-going upgrades to the grounds in the form of solar panels, fencing and play areas. There are plans to upgrade the security cameras in the near future.
F3:
The Grand Jury found that all doors have an inexpensive device placed on them to ensure that the doors can be quickly secured from the inside.
Additional Recommendations
1
Not linked to specific findings.
R1:
The Grand Jury recommends that the low fence on the north side of the bus loop be replaced with a higher fence. Commendations: C1. The Grand Jury commends the Wheatland School District for its continuing support of its students, teachers and staff. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: Wheatland School District The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
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Findings & Recommendations
6 findings
F1:
Conflict of Interest: The Grand Jury finds that the current MJUSD Facilities Manager was hired into a position established in 2007, to act as a contractual liaison with architectural firms, including one that received approximately sixty percent of the MJUSD’s architectural contracts and approximately 54% of all expenditures for architectural services. The MJUSD Facilities Manager has had a spousal relationship that is perceived as influential with the architectural firm since the date of hiring. Taken together, these facts manifest the appearance of a conflict of interest.
F2:
Board By-Law Violations: The Grand Jury finds that the MJUSD violated established board by-laws by hiring an employee with known affiliations or connections to district contractors and who therefore has a potential conflict of interest. (Board By-Laws 9270) 2013-2014 Yuba County Grand Jury Final Report Conflict of Interest (Perceived) in Marysville Joint Unified School District
F3:
State Code Infractions: The Grand Jury finds that the MJUSD violated State of California Government Code 1090, Contractual Conflicts of Interest; All Contracts.
F4:
MJUSD Advertising Job Vacancies: The Grand Jury finds that the MJUSD advertised the position of Director of Design in only a single professional trade magazine.
F5:
Contract Bidding: The Grand Jury finds that the Facilities Manager of MJUSD (prior MJUSD Director of Design) is involved with all of the aspects of contract bidding; preliminary discussions, negotiations, compromises, reasoning or selection of project, and drawing of plans and specifications, with the exception of solicitation of contract bids. The Facilities Manager of MJUSD had a perceived influence with the contract bids.
F6:
Job Duties and Descriptions: The Grand Jury finds that the Facilities Manager’s position in MJUSD has no formal written or established job duties, job description or responsibilities.
Additional Recommendations
5
Not linked to specific findings.
R1:
Conflict of Interest: The Grand Jury recommends that the MJUSD resolve the perceived conflict of interest between the Facilities Manager and the architectural firm.
R2:
Board By-Law Violations: The Grand Jury recommends the MJUSD follow established Board By-Laws regarding district contractors and conflict of interest. (Board By-Laws 9270)
R3:
State Code Infractions: The Grand Jury recommends the MJUSD follow established State of California Government Code 1090, Contractual Conflicts of Interest; All Contracts.
R4:
Contract Bidding: The Grand Jury recommends that the Board of Trustees or designee of MJUSD not execute any contracts with a contractor perceived as having a conflict of interest.
R5:
Job Duties and Descriptions: The Grand Jury recommends that the Superintendent of MJUSD establish formal job duties, descriptions and responsibilities for the position of Facilities Manager. 2013-2014 Yuba County Grand Jury Final Report Conflict of Interest (Perceived) in Marysville Joint Unified School District Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: From the following entities with separate responses: Superintendent of MJUSD MJUSD Assistant Superintendent, Personnel Services MJUSD Board of Trustees The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
5 findings
F1:
Staffing is minimally adequate to meet the needs of resident juveniles. Juvenile hall has been authorized to hire two new staff members in the near future.
F2:
Current camera monitoring system and its ability to record is not adequate for the current needs of the facility. 2013-2014 Yuba County Grand Jury Final Report Yuba County Juvenile Facilities
F3:
Due to one on one, individually tailored policy changes, staff is instilling a sense of tolerance and respect in housed juveniles towards each other and members of the community.
F4:
Staff and volunteers within Juvenile Hall are well trained and show a level of care and concern towards the residents above what is expected.
F5:
The needs of housed offenders are being met, including an internal grievance system.
Additional Recommendations
2
Not linked to specific findings.
R1:
Yuba County Supervisors make additional funding available to the facility manager to maintain compliance with established State environmental health standards.
R2:
Yuba County Supervisors provide funding to upgrade the existing inadequate security camera system. Request for Responses: Pursuant to California Penal Code section 933.05, the Grand Jury requests responses as follows: From the following: Yuba County Board of Supervisors The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
18 findings
F1:
There is a risk of intruders entering the campus grounds from the southeast side of the playground through the olive grove or students going into the olive grove without supervision. The olive grove is not maintained, and is thick with underbrush, providing perfect places for people to hide or to conceal objects.
F2:
There is no door, or outside exit route, from room 14, the sixth grade classroom, in the corner of the building at the end of the hall.
F3:
Sound damping panels are needed to reduce noise that affects student learning in classrooms.
F4:
Funding is needed for a full-time principal at Foothill Intermediate School. Continuity Report: Foothill Intermediate School
F5:
A safe and high-quality learning environment at Foothill Intermediate School is compromised by the characteristics of the main building and its improvised walls and hallways.
F6:
Security cameras still have not been upgraded or replaced.
F7:
The Street blocked off from city traffic (7th Street) during school hours is in hazardous disrepair with numerous potholes, broken and sunken curbs, uneven sidewalks and trees pushing through the concrete. Children cross and play in this street for recess activities, and physical education class. When there is an evacuation drill, the meeting area is in the playground on the north side of the Street.
F8:
There is inadequate parking for staff and parents.
F9:
Due to location, there is often police activity in the proximity of the school that has not been brought to the attention of the administrator so that proper action can be taken.
F10:
The cafeteria/multipurpose room with a capacity of 300 is not large enough for a student body of over 500, and has inadequate cafeteria storage space. Cedar Lane Elementary:
F11:
There are no security cameras on the campus.
F12:
There are no marked crosswalks or sidewalks near the bus pickup/drop off area, nor proper signage referring to school area crosswalks or designated bike paths. This poses a safety issue as there are many pedestrians and bicycle riders.
F13:
During the time period 2007-2012, number of accidents at non-RLC intersections (the City of Marysville data) account for a stable percentage of total accidents in Marysville.
F14:
Number of accidents at RLC intersections account for a relatively small percentage of total accidents in Marysville, so that use of citywide collision data to justify safety effects of RLC usage appears to be inappropriate. City of Marysville Red Light Camera Program
F15:
During the time period 2007-2012, there were no fatal accidents at RLC intersections.
F16:
There are broad discrepancies between the City of Marysville collision data and the State of California collision data available through TASAS.
F17:
RLCs at 3rd & F and at 10th & Ramirez result in citations almost exclusively for right-turn- on-red violations, and safety would be better served by engineering countermeasures.
F18:
RLCs at 3rd & E and at 9th & E result in approximately half of citations for right-turn-on-red violations, and safety would be better served by engineering countermeasures.
Additional Recommendations
14
Not linked to specific findings.
R1:
Provide funding for a fence to be erected on the southeast side of the campus between the olive orchard and the playground to reduce the potential for intruders entering the grounds or students exiting the grounds without permission.
R2:
Construct an alternative exit from room 14, the classroom at the end of the sixth grade hallway.
R3:
Install sound damping panels to reduce noise that affects student learning in classrooms
R4:
Assign a full-time administrator when enrollment increases at Foothill School.
R5:
Make alterations to the Foothill Intermediate School main building in order to provide and maintain a safe and high-quality learning environment at Foothill School while the district is looking for a new location for the school.
R6:
Assign priority to the installation of the Foothill security cameras as soon as the DSA application is approved. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: MJUSD Superintendent MJUSD Superintendent of Business Services MJUSD Board of Trustees The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Wheatland Elementary School Wheatland Elementary School Summary: The 2013-14 Grand Jury is conducting an investigation of the safety and security of elementary schools in the county. The Grand Jury elected to extend that investigation to include Wheatland School District (WSD) elementary schools. Introduction and background: The Wheatland School District has three schools within their jurisdiction with approximately 1300 enrolled students. Wheatland Elementary School (WES) has an enrollment of 325 students. The Elementary School was re-opened in 2012 after having been closed in 2009 due to a low enrollment. Due to a high number of military dependents enrolled, WES receives impact aid from the federal government. This program is for military students whose families live and work on military installations. Methodology and Approach: The Grand Jury conducted a tour of the school provided by the principal. During the visit school staff answered questions, and provided documents for review. The Grand Jury developed a school visitation plan for touring schools, ensuring that the same areas were observed at all schools visited in Yuba County. All areas were observed that had relevance to students and staff safety and security. The Grand Jury also inquired into support available for students. Documents: Wheatland Elementary School’s website can be accessed at: http://wes.wheatlandsd.com/index.html The Wheatland School District Calendar is available at: http://www.wheatlandsd.com/documents/Copy%20of%20District%20Calendar%202013- 14%20with%20Dates.pdf The free school breakfast program is described at: http://www.wheatlandsd.com/documents/Free%20Breakfast%20Letter.pdf A description and video of the door safety device used at Wheatland Elementary School can be found on the manufacture’s website at: http://globalinnovationsco.com/ Site visits: The Grand Jury toured Wheatland Elementary School on February 13, 2014. Wheatland Elementary School Discussion and Narrative: The Grand Jury visited Wheatland Elementary School on February 13, 2014. At the time of the visit there were 325 students enrolled with a waiting list for intra-district transfers. The school accommodates Kindergarten to Third grade students as well as a Special Day Class (SDC). A Kindergarten/First grade classroom had just been added in January 2014. Currently there are fifteen regular-education teachers and one SDC teacher. The school had just been reopened in 2012 due to overcrowding at Bear River School. It was decided to make Wheatland Elementary a K-3 campus, and Bear River a 4-8 campus. There were the following student support staff and services: A Health Clerk is on campus from 10AM-1PM daily. A counselor is available on Wednesdays and Fridays. The large library has a full-time librarian. VICTOR (Victim Witness Program) supports students as needed. There is an after school program that includes a Homework Club until 6PM. Each child receives a daily free breakfast, with some of the cost absorbed by the district. A Family Resource Center (FRC). Figure 1. The inexpensive door security device installed on Wheatland Elementary School’s door jams. Most school doors open to the outside and can be locked with a key only from the outside, a risky action in the event of a school invasion emergency. To use this device, the door is kept locked from the outside. When the device is in the position shown on the left, the door, closing from the right, is held slightly ajar and, therefore, does not latch. When the device is flipped to the position shown on the right, the door can be pulled completely closed and latched. Wheatland Elementary School Upon entry to the school, each visitor must sign in. After a certain time all entrances are locked, except the office, requiring any visitors to come through that entrance. Each teacher has a key for the outside locks. Thirteen outside surveillance cameras are in operation, and there are plans to upgrade the system. Monthly fire drills are conducted, as well as yearly lock-down drills. Currently no inside window coverings are in the classrooms, but the windows are tinted. Tests have been done during lock-downs to see if students can be seen and they cannot. The principal has placed a seven-dollar device on every door to make it possible for the doors to be secured from the inside. (See figure 1, above.) Wheatland Elementary places an emphasis on community relations through parent involvement. A large housing development is adjacent to the rear of the school campus. This provides the school with extra awareness from parents who regularly walk their children to and from school. The modernized kitchen serves balanced meals based on State of California nutritional guidelines. The large gymnasium/cafeteria, with a capacity of 500, also serves as a community meeting center. Figure 2. The low fence on the north side of the bus loop. Some of the school’s solar panels are visible in the background. Wheatland Elementary School The Grand Jury observed solar panels that have recently been installed. Other upgrades were also observed, such as new wrought iron fencing around the entrance area. Upgraded play areas with new enclosures were installed on the playground. Although the grounds are completely fenced, some of the fences were of insufficient height to provide adequate security. (See figure 2, above.) It was stated that changes for safety are an ongoing process, and that there is complete support from the Wheatland School District.
R7:
The Administrator discuss with the Marysville Police Department, at their monthly safety meetings, an appropriate notification plan for potentially dangerous activity within its neighborhood.
R8:
The District provide funding for the construction or purchase of adequate cafeteria storage. Cedar Lane Elementary School: The Grand Jury recommends:
R9:
Security cameras be installed in strategic outside locations.
R10:
The District consult with the Public Works Department and install proper signage, sidewalks and crosswalks in the bus pickup/drop off locations. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: MJUSD Board of Trustees Superintendant, MJUSD Principal, Arboga Elementary R1-R3 Principal, Covillaud Elementary R4-R8 Marysville Unified Elementary Schools Safety and Security Principal, Cedar Lane Elementary R9-R10 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Conflict of Interest (Perceived) in Marysville Joint Unified School District Conflict of Interest (Perceived) in Marysville Joint Unified School District Summary: As a result of a citizen’s complaint, an investigation by the Yuba County Grand Jury has found that a perceived conflict of interest exists in the Marysville Joint Unified School District (MJUSD). Introduction and background: The Grand Jury received a citizen’s complaint regarding questionable activity in the MJUSD concerning the hiring procedures for the current Facilities Manager (formerly the MJUSD Senior Project Manager) and how that position was filled. The complaint stated that the Facilities Manager is married to an employee of an architectural company whose firm received a substantial portion of the MJUSD architectural contracts. The Grand Jury discussed this complaint and elected to proceed with an investigation. After an investigation, the Grand Jury found that the MJUSD Senior Project Manager was hired to act as a liaison with architectural firms, including one that received approximately sixty percent of the MJUSD’s architectural contracts. The MJUSD Senior Project Manager has a spousal relationship with an employee of the architectural firm, which is perceived as influential. The Grand Jury found that the MJUSD allowed established board by-laws to be violated by hiring employees with known affiliations or connections to district contractors, and therefore, appears to have conflict of interest (Board By-Laws 9270). The Grand Jury also found that the MJUSD violated State of California Government Code 1090, Contractual Conflicts of Interest; All Contracts, quoted below: “Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.” Upon investigation, the Grand Jury found that the MJUSD advertised the Facilities Manager position in one professional trade journal. The MJUSD did not advertise the position in any other public forum. The Grand Jury determined that the MJUSD Facilities Manager is involved in all aspects of the contract bidding process, including preliminary discussions, negotiations, compromises, reasoning or selection of projects, and the drawing of plans or specifications. The Facilities Manager is apparently not involved in the solicitation of contract bids. However, the Grand Jury determined that the Facilities Manager has important discretionary functions in MJUSD’s contract bidding process; this not a mere clerical or administrative position. The Grand Jury found that the position of Facilities Manager of MJUSD has no written formal or Conflict of Interest (Perceived) in Marysville Joint Unified School District established job duties, job description or responsibilities. It was reported to the Grand Jury that there have been no personnel performance evaluations conducted for the Facilities Manager from the date of hiring to the present. The Facilities Manager formerly reported directly to the previous Superintendant of Business Services, who resigned in December 2013. The Grand Jury also found that the MJUSD Facilities Manager is married to a principal employee in an architectural firm that does substantial business with MJUSD, thus creating at least the appearance of a conflict of interest. Methodology and Approach: The Grand Jury interviewed three MJUSD administrators, a manager in the MJUSD, two current board members, the Yuba County Deputy County Counsel and the Yuba County District Attorney. In addition to the interviews, the Grand Jury asked for and received multiple documents related to the investigation and performed public records searches via the internet and accessible databases. Documents: Public Documents Marysville Joint Unified School District 9000 Board Bylaws 9270, accessible at http://www.mjusd.k12.ca.us/board/policies Government Code Section 1090 (http://www.leginfo.ca.gov/cgi- bin/displaycode?section=gov&group=01001-02000&file=1090-1099) Conflict of Interest Form 700 for employees within the MJUSD accessible through the MJUSD website (http://www.mjusd.k12.ca.us/board/policies) Project summaries as provided by the Bond Oversight Committee of MJUSD (http://www.mjusd.k12.ca.us/district/bond_oversight_committee) MJUSD Budgets for years 2012/2013 and 2013/2014 (http://www.mjusd.k12.ca.us/district/budget/) The Grand Jury also consulted the following documents that are not available to the public online: Legal guidance citing precedent and justification from advisors to the Yuba county Grand Jury Measures H and P Account Summary Balance sheets from 2006 to 2014 Payment histories for Architectural firms doing business with MJUSD Conflict of Interest (Perceived) in Marysville Joint Unified School District Site visits: The Grand Jury attended one meeting of the MJUSD Bond Oversight Committee and one meeting of the MJUSD Board of Trustees. No other site visits were conducted or deemed necessary. Discussion and Narrative: Through searches of public domain records and testimony by several individuals it was found and confirmed that, at the time of hiring, the current Facilities Manager for MJUSD was married to an employee of an architectural firm doing considerable contractual business with MJUSD. Of $16,237,028 spent on architectural contracts between 2004 and 2014, the firm in question received $8,730,340, or about 53.8% of all monies spent on architectural services. Nine other architectural firms received a combined total of $7,506,688 or about 46.2%. (See Figure 1, below.) The Facilities Manager for MJUSD was hired on May 9, 2007, directly from the architectural firm by the former Superintendent of Business Services. The Facilities Manager’s former employer received over half of the monies spent by MJUSD for architectural services for every year from 2007 to 2013. That same firm received just 3.7% of all the money spent by MJUSD for architectural services during the years 2004 – 2006, with over 96% going to other firms. Figure 1. Percentage of MJUSD’s total expenditures for architectural services by year. The blue segment of the bars represents the percentage received by the Facilities Manager’s former Conflict of Interest (Perceived) in Marysville Joint Unified School District employer. The green portion represents the percentage received by nine other architectural firms combined. It was reported to the Grand Jury during interviews that measures were taken inside the architectural firm to compartmentalize this employee, the spouse of the Facilities Manager, away from all aspects of business relations and contracts with the MJUSD. Whether or not the Facilities Manager’s spouse participated in business relationships with MJUSD is not the issue. The spouse obviously has a financial interest in the success of the architectural firm, and there is at least the appearance of a conflict of interest in the Facilities Manager’s participation in the process of contracting with that architectural firm. The MJUSD board of trustees has the final say in who is hired by the District. Of the two board members interviewed, one member knew of the Facilities Manager’s spousal relationship with the employee of the architectural firm, and one did not know. Upon recommendation by the former business manager for MJUSD, this individual was hired as Director of Design, and then later promoted to Facilities Manager. The Director of Design was a new position initiated in 2006 by the District, for which no formal written job description existed. This position was classified as having a regular probationary employee on track for permanent status. At that time, the former MJUSD Business Services Superintendent directed the person holding this position’s duties. At the time of the Grand Jury investigation, no formal written job description delineating duties or responsibilities had ever existed for this position. The Grand Jury has found that the opening for the position of Director of Design was advertised in a trade journal and that four applicants applied for the job, with two being selected for further consideration. Upon resignation of the prior Facilities Manager, the new Director of Design was promoted into the higher paying vacancy. The position of Director of Design was then eliminated. No yearly employee evaluations have been submitted to the Personnel Department for any of the positions held by the current Facilities Manager.
R11:
Ensure that SWITRS and the City of Marysville data, particularly for injury and fatal collisions, are concordant.
R12:
The Airport Manager fill the positions vacated by the two employees who retired, in order to maintain airport operations.
R13:
The Golden West Air Show improve publicity and marketing.
R14:
Airport funding for improvements be obtained through a combination of grants, federal, state and county funds. Commendations: C1. The Grand Jury commends the Airport Manager for contracting a local farmer to provide the equipment and labor to cut a perimeter fire break around the airport in exchange for agricultural use of some of the airport land. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: Yuba County Airport Manager Yuba County Administrative Services Director Yuba County Supervisors The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act.
Findings & Recommendations
18 findings
F1:
Accident frequencies have not been the sole consideration for RLC usage.
F2:
2003 accident data used to justify initial RLC installations cannot be substantiated by City of Marysville due to data purging.
F3:
2003 accident data used to justify initial RLC installation conflict with TASAS collision data.
F4:
TASAS collision data did not justify RLC installation at 10th & G or at 3rd & E.
F5:
TASAS collision data did not justify City of Marysville’s request for RLC installation at 12th & B.
F6:
TASAS collision data did justify City of Marysville’s request for RLC installation at 9th & E.
F7:
The City of Marysville data do not justify RLC installation at 3rd & F or at 10th & Ramirez.
F8:
Statements by the City of Marysville officials to support claims of effects of RLCs on safety sometimes refer to citywide collision data and sometimes refer to collisions at RLC intersections.
F9:
Statements by the City of Marysville officials to support claims of effects of RLCs on safety cite data that cannot be substantiated.
F10:
Statements by the City of Marysville officials to support claims of effects of RLCs on safety cite conflicting data.
F11:
Statements by the City of Marysville officials to support claims of effects of RLCs on safety omit reference to data that do not support the assertion of safety improvement.
F12:
During the time period 2007-2012, number of accidents at RLC intersections (the City of Marysville data) account for an increasing percentage of total accidents in Marysville.
F13:
During the time period 2007-2012, number of accidents at non-RLC intersections (the City of Marysville data) account for a stable percentage of total accidents in Marysville.
F14:
Number of accidents at RLC intersections account for a relatively small percentage of total accidents in Marysville, so that use of citywide collision data to justify safety effects of RLC usage appears to be inappropriate. 2013-2014 Yuba County Grand Jury Final Report City of Marysville Red Light Camera Program
F15:
During the time period 2007-2012, there were no fatal accidents at RLC intersections.
F16:
There are broad discrepancies between the City of Marysville collision data and the State of California collision data available through TASAS.
F17:
RLCs at 3rd & F and at 10th & Ramirez result in citations almost exclusively for right-turn- on-red violations, and safety would be better served by engineering countermeasures.
F18:
RLCs at 3rd & E and at 9th & E result in approximately half of citations for right-turn-on-red violations, and safety would be better served by engineering countermeasures.
Additional Recommendations
11
Not linked to specific findings.
R1:
Remove the RLC at 3rd & F and utilize engineering countermeasures to minimize right turn violations.
R2:
Remove the RLC at 10th & Ramirez and utilize engineering countermeasures to minimize right-turn-on-red violations.
R3:
Utilize engineering countermeasures to minimize right-turn-on-red violations at 3rd & E and 9th & E.
R4:
Post a speed limit sign approaching the RLC at 10th & Ramirez Streets intersection.
R5:
Ensure that any traffic signal right-turn arrows or left-turn arrows utilized at RLC approaches have the same yellow light interval as straight-through yellow light intervals.
R6:
Increase yellow light intervals at all RLC intersections to at least one second longer than legally required minimums in order to minimize violations.
R7:
Post complete statistical data for RLC approaches on the City of Marysville Police Department webpage. These data should include past and current accident statistics that are consistent with TASAS, including data for types of accidents. These data should also include number of citations issued for right-turn violations, left-turn violations, and straight- through violations. 2013-2014 Yuba County Grand Jury Final Report City of Marysville Red Light Camera Program
R8:
Not install further RLCs without providing complete collision data for the intersection in question. These data should include traffic volumes, types of collision, whether collisions were in the intersection or not, and any other material to provide information consistent with TASAS.
R9:
Not install further RLCs without providing complete information about engineering countermeasures that have been used.
R10:
Utilize volunteers to assist with the submission of all collision data on state highways within the City of Marysville to SWITRS, so that state databases accurately reflect accident volumes within the City of Marysville.
R11:
Ensure that SWITRS and the City of Marysville data, particularly for injury and fatal collisions, are concordant.
Findings & Recommendations
5 findings
F1:
The Yuba County Grand Jury finds that:
The funds allocated towards lake care are inconsistent, and inadequate for providing basic upkeep of the lake, and the surrounding park facilities.
F2:
The Yuba County Grand Jury finds that:
Water enters Ellis Lake by pumping or by rainfall, and leaves the lake by evaporation or by spilling over a weir. Pollutants accumulate, because of limited flushing of the lake.
F3:
The Yuba County Grand Jury finds that:
The periodic unpleasant appearance and odors of the lake are caused by biological processes that are exacerbated by the accumulated pollutants in the lake.
F4:
The Yuba County Grand Jury finds that:
Solar panels installed at various locations by the City of Marysville might supply power economically for Ellis Lake pumps through net metering.
F5:
The Yuba County Grand Jury finds that:
ELRP has developed a plan for alleviating many of the adverse conditions plaguing the lake, and has received city permission to deploy one experimental floating island in the lake.
Additional Recommendations
8
Not linked to specific findings.
R1:
The Marysville Public Works Department be provided more funding for the maintenance of the lake.
R2:
The concentration of pollutants be mitigated by flushing the lake, by increased pumping, and by using the second pump offered by the California Water Service Company.
R3:
The lake be aerated by increased operation of the fountain, until an aeration system can be installed. 2013-2014 Yuba County Grand Jury Final Report City of Marysville Maintaining Ellis Lake
R4:
The Marysville Public Works Department consider constructing a solar panel array and apply net metering to offset the cost of power used to operate the pumps at Ellis Lake.
R5:
The floating island project be implemented, until a better solution is found that addresses the problems of the lake. Commendation: C1. The Yuba County Grand Jury commends the Marysville Public Works Department for doing the best it can to maintain the lake with limited funds. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: Marysville Public Works Department Marysville City Council Mayor of Marysville Yuba County Water Agency The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report City of Marysville Maintaining Ellis Lake Bibliography: Internet Resource Links 1. Memories; My Seventy-two Years in the Romantic County of Yuba, by W.T. Ellis; with an introduction by Richard Belcher: n. d. (No Date) retrieved May 2, 2014 from: http://lcweb2.loc.gov/cgi-bin/query/r?ammem/calbk:@field(DOCID+@lit(calbk136div6)): 2. Wikipedia, Ellis Lake n. d. retrieved May 2, 2014 from: http://en.wikipedia.org/wiki/Ellis_Lake 3. Wikipedia, Eutrophication n. d. retrieved May 2, 2014 from: http://en.wikipedia.org/wiki/Eutrophication 4. Wikipedia, Botulism. n. d. retrieved http://en.wikipedia.org/wiki/Botulism. 5. Marysville Municipal Code, Parks and Recreation areas: n. d. retrieved May 2, 2014 from: http://www.codepublishing.com/CA/marysville/html/MarysvilleCA16/MarysvilleCA16.html 6. The company that is offering a solution to Ellis Lake water conditions has a website here: n. d. retrieved May 2, 2014 from: http://www.floatingislandswest.com/ 7. Ellis Lake Restoration Project’s Facebook page is here: n. d. retrieved May 2, 2014 from: https://www.facebook.com/helpellislakeprosper 8. In 2008, Ellis Lake received a makeover from a then recent history of major problems, described in the Yuba College Prospector here: April 29, 2008, retrieved May 2, 2014 from: http://www.theprospector.org/2008/04/the-ruin-and-recovery-of-ellis-lake/ 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
R6:
The company that is offering a solution to Ellis Lake water conditions has a website here: n. d. retrieved May 2, 2014 from: http://www.floatingislandswest.com/
R7:
Ellis Lake Restoration Project’s Facebook page is here: n. d. retrieved May 2, 2014 from: https://www.facebook.com/helpellislakeprosper
R8:
In 2008, Ellis Lake received a makeover from a then recent history of major problems, described in the Yuba College Prospector here: April 29, 2008, retrieved May 2, 2014 from: http://www.theprospector.org/2008/04/the-ruin-and-recovery-of-ellis-lake/ 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
12 findings
F1:
There is no established mechanism among the Yuba County cemetery districts for exchanging information about their experiences operating the cemeteries. A Yuba County cemetery district’s association would facilitate the exchange of knowledge and experience about best practices.
F2:
The cost of the legally mandated annual audits has prevented many Yuba County cemetery districts from fully complying with this requirement. Nevertheless, it is in both the county government’s and the public’s interest that tax supported agencies be financially accountable.
F3:
Cemetery boards of trustees contact information is posted near the entrance at some cemeteries, but not all. In a few cases, prices and policies are posted at cemetery entrances, but this is the exception rather than the rule. None of this information is 2013-2014 Yuba County Grand Jury Final Report Yuba County Cemetery Districts available online. All of this information should be readily available to the public at all cemeteries and online.
F4:
Camptonville Community Service District maintains a web page about the Camptonville Cemetery here: n. d. Retrieved March 12, 2014 from: http://www.camptonville.com/storyproject/cemetery_splashpage.html
F5:
Camptonville Community Courier n. d. Retrieved March 13, 2014 from: http://www.camptonville.com/the_courier.html
F6:
Public Cemetery Alliance, n. d. Retrieved March 12, 2014 from: http://www.publiccemeteryalliance.com/
F7:
The Public Cemetery District law is now part of the California Health and Safety Code (Division 8, Chapters one through eight), which can be found at this website: n. d. Retrieved February 26, 2014 from: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc
F8:
Wikipedia. Special-purpose district. n. d. retrieved January 13, 2014 from: http://en.wikipedia.org/wiki/Special_districts
F9:
Yuba LAFCO Countywide MSR - Findings Adopted July 24, 2008. Retrieved January 13, 2014 from http://www.yubalafco.org/uploads/1/1/4/5/11454087/final_countywide_yuba_msr_findings. pdf
F10:
Yuba LAFCO Countywide MSR - Background Report. Adopted July 24, 2008. Retrieved January 13, 2014 from: http://www.yubalafco.org/uploads/1/1/4/5/11454087/final_countywide_yuba_msr_backgrou nd_report.pdf 2013-2014 Yuba County Grand Jury Final Report Yuba County Cemetery Districts
F11:
Yuba LAFCO Countywide MSR - Appendix A. Adopted July 24, 2008. Retrieved January 13, 2014 from: http://www.yubalafco.org/uploads/1/1/4/5/11454087/final_countywide_yuba_msr_appendix _a.pdf
F12:
The Yuba Roots website has information about Yuba County cemeteries and the people buried in them. It may be accessed here: n. d. Retrieved March 12, 2014 from: http://www.yubaroots.com/ 2013-2014 Yuba County Grand Jury Final Report
Additional Recommendations
3
Not linked to specific findings.
R1:
The Yuba County Grand Jury recommends that the Yuba County cemetery districts form an association for the purpose of efficiently exchanging information about their experiences operating their respective cemeteries. A cemetery district’s association would facilitate the exchange of hard-won knowledge and experience with best practices.
R2:
The Yuba County Grand Jury recommends that the county and the districts explore ways that would permit the districts to obtain the required annual audits at a reasonable and affordable cost.
R3:
The Yuba County Grand Jury recommends that the county create a web page on its web site for the cemetery districts, that presents for easy public access, the information needed by the public to use the districts’ resources. The information should include: hours of operation, contact information for members of the board of trustees, prices and fees for services and information about how members of the public can support the missions of the districts. Dates, times and location of cemetery district’s Boards of Trustees meetings should also be included. Community outreach posting might also appear here. Commendations: C1. The Yuba County Grand Jury commends and thanks the members of the Yuba County cemetery districts for their dedication and service to the public good. The Yuba County Grand Jury also commends and thanks the employees and volunteers who maintain the cemeteries and keep these historic public resources functioning, often making personal sacrifices to do so. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: From the following governing bodies: Responses to all findings and recommendations. Yuba County Board of Supervisors Yuba County LAFCo Browns Valley Cemetery District Brownsville Cemetery District 2013-2014 Yuba County Grand Jury Final Report Yuba County Cemetery Districts Camptonville Community Service District Keystone Cemetery District Peoria Cemetery District Smartsville Cemetery District Strawberry Valley Cemetery District Wheatland Cemetery District The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report Yuba County Cemetery Districts Bibliography: 1. Butte County cemetery districts web page. n. d. Retrieved March 5, 2014 from http://buttelafco.org/agencies/cemetery-districts 2. California Association of Public Cemeteries n. d. Retrieved March 12, 2014 from: http://www.capc.info/ 3. California State Controller. Special Districts Annual Report for 2011 - 2012 November 22, 2013 retrieved Jan 13, 2014 from: http://www.sco.ca.gov/Files-ARD- Local/LocRep/1112_special_districts.pdf 4. Camptonville Community Service District maintains a web page about the Camptonville Cemetery here: n. d. Retrieved March 12, 2014 from: http://www.camptonville.com/storyproject/cemetery_splashpage.html 5. Camptonville Community Courier n. d. Retrieved March 13, 2014 from: http://www.camptonville.com/the_courier.html 6. Public Cemetery Alliance, n. d. Retrieved March 12, 2014 from: http://www.publiccemeteryalliance.com/ 7. The Public Cemetery District law is now part of the California Health and Safety Code (Division 8, Chapters one through eight), which can be found at this website: n. d. Retrieved February 26, 2014 from: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc 8. Wikipedia. Special-purpose district. n. d. retrieved January 13, 2014 from: http://en.wikipedia.org/wiki/Special_districts 9. Yuba LAFCO Countywide MSR - Findings Adopted July 24, 2008. Retrieved January 13, 2014 from http://www.yubalafco.org/uploads/1/1/4/5/11454087/final_countywide_yuba_msr_findings. pdf 10. Yuba LAFCO Countywide MSR - Background Report. Adopted July 24, 2008. Retrieved January 13, 2014 from: http://www.yubalafco.org/uploads/1/1/4/5/11454087/final_countywide_yuba_msr_backgrou nd_report.pdf 2013-2014 Yuba County Grand Jury Final Report Yuba County Cemetery Districts 11. Yuba LAFCO Countywide MSR -
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Findings & Recommendations
12 findings
F1:
Arboga School is comprised mainly of portable buildings as a result of population growth in that area.
F2:
The cafeteria/multipurpose room has a capacity of 300 occupants and is too small for the enrollment of Arboga School.
F3:
Bond funds are now depleted, so Arboga’s projects that were on The MJUSD’s Facilities Project Summary for updates to the campus, are now on hold. 2013-2014 Yuba County Grand Jury Final Report Marysville Unified Elementary Schools Safety and Security
F4:
The entire campus is not adequately fenced. There is only barbed wire fencing on the Southeast corner behind some portable classrooms.
F5:
There are no security cameras installed on the campus. Covillaud Elementary School:
F6:
There are no security cameras on campus.
F7:
The Street blocked off from city traffic (7th Street) during school hours is in hazardous disrepair with numerous potholes, broken and sunken curbs, uneven sidewalks and trees pushing through the concrete. Children cross and play in this street for recess activities, and physical education class. When there is an evacuation drill, the meeting area is in the playground on the north side of the Street.
F8:
There is inadequate parking for staff and parents.
F9:
Due to location, there is often police activity in the proximity of the school that has not been brought to the attention of the administrator so that proper action can be taken.
F10:
The cafeteria/multipurpose room with a capacity of 300 is not large enough for a student body of over 500, and has inadequate cafeteria storage space. Cedar Lane Elementary:
F11:
There are no security cameras on the campus.
F12:
There are no marked crosswalks or sidewalks near the bus pickup/drop off area, nor proper signage referring to school area crosswalks or designated bike paths. This poses a safety issue as there are many pedestrians and bicycle riders.
Additional Recommendations
10
Not linked to specific findings.
R1:
When bond funds become available, Arboga’s deferred projects, listed in the MJUSD Facilities Project Summary, receive priority consideration.
R2:
The District install adequate fencing around the entire campus.
R3:
Security cameras be installed in strategic outside locations. 2013-2014 Yuba County Grand Jury Final Report Marysville Unified Elementary Schools Safety and Security Covillaud Elementary School: The Grand Jury recommends that:
R4:
Security cameras be installed in strategic outside locations.
R5:
The District comply with California Streets and Highway Code, Section 5610, to repair their portion of the sidewalks and curbs on the section of 7th Street blocked off for use by Covillaud School.
R6:
The District complete the projects planned for Covillaud School listed in The District Project Summary.
R7:
The Administrator discuss with the Marysville Police Department, at their monthly safety meetings, an appropriate notification plan for potentially dangerous activity within its neighborhood.
R8:
The District provide funding for the construction or purchase of adequate cafeteria storage. Cedar Lane Elementary School: The Grand Jury recommends:
R9:
Security cameras be installed in strategic outside locations.
R10:
The District consult with the Public Works Department and install proper signage, sidewalks and crosswalks in the bus pickup/drop off locations. Request for Responses: Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: MJUSD Board of Trustees Superintendant, MJUSD Principal, Arboga Elementary R1-R3 Principal, Covillaud Elementary R4-R8 2013-2014 Yuba County Grand Jury Final Report Marysville Unified Elementary Schools Safety and Security Principal, Cedar Lane Elementary R9-R10 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report
Findings & Recommendations
6 findings
F1:
There is a risk of intruders entering the campus grounds from the southeast side of the playground through the olive grove or students going into the olive grove without supervision. The olive grove is not maintained, and is thick with underbrush, providing perfect places for people to hide or to conceal objects.
F2:
There is no door, or outside exit route, from room 14, the sixth grade classroom, in the corner of the building at the end of the hall.
F3:
Sound damping panels are needed to reduce noise that affects student learning in classrooms.
F4:
Funding is needed for a full-time principal at Foothill Intermediate School. 2013-2014 Yuba County Grand Jury Final Report Continuity Report: Foothill Intermediate School
F5:
A safe and high-quality learning environment at Foothill Intermediate School is compromised by the characteristics of the main building and its improvised walls and hallways.
F6:
Security cameras still have not been upgraded or replaced.
Additional Recommendations
6
Not linked to specific findings.
R1:
Provide funding for a fence to be erected on the southeast side of the campus between the olive orchard and the playground to reduce the potential for intruders entering the grounds or students exiting the grounds without permission.
R2:
Construct an alternative exit from room 14, the classroom at the end of the sixth grade hallway.
R3:
Install sound damping panels to reduce noise that affects student learning in classrooms
R4:
Assign a full-time administrator when enrollment increases at Foothill School.
R5:
Make alterations to the Foothill Intermediate School main building in order to provide and maintain a safe and high-quality learning environment at Foothill School while the district is looking for a new location for the school.
R6:
Assign priority to the installation of the Foothill security cameras as soon as the DSA application is approved.
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Findings & Recommendations
4 findings
F1:
The Yuba County Jail is operating efficiently with well trained staff.
F2:
Additional funding is being provided for AB 109 requirements by the State of California.
F3:
The addition of a Registered Nurse is needed to meet additional medical needs.
F4:
The jail staffing levels are currently increasing for active duty and reserve deputies.
Additional Recommendations
1
Not linked to specific findings.
R1:
The Grand Jury recommends the Yuba County Jail be funded for the addition of a Registered Nurse to meet medical needs. Commendations: C1. The Grand Jury commends the Yuba County Sheriff, the Jail Commander, and jail staff for their dedication to the citizens of Yuba County. 2013-2014 Yuba County Grand Jury Final Report Yuba County Jail Request for Responses: Pursuant to California Penal Code (PC) section 933.05, the Grand Jury requests responses as follows: From the following individual: Yuba County Sheriff The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 2013-2014 Yuba County Grand Jury Final Report 2013-2014 Yuba County Grand Jury Final Report