Lake County Grand Jury
2010-2011
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
7 findings
F1:
No local governmental agencies exist in the County that evaluates mold.
Related Recommendations (2)
R1:
Have County government become informed in mold mitigation. (F1, F2)
R2:
Correct County website to remove reference to mold services. (F1) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Community Development Department via Board of Supervisors (90 days) Public Health Department via Board of Supervisors (90 days) Air Quality Management District (90 days) Lakeport City Council (90 days) Clearlake City Council (90 days) 2010-2011 Lake County Civil Grand Jury Ad-Hoc Committee 2010-2011 Lake County Civil Grand Jury Ad-Hoc Committee 2010-2011 Lake County Civil Grand Jury Budget and Finance Committee Table of Contents Oversights County Administration 17 Treasurer – Tax Collector 21 2010-2011 Lake County Civil Grand Jury 2010-2011 Lake County Civil Grand Jury Lake County Administration Summary: The office of the Lake County Administration is responsible for coordinating the establishment of the annual budget and monitoring detailed and overall conformance to that budget. The County’s track record is outstanding with the reserves building each year in spite of the difficult financial times and the State of California’s inability to manage its budget. While the financial discipline is excellent, management pays less attention to monitoring non-financial measures. The Grand Jury recommends that the Board of Supervisors (BOS) establish a set of non-financial goals for the County and each of its departments and monitor for success annually. Background: The County Administration Office is responsible to prepare and administer the County’s annual budget for the BOS and to provide guidance to ensure the financial health of the County. Procedure: The committee reviewed the County Budget Manual, the Recommended Budget, the Adopted Budget, the Midyear Budget Review package and the external auditor’s report. The committee met with the County Administrator on two occasions with specific questions and communicated several times on individual issues. In addition, two members of the committee participated in the presentation and review of the external auditor’s annual report and the selection of the external auditor for the upcoming year. Discussion and Facts: The following facts were obtained from the above mentioned procedure: 1. The budget process for a particular fiscal year begins in January and proceeds step by step as described in the Lake County Budget Manual. At 2010-2011 Lake County Civil Grand Jury the start of the new fiscal year (July 1), the County operates based upon the Recommended Budget until the budget is finalized and adopted in the August / September time frame by the BOS. 2. All department heads prepare a detailed budget request which includes financial goals and a narrative describing operational changes, if any, from the prior year. Lake County Administration and the department heads interact on how to achieve financial goals with minimum cost. Unresolved issues are referred to the BOS. Non-financial goals are not formally established as part of the budgeting process. 3. In prior years, an external auditor had prepared a Comprehensive Annual Financial Report (CAFR) at an additional cost that included several statistics which might be referenced for non-financial goals. However, these were just statistics, not meaningful goals used to drive management action. Because of the added cost and minimal value, the CAFR is no longer included as part of the external audit. 4. Lake County Admin has maintained a significant reserve for several years as sensible budgeting policy. Now, with the State aggressively renewing past threats to shift responsibilities for various programs down to the counties, an impact of a new magnitude faces Lake County; giving Lake County's build-up of reserves an even greater significance. 5. Additional concerns include a potentially reduced revenue base due to a decrease in property taxes because of the downturn in property values. Anticipating the potential of revenue reduction, the County has identified several “At Risk” employee positions. These positions are identified in cooperation with the appropriate department heads. Staff members currently filling these positions are aware of this status and that the potential exists to be laid off. These positions remain “At Risk” until the position becomes vacant as a result of a resignation or transfer or funding status changes in the following fiscal year. 6. Over a million dollars was added to the Code Enforcement Division’s budget by the BOS over a five year period beginning in 2002/03 with the intent that these added dollars be used for the purpose of cleaning up the backlog of cases and improve the visual appearance of the County. However, no goals were set nor assigned to measure the results of the added money. It is not clear that the million dollars had any effect and the administration’s general impression is that it did not. 7. The County recently paid a private consulting firm to conduct a consumer retail analysis throughout Lake County: first, to determine local buying trends and discover items local businesses should add to inventory that will allow Lake County residents to "buy local"; secondly, to entice/recruit new businesses to Lake County - not to compete, but to fill in the gaps. The process is currently being implemented using a local contractor to educate 2010-2011 Lake County Civil Grand Jury
F2:
Since it has been documented that indoor dampness or fungal growth are potential health risks, mold must be eliminated in a safe and efficient manner. Recommendations:
Related Recommendations (1)
R1:
Have County government become informed in mold mitigation. (F1, F2)
F3:
In prior years, an external auditor had prepared a Comprehensive Annual Financial Report (CAFR) at an additional cost that included several statistics which might be referenced for non-financial goals. However, these were just statistics, not meaningful goals used to drive management action. Because of the added cost and minimal value, the CAFR is no longer included as part of the external audit.
F4:
Lake County Admin has maintained a significant reserve for several years as sensible budgeting policy. Now, with the State aggressively renewing past threats to shift responsibilities for various programs down to the counties, an impact of a new magnitude faces Lake County; giving Lake County's build-up of reserves an even greater significance.
F5:
Additional concerns include a potentially reduced revenue base due to a decrease in property taxes because of the downturn in property values. Anticipating the potential of revenue reduction, the County has identified several “At Risk” employee positions. These positions are identified in cooperation with the appropriate department heads. Staff members currently filling these positions are aware of this status and that the potential exists to be laid off. These positions remain “At Risk” until the position becomes vacant as a result of a resignation or transfer or funding status changes in the following fiscal year.
F6:
Over a million dollars was added to the Code Enforcement Division’s budget by the BOS over a five year period beginning in 2002/03 with the intent that these added dollars be used for the purpose of cleaning up the backlog of cases and improve the visual appearance of the County. However, no goals were set nor assigned to measure the results of the added money. It is not clear that the million dollars had any effect and the administration’s general impression is that it did not.
F7:
The County recently paid a private consulting firm to conduct a consumer retail analysis throughout Lake County: first, to determine local buying trends and discover items local businesses should add to inventory that will allow Lake County residents to "buy local"; secondly, to entice/recruit new businesses to Lake County - not to compete, but to fill in the gaps. The process is currently being implemented using a local contractor to educate 2010-2011 Lake County Civil Grand Jury
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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16 findings
F1:
CC #27 staff and firefighters often perform heroic actions.
Related Recommendations (1)
R2:
The Board of Supervisors provide a video recording system for the jail. (F1)
F2:
The infrastructure of the facility is deteriorating, and is in dire need of repairs.
F3:
The automatic defibrillator (AED) is an essential Life Saving tool, which has not yet arrived.
Related Recommendations (1)
R3:
The Lake County Grand Jury recommends the automatic defibrillator be put in place immediately in this facility. (F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) County Sheriff (60 days) 2010-2011 Lake County Civil Grand Jury Public Safety Committee 2010-2011 Lake County Civil Grand Jury
F4:
The Sheriff’s office counts on federal grants for continued maintenance and day to day operation of the facility. Recommendations:
Related Recommendations (1)
R1:
The Sheriff continue to search and apply for federal grants.(F4)
F5:
There is no charge for inmates to make calls to their defense attorneys. Calls from the booking area are also free.
F6:
To make a call on the pay phone in the day rooms, an inmate must have money on account unless it is a collect call.
F7:
At the time of the committees visit in January, the hot meal of the day was served at noon. Effective February of 2011, the one hot, large meal of the day is now served as the evening meal.
F8:
All forms (daily sick call, commissary request, library pass, and grievance) are available by request at the officer’s station in every pod. The Grand jury complaint forms are now available to inmates upon request, also.
F9:
The Captain of the facility informed the committee there are mandatory continuing education courses for the correctional officers.
F10:
The committee was provided a copy of the inmate policy handbook; a Spanish version is yet to be made available.
F11:
At the time of the visit, the committee observed an intercom and camera security system. There is a video system with no ability to record – it is “real time” only. A request has been submitted to the Board of Supervisors for a Digital Recording System by the Sheriff.
F12:
According to the inmates interviewed, they often go to bed cold and hungry.
F13:
The Sheriff informed the committee the infrastructure of the facility has been neglected for 5 -10 years.
F14:
There has been a request to the Board of Supervisors for a new propane tank to replace the inadequate tank in use now for heating. The cost for the new tank is estimated to be $50,000.
F15:
The Sheriff is searching for a federal grant for building maintenance as well as a grant for 900 hour staffing.
F16:
The current hot water tank is undersized limiting adequate hot water. The cost is estimated to be approximately $15,000.00. 2010-2011 Lake County Civil Grand Jury Public Safety Committee Findings: F 1. The present camera system needs augmentation by a video recording system. F 2. The infrastructure of the facility is deteriorating, and is in dire need of repairs. F 3. The automatic defibrillator (AED) is an essential Life Saving tool, which has not yet arrived. F 4. The Sheriff’s office counts on federal grants for continued maintenance and day to day operation of the facility.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
9 findings
F1:
The intake, treatment, and medication-administering procedures at the Jail appear to be efficient, thorough and suitable.
F2:
There appears to be an issue of privacy for any psychiatric interview due to the constant presence of a nurse, rather than monitoring by camera or personal observance through the window.
Related Recommendations (1)
R1:
Tele-Psychiatry be provided to inmates in a room with no one else present, unless requested, in order to provide some sense of privacy and confidentiality. (F2) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Chief Probation Officer (60 days) Disclaimer: Two jurors abstained from this report. 2010-2011 Lake County Civil Grand Jury Health and Human Services Committee 2010-2011 Lake County Civil Grand Jury Health and Human Services Committee Lake County Environmental Health Oversight Summary: The primary goal of the Lake County Environmental Health Division is to protect the citizens of Lake County from hazards contained in food, soil and water. Background: Environmental Health Division (EHD) is a regulatory agency responsible for administering and enforcing the regulations which serve to protect the public and the environment from potential adverse health and environmental impacts associated with retail food establishments, public pools, wells, septic systems and hazardous materials. This division also monitors the Lake County Landfill to ensure compliance with State regulations and responds to spills and other issues involving toxic waste and hazardous materials. Areas administered by EHD are as follows: 1. Food safety 2. Recreational Health 3. Land Development 4. Solid Waste 5. Emergency Response Preparedness 6. Body Piercing/Tattoos 7. Hazardous Materials Management 8. Wells 9. Special Projects (Waste Tires) 10. Nuisance Complaints Procedure: The Lake County Grand Jury Health and Human Services Committee interviewed management of this EHD. The committee reviewed requested documents which included financial reports, list of fees and an Operation and Procedures Manual. Discussion and Facts: 1. EHD is a separate Division within the Health Services Department. 2. Permits and fees for services as well as public realignment trust funds partially fund the division. Fees charged for permits and inspections generate approximately 55% of the divisions funding while the public health realignment trust fund that constitutes 35% of the funding is derived from a 2010-2011 Lake County Civil Grand Jury Health and Human Services Committee portion of State Vehicle License Fees and State Sales Tax. Fees charged for services include food handling and health concerns in all restaurants, well inspections, septic inspections, percolation tests, and hazardous materials permits. This division also received a state grant this year for enforcement of waste tire disposal, which is approximately 10% of funding. The division also receives an annual fee from Solid waste Division for landfill monitoring fees. 3. EHD checks the water of the City of Clearlake regularly. Private water companies throughout the County are regulated by the State and are checked only upon request of the company or upon receipt of citizen’s complaints. 4. EHD has 13.5 positions allocated in the 2010/2011 Lake County budget and has 12.5 filled at this time. Findings:
F3:
The treatment and medication-administering procedures at Juvenile Hall are the only times a Registered Nurse is present. Recommendations:
F4:
EHD has 13.5 positions allocated in the 2010/2011 Lake County budget and has 12.5 filled at this time. Findings: F 1. Facts indicate that EHD is a self-sustaining division. (F2) F 2. EHD is operating below budget in the area of personnel and staffing. (F4)
F5:
Emergency Response Preparedness
F6:
Body Piercing/Tattoos
F7:
Hazardous Materials Management
F9:
Special Projects (Waste Tires)
F10:
Nuisance Complaints Procedure: The Lake County Grand Jury Health and Human Services Committee interviewed management of this EHD. The committee reviewed requested documents which included financial reports, list of fees and an Operation and Procedures Manual. Discussion and Facts:
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
16 findings
F1:
The conditions in the South Lake Holding Facility reflect a total lack of respect.
Related Recommendations (5)
R1:
Place SLHF on the Lake County Public Health Officer’s routine inspection schedule. (F1, F2, F3)
R2:
Someone assume the responsibility to clean and maintain the holding facility on a regular basis. (F1, F2, F3, F7, F9)
R3:
Store cleaning supplies in the locked closet for immediate use. (F1, F3, F4) 2010-2011 Lake County Civil Grand Jury Public Safety Committee
R4:
Replace officers’ makeshift desk and equipment in the guard area with newer, more functional pieces from the County’s surplus inventory. (F1, F4).
R5:
Improve the lighting for both safety and morale. (F1, F2, F6)
F2:
SLHF is an old facility and is not required to be maintained by today’s safety and health standards. Lake County Public Health Department informed the Grand Jury that it has not been inspecting this facility.
Related Recommendations (4)
R1:
Place SLHF on the Lake County Public Health Officer’s routine inspection schedule. (F1, F2, F3)
R2:
Someone assume the responsibility to clean and maintain the holding facility on a regular basis. (F1, F2, F3, F7, F9)
R5:
Improve the lighting for both safety and morale. (F1, F2, F6)
R6:
As protruding plumbing creates a potential suicide-by-hanging hazard, remove pipes from women’s holding cell wall. (F2, F7, F9)
F3:
Inmate areas were found to be poorly maintained, dirty and unsanitary.
Related Recommendations (3)
R1:
Place SLHF on the Lake County Public Health Officer’s routine inspection schedule. (F1, F2, F3)
R2:
Someone assume the responsibility to clean and maintain the holding facility on a regular basis. (F1, F2, F3, F7, F9)
R3:
Store cleaning supplies in the locked closet for immediate use. (F1, F3, F4) 2010-2011 Lake County Civil Grand Jury Public Safety Committee
F4:
Since there are no cleaning supplies available, Sheriff Officers are unable to perform emergency cleanups.
Related Recommendations (2)
R3:
Store cleaning supplies in the locked closet for immediate use. (F1, F3, F4) 2010-2011 Lake County Civil Grand Jury Public Safety Committee
R4:
Replace officers’ makeshift desk and equipment in the guard area with newer, more functional pieces from the County’s surplus inventory. (F1, F4).
F5:
Sheriff Officers’ furniture is old and makeshift.
F6:
Ambient lighting is insufficient.
Related Recommendations (1)
R5:
Improve the lighting for both safety and morale. (F1, F2, F6)
F7:
In the women’s holding cell, there are nonoperational shower pipes protruding from the wall; this is in an alcove not visible to correctional officers.
Related Recommendations (2)
R2:
Someone assume the responsibility to clean and maintain the holding facility on a regular basis. (F1, F2, F3, F7, F9)
R6:
As protruding plumbing creates a potential suicide-by-hanging hazard, remove pipes from women’s holding cell wall. (F2, F7, F9)
F8:
Open urinal grates without adequate plumbing are unhealthy and unsanitary.
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Public Safety Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on 2010-2011 Lake County Civil Grand Jury Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of 2010-2011 Lake County Civil Grand Jury Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. 2010-2011 Lake County Civil Grand Jury Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
The Grand Jury was informed that the Sheriff is responsible only for transport and security, and the Court had no knowledge of responsibility; therefore, the Grand Jury was unable to discover just exactly who is responsible for cleaning and maintaining the holding facility. Recommendations:
Related Recommendations (2)
R2:
Someone assume the responsibility to clean and maintain the holding facility on a regular basis. (F1, F2, F3, F7, F9)
R6:
As protruding plumbing creates a potential suicide-by-hanging hazard, remove pipes from women’s holding cell wall. (F2, F7, F9)
F10:
Spaying and neutering animals is less costly than euthanasia.
F11:
Utilizing the significant savings the City of Clearlake has achieved by starting its own fledgling animal control facility, it could seriously consider advancing toward its ultimate goal of a permanent modern facility. Staying within budgetary constraints, the city could move the facility beyond its temporary status (Appendix A). 2010-2011 Lake County Civil Grand Jury
F12:
Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of 2010-2011 Lake County Civil Grand Jury Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities.
F13:
Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall.
F14:
The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. 2010-2011 Lake County Civil Grand Jury Public Services Committee
F15:
Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services.
F16:
The attached Appendix A shows animal control expenses for the City of Clearlake from Fiscal Year 2007-2008 and Fiscal Year 2010-2011. Findings: F 1. The facility is well maintained and clean, but it appears to be a temporary facility. F 2. The cleaning and disinfecting of all areas habited by the animals was found to be adequate. F 3. A new tilted floor under the pens and cages is already funded and is to be in place this winter. This is for better drainage during cleaning. F 4. If CCAC continues to operate at the same level of staffing (one Animal Control Officer), building a new facility will not remedy Clearlake’s animal control problems. F 5. The number of animals picked up while the City of Clearlake still had its contract with LCACC declined substantially from the number it picked up after the formation of this facility, and can be directly attributed to “understaffing.” The concept of a city animal control facility independent of the County is a long-term project requiring increased financing in the future. F 6. CCAC receives assistance from many private animal care organizations with low or no cost services and supplies. These organizations also contribute many volunteer hours and provide temporary homes for animals in the process of being adopted. F 7. Current plans include making improvements to the temporary CCAC facility. Long range plans are to build a modern animal control facility adequately staffed to perform required duties. F 8. Basically operating as a one man operation, the shelter excels in licensing, issuing citations, and reporting. The number of animals picked up is the main reduction in service. F 9. Trap/Neuter/Release programs have been proven to reduce feral cat populations and thus reduce high euthanasia numbers. Several large and small counties in the state have reported the same result. F 10. Spaying and neutering animals is less costly than euthanasia. F 11. Utilizing the significant savings the City of Clearlake has achieved by starting its own fledgling animal control facility, it could seriously consider advancing toward its ultimate goal of a permanent modern facility. Staying within budgetary constraints, the city could move the facility beyond its temporary status (Appendix A). 2010-2011 Lake County Civil Grand Jury
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
25 findings
F1:
The Public Services Committee has learned that Resource Conservation Districts began in the 1930s as a national movement, and that RCDs in California are governed by state law.
F2:
The Director of Eastlake/Westlake works with myriad conservation groups and numerous California counties to insure the health of Clear Lake and Lake County to plan far into the future.
F3:
The Director of both RCDs educates and informs the public of plans for the next 100 years through slide shows and frequent press releases. 2010-2011 Lake County Civil Grand Jury Public Services Committee
F4:
Due to the minimal amount of money contributed from the Lake County general fund, the Director must work diligently writing grants and seeking additional funds from the Board of Supervisors.
Related Recommendations (1)
R1:
The Board of Supervisors consider increasing funding for these Districts. (F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: East Lake Conservation District via District Board of Directors (90 days) West Lake Conservation District via District Board of Directors (90 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee Lake County Animal Care and Control Oversight We’re not asking for perfection, just a step in the right direction. Summary: Can a rural county provide humane animal care and services in the current economy? Of the 58 counties in California, Lake County has the highest euthanasia rates, which are four times higher than the California State average.1 After an extensive investigation involving all animal agencies, both public and private, throughout Lake County, the Public Services Committee has found that a shelter medicine and sterilization program here in Lake County is the solution to lowering our disproportionately high animal euthanasia numbers. Background: The Public Services Committee conducted an oversight of Lake County Animal Care and Control (LCACC), whose facility is located at 4949 Helbush Drive in Lakeport, California. This report covers the scope of responsibilities of LCACC, as well as other animal shelter and placement facilities throughout the County. This report also explains the reasons for the county’s large euthanasia numbers and addresses the County’s feral cat problem. The new LCACC facility was completed in April of 2008. The new building is modern and comfortably air-conditioned. The committee toured the facility starting with the grooming and treatment room. Here the animals are brought in for assessment, bathing and treatment of various maladies. Then the committee visited the laundry room that also serves as a feed and storage room. The last stop in the main building was the cat room. Next, the committee toured the second building where dogs are housed. The committee then proceeded to the area behind the main building where there is a large fenced dog run, three double horse corrals and two spacious chicken coups. There is also a large freezer where dead animals are stored before cremation and the incinerator where dead animals are cremated. Procedure: On two separate occasions in August 2010, the Lake County Grand Jury’s Public Services Committee conducted an oversight of LCACC. Committee members were given a thorough tour of the facility and interviewed several staff members. The committee also reviewed requested documents. On the second visit, the committee interviewed the Deputy Director who is presently the acting Director. The committee 1 www.Saveourdogs.net. 2010-2011 Lake County Civil Grand Jury Public Services Committee also attended two meetings of the Lake County Animal Advisory Board, which is appointed by and directly advises the Board of Supervisors (the BOS) about county animal issues and concerns. Discussion and facts: 1. The national average for animal shelter euthanasia is 12.5 animals per 1000 citizen population per annum. The average in Contra Costa County is 6.36. In Sonoma County, the average is 2.76. In all of California, Lake County comes in dead last at 44.5 animals euthanized per 1000 population.2 2. The average cost of a spay/neuter procedure in Napa County is $62.50. In Sonoma County, the average cost for the same procedure is $92.00. In Lake County, the average cost for a spay/neuter procedure is $116.00. Lake County has the highest spay/neuter cost of these counties with the lowest per capita income of its citizens. 3. 2032 unadoptable cats were euthanized by LCACC in 2009/2010 (See Animal Intake Disposition attached). Euthanasia and disposal of animals is conducted in the early morning hours before LCACC is open to the public. 4. LCACC can refuse to euthanize an animal brought in by an owner, especially if the animal is healthy. However, LCACC cannot refuse to take in strays. 5. LCACC will trap colonies of feral cats at citizen request in all areas of the county outside the City of Clearlake. This is the only time that LCACC will actively pursue feral cats. 6. It is unlawful for any person to intentionally provide food and water or other forms of sustenance to a feral cat colony without obtaining a Feral Cat Colony Permit from Lake County. One female feral cat and its offspring can produce 422,000 feral cats in a seven-year period.3 (There was an incident in which 62 feral cats were recovered from one Lake County household in 2008.) 7. LCACC is not responsible for removing dead animals from roadways. Lake County Public Works Department is responsible for picking up any dead animals at no charge on county roads only. Lake Disposal, Lake County Waste Solutions or South Lake Refuge is responsible for removal of the carcass on the right-of-way of a county road. County agencies do not provide pick-ups on private property. 8. LCACC’s business hours are 8:00 AM to 5:00 PM Monday through Friday and 1:00 PM to 3:00PM on Saturday. The telephone hours coincide with Monday through Friday’s business hours. LCACC can be accessed through the county website www.co.lake.ca.us. Testimony in front of Animal Advisory Board given December 7, 2010 by an expert on shelter medicine. Testimony by LCACC director. 2010-2011 Lake County Civil Grand Jury Public Services Committee 9. LCACC’s annual budget for fiscal year 2010/2011 is $658,000 and reflects $28,000 in cuts. These cuts resulted in the loss of two Animal Control Officers and two Office Assistant positions. One of the vacant staff office positions has recently been filled. However, according to the Acting Director, the loss of staff has negatively impacted LCACC’s ability to keep its website of adoptable animals current. 10. There are six full time employees including the Director. However, the Director has been on extended leave for approximately nine months. 11. All Office Assistants are part time employees. In addition to office personnel, there are seven 900-hour part time employees. Twenty volunteers are responsible for the walking and training of the dogs. Minimum-security inmates from the county jail are utilized in the cage cleaning process and the feeding of the animals. 12. Employees receive three months mandatory training during a probation period. The position of Animal Control Officer I must have some experience in the handling of large and small animals. Animal Control Officer II must have at least one year of experience in the handling of large and small animals. Animal Officer III is required to have at least three years of experience. 13. There are 42 pens available to house dogs; 34 pens are used to house healthy dogs and eight pens are used for dogs that need to be kept in isolation for a variety of reasons. 14. There are 36 cages for adoptable cats with half the cages in use at any one time. The staff transfers cats to clean cages while the remaining cages are cleaned and disinfected. 15. There is a separate feral cat room that contains 34 cages to house cats needing isolation. 16. Prior to June of 2009, domestic pets turned into LCACC were immediately available for adoption without a quarantine period. This resulted in a high disease rate in animals at the shelter. Since June of 2009, all domestic animals brought to the facility are isolated for at least three days. Each and every animal is cleared by staff before being put up for adoption. 17. According to Lake County Ordinance Section 4-7, all dogs and cats must be spay/neutered before adoption. The only exceptions to this ordinance include dogs designated for breeding, animals not old enough to withstand the procedure, and animals that are adopted by out of county residents. Out of county residents adopting an animal are charged an additional deposit, which is returned upon proof of spay/neutering. Pet owners who do not follow this ordinance are subject to a $425 fine for each animal. 18. The Board of Supervisors allocated $8,000 this year in the form of vouchers for LCACC to give to low income citizens of Lake County to help defray the costs of spay/neutering of their pets. 2010-2011 Lake County Civil Grand Jury Public Services Committee 19. LCACC’s Phase I Plan was the completion of the new state-of-the-art facility. LCACC’s Phase II Plan A is to have the shelter’s own on-site shelter medicine and sterilization program. LCACC already has a fund of $54,000 that was donated by generous Lake County residents for this very purpose. 20. There are several non-profit organizations located throughout Lake County which through various fund raisers and garage sales, provide services such as low cost/ no cost spay/neuter, help pay vet bills, provide supplies for animals owners that find themselves in a temporary financial bind or on a low – fixed income. They also supply cages for trapping feral cats. Most of these organizations are staffed by volunteers and receive no funding from the county. 21. There are two other animal shelters located in Lake County. There is a private SPCA located in Kelseyville and a city-run shelter located in the City of Clearlake. 22. LCACC provides full services throughout Lake County except for the City of Clearlake, which opted to take over the animal control responsibilities in the City of Clearlake in November of 2009. Now limited contracted shelter services up to the amount of $20,000/year are provided to the city of Clearlake by LCACC. Prior to canceling their contract with LCACC, the City of Clearlake led the county in animal intake and requests for services. The bulk of these services rendered had to do with the disposition of feral cats (see the attached Animal Intake by Area Chart and Request for Services Chart). 23. Personal pet cremation services are available at the LCACC facility. These services range from $30.00 for a ten-pound pet up to $85.00 for an over 120 pound pet. Senior citizens 60 and over pay a reduced fee to have their pets cremated 24. County Ordinance Section 4-6 requires that all dogs must be licensed annually. Pet owners who do not license their dogs are subject to a $120 fine. The county licensing fee for each dog is $10 per year. The committee was told that funds are lost to LCACC because many Lake County residents are unaware that the licensing of dogs is an annual fee, not a one-time charge. 25. Citations are issued by Animal Control Officers for a variety of county ordinance violations concerning animal care. Citations are based upon citizen complaints and/or observations made by Animal Control Officers. Unless the complaint involves an at-risk animal, citations are usually issued after a courteous warning is given to the pet owner.
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R4:
LCACC update its website with current pictures of animals available for adoption and adjust on-line statistics to accurately reflect their euthanasia rates. (F7) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Animal Care and Control via Board of Supervisors (90 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee Lake County Public Service Department Oversight Question: How many hats can a department head wear? Hint: The hat rack is overflowing. Summary: The Public Services Director has dedicated 30 years to improving County facilities and services, while working with other agencies and other outside funding sources to enhance the overall appearance of Lake County. The efficiency of the Public Services Department is no accident. It is the result of the Director’s oversight, planning, foresight, and years of dedication. Background: In 1981, Lake County had fourteen parks. At the time of the writing of this report, the number of parks has grown to twenty-two, and the count is still rising. The Public Services Department is currently responsible for four separate divisions: Building and Grounds Division, Museum Division, Parks and Recreation Division, and Integrated Waste Management Division. Although each division has its own budget unit, the Public Services Department located at 333 Second Street, Lakeport, California, administers the four divisions. The phrase “wears many hats” is descriptive of how a single department touches multiple aspects of Lake County life. The Building and Grounds Division maintains, remodels, and repairs County buildings and grounds with an agenda for the future. The Parks and Recreation Division maintains existing parks and builds new parks and recreation facilities around the lake. The Museum Division preserves the history of Lake County. The integrated public and private sectors of Waste Management maintain, collect, recycle, and process disposables with planning well into the future. Procedure: The Public Services Committee met at the County of Lake Public Services Department in Lakeport in March of 2011 to conduct an interview with the Public Services Director who has served continuously since 1981. Discussion and Facts: 1. The Public Services Department has a myriad of responsibilities. It renovates, cares for, and cleans county buildings; it develops cultural locales such as libraries and museums; and it constructs, landscapes, and maintains hiking trails and roads in County parks and other County properties. 2010-2011 Lake County Civil Grand Jury Public Services Committee 2. The four divisions of the Public Services Department are Building and Grounds, Parks and Recreation, Museum, and Integrated Waste Management. 3. The primary source of funding for the Public Services Department budget unit is County General Fund discretionary revenues. 4. The Public Services Department also generates revenue from leasing courthouse roof space to cellular service providers. 5. A significant increase in grant funding by the California Energy Commission for fiscal year 2010-2011 has funded projects for energy conservation in County facilities. 6. The Public Services Department will also be responsible for the $300,000 renovation of the two elevators located in the courthouse which will be largely funded by a United States Department of Agriculture grant and the California State Court system. 7. The communication site on Mt. Konocti will generate $100,000/year for antennae rentals. The Mt. Konocti Park improvements will be funded by a total of $112,000 realized from existing and prior communication tower lease revenues. 8. The Public Services Department is in the process of constructing a new park in the Clearlake Riviera which will be built around the 1888 historical Ely Stage Stop building. The five-acre park will include a visitors’ center and a farm equipment museum, and is scheduled to open this summer (2011). 9. Recent and future projects include: Nylander Park, Lucerne Creek Park, Hinman Park improvements, Clark’s Island covered bridge, Ely Stage Stop remodel, Saderlund Park landscaping remodel, Lucerne Castle remodel, Upper Lake shop remodel, Clearlake Riviera Park construction, Middletown park construction, Lucerne Alpine Park expansion, Grand Jury building improvements, and Mt. Konocti Park day-use facilities. 10. The Parks and Recreation Division is responsible for the daily operation and maintenance of all parks in unincorporated areas. 11. The Integrated Waste Management program is fully self-supporting, funded by user fees and state grants. Due to the downturn in the economy, revenues are down. In order to generate more revenue, the Public Services Department is considering allowing Mendocino County to use Lake County’s landfill facility for a fee. The other option under consideration is a 4% increase in user fees. 12. The Reduce, Reuse & Recycle Handbook, which educates County residents on recycling questions from A to Z, is available at the Lake County Public Services Department. 13. The current County land fill will last until 2022, and has the potential for expansion until the year 2060. 2010-2011 Lake County Civil Grand Jury Public Services Committee 14. Illegal dumping is occurring throughout Lake County in spite of the fact that there is free drop off at South Lake Refuse & Recycling and Lake County Waste Solutions for most items. 15. Curbside pickup can be arranged for most bulky items by calling 994-8613 or 234-6400. A $10 fee is charged for appliances. Findings: F1. The Public Services Department has constructed and maintains miles of rock walls designed to mimic the WPA rock walls constructed in the 1930’s. F2. The Public Services Director is often denied public grants because Proposition 84, which was passed by the voters in 2008, allocates funds on a per capita basis. Therefore, Lake County and other rural counties often do not qualify for added funding. F3. The Public Services Director has had 27 meetings to receive public input for the future Mt. Konocti Park. An advisory board including local Native Americans has been formed in order to be sensitive to Native spiritual concerns. There will be a fifty-car parking lot and a locked gate which will be opened for day-hiker use only. The present plan is not to allow dogs in the park and to allow equestrian use by permit only. F4. Recent projects in the County include the purchase of and repairs to the recently acquired Lucerne Castle. The Public Services Department has collaborated on the planning of the new mental health building, which has been designed to look like a castle, extending the castle motif. F5. Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective. F6. The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism. F7. Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms. F8. The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. 2010-2011 Lake County Civil Grand Jury Public Services Committee Recommendations: R1. Establish a telephone hotline number to be posted in County parks for citizens to report witnessed acts of vandalism and other illegal activities. (F5) R2. The office of the District Attorney, the Sheriff’s Office and Code Enforcement work together to enforce Lake County Code Section 9-5.2. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) District Attorney (60 days) Public Services Department via Board of Supervisors (90 days) Community Development Department, Code Enforcement Division via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Blank -2011 Lake County Civil Grand Second Street Kelseyville, CA 95451 Contact information: Telephone 707-279-8619 Fax 707-279-1983 To obtain complaint forms online: http://www.co.lake.ca.us/Residents/Law/complaints.htm 2010-2011 Lake County Civil Grand Jury
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
Related Recommendations (1)
R4:
LCACC update its website with current pictures of animals available for adoption and adjust on-line statistics to accurately reflect their euthanasia rates. (F7) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Animal Care and Control via Board of Supervisors (90 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee Lake County Public Service Department Oversight Question: How many hats can a department head wear? Hint: The hat rack is overflowing. Summary: The Public Services Director has dedicated 30 years to improving County facilities and services, while working with other agencies and other outside funding sources to enhance the overall appearance of Lake County. The efficiency of the Public Services Department is no accident. It is the result of the Director’s oversight, planning, foresight, and years of dedication. Background: In 1981, Lake County had fourteen parks. At the time of the writing of this report, the number of parks has grown to twenty-two, and the count is still rising. The Public Services Department is currently responsible for four separate divisions: Building and Grounds Division, Museum Division, Parks and Recreation Division, and Integrated Waste Management Division. Although each division has its own budget unit, the Public Services Department located at 333 Second Street, Lakeport, California, administers the four divisions. The phrase “wears many hats” is descriptive of how a single department touches multiple aspects of Lake County life. The Building and Grounds Division maintains, remodels, and repairs County buildings and grounds with an agenda for the future. The Parks and Recreation Division maintains existing parks and builds new parks and recreation facilities around the lake. The Museum Division preserves the history of Lake County. The integrated public and private sectors of Waste Management maintain, collect, recycle, and process disposables with planning well into the future. Procedure: The Public Services Committee met at the County of Lake Public Services Department in Lakeport in March of 2011 to conduct an interview with the Public Services Director who has served continuously since 1981. Discussion and Facts: 1. The Public Services Department has a myriad of responsibilities. It renovates, cares for, and cleans county buildings; it develops cultural locales such as libraries and museums; and it constructs, landscapes, and maintains hiking trails and roads in County parks and other County properties. 2010-2011 Lake County Civil Grand Jury Public Services Committee 2. The four divisions of the Public Services Department are Building and Grounds, Parks and Recreation, Museum, and Integrated Waste Management. 3. The primary source of funding for the Public Services Department budget unit is County General Fund discretionary revenues. 4. The Public Services Department also generates revenue from leasing courthouse roof space to cellular service providers. 5. A significant increase in grant funding by the California Energy Commission for fiscal year 2010-2011 has funded projects for energy conservation in County facilities. 6. The Public Services Department will also be responsible for the $300,000 renovation of the two elevators located in the courthouse which will be largely funded by a United States Department of Agriculture grant and the California State Court system. 7. The communication site on Mt. Konocti will generate $100,000/year for antennae rentals. The Mt. Konocti Park improvements will be funded by a total of $112,000 realized from existing and prior communication tower lease revenues. 8. The Public Services Department is in the process of constructing a new park in the Clearlake Riviera which will be built around the 1888 historical Ely Stage Stop building. The five-acre park will include a visitors’ center and a farm equipment museum, and is scheduled to open this summer (2011). 9. Recent and future projects include: Nylander Park, Lucerne Creek Park, Hinman Park improvements, Clark’s Island covered bridge, Ely Stage Stop remodel, Saderlund Park landscaping remodel, Lucerne Castle remodel, Upper Lake shop remodel, Clearlake Riviera Park construction, Middletown park construction, Lucerne Alpine Park expansion, Grand Jury building improvements, and Mt. Konocti Park day-use facilities. 10. The Parks and Recreation Division is responsible for the daily operation and maintenance of all parks in unincorporated areas. 11. The Integrated Waste Management program is fully self-supporting, funded by user fees and state grants. Due to the downturn in the economy, revenues are down. In order to generate more revenue, the Public Services Department is considering allowing Mendocino County to use Lake County’s landfill facility for a fee. The other option under consideration is a 4% increase in user fees. 12. The Reduce, Reuse & Recycle Handbook, which educates County residents on recycling questions from A to Z, is available at the Lake County Public Services Department. 13. The current County land fill will last until 2022, and has the potential for expansion until the year 2060. 2010-2011 Lake County Civil Grand Jury Public Services Committee 14. Illegal dumping is occurring throughout Lake County in spite of the fact that there is free drop off at South Lake Refuse & Recycling and Lake County Waste Solutions for most items. 15. Curbside pickup can be arranged for most bulky items by calling 994-8613 or 234-6400. A $10 fee is charged for appliances. Findings: F1. The Public Services Department has constructed and maintains miles of rock walls designed to mimic the WPA rock walls constructed in the 1930’s. F2. The Public Services Director is often denied public grants because Proposition 84, which was passed by the voters in 2008, allocates funds on a per capita basis. Therefore, Lake County and other rural counties often do not qualify for added funding. F3. The Public Services Director has had 27 meetings to receive public input for the future Mt. Konocti Park. An advisory board including local Native Americans has been formed in order to be sensitive to Native spiritual concerns. There will be a fifty-car parking lot and a locked gate which will be opened for day-hiker use only. The present plan is not to allow dogs in the park and to allow equestrian use by permit only. F4. Recent projects in the County include the purchase of and repairs to the recently acquired Lucerne Castle. The Public Services Department has collaborated on the planning of the new mental health building, which has been designed to look like a castle, extending the castle motif. F5. Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective. F6. The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism. F7. Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms. F8. The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. 2010-2011 Lake County Civil Grand Jury Public Services Committee Recommendations: R1. Establish a telephone hotline number to be posted in County parks for citizens to report witnessed acts of vandalism and other illegal activities. (F5) R2. The office of the District Attorney, the Sheriff’s Office and Code Enforcement work together to enforce Lake County Code Section 9-5.2. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) District Attorney (60 days) Public Services Department via Board of Supervisors (90 days) Community Development Department, Code Enforcement Division via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Blank -2011 Lake County Civil Grand Second Street Kelseyville, CA 95451 Contact information: Telephone 707-279-8619 Fax 707-279-1983 To obtain complaint forms online: http://www.co.lake.ca.us/Residents/Law/complaints.htm 2010-2011 Lake County Civil Grand Jury
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. 2010-2011 Lake County Civil Grand Jury Public Services Committee
Related Recommendations (2)
R2:
The office of the District Attorney, the Sheriff’s Office and Code Enforcement work together to enforce Lake County Code Section 9-5.2. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) District Attorney (60 days) Public Services Department via Board of Supervisors (90 days) Community Development Department, Code Enforcement Division via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Blank -2011 Lake County Civil Grand Second Street Kelseyville, CA 95451 Contact information: Telephone 707-279-8619 Fax 707-279-1983 To obtain complaint forms online: http://www.co.lake.ca.us/Residents/Law/complaints.htm 2010-2011 Lake County Civil Grand Jury
R4:
LCACC update its website with current pictures of animals available for adoption and adjust on-line statistics to accurately reflect their euthanasia rates. (F7) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Animal Care and Control via Board of Supervisors (90 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee 2010-2011 Lake County Civil Grand Jury Public Services Committee Lake County Public Service Department Oversight Question: How many hats can a department head wear? Hint: The hat rack is overflowing. Summary: The Public Services Director has dedicated 30 years to improving County facilities and services, while working with other agencies and other outside funding sources to enhance the overall appearance of Lake County. The efficiency of the Public Services Department is no accident. It is the result of the Director’s oversight, planning, foresight, and years of dedication. Background: In 1981, Lake County had fourteen parks. At the time of the writing of this report, the number of parks has grown to twenty-two, and the count is still rising. The Public Services Department is currently responsible for four separate divisions: Building and Grounds Division, Museum Division, Parks and Recreation Division, and Integrated Waste Management Division. Although each division has its own budget unit, the Public Services Department located at 333 Second Street, Lakeport, California, administers the four divisions. The phrase “wears many hats” is descriptive of how a single department touches multiple aspects of Lake County life. The Building and Grounds Division maintains, remodels, and repairs County buildings and grounds with an agenda for the future. The Parks and Recreation Division maintains existing parks and builds new parks and recreation facilities around the lake. The Museum Division preserves the history of Lake County. The integrated public and private sectors of Waste Management maintain, collect, recycle, and process disposables with planning well into the future. Procedure: The Public Services Committee met at the County of Lake Public Services Department in Lakeport in March of 2011 to conduct an interview with the Public Services Director who has served continuously since 1981. Discussion and Facts: 1. The Public Services Department has a myriad of responsibilities. It renovates, cares for, and cleans county buildings; it develops cultural locales such as libraries and museums; and it constructs, landscapes, and maintains hiking trails and roads in County parks and other County properties. 2010-2011 Lake County Civil Grand Jury Public Services Committee 2. The four divisions of the Public Services Department are Building and Grounds, Parks and Recreation, Museum, and Integrated Waste Management. 3. The primary source of funding for the Public Services Department budget unit is County General Fund discretionary revenues. 4. The Public Services Department also generates revenue from leasing courthouse roof space to cellular service providers. 5. A significant increase in grant funding by the California Energy Commission for fiscal year 2010-2011 has funded projects for energy conservation in County facilities. 6. The Public Services Department will also be responsible for the $300,000 renovation of the two elevators located in the courthouse which will be largely funded by a United States Department of Agriculture grant and the California State Court system. 7. The communication site on Mt. Konocti will generate $100,000/year for antennae rentals. The Mt. Konocti Park improvements will be funded by a total of $112,000 realized from existing and prior communication tower lease revenues. 8. The Public Services Department is in the process of constructing a new park in the Clearlake Riviera which will be built around the 1888 historical Ely Stage Stop building. The five-acre park will include a visitors’ center and a farm equipment museum, and is scheduled to open this summer (2011). 9. Recent and future projects include: Nylander Park, Lucerne Creek Park, Hinman Park improvements, Clark’s Island covered bridge, Ely Stage Stop remodel, Saderlund Park landscaping remodel, Lucerne Castle remodel, Upper Lake shop remodel, Clearlake Riviera Park construction, Middletown park construction, Lucerne Alpine Park expansion, Grand Jury building improvements, and Mt. Konocti Park day-use facilities. 10. The Parks and Recreation Division is responsible for the daily operation and maintenance of all parks in unincorporated areas. 11. The Integrated Waste Management program is fully self-supporting, funded by user fees and state grants. Due to the downturn in the economy, revenues are down. In order to generate more revenue, the Public Services Department is considering allowing Mendocino County to use Lake County’s landfill facility for a fee. The other option under consideration is a 4% increase in user fees. 12. The Reduce, Reuse & Recycle Handbook, which educates County residents on recycling questions from A to Z, is available at the Lake County Public Services Department. 13. The current County land fill will last until 2022, and has the potential for expansion until the year 2060. 2010-2011 Lake County Civil Grand Jury Public Services Committee 14. Illegal dumping is occurring throughout Lake County in spite of the fact that there is free drop off at South Lake Refuse & Recycling and Lake County Waste Solutions for most items. 15. Curbside pickup can be arranged for most bulky items by calling 994-8613 or 234-6400. A $10 fee is charged for appliances. Findings: F1. The Public Services Department has constructed and maintains miles of rock walls designed to mimic the WPA rock walls constructed in the 1930’s. F2. The Public Services Director is often denied public grants because Proposition 84, which was passed by the voters in 2008, allocates funds on a per capita basis. Therefore, Lake County and other rural counties often do not qualify for added funding. F3. The Public Services Director has had 27 meetings to receive public input for the future Mt. Konocti Park. An advisory board including local Native Americans has been formed in order to be sensitive to Native spiritual concerns. There will be a fifty-car parking lot and a locked gate which will be opened for day-hiker use only. The present plan is not to allow dogs in the park and to allow equestrian use by permit only. F4. Recent projects in the County include the purchase of and repairs to the recently acquired Lucerne Castle. The Public Services Department has collaborated on the planning of the new mental health building, which has been designed to look like a castle, extending the castle motif. F5. Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective. F6. The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism. F7. Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms. F8. The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. 2010-2011 Lake County Civil Grand Jury Public Services Committee Recommendations: R1. Establish a telephone hotline number to be posted in County parks for citizens to report witnessed acts of vandalism and other illegal activities. (F5) R2. The office of the District Attorney, the Sheriff’s Office and Code Enforcement work together to enforce Lake County Code Section 9-5.2. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) District Attorney (60 days) Public Services Department via Board of Supervisors (90 days) Community Development Department, Code Enforcement Division via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Blank -2011 Lake County Civil Grand Second Street Kelseyville, CA 95451 Contact information: Telephone 707-279-8619 Fax 707-279-1983 To obtain complaint forms online: http://www.co.lake.ca.us/Residents/Law/complaints.htm 2010-2011 Lake County Civil Grand Jury
F9:
Public education about LCACC’s services and animals available for adoption is improving. They have recently begun putting pictures in the paper about animals available for adoption. They have also developed and presented a slide show to educate students about the importance of spaying/neutering their pets. 2010-2011 Lake County Civil Grand Jury Public Services Committee Recommendations:
Related Recommendations (1)
R3:
The City of Clearlake has such a high rate of euthanasia, a low cost spay/neuter and Trap/Neuter/Release program be incorporated into the future of animal control (F9, F10). Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Clearlake City Council (90 days) City of Clearlake Animal Control Officer via Clearlake City Council (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee
F10:
There are six full time employees including the Director. However, the Director has been on extended leave for approximately nine months.
Related Recommendations (1)
R3:
The City of Clearlake has such a high rate of euthanasia, a low cost spay/neuter and Trap/Neuter/Release program be incorporated into the future of animal control (F9, F10). Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Clearlake City Council (90 days) City of Clearlake Animal Control Officer via Clearlake City Council (90 days) 2010-2011 Lake County Civil Grand Jury Public Services Committee
F11:
All Office Assistants are part time employees. In addition to office personnel, there are seven 900-hour part time employees. Twenty volunteers are responsible for the walking and training of the dogs. Minimum-security inmates from the county jail are utilized in the cage cleaning process and the feeding of the animals.
F12:
Employees receive three months mandatory training during a probation period. The position of Animal Control Officer I must have some experience in the handling of large and small animals. Animal Control Officer II must have at least one year of experience in the handling of large and small animals. Animal Officer III is required to have at least three years of experience.
F13:
There are 42 pens available to house dogs; 34 pens are used to house healthy dogs and eight pens are used for dogs that need to be kept in isolation for a variety of reasons.
F14:
There are 36 cages for adoptable cats with half the cages in use at any one time. The staff transfers cats to clean cages while the remaining cages are cleaned and disinfected.
F15:
There is a separate feral cat room that contains 34 cages to house cats needing isolation.
F16:
Prior to June of 2009, domestic pets turned into LCACC were immediately available for adoption without a quarantine period. This resulted in a high disease rate in animals at the shelter. Since June of 2009, all domestic animals brought to the facility are isolated for at least three days. Each and every animal is cleared by staff before being put up for adoption.
F17:
According to Lake County Ordinance Section 4-7, all dogs and cats must be spay/neutered before adoption. The only exceptions to this ordinance include dogs designated for breeding, animals not old enough to withstand the procedure, and animals that are adopted by out of county residents. Out of county residents adopting an animal are charged an additional deposit, which is returned upon proof of spay/neutering. Pet owners who do not follow this ordinance are subject to a $425 fine for each animal.
F18:
The Board of Supervisors allocated $8,000 this year in the form of vouchers for LCACC to give to low income citizens of Lake County to help defray the costs of spay/neutering of their pets. 2010-2011 Lake County Civil Grand Jury Public Services Committee
F19:
LCACC’s Phase I Plan was the completion of the new state-of-the-art facility. LCACC’s Phase II Plan A is to have the shelter’s own on-site shelter medicine and sterilization program. LCACC already has a fund of $54,000 that was donated by generous Lake County residents for this very purpose.
F20:
There are several non-profit organizations located throughout Lake County which through various fund raisers and garage sales, provide services such as low cost/ no cost spay/neuter, help pay vet bills, provide supplies for animals owners that find themselves in a temporary financial bind or on a low – fixed income. They also supply cages for trapping feral cats. Most of these organizations are staffed by volunteers and receive no funding from the county.
F21:
There are two other animal shelters located in Lake County. There is a private SPCA located in Kelseyville and a city-run shelter located in the City of Clearlake.
F22:
LCACC provides full services throughout Lake County except for the City of Clearlake, which opted to take over the animal control responsibilities in the City of Clearlake in November of 2009. Now limited contracted shelter services up to the amount of $20,000/year are provided to the city of Clearlake by LCACC. Prior to canceling their contract with LCACC, the City of Clearlake led the county in animal intake and requests for services. The bulk of these services rendered had to do with the disposition of feral cats (see the attached Animal Intake by Area Chart and Request for Services Chart).
F23:
Personal pet cremation services are available at the LCACC facility. These services range from $30.00 for a ten-pound pet up to $85.00 for an over 120 pound pet. Senior citizens 60 and over pay a reduced fee to have their pets cremated
F24:
County Ordinance Section 4-6 requires that all dogs must be licensed annually. Pet owners who do not license their dogs are subject to a $120 fine. The county licensing fee for each dog is $10 per year. The committee was told that funds are lost to LCACC because many Lake County residents are unaware that the licensing of dogs is an annual fee, not a one-time charge.
F25:
Citations are issued by Animal Control Officers for a variety of county ordinance violations concerning animal care. Citations are based upon citizen complaints and/or observations made by Animal Control Officers. Unless the complaint involves an at-risk animal, citations are usually issued after a courteous warning is given to the pet owner. Findings: F 1. In the last nine months, LCACC has made tremendous progress in almost every area in which improvement was needed. Cooperation with local Veterinarians and other Animal Shelter groups throughout the county has 2010-2011 Lake County Civil Grand Jury Public Services Committee improved dramatically. Employee morale at the shelter is at an all time high and so is the administrative reputation. F 2. Euthanasia rates at LCACC have statistically been high due to the counties extremely large feral cat population (see animal intake/disposition chart). Interviews at LCACC and documented statistics indicate a serious problem of proliferation of feral cats in Lake County. Euthanasia or Trap-Neuter- Return (TNR) and shelter medicine programs are currently the only possible solutions to this problem. F 3. Once the shelter medicine/sterilization program envisioned by LCACC’s Phase II Part A plan is realized and the shelter has its own on-site fully equipped clinic, Lake County could mirror Sonoma and Contra Costa County’s astonishing reductions in euthanasia rates. F 4. The shelter medicine/sterilization program will have its own Veterinarian on staff for 20 hours per week. A Registered Veterinarian Technician will be on staff for 30 hours per week. This program will be self-supporting and will make it far more reasonable for Lake County residents to adopt shelter animals complete with licenses, vaccinations, microchips and sterilizations. F 5. As of this writing, the Director has been out on extended leave for approximately nine months, the Acting Director has comfortably taken on both job responsibilities. The Acting Director has created a professional atmosphere in which LCACC staff members are supported and encouraged toward a path of further education and team shared responsibilities. Staff reported morale has improved markedly over the last nine months. F 6. The practice of a three-day isolation period adopted in June of 2009 and stricter sanitation practices (i.e. cages pressure washed daily and barriers placed between adjacent cages) resulted in the facility’s disease rate decreasing dramatically. F 7. LCACC’s weekend hours are not sufficient to accommodate the public. Their website is not updated frequently enough with current pictures of animals available for adoption. Their on-line statistics referencing their euthanasia rates are misleading. It shows a euthanasia rate of 14%, when in reality the rate when all types of euthanization are calculated is closer to 63% for all animals taken into custody (see intake chart attached). F 8. In 2010, LCACC began hosting its own rabies vaccination clinics twice annually so that the public can purchase at-cost rabies shots. Last year, only 43% of all biting animals in Lake County had been vaccinated with the rabies vaccine. F 9. Public education about LCACC’s services and animals available for adoption is improving. They have recently begun putting pictures in the paper about animals available for adoption. They have also developed and presented a slide show to educate students about the importance of spaying/neutering their pets. 2010-2011 Lake County Civil Grand Jury Public Services Committee
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
9 findings
F1:
The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale.
Related Recommendations (2)
R1:
Management consider implementing flex hours to improve productivity and morale. (F1)
R2:
Management conduct bi-monthly staff meetings to listen to and update staff regarding issues concerning hours and training and other issues affecting productivity and morale. (F1)
F2:
Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection.
Related Recommendations (1)
R3:
The Treasurer - Tax Collector utilize third party collectors to collect the unsecured delinquent accounts. (F2)
F3:
Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done.
Related Recommendations (1)
R4:
The County form a task force to study the different processes and tools used by the other 37 counties in California to accomplish the current accounting system functions in order to possibly reduce the $160k+ maintenance cost. (F3, F4) 2010-2011 Lake County Civil Grand Jury
F4:
A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges.
Related Recommendations (1)
R4:
The County form a task force to study the different processes and tools used by the other 37 counties in California to accomplish the current accounting system functions in order to possibly reduce the $160k+ maintenance cost. (F3, F4) 2010-2011 Lake County Civil Grand Jury
F5:
The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity. Recommendations:
Related Recommendations (1)
R5:
The Treasurer - Tax Collector take an active role in the layout and design of the new court house to assure the department is allocated adequate space. (F5) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Treasurer - Tax Collector (60 days) Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury Government Services Committee Government Services Committee Table of Contents Oversights Administrative Office 27 A View from the Top County Counsel 33 Central Services 35 Which Way Did They Go? District Attorney 37 Seek Justice and Prosecute Vigorously Public Defender Program Oversight Committee 39 Oversight of an Oversight Purchasing 43 I Can Get It for You Wholesale Registrar of Voters 47 Victim-Witness Division 53 H-E-L-P! 2010-2011 Lake County Civil Grand Jury Government Services Committee 2010-2011 Lake County Civil Grand Jury Government Services Committee Administrative Office A View from the Top Summary: This report is an elective oversight into county government, specifically, the Administrative Office. For many citizens, knowing, understanding, and discovering how government works is a mystery. The Government Service Committee was interested in finding how the many services offered by the County of Lake are coordinated through the Administrative Office and to illuminate the services available to citizens. Background: The County of Lake was created on May 20, 1861 by combining portions of Napa, Mendocino, and Colusa Counties and was approved by the Governor of California. The Administrative Office of Lake County deals with a continually changing governmental environment. Fiscal, personnel, and compliance are major functions administrated. The Administration of Lake County works to keep local government viable in these difficult economic times. The Administrative Office has a staff of 5.9 employees which includes the County Administrative Officer, a Deputy Administrative Officer, a Chief Deputy Officer, and support staff. All work collectively to produce the annual budget for the county, research and negotiate contracts, create reports, consulting with County Counsel on legal matters. Divisions that report to and are a part of the Administrative Office Department include Marketing, Purchasing, Redevelopment and Central Mail Room; all operate within a total budget of $554,057 for the current 2010-2011 fiscal year. The County Administrative Officer serves as the Clerk to the Board of Supervisors (BOS) and is appointed by the BOS. The County Administrative Officer’s duties also include monitoring of the current budget, preparing budget proposals for the upcoming fiscal year, performing fund transfers between departments where necessary and negotiating contracts. In addition, the County Administrative Officer acts as liaison to and between departments of the County and 2010-2011 Lake County Civil Grand Jury Government Services Committee the BOS, facilitates and supports department heads and County staff, and carries out specific instructions of the BOS, if any. Procedure: The County Administrative Officer and Deputy Administrative Officer were interviewed by the Government Services Committee. The BOS was questioned by the committee regarding supervision of Department Directors and Agency Heads and the County Website was researched. Discussion and Facts: The Board of Supervisors represents and acts on behalf of the citizens. The voters, also known as residents and/or citizens, of the county are at the top of all governmental operations, followed by the elected officers – Assessor/Recorder, Auditor/Controller/County Clerk, Registrar of Voters, Sheriff, Treasurer/Tax Collector, and the Board of Supervisors. See attached chart. 1. There are two methods of becoming a Department Head within the County: 1) appointed to the position by the BOS, or 2) elected to the position/office by the voters of the County. 2. Department Heads/Directors that have been appointed to their position by the BOS are supervised on a daily basis by the County Administrator, with annual reviews performed by the BOS. 3. Candidates for a position to be filled by appointment by the BOS must meet criteria established by Human Resources and meet the requirements of the job. 4. The BOS fills open department head positions by promotion of a candidate already employed by the County or by an appointment through recruitment. 5. In addition to answering to BOS, some departments operate under requirements which are mandated by government or agencies, such as the State of California or the Federal Aviation Administration. 6. As the liaison/coordinator/conduit, the County Administrative Officer is directly responsible for the operations as shown on the attached Chart and reports to the BOS on the status of those operations. 7. At the time of this report, there is no Certified Public Accountant employed within the County, including in the office of the County Auditor. 8. At the time of interview, no information existed as to where Grand Jury Complaint Forms are made available to the public in county buildings. 9. Proof of malfeasance, wrong-doing or misconduct, dishonesty by an elected official may be discovered by the Grand Jury but must then be brought to the attention of the District Attorney. Voters can initiate a recall of elected officials. 2010-2011 Lake County Civil Grand Jury Government Services Committee Findings:
F6:
As the liaison/coordinator/conduit, the County Administrative Officer is directly responsible for the operations as shown on the attached Chart and reports to the BOS on the status of those operations.
F7:
At the time of this report, there is no Certified Public Accountant employed within the County, including in the office of the County Auditor.
F8:
At the time of interview, no information existed as to where Grand Jury Complaint Forms are made available to the public in county buildings.
F9:
Proof of malfeasance, wrong-doing or misconduct, dishonesty by an elected official may be discovered by the Grand Jury but must then be brought to the attention of the District Attorney. Voters can initiate a recall of elected officials. 2010-2011 Lake County Civil Grand Jury Government Services Committee Findings: F 1. Elected department directors or agency heads are not required to meet extensive criteria based on related experience or job knowledge. F 2. Elected directors can only be removed from positions by recall of the voters or malfeasance. F 3. Grand Jury Complaint Forms are available through the County website, by mail or by phoning the Grand Jury Office. At the time of this report, Complaint Forms were absent from sight in most county buildings and in areas of public foot traffic.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
3 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (1)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. 2010-2011 Lake County Civil Grand Jury Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (1)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) 2010-2011 Lake County Civil Grand Jury
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.
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Findings & Recommendations
32 findings
F1:
The Committee found that each department performs the functions as if it were a separate and independent organization.
Related Recommendations (2)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
F2:
Central Services is referenced in the budget, however funds are for Mail Room operation only. Government Services Committee
F3:
There is no Central Services function or operation within the County.
Related Recommendations (3)
R1:
Remove County reference to Central Services as that function no longer exists. (F1, F3) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via Board of Supervisors (90 days) Government Services Committee District Attorney Seek Justice and Prosecute Vigorously Summary: Allowing a month for the new District Attorney (DA) to settle in, the Government Services Committee met with the DA for his assessment of the many issues facing the DA and the citizens of the County of Lake. Background: At the time of this interview, the DA had been in office for just one month. Goals that the DA has set are to become familiar with the responsibilities of this office, implement changes where necessary, establish written policies and procedures bring the traditional ‘overcharging’ of suspects closer to reality, and to fulfill the mission … “Seek Justice and Prosecute Vigorously”. This DA sees the department as one that represents all the people of the county. Procedure: The Government Services Committee (committee) of the Lake County Civil Grand Jury interviewed the new DA. Discussion and Facts: Through interview, the following information was conveyed to the committee: 1. No written Policies and Procedures Manual exists for the Office of the District Attorney. Government Services Committee 2. The Brady Law and Policies was established in 2007 and requires a high level of integrity and honesty from law enforcement. The DA stated he will enforce the Brady Law and Policies. 3. Understanding that there may be an influx of newly-released, unsupervised offenders to Lake County, the DA is aware of the projections of increased crime, yet stated that the future is difficult for anyone to predict. 4. The DA has served on undercover task forces and has spent a good deal of time in family law before entering his current position. 5. Analyzing the projected reduction in law enforcement funds from the State of California, the DA stated that less money means less enforcement which means fewer cases can be prosecuted. This will reduce monies spent by the department. Layoffs in the DA’s office may become necessary. 6. The result of a reduction in funds from the state is just now surfacing in Lake County. One State-approved grant was only half funded. It is now dubious whether the remaining half of the funds will be forthcoming, even though commitments based on the full grant have been made. 7. The DA places the highest priority on prosecuting crimes of violence, especially when children or elders are involved. 8. The DA has initiated a procedure of accepting pleas in more cases in order to minimize the cost of court trial and to use time and money more efficiently. 9. The DA expects the services that are currently in place in the Victim Witness Program, a Division of the District Attorney Department, to continue.
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F4:
Co-mingling of MHSA funds with the county general funds is occurring, which is contrary to state law.
Related Recommendations (2)
R5:
Future Grand Juries perform routine oversights on JPAs operating within Lake County, to determine that the JPAs’ annual audits are being monitored by the Auditor-Controller-Clerk and is within the letter and spirit of the law (F1, F3, F4)
R6:
Conduct annual oversight of the Auditor-Controller-Clerk with regard to monitoring filed JPAs. (F3, F4) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: Board of Supervisors (90 days) District Attorney (60 days) County Counsel via Board of Supervisors (90 days) County Auditor-Controller (60 days) Clearlake City Council (90 days) Lakeport City Council (90 days) Ad-Hoc Committee Mold in My Home: Does Anybody Care? Summary: There is no public agency in Lake County that evaluates mold growth issues in buildings. Background: The Grand Jury received a complaint regarding mold growing in a privately owned building. Because this was a private dispute, the Grand Jury denied the complaint. However, the larger issue of mold inspection spurred the Jury to investigate the question of who in Lake County government is responsible for mold, health and safety issues. Procedure: Telephone calls by the Grand Jury were made to the Environmental Health Division of the Public Health Department, the Building Inspection Division of the Community Development Department, and the Air Quality Management District. Documents located on the Internet were reviewed including the text of the Toxic Mold Protection Act of 2001, Health & Safety Code Sections 25100 et seq., and Implementation of the Toxic Mold Protection Act of 2001, a report to the California legislature dated April 2005. Discussion and Facts: The public is now, more than ever, aware of mold infestations. Citizens look to government for many services, but here in Lake County, governmental agencies advise citizens to contact private companies to treat mold issues. According to the Report to the California Legislature prepared by the California Department of Health Services (DHS), the Toxic Mold Protection Act of 2001 was enacted to address concerns regarding health effects from exposure to indoor molds and provide guidelines or standards for the safe and effective removal of molds from buildings. DHS was directed to determine the feasibility of identifying permissible exposure limits (PELs) for indoor molds. The DHS staff determined after considerable research, that sound science- based PELs for indoor molds could not be established. On the County website, the Code Enforcement Division of Community Development Department page, there is a chart indicating the agency to contact about “Mold inside habitable dwellings” is Building and Safety. There is also a telephone number under the Environmental Health heading for “Mold”. (See attached) When called, Lake County Building and Safety Division informs the caller that it does not have anything to do with evaluating mold. Ad-Hoc Committee The 1-800 phone number listed on the County of Lake web site under Environmental Health connects to the United States Environmental Protection Agency’s automated indoor air quality hotline. According to the DHS, damp buildings or occupied rooms within buildings that have visible fungal growth are unsanitary and a potential health risk. County agencies direct the public to seek private companies’ advice on mold issues. Findings:
F5:
Vandalism has been on the rise in Lake County parks and facilities. Although the County often tries to get restitution or establish alternative work programs for captured offenders, committee members were informed that work programs often end up being ineffective.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Public Services Director stated that the Sheriff’s Department is increasing patrol activities around parks in order to combat this vandalism.
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Based on recommendations of the 2009/2010 Grand Jury, the Public Services Department is installing soap dispensers and hand blow dryers in County park restrooms. Unless County residents treat these new facility improvements with respect, the Public Services Director is not optimistic about their longevity. According to the Director, the park rest rooms are cleaned at least twice every day. In spite of this, the Director still receives complaints about unsanitary conditions in public restrooms.
F8:
The Public Services Director stated that previously illegal dumping was not aggressively prosecuted. The Public Services Director expressed optimism that Lake County Code Section 9-5.2, which states that illegal dumping is punishable by a fine or thirty days in jail, will be aggressively enforced by the Sheriff’s Department and the Office of the Lake County District Attorney. Public Services Committee
Related Recommendations (1)
R7:
Correct plumbing regarding the open urinal grate. (F8) Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Sheriff (60 days) Public Health Department via Board of Supervisors (90 days) Board of Supervisors (90 days) Public Safety Committee Public Services Committee Public Services Committee Table of Contents Oversights City Of Clearlake Animal Control 137 A Great Idea, if not a Desperate One East Lake/West Lake 143 Resource Conservation Districts (RCD) Lake County Animal Care and Control Oversight 147 We’re not asking for perfection, just a step in the right direction. Lake County Public Service Department Oversight 157 Question: How many hats can a department head wear? Public Services Committee Public Services Committee City Of Clearlake Animal Control A Great Idea, if not a Desperate One Summary: Saving money during a depressed economic time is akin to grabbing the brass ring, but saving money by not doing a complete job is lacking in fiscal maturity. Substituting County Animal Control with a city run animal shelter saves money, but leaves the City of Clearlake in a reduced state of animal control service. The City of Clearlake began an uphill journey toward a lofty goal. The timeline needed to develop this fledgling service to its full potential of self-reliance was not well planned. Background: The history of the City of Clearlake Animal Control (CCAC) is short. CCAC was brought into being in November of 2009. The concept of a city-run Animal Control was adopted by the City Council as a massive cost saving measure during a crunch time as an afterthought within an already approved budget. With reductions in City funding, the saving of over $100,000 per year was a very enticing idea. The results as shown on the chart attached to this report show a great savings, and it also shows a substantial reduction in performance. The current services offered by the City of Clearlake are mostly dog-oriented. Larger or exotic animals are handled by the County. Cats, most especially feral cats, are generally ignored. The largest problem in both Clearlake and all of Lake County is the feral cat explosion. Reductions in service will not solve this problem. The original concept of an animal control facility in the City of Clearlake was a “seat of the pants” plan to balance the budget. The plan’s long term goal is for a modern, independent animal control facility dedicated to humane treatment of animals and equal to any city or county of its size. Procedure: Interviews were conducted by the Public Services Committee at the Clearlake Animal Control office located in the Clearlake City Hall and at the City Animal Control facility at the city maintenance yard on Old Hwy 53. Several documents were requested, received and reviewed to produce facts in this report. Many County documents were also reviewed for the comparison of facts. Discussion and Facts: 1. The Public Services Committee first toured the Clearlake shelter on September 13, 2010 and observed six dog pens and 20 cat cages with one dog pen unusable. Animal population at that time was four dogs and three cats. The facility currently has one paid staff person and one part-time volunteer to assist with shelter duties. 2. During the Public Services Committee’s second tour of the shelter on Public Services Committee December 2, 2010, it was learned that Clearlake Animal Control picked up 406 dogs and cats for the calendar year-to-date. 91 were transferred to the Lake County Animal Care and Control (LCACC) facility at an initial charge of $71 per animal paid for by the City of Clearlake, and 315 were sent to foster homes or other rescue shelters. 3. The current City of Clearlake Animal Control shelter shares a corrugated metal building with city equipment at the city maintenance yards on Old Hwy 53 in the City of Clearlake. 4. Several cages for dogs and cats are arranged on a cement floor for ease of cleaning. A cleaning disinfectant used is called Kennelsol and is effective against most animal diseases. The pens are cleaned and sanitized daily by pressure hose. 5. The exercise area is blacktop to facilitate cleaning and disinfecting. The exercise area is also cleaned and sanitized to prevent the spread of diseases. 6. Plans have been approved for a new floor under the cages that will be elevated and sloped to provide for better drainage and cleanliness. Although Clearlake’s Department of Public Works had planned on completion of this elevated floor improvement by winter of 2010, no work was started as of December 2, 2010. 7. A study done by Stanford University’s Department of Environmental Health concluded that feral cats pose no health threat to humans. Feral cats also pose no threat to bird or other wild life populations. Feral cats’ diets generally consist of garbage, carrion and vegetation. 8. Animal rescue groups are heavily involved in assisting with picking up and spaying and neutering feral cats when requested. One local rescue group makes cages available with a $10 returnable deposit. 9. Working in conjunction with this local animal rescue group, the CCAC Shelter has 27 foster homes available to house cats or dogs until they are adopted or sent to other placement shelters. 10. During the fiscal year ended June 30, 2009, LCACC picked up 1,502 assorted animals in the City of Clearlake. In a similar time period, January 2010 to November 2010, Clearlake Animal Control picked up 406 assorted animals. This represents a drop in animal services to the City of Clearlake of 73%. 11. Plans for a new and modern animal control facility to greatly improve and expand animal control service have been submitted by Clearlake Animal Control for budget approval. 12. Clearlake Animal Control activity has included the issuance of 730 animal licenses from November 2009 to November 2010. January 2010 to November 2010 statistics include: 45 animal bite citations issued with 10 additional cases investigated for possible animal bites, 91 notices of Public Services Committee violation issued for possible animal neglect which resulted in 59 citations being issued, and 109 reports written regarding overall daily activities. 13. Committee research of documentation shows that spaying and neutering occur much less frequently than euthanasia. Lake County’s euthanasia rate is higher than nearby counties’, the State’s, and the Nation’s. Several populous counties in the state have begun to look into and institute Trap/Neuter/Release programs. The results of these programs have been shown to reduce feral cat populations and reduce euthanasia overall. 14. The current average cost of spaying or neutering a dog or cat in Lake County is $116. In Sonoma County, the average is $92; in Napa County, it is $62.50. The following examples illustrate how the cost of euthanasia of animals can escalate beyond the cost of spaying and neutering, which is a static figure less than the cost of euthanasia: Example (a): “Fido” is taken from CCAC to the Lake County Animal Shelter as a stray. At the time of arrival, the shelter charges the City of Clearlake $43 for the intake, which includes one initial day of care. The dog is then held for two additional days (required by law) at a cost of $9 a day. After that, if the shelter has not adopted the dog out, it will euthanize the animal at a cost of $33. This totals $94 for the impoundment and euthanasia of the animal that CCAC pays to LCACC. Example (b): If an animal bites a human and needs to be held for ten days in bite quarantine (required by law), Lake County Animal Care and Control (LCACC) will charge $43 at the time of transfer for intake and one day of care. The animal must be held for nine additional days at a cost of $9 per day. In addition, the shelter charges a quarantine fee of $50. If the animal is euthanized after being held for a ten day holding period, an additional charge of $33 is required. This totals $207 for the impoundment and euthanasia of the animal paid by the City of Clearlake. Example (c): If an animal is impounded because of a violation and the owner is identified, it must be held for ten days (required by law). LCACC will charge $43 at the time of the transfer for the intake and one day of care. The animal will then be held for nine more days at a cost of $9 per day. If after ten days the animal is not redeemed by its owner and it is determined to be unadoptable, it will then be euthanized at a cost of $33. This totals $157 the City of Clearlake pays for the impoundment and euthanasia of the animal. Public Services Committee 15. Because of the costs cited by CCAC, very few cats are included in Clearlake Animal Control services. 16. The attached
F9:
During interviews, there was no mention by any Purchasing Agent Assistant or their assistant of using State of California General Services to purchase office supplies. When asked, the reason given is that attempting to contact the State involved many unanswered phone calls, busy signals, and long periods on hold. However, the Administrative office orders their supplies through the State.
F10:
The annual financial fixed asset inventory audits, when received by the County of Lake Auditor, are verified for format only, and then filed. No examination, analysis or comparison between physical inventory and financial audit is performed by the County Auditor/Controller.
F11:
Since obsolete, surplus, or unused inventory/supply items are thrown away or taken home by employees in at least one department, apparently there is no control established to account for these items. Recommendations:
F12:
As of the date of the committee’s oversight, there had been no involvement by the Treasurer - Tax Collector’s office in the design of the new court house in Lakeport regarding the Treasurer - Tax Collector’s space requirements.
F13:
The committee performed an unannounced observation of one of the change fund counts and found the fund in balance. A computer spreadsheet was utilized by the department to facilitate the cash count of the change fund. Findings: F 1. The Treasurer - Tax Collector struggles with the problem of intermittent and extended leaves. The need for staff members to fill in for absent staff impacts overall productivity. Testimony of staff members indicated a different perspective; a feeling office morale was also impacted. The perception of inadequate cross training also affects morale. F 2. Property tax collection and secured debt collection are regulated and take priority, leaving minimal time for unsecured debt collection. F 3. Regarding the accounting software, there is only anecdotal evidence of what the other 37 counties in California use for the Treasurer – Tax Collector activities. No formal or documented study of the options available to Lake County has ever been done. F 4. A study of options for accounting software could also compare the costs of converting the process and document the costs relative to the current $160,000+ maintenance charges. This study would hopefully put to bed the recurring concern over these high maintenance charges. F 5. The lack of interaction on the new court house design could easily result in a less than efficient or effective court fines/fees collection activity.
F14:
In addition to the Precinct Board, an additional worker is required solely for the “eSlate Polling Place System”. The eSlate Booth is a self-contained package with everything required to create a private space for voters who require specific assistance in order to cast their ballots. This eSlate primarily serves voters who are blind or visually impaired, deaf or hearing impaired, or with speech difficulties, developmental disability, mental illnesses, or confined to a wheelchair.
F15:
The State mandates an eSlate worker for each Precinct Board. In some cases, where two or more Precincts are combined into one polling site, several eSlate workers may be on duty.
F16:
Pre-printed and assembled ballots are received by the Registrar of Voters from the State-approved printer. The ballots are received in double custody and retained in a locked and secured condition until they are removed, under double custody, for distribution to the polling sites. Government Services Committee
F17:
A pre-determined number of ballots is given to each site, where they are again counted when received.
F18:
To eliminate any possibility of a ballot being lost or misused, all ballots – both used and unused - are again counted at the end of the Election Day. The used ballots are funneled to the counting process; the unused ballots are retained separately. At all times, all ballots are under secure and locked custody.
F19:
Polling sites are selected by availability, access, and compliance with mandatory standards imposed by the State, such as Americans with Disabilities Act [ADA] and fire safety requirements.
F20:
Finding appropriate polling sites is difficult. A structurally sound building at a suitable location is a basic requirement.
F21:
Once such a building is located, permission to use it must be obtained and then it must be evaluated for the mandatory safety issues and restrictions.
F22:
Concentration or grouping of residences establishes a precinct.
F23:
After the polls close on each Election Day, the County Administrator and County Counsel are sequestered in a room located in the Registrar of Voters’ office where they count each ballot received and tally each vote. As results are tabulated, they are posted on the County’s website and continually updated.
F24:
It was discovered that in the June 2010 election, the tally of votes in progress was reported by the media as the “official” results when, in fact, the count had not been finalized nor declared official by the Registrar of Voters.
F25:
The State mandates that the voting results are not official until 28 days have elapsed after the Election Day. Only after those mandated 28 days have elapsed are the results deemed “official”.
F26:
There is no mandate for the level of lighting required at polling sites.
F27:
If lighting at a particular polling site seems to be inadequate, any voter may use an eSlate booth to vote using the lighted screen.
F28:
Sample ballots are mailed by the County of Lake Registrar of Voters. The voting pamphlets are mailed by the State. Consequently, voters may receive their sample ballot before the voting pamphlet containing information on the candidates and issues.
F29:
Activities at polling sites other than voting are not allowed. If other activities are witnessed by voters – such as a garage sale or unnecessary conversations between poll workers – the voter is advised to immediately report the activity to the office of the Registrar of Voters, citing the disallowed activity and which polling site is involved. Government Services Committee
F30:
The rural environment and sparse population of Lake County lends itself to mail-in voting. With mail-in ballots comprising nearly 50% of ballots cast, it would seem that the need for polling sites would be less, thereby saving money. However, the State mandates the number of polling sites based on population and does not take mail-in ballots into consideration.
F31:
Signs directing voters to polling sites are on display at 100’ from the polling site.
F32:
A review of the training manuals reveals confusing wording, unclear or undefined terms and acronyms, inconsistent references, typographical errors, and the lack of a glossary to clarify content. Findings: F 1. Additional office space is still unavailable due to the current fiscal condition. F 2. Due to the recommendation of the 2008-2009 Grand Jury, the election worker name tag has been upgraded in design with the County Seal appearing on each one, making the tag more professional in appearance. F 3. The “status” of the posted results is obscurely displayed in the lower right corner of the results screen. F 4. One eSlate worker per precinct is a mandate of the State. When precincts are combined, an over-abundance of eSlate workers may be present. F 5. The Registrar of Voters stated that, even though not required, a light meter will be used by Roving Inspectors at polling sites in the future to evaluate lighting levels. F 6. Signs may be placed further from polling sites and more signs may be purchased for future use in order to properly direct voters to polling sites according to the Registrar of Voters. F 7. The manuals used for training contain unclear references, use proper names rather than position titles, do not properly reference acronyms, have no glossary explaining or defining the terms and phrases used.
Additional Recommendations
1
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 the Grand Jury requests responses as follows: County Administrative Officer via the Board of Supervisors (90 days) Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Government Services Committee Government Services Committee Purchasing I Can Get It For You Wholesale Summary: Is the County attempting to purchase from local vendors? What happens to surplus, obsolete, unused, or out-dated supplies, materials, and equipment? Do the county and/or each department know what they have? Is the Purchasing Ordinance being followed? Background: The Deputy County Administrator serves as the Purchasing Agent for the County of Lake. According to the Purchasing Ordinance (Section 2.35.2), each Agency Head (Departmental Director/Department Head) is automatically appointed as an Assistant Purchasing Agent. Procedure: The Government Services Committee interviewed the Purchasing Agent of the County who stated that annual training sessions were held for each Assistant Purchasing Agent in order to update, confirm, and reinforce the County’s Purchasing Ordinance. The information obtained from the Purchasing Agent was then compared to information obtained from interviews of several Assistant Purchasing Agents and assistants. In a subsequent interview with the Administrative Office, the Committee was informed that inventory audits are conducted by the County Auditor. Government Services Committee Discussion and Facts: The committee reviewed the Purchasing Ordinance. As per the ordinance: The Purchasing Agent shall: a. Coordinate the transfer of surplus property between agencies of the County; b. Exchange, trade-in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused; c. Monitor purchasing activities for compliance with procedural regulations; d. Assign to Assistant Purchasing Agents the responsibility to assist in the performance of various duties prescribed in the Purchasing Ordinance; e. Enter into a Purchasing Agreement with the State Department of General Services for purchases of commodities on behalf of the County of Lake if price is less than what can be obtained in the open market; f. For volume purchasing benefits, enter into cooperative agreements with other public agencies for the purchase of supplies, materials, and equipment in amounts not exceeding twenty-five thousand dollars ($25,000.00) and for contractual services in amounts not exceeding ten thousand dollars ($10,000.00). g. Use additional assistants and assign to them various duties prescribed in the Purchasing Ordinance. The Assistant Purchasing Agent shall contact at least one (1) local vendor, if there is one who can provide the required goods or services, for a verbal quote for the purchase of supplies, materials, equipment and contractual services. An interview with the County Auditor disclosed that an external, out-of-county firm actually performs a financial annual inventory audit. At the time of this report, there is no Certified Public Accountant employed by the County, including in the department of the County Auditor/Controller. In at least one department, surplus, obsolete, or unused supplies and materials are simply thrown away or taken home by employees.