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HomeMy WebLinkAboutMINUTES - 06122001 - C.4 CA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 12, 2001, by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None ACCEPTED the report from the Grand Jury, Report No. 0102, "Disposition of Discovery House," and REFERRED to the County Administrator. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: June 12, 2001 John Sweeten,Clerk of the Board of Supervisors and County Administrator Deputy Clerk I I A REPORT BY THE 2000-01 CONTRA COSTA COUNTY GRAND JURY 725 Court Street Martinez, California 94553 RECEIVED MAY 2 9 2001 Report No. 0102 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. DISPOSITION OF DISCOVERY HOUSE APPROVED BY THE GRAND JURY: Date: CAROL THEW GRAND JURY FOREMAN ACCEPTED FOR FILING: Date: MICHAEL R. COLEMAN JUDGE OF THE SUPERIOR COURT SECTION 933.(C) & 933.05 STANDARD CALIFORNIA CODE Section 933. Comments and Reports on Grand Jury (4)The recommendation will not be implemented Recommendations because it is not warranted or is not reasonable,with an explanation therefor. (c)No later than 90 days after the grand jury submits a final report on the operations of any public (c)However,if a finding or recommendation of agency subject to its reviewing authority,the governing the grand jury addresses budgetary or personnel matters of body of the public agency shall comment to the presiding a county agency or department headed by an elected judge of the superior court on the findings and officer,both the agency or department head and the board recommendations pertaining to matters under the control of of supervisors shall respond if requested by the grand jury, the governing body,and every elected county officer or but the response of the board of supervisors shall address agency head for which the grand jury has responsibility only those budgetary or personnel matters over which it has pursuant to Section 914.1 shall comment within 60 days to some decision making authority. The response of the the presiding judge of the superior court,with an elected agency or department head shall address all aspects information copy sent to the board of supervisors,on the of the findings or recommendations affecting his or her .findings and rccdmmendations pertaining to matters under agency or department. 1 the control of that county officer or agency head and any _. agency or agencies which that officer or agency had (d)A grand jury may request a subject person or supervises or controls. In any city and county,the mayor entity to come before the grand jury for the purpose of shall also comment on the findings and recommendations. reading and discussing the findings of the grand jury report All of these comments and reports shall forthwith be that relates to that person or entity in order to verify the submitted to the presiding judge of the superior court who accuracy of the findings prior to their release. impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the (c)During an investigation,the grand jury shall public agency and the office of the.county clerk,or the meet with the subject of that investigation regarding the mayor when applicable,and shall remain on file in those investigation,unless the court,either on its own i offices. One copy shall be placed on file with the determination or upon request of the foreperson of the applicable grand jury final report by,and in the control of grand jury,determines that such a meeting would be i the currently impaneled grand jury,where it shall be detrimental. maintained for a minimum of five years.Leg.H.1961 ch. i 1284, 1963 ch.674. 1974 chs.393,1396, 1977 chs. 107, (f)A grand jury shall provide to the affected 187,1980 ch.543, 1981 ch.203, 1982 ch. 1408, 1985 ch. agency a copy of the portion of the grand jury report 221, 1987 ch.690, 1988 ch. 1297, 1997 ch.443,1988 ch. relating to that person or entity two working days prior to 230. its public release and after the approval of the presiding judge. No officer,agency,department,or governing body Section 933.05(Partial)Response to Grand Jury of a public agency shall disclose any contents of the report Recommendations-Content Requirements... prior to the public release of the final report. (a)For purposes of subdivision(b)of Section 933,as to each grand jury finding,the responding person or entity shall indicate one of the following: (1)The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding,in which case the response shall specify the portion of the finding that is disputed arld shall include an explanation of the reasons therefor.. (b)For purposes of subdivision(b)of Section 933,as to each grand jury recommendation,the responding person or entity shall report one of the following actions: (1)The recommendation has been implemented, with a summary regarding the implemented action. (2)The recommendation has not-yet been implemented,but will be implemented in the future,with a + timeframe for implementation. (3)The recommendations requires further i analysis,with an explanation and the scope and parameters of an analysis or study,and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. I CONTRA COSTA COUNTY JURY REPORT NO. 0102 Disposition of Discovery House BACKGROUND Discovery House is the County owned, State licensed, residential Alcohol and Other Drug residential treatment facility located at 4639 Pacheco Blvd., Pacheco. The building itself is a frame structure that was barged to this site after surviving the Port Chicago blast. It was utilized as a four-unit apartment building until condemned in 1970. Contra Costa County purchased the property and converted it to Discovery House with operation beginning in 1971. Discovery House has a capacity for 24 males and has operated at full capacity since opening with a waiting list of up to 160 applicants for the.current year. Discovery House is operated by County Health Services through its Substance Abuse Services. Discovery House has long been established in this light industrial neighborhood. Contra Costa County Department of Public Works has planned a realignment of Pacheco Blvd. which will adversely impact the use of Discovery House. Work on the realignment is slated to begin in 2002. FINDINGS 1. Discovery House is the only county owned residential treatment facility for substance abuse in Contra Costa County. There are 11 additional, privately owned, residential treatment facilities under contract with the County. 2. Clients who are refused admission by contract facilities, because they are ill or difficult to handle, can be treated at Discovery House. 3. Discovery House has a record of clients who have successfully completed the substance abuse program. These positive results are recognized by Contra Costa County Substance Abuse Services and the support staff of Richmond Drug Court. 4. The Contra Costa County Department of Public Works has determined that it can only purchase the minimum properties necessary to realign Pacheco Blvd. Therefore, the current plan is to purchase a portion of the northern side of the residential lot east of Discovery House for right of way use. 5. As planned, the Pacheco Blvd. realignment will deprive Discovery House of all the areas needed and used for outdoor recreation, gardening and storage of food, supplies and equipment. Further, the only structure for group therapy meetings and dining will be demolished and lost for use. 1 . 3 6. Contra Costa County, through the Department of Public Works, is willing to purchase the entire lot east of Discovery House rather than a portion of it, if it can reach an agreement with the Health Services Department to allow a method of financing over a period of time. 7. Until recently, there has been no planned effort undertaken by the County Department of Health Services, and the Department of Public Works to maintain the Discovery House Program. 8. Proposition 36 will provide annual funding of approximately $3.1 million to Contra Costa County, along with a mandate to treat substance abuse clients rather than confine them in jail or prison. The California Department of Corrections forecasts that 5,388 persons arrested for drug abuse in 2002, will not be incarcerated. But they will still require substance abuse treatment such as the program offered by Discovery House. 9. Recent events such as the community resistance to a mental health facility being placed at a residence on Babel Lane in Concord prove it is very difficult to locate resident treatment facilities in established neighborhoods. 10. According to Juvenile Court statistics, parental substance abuse is implicated in over 85% of our County Court Child Placement hearings. This statistic highlights the widespread effects of substance abuse and the corresponding need for treatment programs within the county. 11. According to portions of the Center on Addiction and Substance Abuse Report, written by Joseph A. Califano, Jr., President of the National Center on Addiction and Substance Abuse at Columbia University, (Jan./98): a. "Drug and alcohol abuse and addiction are implicated in the crimes and incarceration of 80%--some 1.4 million--of the 1.7 million men and women behind bars in America." b. "The cost of proven treatment for inmates accompanied by appropriate education,job training and health care, would average about $6,500 per year. For each inmate who successfully completes such treatment and becomes a taxpaying, law-abiding citizen, the annual economic benefit to society--in terms of avoided incarceration and health care costs, salary earned, taxes paid and contribution to the economy--is $68,800, a tenfold return on investment in the first year." 2 CONCLUSIONS 1. Discovery House is a worthy enterprise providing housing, assistance in job placement, living skills, counseling and a path to substance abuse recovery for its clients and is greatly needed in Contra Costa County. 2. If the property presently used by Discovery House is taken without replacement, the treatment effectiveness will be severely impacted. 3. Proposition 36 will increase the need for substance abuse treatment programs and facilities. RECOMMENDATIONS The Contra Costa County 2000-2001 Grand Jury recommends that the Contra Costa County Board of Supervisors take action to maintain and expand the Discovery House facility as follows: 1. Using available Proposition 36 funding, acquire the entire residential property adjacent to and east of Discovery House, in order to provide the land needed for the realignment of Pacheco Blvd. and replace the areas lost for use to Discovery House. 2. Acquire and install a suitable structure with appropriate sanitary facilities to accommodate a group meeting room and any additional needed space on the acquired property. 3. Study the feasibility of expanding the Discovery House program by the acquisition of additional properties in the nearby area. 3 Cort brand JuryContra 725 OUB Box Costa Martinez, CA 94553-0091 County C`� FE L iw -./ RECEI�EU..s . Ott May 29, 2001q � MAY,. 3 0:2001 CLrr BOARD OF SUPERVISORS CONTRA COSTA CO.. Board of Supervisors 651 Pine Street Martinez, CA 94553 Dear Board of Supervisors: Attached is a copy of Grand Jury Report No. 0102, "Disposition of Discovery House" prepared by the 2000-2001 Contra Costa Grand Jury. In accordance with California Penal Code Section 933.05, this report is being provided to you at least two working days before it is released publicly. Section 933.5(a) of the California Government Code requires that (the responding person or entity shall report one of the following actions) in respect to each finding: (l) "The respondent agrees with the finding." (2) "The respondent disagrees with the finding." (3) "The respondent partially disagrees with the finding." In the cases of both (2) and (3) above, the respondent shall specify the portion of the finding that is disputed, and shall include an explanation of the reasons therefor. In addition, Section 933.05(b) requires that the respondent reply to each recommendation by stating one of the following actions: 1. The recommendation has been implemented, with a summary describing the implemented action. 2. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. 3. The recommendation requires further analysis. This response should explain the scope and parameters of the analysis or study, and a time frame for the matter to be prepared for discussion. This time frame shall not exceed six months from the date of the publication of the Grand Jury Report. cy Board of Directors May 29, 2001 Page 2 4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation thereof. Please be reminded that Section 933.05 specifies that no officer, agency, department or governing body of a public agency shall disclose any contents of the report prior to its public release. Please insure that your response.to the above noted Grand Jury report includes the mandated items. We will expect your response, using the form described by the quoted Government Code, no later than August 27, 2001. To aid you in responding to this report, we have attached a copy of "Guidelines for Responding to a Grand Jury Report." Failure to conform to these requirements could result in your having to resubmit your response. You are also advised that your response becomes a public record upon receipt by the Presiding Judge of the Superior Court. Sincerely, Z�& CAROL THEWS, Foreman 2000-2001 Contra Costa County Civil Grand Jury GUIDELINES FOR RESPONDING TO A GRAND JURY REPORT Penal Code section 933.05 governs how to respond to a Grand Jury Report. Any response not in compliance with section 933.05 will be returned by the Grand Jury for revision. To help you avoid having to revise your response to comply with section 933.05, the Grand Jury provides the following guidelines. Grand Jury reports include.Findings and the Recommendations. Penal Code section 933.05 requires you to respond to each Finding and each Recommendation. 1. You are required to respond to each FINDING in one of the following three ways: 1) Agree with the finding. No further explanation is required. 2) Wholly disagree with the finding. The reasons for your dispute must be explained. 3) Partially disagree with the finding. The portion disputed must be specified. The reasons for your dispute must be explained. Note the following examples of acceptable responses: Example 1: Finding: The [agency] employs 208 workers and has offices in three areas of Contra Costa County. Response: Agree. Example 2: Finding: The [agency] owns the building and the surrounding land. Response: Wholly disagree. The [agency] leases the building and the surrounding land. tAnother entity] owns the building and surrounding land. Example 3: Finding: All employees are required to attend training seminars every year to keep current on changing laws. Response. Partially disagree. All employees but supervisors are required to attend training seminars every year. Supervisors are required to attend training seminars once every two years. 2. You.are required to respond to each RECOMMENDATION in one of the following four ways: 1) The recommendation has been implemented. A summary of the implemented action must be stated. 2) The recommendation has not yet been.implemented, but will be implemented in the future. A time frame for implementation must be stated. 3) The recommendation requires further analysis. An explanation, the scope, and the parameters of the future analysis or study must be set forth. The time frame for preparation of the matter for discussion (including by applicable governing bodies) must be stated. The time frame may not exceed six months from the date of the publication of the Grand Jury report. 4. The recommendation will not be implemented because it is not warranted and/or not reasonable. The reasons for not implementing the recommendation must be explained. Note the following examples of acceptable responses: Example 1: Recommendation: Yearly training should be made mandatory for all employees. Response: The recommendation has been implemented.. Last month, this [agency] adopted and distributed new written policy requiring yearly training for all employees. Example 2: Recommendation: The [agency] should hire additional bilingual employees. Response: The recommendation has not yet been implemented, but will be implemented. The [agency] is currently interviewing employment applicants who are bilingual. We expect to extend employment offers to two such applicants by the end of the current month. Assuming the employment offers will be accepted, this will bring the total of bilingual employees to seven. Example 3: Recommendation: The [agency] should implements ecurity measures for the protection of staff and clients during nighttime hours. Response: The recommendation requires further analysis. The [agency] has begun a study of the feasibility of providing nighttime security. The study is analyzing our security needs, the-use of security guards versus security systems, the costs involved, and the potential sources of funding. We will complete the study by the end of this month and it will be discussed and acted upon by the end of next month. Example 4: Recommendation: The [agency] should acquire the property north of the current parking lot to provide additional parking for staff and clients. Response: The recommendation will not be implemented because it is not warranted or reasonable. The property north of the current parking lot is not for sale. The property is owned by [another agency] that plans to begin construction of an office building on the site in the next two months. However, we are currently negotiating our purchase of the property east of the current parking lot to provide additional parking for staff and clients.