Lake County Grand Jury
2012-2013
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Findings & Recommendations
25 findings
F1:
The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports.
Related Recommendations (2)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R6:
The County Committee convenes one or more public hearings to gauge the electorate support for such unification/consolidation pursuant to Education Code Section 35700(a) and 35721(a). (F1) Request for Responses: County Commission for School District Organization (60 days) LCOE Superintendent of Schools (60 days) All Lake County School Districts Boards of Trustees (60 days) Lake County Board of Supervisors (90 days) 147 Bibliography: “Progress of the Lake County School District Reorganization Feasibility Report”, Lake County Civil Grand Jury, Final Report June 30, 2012, pp111-113 “Twin Rivers Unified School District Police Department”, Sacramento County Grand Jury, Final Report 2011-2012,pp 46-93 “Lake County School District Reorganization Feasibility Report” Lake County Board of Supervisors Resolution 2009-15, October 14, 2009 Escondido Union School District Unification Study, March 8, 2011 “Achieving School District Efficiency Through Consolidation”, 2009-2010 Santa Clara County Civil Grand Jury Report Informational Websites For further information please see: Santa Clara Report URL www.scscourt.org/court_divisions/civilian/gj/2010/SchoolDistrictConsolidation.pdf Escondido report URL www.eusd4kids.org/10-11_Budget/030811EUSD_final_report-838.pdf Twin Rivers Sacramento Unification http://www.asbj.com/TopicsArchive/TwinRiversUnification 148
F2:
Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits.
Related Recommendations (1)
R3:
The date as well as the time be included on the Notice left at the residence. (F2)
F3:
The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas.
Related Recommendations (2)
R2:
Further Lake County Grand Juries investigate the financial aspects of the aforementioned JPAs. (F3) Request for Responses: County Counsel (90 days) Board of Supervisors (90 days) 10 Resources Name Information time period encompassed: Area Agency on Aging 2012 California Association of Joint Powers Authorities 2010 (CAPJA) California Debt & Investment Advisory Commission 2012 (CDIAC) California Secretary of State, Program Analyst 2012-2013 California State Controller 2012-2013 California State Legislature 2007 Senate to Local Government Committee Report California Statewide Communities Development 2012 Authority (CSCDA) Clearlake Advisory Committee 2012 Count of Lake website 2012 Lake County Clerk’s Office 1972-2010 Lake County/City Area Planning Council 2013 Lake County Civil Grand Jury Report 2011-2012 Lake County Superior Court JPA Listing 2012 North Central Counties Consortorium website 2012 Public Agency Risk Sharing Authority of California 2010 (PARSAC) State of California/Secretary of State website 2012 The Essential Public Information Center 2012 Workforce Investment Area NAPA-LAKE 2012 11 BLANK Budget and Finance Committee Complaints C-22 Clearlake Oaks County Water District H-2 Hidden Valley Lake Community Service District Oversights Special Districts – Water Water Everywhere 13 Clearlake Oaks County Water District Complaint C-22 Summary: The 2012-2013 Lake County Civil Grand Jury (LCGJ) received a complaint concerning the policies and procedures of the Clearlake Oaks County Water District (District) relative to billing and water shut-off practices. After acceptance of the complaint, it was assigned to the Budget and Finance Committee (BFC) for investigation and resolution. It was determined the complaint was unwarranted because proper procedures were followed by the District regarding the resolution of a leak on a residential property. Background: The complainant alleged that the District left a notice at an unspecified date in July of 2012 alerting him that a water leak of .5cfm (cubic feet per minute) had been detected. A second notice was left regarding the leak informing him that the water had been turned off and stated that only the District had authority to turn the water back on. The complainant stated that he and a friend repaired the leak and turned the water back on themselves. He stated his reason for doing the repair himself on a Sunday was because his disabled step-daughter needed access to the water service. The complainant later received a notice that his bill would be larger due to the leak. He stated he was required to sign a Payment Agreement for the following months or his meter would be removed and the bill turned over to the District Attorney’s office. The homeowner maintained that his water usage during the term of the leak was miscalculated by the District resulting in an exorbitant bill. Procedure: After review by the BFC of the complaint and attached documentation thereto, it was determined that a site visit to the offices of the District was appropriate. The committee met with two members of the District Board of Directors and the Administrative Assistant on November 2, 2012 at 2pm in the District board room. Discussion and Facts: Timeline of the actions surrounding the complaint: 1. 7/23/12: As a result of the meter reading showing excessive consumption of water, the District tried to contact someone at the residence. The crew received no answer to their knocks and since it appeared that no one was at home they left a notice stating that there appeared to be a leak on the premises and to call if there were any questions. The notice stated the leak was flowing at a rate of .5cfm. There was no date on the notice explaining when the crew was at the property. No Specific Date noted: At some point between 7/23/12 and 7/30/12, the customer went into the District offices to question his bill. In order to facilitate payment of the back charges, the District Administrative Assistant told the complainant that he needed to sign a Payment Agreement. 7/30/12: A District Payment Agreement was drawn up and signed by the customer. District personnel suggested the homeowner hire a plumber to fix the leak. The customer stated he could not afford a plumber. 8/8/12: The leak appeared to go unrepaired, so a District crew returned to the property. No one answered the door, so a second notice was left notifying the homeowner that they were shutting off the water because of continuing excessive amount of water being consumed. 8/10/12: A District crew returned to the property. They were unable to contact anyone at the home. There was no current phone number in the District files so they were unable to confirm that anyone was in residence and were unable to contact the homeowner. However, they did find that the shut-off tags had been tampered with and the water service turned back on. 8/20/12: A letter was sent to the customer regarding the failure to fix the leak and the water valve having been turned on by an unauthorized party. 8/28/12: A second Payment Agreement was drawn up to modify the Payment Agreement of 7/30/12 based on the additional water consumption and the fact that the homeowner said he could not pay the full amount of the bill. The second agreement established a payment schedule the homeowner felt he could afford. 11/02/12: According to District records, the customer is up to date on his agreed upon payments. 15 2. The District has no written policies or procedures that determine under what circumstances the water service will be turned off. According to the Board, the decision to shut off water service is determined on a case by case basis. 3. During the period of July 12, 2012 through August 10, 2012 the District observed that the excessive use of water continued. The District attributed this to the homeowner not having the leak repaired. 4. The District was unable to contact the homeowner in order to determine whether there was anyone living at the location as there was no current phone number on file. 5. At no time was the District able to confirm that there was anyone in residence since no one was answering the door. If it is determined that the residence is occupied, the District must notify the Building Department before the water service is shut off. If the property is unoccupied, the District is authorized to discontinue service. 6. The homeowner wrote in his complaint, “I was told to sign a new payment agreement for the $950 or the meter would be removed and the bill would be turned over to the District Attorney’s office for collection since it exceeds $400.” However, when questioned, the District stated meter removal is a last resort. If they are unable to resolve payment issues the account is turned over to a collection agency. The District does not refer any accounts to the District Attorney’s office. 7. The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings:
R4:
The District Board of Directors establish a policy requiring that a contact phone number be obtained for each account. The application would state that the customer is responsible for updating this information as necessary. (F3) Request for Responses: Clearlake Oaks County Water District (60 days) 17 BLANK HIDDEN VALLEY LAKE COMMUNITY SERVICE DISTRICT Complaint #H-2 Summary: The Budget and Finance Committee investigated a complaint which claimed that Hidden Valley Lake Community Service District (District) falsified wording for a bond issue passed in 1995. The District administration does not agree with the claim. The bond in question has been paid off. The committee found that the complainant was unavailable to substantiate the claim and therefore the complaint appears to be without merit. Background: The 2011-2012 Lake County Grand Jury received a complaint on 5/3/12 and it was held over for the 2012-2013 Grand Jury due to the lateness of receipt. The complaint was assigned to the Budget and Finance Committee. The complainant stated that when the District proposed financing for upgrading the sewer and water services in 1995, the individual property owners were told that as new properties were developed their rates would be reduced. Rates in 1995 were $380.00 per developed parcel per year. The complainant stated that the assessment rate has never decreased even though the number of developed properties has tripled. Procedure: Members of the committee read the complaint and found no paperwork to substantiate the claim as indicated in the letter attached to the complaint. Members of the committee tried to contact the complainant, but his phone had been disconnected. Due to the missing documentation the committee contacted the District to review the information on the bond passed in 1995. Discussion and Facts: 1. The District contact stated that during the term of the bond, as each new parcel was developed, the assessment went to paying down the bond balance. 2. The District contact stated they did not inform homeowners that their assessments would be reduced when new properties were developed. 3. The bond in question has been paid off by the District. Findings:
F4:
The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future.
Related Recommendations (2)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R5:
Inform the community as to who their representative patrol officers are. (F4) Request for Responses: Clearlake Police Department (90 days) City of Clearlake (90 days) 95 96 97 98 99 100 101 BLANK County of Lake Courthouse Holding Facility Oversight Summary: The Public Safety Committee of the Lake County Civil Grand Jury performed a mandatory oversight of the courthouse holding facility at 255 North Forbes Street in Lakeport, California. Background: All Civil Grand Juries of California are mandated to inquire into the conditions of all of the detention/holding facilities within the boundaries of the county annually. Procedure: On November 13, 2012 the committee conducted an oversight of the County of Lake Courthouse Holding Facility. Jail command staff, two County of Lake Information Technology (IT) staff and two transport correctional officers were interviewed at length. An inspection of the facility followed. Discussion and Facts: On August 6, 2012 Superior Court Department IV of the County of Lake was relocated from South Lake Court in Clearlake to the main courthouse in Lakeport. The two IT staff were in the process of installing nine cameras in the holding facility. Audio has been installed in one area and staff are hoping to expand into all areas where the cameras are installed. IT has been working for the past two weeks and the project is nearing completion. The cameras will enable the officer’s in charge of the inmates awaiting trial to better observe their behavior and attitude. 1. Due to the amount of inmates that appear each day at the Courthouse it is necessary for the jail to retain the inmates who have afternoon court appearances at Hill Road Correctional Facility until after lunch. 2. Each courtroom holds up to eleven inmates with one correctional officer. 103 3. Each inmate transported wears ankle chains and waist chains with handcuffs during transport. 4. According to a transport officer there have been no escape attempts from the Holding Facility or during transport in the past twelve years. 5. The Sheriff’s Department has purchased four new prisoner transportation vans. The new vans are longer and hold more inmates than the old vans. They are also safer as they are partitioned to segregate high-risk inmates from the general population. During loading and unloading of prisoners in the sally port the length of the new vans prohibit the ability to lower the security gate. 6. Transportation officers must have jail experience to promote to the Transportation Division. Six weeks on-the-job training with two different transportation officers and the transportation sergeant is also required. 7. A transport officer who is assigned to the holding cell must lock and unlock a cell door fifty to one hundred times per day. The large, heavy cell door key is turned one hundred eighty degrees each time it is used. This causes serious injuries to the wrists of the officers each year. At the time of the Grand Jury visit, two correctional officers were on medical leave due to wrist injuries as a result of repetitive use of the large keys to open and close the cell doors. Findings:
F5:
Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. 24
F6:
The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel. Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually. The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses. The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
F7:
The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings: F 1. The failure of the Board of Directors to have written Policies & Procedures for shutting off water, risks inconsistent actions by the District which are not explained to the customer. F 2. Although door tags were utilized, the lack of a date on the tags could result in confusion on the part of the customer. F 3. Failure to have adequate contact information of the customer risks communication failure and an inability for the District to address issues and problems in a timely manner. F 4. The failure of the Board to have a written policy for addressing disabled clients risks a decline in said client’s health and safety. F 5. In reviewing the water usage and billing documentation by the BFC, it was determined that the District calculations were correct.
F8:
The California Fish and Wildlife Commission has initiated a year long study on the Clearlake Hitch pursuant to a petition on adding the hitch to the Endangered Species List. This may impact how lake water is utilized by the special districts. Findings: F1. The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports. F2. Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits. F3. The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas. F4. The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future. F5. Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. F6. The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel. Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually. The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses. The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
F9:
The DA’s office is in the process of contracting with Pacific Education Services, Inc. for a new adult diversion program for low-grade first-offense misdemeanors within the County of Lake which will consist of a six-hour class held on a Saturday. The goal of this program is to reduce recidivism by providing life skills. Findings: F 1. The Alternative to Community Service Program is beneficial to Lake County. F 2. While it is recognized that the DA’s office does not process the monies for the Alternative to Community Service Program, the committee is concerned that the arbitrariness and lack of transparency of not only who receives the monies, but how much each defendant pays, puts the county and the DA’s office at risk for an illusion of impropriety. F 3. For the purpose of uniformity and clarity, a policies and procedures manual needs to be completed for the assistant district attorneys.
F10:
Smoking rates continue to be high compared to other counties and almost certainly factor strongly into cancer, cardio vascular and respiratory disease rates.
F11:
DPH is actively pursuing solutions to public health issues in Lake County to address these conditions. Findings: F 1. Lake County has an extremely high rate of serious health issues but ranks almost at the bottom of all counties in California in addressing them. F 2. The higher number of seniors in the county combined with lower access to doctors and dentists are contributing factors to the low rankings in the report.
F12:
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
F13:
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services. Findings: F 1. Brochures and posters are not easily found with the above referenced phone numbers. (See fact 10 above). Lakeport Senior Center has a brochure, but it is not posted.
F14:
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
F15:
The EO also facilitates certain agreements, most of which are between cities and counties.
F16:
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 66
F17:
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
F18:
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
F19:
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
F20:
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action. Findings: F 1. Since 2002 a total of 73 MSRs and SOIs have been completed, an average of six per year. Twelve are pending or not completed for various reasons. If those twelve reports are received in 2013, Lake LAFCo’s average rises to seven reports per year. [See Appendix A] F 2. Based on an analysis of Appendix A, three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake. F 3. A total of nine county entities, although listed, show no completions of MSR and SOI reports, some of which are pending resources and revisions. Those include: Adams Springs Water District, West Lake Resource Conservation District (RCD), Hidden Valley Lake CSD, Lake County Vector Control, East Lake RCD, Reclamation District #2070, Reclamation District #695, Villa Blue Estates Water District, and Lake County Water ShedProtection District. This results in 18 incomplete reports. Of those, six are pending for resources. [See Appendix A] F 4. While helping to integrate services to benefit the community, the EO’s role is crucial in determining priorities and facilitating agreements that will benefit the common good. F 5. The current City of Lakeport MSR is contentious and is an example of the need for facilitation between the City of Lakeport and the County of Lake. 67
F21:
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
F22:
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See Appendix B]
F23:
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
F24:
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
F25:
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. Findings: F 1. The various transportation departments are doing an excellent job considering the budgetary constraints under which they operate. F 2. Each district handles purchasing according to their own needs. F 3. The procedures are fairly uniform between districts. F 4. Administrative savings could be realized with centralized Information Technology for record keeping and purchasing. This could eliminate the teaching staff, principals, et al. from being responsible for transportation needs of the students (see “The Educational and Financial Benefits Derived from the Unification of all Lake County School Districts” in the 2012-2013 Civil Grand Jury Report). F 5. The inclusion of GPS transponders allows for real-time location reporting which enhances student safety and security. F 6. Middletown bus barn security is in need of repairs
Additional Recommendations
19
Not linked to specific findings.
R7:
The Campus Mobile Kitchen Unit (MKU) serves fire-fighting personnel in the case of major fires as experienced by Lake and surrounding counties during the 2012 calendar year.
R8:
According to the camp staff hosting the AD HOC Committee, on- site certification for various vocational trades including, but not limited to, construction, water and sewage treatment and landscaping are available to inmates, however computers and computer science equipment for same was not noted during the visit.
R9:
Incident/Fire Response during 2012 included the Wye Fire in Lake County, the Walker Fire in Lake and Colusa Counties, Sites Complex Fire, and Sixteen Complex Fires in Colusa County, the Scotts Fire in Lake County, Mill Fire near the Mill Creek Campground in Mendocino National Forest and numerous lesser incident responses.
R10:
Community and Conservation Projects numbered 16,414 hours and included grading of road and fire prevention efforts benefiting taxpayers in excess of approximately $687,000.00 2
R11:
DPH is actively pursuing solutions to public health issues in Lake County to address these conditions. 48
R12:
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
R13:
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services.
R14:
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
R15:
The EO also facilitates certain agreements, most of which are between cities and counties.
R16:
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 66
R17:
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
R18:
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
R19:
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
R20:
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action.
R21:
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
R22:
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See
R23:
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
R24:
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
R25:
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. 173
Findings & Recommendations
4 findings
F1:
Konocti Conservation Camp #27 is a good alternative to standard prison settings.
Related Recommendations (1)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 2012-13 BLANK -13 Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
F2:
Inmates are provided with sparse but warm and comfortable dormitories for rest and sleep.
F3:
There is adequate food nourishment both in the camp and in the field.
F4:
Konocti Conservation Camp #27 is in a rural setting and maintains an atmosphere conducive to good behavior and thus according to the Camp staff has minimal to zero behavioral problems. Recommendations:
Related Recommendations (1)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 2012-13 BLANK -13 Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
Findings & Recommendations
7 findings
F1:
The director appears a very knowledgeable and experienced employee of the department. He has shown a willingness to work in the field during the current personnel staffing shortage.
F2:
Animal Care and Control, at present, does not routinely notify the complainant of the response to their complaint.
Related Recommendations (2)
R1:
Animal Care and Control, as part of their procedure, contact the complainant as to their investigation and explain the procedure followed and the results therein. (F2) Request for Responses: Animal Care and Control Director through the Board of Supervisors (90 days)
R2:
The showers in A-Pod should be cleaned and sanitized on a daily basis. (F2) Request for Responses: Sheriff (60 days) Board of Supervisors (90 days) 2012-13 BLANK -13 Complaint # H4 Summary: The Public Safety Committee of the Lake County Civil Grand Jury received a complaint from a citizen in custody at the Hill Road Correctional Facility of “unnecessary roughness” by a law enforcement officer. The inmate alleged excessive force. Background: During the alleged incident the complainant stated that he offered no resistance and yet was slammed face-first into a wall and choked by a law enforcement officer. Procedure: Members of the committee reviewed the complaint and discussed the allegations; it was decided by the entire Grand Jury that further investigation was warranted. The committee reviewed personnel records and documents pertaining to the internal investigation conducted in this case. Grievance logs were reviewed to see if prior accusations of this type of behavior existed. Discussion and Facts: 1. There was an accusation from a Lake County citizen of unnecessary roughness by a law enforcement officer. 2. The agency involved interviewed witnesses and the complainant during an internal investigation. 3. The agency involved made the determination whether to take disciplinary action against said officer. 4. The Grand Jury had access to personnel records and internal affairs investigation documents. A thorough review of the documents indicated appropriate force was used. 5. The District Attorney reviewed the case and determined that it did not merit prosecution. 6. Due to the Police Officers’ Bill of Rights and the confidentiality of any individual’s personnel records, the Grand Jury is prohibited from being more specific in its published report. 2012-13 Findings:
F3:
Animal Care and Control responds to the first barking dog complaint received and takes appropriate action.
F4:
Animal Care and Control officers do not respond to barking dog complaints after office hours as it is not deemed an emergency.
F5:
Animal Care and Control have a clear written procedure they enforce regarding barking dogs. Recommendations:
F6:
The complaint of privileges being reduced for no apparent reason has not been substantiated. Recommendations:
F7:
No other jail inmate as of the date of this report has complained of arbitrary reductions of privileges. Findings: F 1. Due to the over capacity of A Pod, a single shower does not provide adequate resources to ensure proper hygiene. F 2. The shower area had what appeared to be black mold on walls, peeling paint and filthy shower mats. F 3. On the second visit by the Grand Jury the water leak in the plumbing chase was repaired. F 4. Command staff states that showers are scheduled to be repaired. F 5. At the time of the Public Safety Committees visits, A-Pod was under disciplinary action. Consequently their time out of their cells had been reduced by half. F 6. The complaint of privileges being reduced for no apparent reason has not been substantiated.
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Findings & Recommendations
13 findings
F1:
Lake County has an extremely high rate of serious health issues but ranks almost at the bottom of all counties in California in addressing them.
Related Recommendations (2)
R1:
The Department of Health Services Division of Public Health continue aggressively addressing health issues and be commended for actively pursuing solutions to public health issues in Lake County. (F1, F2) Request for Responses: Lake County Department of Health Services through the BOS (90 days) 2012-13 BLANK -13 Lake County Jail Medical Oversight Summary: Under California State Law, any facility which incarcerates individuals within its county borders must receive an annual review by the Civil Grand Jury. The Lake County Civil Grand Jury received several complaints pertaining to health issues which were investigated by the Health and Human Services Committee (HHSC) of the Grand Jury. Background: The Lake County Jail located at 4913 Helbush Drive in Lakeport California was designed to hold a maximum capacity of 286 inmates. There are required processes for determining inmate classification. This precludes certain types of inmates from being housed together, e.g., violent felons, men/women, gang-affiliates, etc., which complicates housing. In addition, there are other health and safety standards which must be met while legally housing inmates. The county provides contracted medical services to inmates via the California Forensic Medical Group (CFMG). Procedure: The HHSC committee toured the facility, spoke with current inmates, interviewed the Lake County Undersheriff (who serves as the Jail Commander), reviewed grievances and grievance logs, interviewed the contracted medical provider charge nurse and the contracted mental health nurse. The HHSC committee was also provided with a Cal/OSHA report issued on 5/17/2012. The HHSC committee requested the Jail Commander and other command staff demonstrate use of the newly installed portable defibrillator (AED). Discussion and Facts: 1. At the time of the initial visit the HHSC committee found the inmate population to be more than the mandated capacity of 286. The census increased during the next two months reaching over 300. The overpopulation causes a problem for the medical staff to provide proper medical attention due to the number of patients to be seen each day. 2012-13 2. Inmates beds were placed in open common areas in an attempt to alleviate overcrowding. 3. Based on reports from CFMG and command staff there is no easily transmitted “serious communicable diseases” currently evident at the correctional facility. 4. Inmate access to toilet paper is controlled by the correctional staff. When an inmate is in need of toilet paper the inmate must show the empty roll to an officer before receiving another roll. 5. Inmates were observed working with hazardous materials while putting down tile in the shower areas and not using any of the recommended safety equipment. 6. All deputies and correctional staff are required by County policy and procedures manual, to be CPR certified and must be proficient in the use of the AED, 7. The inmates reported to the HHSC committee an incident of over- chlorination of the water at the jail. The water chlorination problem was addressed and bottled water was issued to inmates and staff at the time of the incident Findings:
R2:
The AAA provide brochures and or posters with information assistance and phone numbers to be posted in sight in senior centers and other places where seniors are likely to frequent. (F1) Request for Responses: Department of Social Services Director, County of Lake through the Board of Supervisors (90 days) 2012-13 BLANK -13
F2:
The higher number of seniors in the county combined with lower access to doctors and dentists are contributing factors to the low rankings in the report. Recommendations:
Related Recommendations (1)
R1:
The Department of Health Services Division of Public Health continue aggressively addressing health issues and be commended for actively pursuing solutions to public health issues in Lake County. (F1, F2) Request for Responses: Lake County Department of Health Services through the BOS (90 days) 2012-13 BLANK -13 Lake County Jail Medical Oversight Summary: Under California State Law, any facility which incarcerates individuals within its county borders must receive an annual review by the Civil Grand Jury. The Lake County Civil Grand Jury received several complaints pertaining to health issues which were investigated by the Health and Human Services Committee (HHSC) of the Grand Jury. Background: The Lake County Jail located at 4913 Helbush Drive in Lakeport California was designed to hold a maximum capacity of 286 inmates. There are required processes for determining inmate classification. This precludes certain types of inmates from being housed together, e.g., violent felons, men/women, gang-affiliates, etc., which complicates housing. In addition, there are other health and safety standards which must be met while legally housing inmates. The county provides contracted medical services to inmates via the California Forensic Medical Group (CFMG). Procedure: The HHSC committee toured the facility, spoke with current inmates, interviewed the Lake County Undersheriff (who serves as the Jail Commander), reviewed grievances and grievance logs, interviewed the contracted medical provider charge nurse and the contracted mental health nurse. The HHSC committee was also provided with a Cal/OSHA report issued on 5/17/2012. The HHSC committee requested the Jail Commander and other command staff demonstrate use of the newly installed portable defibrillator (AED). Discussion and Facts: 1. At the time of the initial visit the HHSC committee found the inmate population to be more than the mandated capacity of 286. The census increased during the next two months reaching over 300. The overpopulation causes a problem for the medical staff to provide proper medical attention due to the number of patients to be seen each day. 2012-13 2. Inmates beds were placed in open common areas in an attempt to alleviate overcrowding. 3. Based on reports from CFMG and command staff there is no easily transmitted “serious communicable diseases” currently evident at the correctional facility. 4. Inmate access to toilet paper is controlled by the correctional staff. When an inmate is in need of toilet paper the inmate must show the empty roll to an officer before receiving another roll. 5. Inmates were observed working with hazardous materials while putting down tile in the shower areas and not using any of the recommended safety equipment. 6. All deputies and correctional staff are required by County policy and procedures manual, to be CPR certified and must be proficient in the use of the AED, 7. The inmates reported to the HHSC committee an incident of over- chlorination of the water at the jail. The water chlorination problem was addressed and bottled water was issued to inmates and staff at the time of the incident Findings:
F3:
CFMG appears to be following guidelines set up by the county and state according to their contract. Recommendations:
F4:
Inmate access to toilet paper is controlled by the correctional staff. When an inmate is in need of toilet paper the inmate must show the empty roll to an officer before receiving another roll.
F5:
Inmates were observed working with hazardous materials while putting down tile in the shower areas and not using any of the recommended safety equipment.
F6:
All deputies and correctional staff are required by County policy and procedures manual, to be CPR certified and must be proficient in the use of the AED,
F7:
The inmates reported to the HHSC committee an incident of over- chlorination of the water at the jail. The water chlorination problem was addressed and bottled water was issued to inmates and staff at the time of the incident Findings: F 1. Overcrowding at the jail jeopardizes medical staff ability to address mental and medical health issues. F 2. According to CFMG, command staff and the County Health Department infectious diseases are currently not a problem at the correctional facility. F 3. CFMG appears to be following guidelines set up by the county and state according to their contract.
F8:
The committee was unable to identify a specific outreach program that actively seeks out seniors in need.
F9:
AAA is an umbrella organization that provides a comprehensive listing (on-line or hard-copy) of all services available to seniors in Lake and Mendocino Counties. By contacting them, one can be directed to their local senior services.
F10:
The AAA 2012/13 budget shows funding from County, State and Federal sources.
F11:
There are several telephone numbers available for seniors to obtain information and assistance for available services. From area code 707, AAA has a toll-free telephone number 1-800-510-2020. The Lake County number is 707 262-4517 and for Lake and Mendocino Counties the number is 707 468-5132. 2012-13
F12:
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
F13:
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services. Findings: F 1. Brochures and posters are not easily found with the above referenced phone numbers. (See fact 10 above). Lakeport Senior Center has a brochure, but it is not posted.
Findings & Recommendations
6 findings
F1:
The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports.
Related Recommendations (2)
R1:
Prior to consideration of a consolidation of the water districts, it is recommended that the Lake County Local Agency Formation Commission prepare and adopt a special study: Municipal Service Review (MSR), concluding that annexation of the districts is feasible. (F1, F2, F4, F6)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
F2:
Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits.
Related Recommendations (2)
R1:
Prior to consideration of a consolidation of the water districts, it is recommended that the Lake County Local Agency Formation Commission prepare and adopt a special study: Municipal Service Review (MSR), concluding that annexation of the districts is feasible. (F1, F2, F4, F6)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
F3:
The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas.
Related Recommendations (1)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
F4:
The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future.
Related Recommendations (2)
R1:
Prior to consideration of a consolidation of the water districts, it is recommended that the Lake County Local Agency Formation Commission prepare and adopt a special study: Municipal Service Review (MSR), concluding that annexation of the districts is feasible. (F1, F2, F4, F6)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
F5:
Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. 2012-13
Related Recommendations (1)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
F6:
The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel. Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually. The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses. The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
Related Recommendations (2)
R1:
Prior to consideration of a consolidation of the water districts, it is recommended that the Lake County Local Agency Formation Commission prepare and adopt a special study: Municipal Service Review (MSR), concluding that annexation of the districts is feasible. (F1, F2, F4, F6)
R2:
Board of Supervisors research the feasibility of acquiring private water systems located in Lake County. (F1-F6) Request for Responses: LAFCO (90 days) Board of Supervisors (90 days) 2012-13
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Findings & Recommendations
25 findings
F1:
The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports.
Related Recommendations (2)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R6:
The County Committee convenes one or more public hearings to gauge the electorate support for such unification/consolidation pursuant to Education Code Section 35700(a) and 35721(a). (F1) Request for Responses: County Commission for School District Organization (60 days) LCOE Superintendent of Schools (60 days) All Lake County School Districts Boards of Trustees (60 days) Lake County Board of Supervisors (90 days) 147 Bibliography: “Progress of the Lake County School District Reorganization Feasibility Report”, Lake County Civil Grand Jury, Final Report June 30, 2012, pp111-113 “Twin Rivers Unified School District Police Department”, Sacramento County Grand Jury, Final Report 2011-2012,pp 46-93 “Lake County School District Reorganization Feasibility Report” Lake County Board of Supervisors Resolution 2009-15, October 14, 2009 Escondido Union School District Unification Study, March 8, 2011 “Achieving School District Efficiency Through Consolidation”, 2009-2010 Santa Clara County Civil Grand Jury Report Informational Websites For further information please see: Santa Clara Report URL www.scscourt.org/court_divisions/civilian/gj/2010/SchoolDistrictConsolidation.pdf Escondido report URL www.eusd4kids.org/10-11_Budget/030811EUSD_final_report-838.pdf Twin Rivers Sacramento Unification http://www.asbj.com/TopicsArchive/TwinRiversUnification 148
F2:
Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits.
Related Recommendations (1)
R3:
The date as well as the time be included on the Notice left at the residence. (F2)
F3:
The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas.
Related Recommendations (2)
R2:
Further Lake County Grand Juries investigate the financial aspects of the aforementioned JPAs. (F3) Request for Responses: County Counsel (90 days) Board of Supervisors (90 days) 10 Resources Name Information time period encompassed: Area Agency on Aging 2012 California Association of Joint Powers Authorities 2010 (CAPJA) California Debt & Investment Advisory Commission 2012 (CDIAC) California Secretary of State, Program Analyst 2012-2013 California State Controller 2012-2013 California State Legislature 2007 Senate to Local Government Committee Report California Statewide Communities Development 2012 Authority (CSCDA) Clearlake Advisory Committee 2012 Count of Lake website 2012 Lake County Clerk’s Office 1972-2010 Lake County/City Area Planning Council 2013 Lake County Civil Grand Jury Report 2011-2012 Lake County Superior Court JPA Listing 2012 North Central Counties Consortorium website 2012 Public Agency Risk Sharing Authority of California 2010 (PARSAC) State of California/Secretary of State website 2012 The Essential Public Information Center 2012 Workforce Investment Area NAPA-LAKE 2012 11 BLANK Budget and Finance Committee Complaints C-22 Clearlake Oaks County Water District H-2 Hidden Valley Lake Community Service District Oversights Special Districts – Water Water Everywhere 13 Clearlake Oaks County Water District Complaint C-22 Summary: The 2012-2013 Lake County Civil Grand Jury (LCGJ) received a complaint concerning the policies and procedures of the Clearlake Oaks County Water District (District) relative to billing and water shut-off practices. After acceptance of the complaint, it was assigned to the Budget and Finance Committee (BFC) for investigation and resolution. It was determined the complaint was unwarranted because proper procedures were followed by the District regarding the resolution of a leak on a residential property. Background: The complainant alleged that the District left a notice at an unspecified date in July of 2012 alerting him that a water leak of .5cfm (cubic feet per minute) had been detected. A second notice was left regarding the leak informing him that the water had been turned off and stated that only the District had authority to turn the water back on. The complainant stated that he and a friend repaired the leak and turned the water back on themselves. He stated his reason for doing the repair himself on a Sunday was because his disabled step-daughter needed access to the water service. The complainant later received a notice that his bill would be larger due to the leak. He stated he was required to sign a Payment Agreement for the following months or his meter would be removed and the bill turned over to the District Attorney’s office. The homeowner maintained that his water usage during the term of the leak was miscalculated by the District resulting in an exorbitant bill. Procedure: After review by the BFC of the complaint and attached documentation thereto, it was determined that a site visit to the offices of the District was appropriate. The committee met with two members of the District Board of Directors and the Administrative Assistant on November 2, 2012 at 2pm in the District board room. Discussion and Facts: Timeline of the actions surrounding the complaint: 1. 7/23/12: As a result of the meter reading showing excessive consumption of water, the District tried to contact someone at the residence. The crew received no answer to their knocks and since it appeared that no one was at home they left a notice stating that there appeared to be a leak on the premises and to call if there were any questions. The notice stated the leak was flowing at a rate of .5cfm. There was no date on the notice explaining when the crew was at the property. No Specific Date noted: At some point between 7/23/12 and 7/30/12, the customer went into the District offices to question his bill. In order to facilitate payment of the back charges, the District Administrative Assistant told the complainant that he needed to sign a Payment Agreement. 7/30/12: A District Payment Agreement was drawn up and signed by the customer. District personnel suggested the homeowner hire a plumber to fix the leak. The customer stated he could not afford a plumber. 8/8/12: The leak appeared to go unrepaired, so a District crew returned to the property. No one answered the door, so a second notice was left notifying the homeowner that they were shutting off the water because of continuing excessive amount of water being consumed. 8/10/12: A District crew returned to the property. They were unable to contact anyone at the home. There was no current phone number in the District files so they were unable to confirm that anyone was in residence and were unable to contact the homeowner. However, they did find that the shut-off tags had been tampered with and the water service turned back on. 8/20/12: A letter was sent to the customer regarding the failure to fix the leak and the water valve having been turned on by an unauthorized party. 8/28/12: A second Payment Agreement was drawn up to modify the Payment Agreement of 7/30/12 based on the additional water consumption and the fact that the homeowner said he could not pay the full amount of the bill. The second agreement established a payment schedule the homeowner felt he could afford. 11/02/12: According to District records, the customer is up to date on his agreed upon payments. 15 2. The District has no written policies or procedures that determine under what circumstances the water service will be turned off. According to the Board, the decision to shut off water service is determined on a case by case basis. 3. During the period of July 12, 2012 through August 10, 2012 the District observed that the excessive use of water continued. The District attributed this to the homeowner not having the leak repaired. 4. The District was unable to contact the homeowner in order to determine whether there was anyone living at the location as there was no current phone number on file. 5. At no time was the District able to confirm that there was anyone in residence since no one was answering the door. If it is determined that the residence is occupied, the District must notify the Building Department before the water service is shut off. If the property is unoccupied, the District is authorized to discontinue service. 6. The homeowner wrote in his complaint, “I was told to sign a new payment agreement for the $950 or the meter would be removed and the bill would be turned over to the District Attorney’s office for collection since it exceeds $400.” However, when questioned, the District stated meter removal is a last resort. If they are unable to resolve payment issues the account is turned over to a collection agency. The District does not refer any accounts to the District Attorney’s office. 7. The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings:
R4:
The District Board of Directors establish a policy requiring that a contact phone number be obtained for each account. The application would state that the customer is responsible for updating this information as necessary. (F3) Request for Responses: Clearlake Oaks County Water District (60 days) 17 BLANK HIDDEN VALLEY LAKE COMMUNITY SERVICE DISTRICT Complaint #H-2 Summary: The Budget and Finance Committee investigated a complaint which claimed that Hidden Valley Lake Community Service District (District) falsified wording for a bond issue passed in 1995. The District administration does not agree with the claim. The bond in question has been paid off. The committee found that the complainant was unavailable to substantiate the claim and therefore the complaint appears to be without merit. Background: The 2011-2012 Lake County Grand Jury received a complaint on 5/3/12 and it was held over for the 2012-2013 Grand Jury due to the lateness of receipt. The complaint was assigned to the Budget and Finance Committee. The complainant stated that when the District proposed financing for upgrading the sewer and water services in 1995, the individual property owners were told that as new properties were developed their rates would be reduced. Rates in 1995 were $380.00 per developed parcel per year. The complainant stated that the assessment rate has never decreased even though the number of developed properties has tripled. Procedure: Members of the committee read the complaint and found no paperwork to substantiate the claim as indicated in the letter attached to the complaint. Members of the committee tried to contact the complainant, but his phone had been disconnected. Due to the missing documentation the committee contacted the District to review the information on the bond passed in 1995. Discussion and Facts: 1. The District contact stated that during the term of the bond, as each new parcel was developed, the assessment went to paying down the bond balance. 2. The District contact stated they did not inform homeowners that their assessments would be reduced when new properties were developed. 3. The bond in question has been paid off by the District. Findings:
F4:
The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future.
Related Recommendations (2)
R1:
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses: Konocti Conservation Camp #27 (60 days) CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R5:
Inform the community as to who their representative patrol officers are. (F4) Request for Responses: Clearlake Police Department (90 days) City of Clearlake (90 days) 95 96 97 98 99 100 101 BLANK County of Lake Courthouse Holding Facility Oversight Summary: The Public Safety Committee of the Lake County Civil Grand Jury performed a mandatory oversight of the courthouse holding facility at 255 North Forbes Street in Lakeport, California. Background: All Civil Grand Juries of California are mandated to inquire into the conditions of all of the detention/holding facilities within the boundaries of the county annually. Procedure: On November 13, 2012 the committee conducted an oversight of the County of Lake Courthouse Holding Facility. Jail command staff, two County of Lake Information Technology (IT) staff and two transport correctional officers were interviewed at length. An inspection of the facility followed. Discussion and Facts: On August 6, 2012 Superior Court Department IV of the County of Lake was relocated from South Lake Court in Clearlake to the main courthouse in Lakeport. The two IT staff were in the process of installing nine cameras in the holding facility. Audio has been installed in one area and staff are hoping to expand into all areas where the cameras are installed. IT has been working for the past two weeks and the project is nearing completion. The cameras will enable the officer’s in charge of the inmates awaiting trial to better observe their behavior and attitude. 1. Due to the amount of inmates that appear each day at the Courthouse it is necessary for the jail to retain the inmates who have afternoon court appearances at Hill Road Correctional Facility until after lunch. 2. Each courtroom holds up to eleven inmates with one correctional officer. 103 3. Each inmate transported wears ankle chains and waist chains with handcuffs during transport. 4. According to a transport officer there have been no escape attempts from the Holding Facility or during transport in the past twelve years. 5. The Sheriff’s Department has purchased four new prisoner transportation vans. The new vans are longer and hold more inmates than the old vans. They are also safer as they are partitioned to segregate high-risk inmates from the general population. During loading and unloading of prisoners in the sally port the length of the new vans prohibit the ability to lower the security gate. 6. Transportation officers must have jail experience to promote to the Transportation Division. Six weeks on-the-job training with two different transportation officers and the transportation sergeant is also required. 7. A transport officer who is assigned to the holding cell must lock and unlock a cell door fifty to one hundred times per day. The large, heavy cell door key is turned one hundred eighty degrees each time it is used. This causes serious injuries to the wrists of the officers each year. At the time of the Grand Jury visit, two correctional officers were on medical leave due to wrist injuries as a result of repetitive use of the large keys to open and close the cell doors. Findings:
F5:
Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. 24
F6:
The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel. Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually. The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses. The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
F7:
The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings: F 1. The failure of the Board of Directors to have written Policies & Procedures for shutting off water, risks inconsistent actions by the District which are not explained to the customer. F 2. Although door tags were utilized, the lack of a date on the tags could result in confusion on the part of the customer. F 3. Failure to have adequate contact information of the customer risks communication failure and an inability for the District to address issues and problems in a timely manner. F 4. The failure of the Board to have a written policy for addressing disabled clients risks a decline in said client’s health and safety. F 5. In reviewing the water usage and billing documentation by the BFC, it was determined that the District calculations were correct.
F8:
The California Fish and Wildlife Commission has initiated a year long study on the Clearlake Hitch pursuant to a petition on adding the hitch to the Endangered Species List. This may impact how lake water is utilized by the special districts. Findings: F1. The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports. F2. Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits. F3. The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas. F4. The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future. F5. Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. F6. The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel. Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually. The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses. The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
F9:
The DA’s office is in the process of contracting with Pacific Education Services, Inc. for a new adult diversion program for low-grade first-offense misdemeanors within the County of Lake which will consist of a six-hour class held on a Saturday. The goal of this program is to reduce recidivism by providing life skills. Findings: F 1. The Alternative to Community Service Program is beneficial to Lake County. F 2. While it is recognized that the DA’s office does not process the monies for the Alternative to Community Service Program, the committee is concerned that the arbitrariness and lack of transparency of not only who receives the monies, but how much each defendant pays, puts the county and the DA’s office at risk for an illusion of impropriety. F 3. For the purpose of uniformity and clarity, a policies and procedures manual needs to be completed for the assistant district attorneys.
F10:
Smoking rates continue to be high compared to other counties and almost certainly factor strongly into cancer, cardio vascular and respiratory disease rates.
F11:
DPH is actively pursuing solutions to public health issues in Lake County to address these conditions. Findings: F 1. Lake County has an extremely high rate of serious health issues but ranks almost at the bottom of all counties in California in addressing them. F 2. The higher number of seniors in the county combined with lower access to doctors and dentists are contributing factors to the low rankings in the report.
F12:
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
F13:
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services. Findings: F 1. Brochures and posters are not easily found with the above referenced phone numbers. (See fact 10 above). Lakeport Senior Center has a brochure, but it is not posted.
F14:
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
F15:
The EO also facilitates certain agreements, most of which are between cities and counties.
F16:
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 66
F17:
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
F18:
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
F19:
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
F20:
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action. Findings: F 1. Since 2002 a total of 73 MSRs and SOIs have been completed, an average of six per year. Twelve are pending or not completed for various reasons. If those twelve reports are received in 2013, Lake LAFCo’s average rises to seven reports per year. [See Appendix A] F 2. Based on an analysis of Appendix A, three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake. F 3. A total of nine county entities, although listed, show no completions of MSR and SOI reports, some of which are pending resources and revisions. Those include: Adams Springs Water District, West Lake Resource Conservation District (RCD), Hidden Valley Lake CSD, Lake County Vector Control, East Lake RCD, Reclamation District #2070, Reclamation District #695, Villa Blue Estates Water District, and Lake County Water ShedProtection District. This results in 18 incomplete reports. Of those, six are pending for resources. [See Appendix A] F 4. While helping to integrate services to benefit the community, the EO’s role is crucial in determining priorities and facilitating agreements that will benefit the common good. F 5. The current City of Lakeport MSR is contentious and is an example of the need for facilitation between the City of Lakeport and the County of Lake. 67
F21:
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
F22:
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See Appendix B]
F23:
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
F24:
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
F25:
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. Findings: F 1. The various transportation departments are doing an excellent job considering the budgetary constraints under which they operate. F 2. Each district handles purchasing according to their own needs. F 3. The procedures are fairly uniform between districts. F 4. Administrative savings could be realized with centralized Information Technology for record keeping and purchasing. This could eliminate the teaching staff, principals, et al. from being responsible for transportation needs of the students (see “The Educational and Financial Benefits Derived from the Unification of all Lake County School Districts” in the 2012-2013 Civil Grand Jury Report). F 5. The inclusion of GPS transponders allows for real-time location reporting which enhances student safety and security. F 6. Middletown bus barn security is in need of repairs
Additional Recommendations
19
Not linked to specific findings.
R7:
The Campus Mobile Kitchen Unit (MKU) serves fire-fighting personnel in the case of major fires as experienced by Lake and surrounding counties during the 2012 calendar year.
R8:
According to the camp staff hosting the AD HOC Committee, on- site certification for various vocational trades including, but not limited to, construction, water and sewage treatment and landscaping are available to inmates, however computers and computer science equipment for same was not noted during the visit.
R9:
Incident/Fire Response during 2012 included the Wye Fire in Lake County, the Walker Fire in Lake and Colusa Counties, Sites Complex Fire, and Sixteen Complex Fires in Colusa County, the Scotts Fire in Lake County, Mill Fire near the Mill Creek Campground in Mendocino National Forest and numerous lesser incident responses.
R10:
Community and Conservation Projects numbered 16,414 hours and included grading of road and fire prevention efforts benefiting taxpayers in excess of approximately $687,000.00 2
R11:
DPH is actively pursuing solutions to public health issues in Lake County to address these conditions. 48
R12:
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
R13:
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services.
R14:
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
R15:
The EO also facilitates certain agreements, most of which are between cities and counties.
R16:
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 66
R17:
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
R18:
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
R19:
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
R20:
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action.
R21:
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
R22:
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See
R23:
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
R24:
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
R25:
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. 173
Findings & Recommendations
7 findings
F1:
The lack of enforcement power in the law for failure to follow proper state notification guidelines makes it difficult, if not impossible, to properly identify and collate all JPAs within Lake County as there are no repercussions to the JPA for failure to file or report.
Related Recommendations (1)
R1:
The Board of Supervisors consider adding a position or add the responsibilities to a position of monitoring JPAs which use, in some form or fashion, county funds. (F1-F3)
F2:
The variety of titles a JPA can use also makes it difficult to identify them.
Related Recommendations (2)
R1:
The Board of Supervisors consider adding a position or add the responsibilities to a position of monitoring JPAs which use, in some form or fashion, county funds. (F1-F3)
R3:
The date as well as the time be included on the Notice left at the residence. (F2)
F3:
Since JPAs use public monies, an accounting of their existence is vital to maintain the integrity of the public funds being utilized. Recommendations:
Related Recommendations (3)
R1:
The Board of Supervisors consider adding a position or add the responsibilities to a position of monitoring JPAs which use, in some form or fashion, county funds. (F1-F3)
R2:
Further Lake County Grand Juries investigate the financial aspects of the aforementioned JPAs. (F3) Request for Responses: County Counsel (90 days) Board of Supervisors (90 days) 2012-13 Resources Name Information time period encompassed: Area Agency on Aging 2012 California Association of Joint Powers Authorities 2010 (CAPJA) California Debt & Investment Advisory Commission 2012 (CDIAC) California Secretary of State, Program Analyst 2012-2013 California State Controller 2012-2013 California State Legislature 2007 Senate to Local Government Committee Report California Statewide Communities Development 2012 Authority (CSCDA) Clearlake Advisory Committee 2012 Count of Lake website 2012 Lake County Clerk’s Office 1972-2010 Lake County/City Area Planning Council 2013 Lake County Civil Grand Jury Report 2011-2012 Lake County Superior Court JPA Listing 2012 North Central Counties Consortorium website 2012 Public Agency Risk Sharing Authority of California 2010 (PARSAC) State of California/Secretary of State website 2012 The Essential Public Information Center 2012 Workforce Investment Area NAPA-LAKE 2012 2012-13 BLANK -13 Budget and Finance Committee Complaints C-22 Clearlake Oaks County Water District H-2 Hidden Valley Lake Community Service District Oversights Special Districts – Water Water Everywhere 2012-13 Clearlake Oaks County Water District Complaint C-22 Summary: The 2012-2013 Lake County Civil Grand Jury (LCGJ) received a complaint concerning the policies and procedures of the Clearlake Oaks County Water District (District) relative to billing and water shut-off practices. After acceptance of the complaint, it was assigned to the Budget and Finance Committee (BFC) for investigation and resolution. It was determined the complaint was unwarranted because proper procedures were followed by the District regarding the resolution of a leak on a residential property. Background: The complainant alleged that the District left a notice at an unspecified date in July of 2012 alerting him that a water leak of .5cfm (cubic feet per minute) had been detected. A second notice was left regarding the leak informing him that the water had been turned off and stated that only the District had authority to turn the water back on. The complainant stated that he and a friend repaired the leak and turned the water back on themselves. He stated his reason for doing the repair himself on a Sunday was because his disabled step-daughter needed access to the water service. The complainant later received a notice that his bill would be larger due to the leak. He stated he was required to sign a Payment Agreement for the following months or his meter would be removed and the bill turned over to the District Attorney’s office. The homeowner maintained that his water usage during the term of the leak was miscalculated by the District resulting in an exorbitant bill. Procedure: After review by the BFC of the complaint and attached documentation thereto, it was determined that a site visit to the offices of the District was appropriate. The committee met with two members of the District Board of Directors and the Administrative Assistant on November 2, 2012 at 2pm in the District board room. 2012-13 Discussion and Facts: Timeline of the actions surrounding the complaint: 1. 7/23/12: As a result of the meter reading showing excessive consumption of water, the District tried to contact someone at the residence. The crew received no answer to their knocks and since it appeared that no one was at home they left a notice stating that there appeared to be a leak on the premises and to call if there were any questions. The notice stated the leak was flowing at a rate of .5cfm. There was no date on the notice explaining when the crew was at the property. No Specific Date noted: At some point between 7/23/12 and 7/30/12, the customer went into the District offices to question his bill. In order to facilitate payment of the back charges, the District Administrative Assistant told the complainant that he needed to sign a Payment Agreement. 7/30/12: A District Payment Agreement was drawn up and signed by the customer. District personnel suggested the homeowner hire a plumber to fix the leak. The customer stated he could not afford a plumber. 8/8/12: The leak appeared to go unrepaired, so a District crew returned to the property. No one answered the door, so a second notice was left notifying the homeowner that they were shutting off the water because of continuing excessive amount of water being consumed. 8/10/12: A District crew returned to the property. They were unable to contact anyone at the home. There was no current phone number in the District files so they were unable to confirm that anyone was in residence and were unable to contact the homeowner. However, they did find that the shut-off tags had been tampered with and the water service turned back on. 8/20/12: A letter was sent to the customer regarding the failure to fix the leak and the water valve having been turned on by an unauthorized party. 8/28/12: A second Payment Agreement was drawn up to modify the Payment Agreement of 7/30/12 based on the additional water consumption and the fact that the homeowner said he could not pay the full amount of the bill. The second agreement established a payment schedule the homeowner felt he could afford. 11/02/12: According to District records, the customer is up to date on his agreed upon payments. 2012-13 2. The District has no written policies or procedures that determine under what circumstances the water service will be turned off. According to the Board, the decision to shut off water service is determined on a case by case basis. 3. During the period of July 12, 2012 through August 10, 2012 the District observed that the excessive use of water continued. The District attributed this to the homeowner not having the leak repaired. 4. The District was unable to contact the homeowner in order to determine whether there was anyone living at the location as there was no current phone number on file. 5. At no time was the District able to confirm that there was anyone in residence since no one was answering the door. If it is determined that the residence is occupied, the District must notify the Building Department before the water service is shut off. If the property is unoccupied, the District is authorized to discontinue service. 6. The homeowner wrote in his complaint, “I was told to sign a new payment agreement for the $950 or the meter would be removed and the bill would be turned over to the District Attorney’s office for collection since it exceeds $400.” However, when questioned, the District stated meter removal is a last resort. If they are unable to resolve payment issues the account is turned over to a collection agency. The District does not refer any accounts to the District Attorney’s office. 7. The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings:
R4:
The District Board of Directors establish a policy requiring that a contact phone number be obtained for each account. The application would state that the customer is responsible for updating this information as necessary. (F3) Request for Responses: Clearlake Oaks County Water District (60 days) 2012-13 BLANK -13 HIDDEN VALLEY LAKE COMMUNITY SERVICE DISTRICT Complaint #H-2 Summary: The Budget and Finance Committee investigated a complaint which claimed that Hidden Valley Lake Community Service District (District) falsified wording for a bond issue passed in 1995. The District administration does not agree with the claim. The bond in question has been paid off. The committee found that the complainant was unavailable to substantiate the claim and therefore the complaint appears to be without merit. Background: The 2011-2012 Lake County Grand Jury received a complaint on 5/3/12 and it was held over for the 2012-2013 Grand Jury due to the lateness of receipt. The complaint was assigned to the Budget and Finance Committee. The complainant stated that when the District proposed financing for upgrading the sewer and water services in 1995, the individual property owners were told that as new properties were developed their rates would be reduced. Rates in 1995 were $380.00 per developed parcel per year. The complainant stated that the assessment rate has never decreased even though the number of developed properties has tripled. Procedure: Members of the committee read the complaint and found no paperwork to substantiate the claim as indicated in the letter attached to the complaint. Members of the committee tried to contact the complainant, but his phone had been disconnected. Due to the missing documentation the committee contacted the District to review the information on the bond passed in 1995. Discussion and Facts: 1. The District contact stated that during the term of the bond, as each new parcel was developed, the assessment went to paying down the bond balance. 2. The District contact stated they did not inform homeowners that their assessments would be reduced when new properties were developed. 3. The bond in question has been paid off by the District. 2012-13 Findings:
F4:
The failure of the Board to have a written policy for addressing disabled clients risks a decline in said client’s health and safety. 2012-13
F5:
In reviewing the water usage and billing documentation by the BFC, it was determined that the District calculations were correct. Recommendations:
F6:
The homeowner wrote in his complaint, “I was told to sign a new payment agreement for the $950 or the meter would be removed and the bill would be turned over to the District Attorney’s office for collection since it exceeds $400.” However, when questioned, the District stated meter removal is a last resort. If they are unable to resolve payment issues the account is turned over to a collection agency. The District does not refer any accounts to the District Attorney’s office.
F7:
The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings: F 1. The failure of the Board of Directors to have written Policies & Procedures for shutting off water, risks inconsistent actions by the District which are not explained to the customer. F 2. Although door tags were utilized, the lack of a date on the tags could result in confusion on the part of the customer. F 3. Failure to have adequate contact information of the customer risks communication failure and an inability for the District to address issues and problems in a timely manner. F 4. The failure of the Board to have a written policy for addressing disabled clients risks a decline in said client’s health and safety. 2012-13 F 5. In reviewing the water usage and billing documentation by the BFC, it was determined that the District calculations were correct.
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Findings & Recommendations
17 findings
F1:
Officer retention is difficult due to lower pay and benefits compared to cities within surrounding counties.
Related Recommendations (1)
R3:
Apply for any and all grants to assist in financing additional police officers and/or equipment. (F1)
F2:
In general, the crime rate and population increase during the summer months due to tourism.
Related Recommendations (1)
R4:
The City of Clearlake authorize additional police officer positions due to the increase of population and crime rate within the city. (F2, F3)
F3:
The Police Department responds to a large number of calls for service each year.
Related Recommendations (1)
R4:
The City of Clearlake authorize additional police officer positions due to the increase of population and crime rate within the city. (F2, F3)
F4:
Clearlake Police Department officers have been assigned to a certain beat area to promote community oriented policing. Recommendations:
Related Recommendations (2)
R1:
Look into the installation of a keyless security system for cell doors. (F4)
R5:
Inform the community as to who their representative patrol officers are. (F4) Request for Responses: Clearlake Police Department (90 days) City of Clearlake (90 days) 2012-13 2012-13 2012-13 2012-13 2012-13 2012-13 2012-13 BLANK -13 County of Lake Courthouse Holding Facility Oversight Summary: The Public Safety Committee of the Lake County Civil Grand Jury performed a mandatory oversight of the courthouse holding facility at 255 North Forbes Street in Lakeport, California. Background: All Civil Grand Juries of California are mandated to inquire into the conditions of all of the detention/holding facilities within the boundaries of the county annually. Procedure: On November 13, 2012 the committee conducted an oversight of the County of Lake Courthouse Holding Facility. Jail command staff, two County of Lake Information Technology (IT) staff and two transport correctional officers were interviewed at length. An inspection of the facility followed. Discussion and Facts: On August 6, 2012 Superior Court Department IV of the County of Lake was relocated from South Lake Court in Clearlake to the main courthouse in Lakeport. The two IT staff were in the process of installing nine cameras in the holding facility. Audio has been installed in one area and staff are hoping to expand into all areas where the cameras are installed. IT has been working for the past two weeks and the project is nearing completion. The cameras will enable the officer’s in charge of the inmates awaiting trial to better observe their behavior and attitude. 1. Due to the amount of inmates that appear each day at the Courthouse it is necessary for the jail to retain the inmates who have afternoon court appearances at Hill Road Correctional Facility until after lunch. 2. Each courtroom holds up to eleven inmates with one correctional officer. 2012-13 3. Each inmate transported wears ankle chains and waist chains with handcuffs during transport. 4. According to a transport officer there have been no escape attempts from the Holding Facility or during transport in the past twelve years. 5. The Sheriff’s Department has purchased four new prisoner transportation vans. The new vans are longer and hold more inmates than the old vans. They are also safer as they are partitioned to segregate high-risk inmates from the general population. During loading and unloading of prisoners in the sally port the length of the new vans prohibit the ability to lower the security gate. 6. Transportation officers must have jail experience to promote to the Transportation Division. Six weeks on-the-job training with two different transportation officers and the transportation sergeant is also required. 7. A transport officer who is assigned to the holding cell must lock and unlock a cell door fifty to one hundred times per day. The large, heavy cell door key is turned one hundred eighty degrees each time it is used. This causes serious injuries to the wrists of the officers each year. At the time of the Grand Jury visit, two correctional officers were on medical leave due to wrist injuries as a result of repetitive use of the large keys to open and close the cell doors. Findings:
F5:
The inability to lower the security gate is a potential safety risk.
F6:
Updating of audio and video was being finished in the holding area during the Grand Jury visit. This updating will enhance prisoner and staff safety and security. Recommendations:
Related Recommendations (1)
R2:
Have Building and Grounds research the possibility of lengthening the sally port to accommodate closure of the security gate. (F6) Request for Responses: Sheriff (60 days) Board of Supervisors (90 days) 2012-13 BLANK -13 Juvenile Hall Oversight Summary: The Public Services Committee of the Lake County Civil Grand Jury conducted the annual mandatory oversight of Lake County Juvenile Hall located at 1111 Whalen Way, Lakeport, CA. Juvenile Hall is a detention center for minors in violation of the law who have had a criminal report issued. The detention could be temporary or long term but not longer than a continuous year. Background: The Juvenile Hall facility was built in 1984 and has yearly inspections by various agencies. These include but are not limited to: A) Fire/Life Safety Inspection by the Lakeport Fire Department. Fire drills are conducted quarterly. B) County of Lake Community Development Department Building and Safety Division C) Health inspection by Lake County Health Services Department. (Appendix A) D) Lake County Office of Education E) California State Corrections Standards Authority F) Lake County Superior Court of the State of California The facility has a capacity of forty. At the time of the oversight there were twenty-two wards of the court, three females and nineteen males. There are twenty-eight usable beds in wings A & C. Wing B is used for interviews with law enforcement, mental health staff, clergy and medical staff. There are two modular classrooms, with a secured walkway, adjacent to the facility with a regular classroom and a computer lab. The outside recreational area consists of a basketball court with hoops, a baseball diamond not in use due to security issues, and a net for volleyball. Procedure: The committee met with and interviewed the superintendent and juvenile counselor at Juvenile Hall on January 22, 2013 At that time the committee also spoke with correctional staff and teachers and conducted a tour of the facility. The committee obtained a copy of the Detainee Contract which must 2012-13 be signed by the juvenile at intake and received a copy of the monthly menus, food temperature log at delivery of meals and various inspection reports. Discussion and Facts: 1. When a juvenile comes into contact with law enforcement and a criminal report is generated as a result, that report is referred to the Lake County Probation Department. A juvenile who is the subject of a criminal report can be cited to appear, arrested and taken to Juvenile Hall, or released at the scene or to the juvenile’s parents or guardian. 2. The Probation Department will review the crime report involving the juvenile and decide whether or not to refer the case to the District Attorney’s Office. Some cases that are minor in nature can be handled by the Probation Department informally without the individuals being referred to the Juvenile Justice System. Certain criminal charges, including certain offenses listed in California State Welfare and Institutions Code Section 707(b), must be referred to the District Attorney’s Office for review. 3. Whether a child will be prosecuted in Juvenile Court or Criminal Court is decided by the District Attorney with the assistance of the Probation Department. Any person who was alleged, when he or she was 14 years of age or older, to have committed murder or felony sexual offenses shall be prosecuted under the general law in a court or criminal jurisdiction. Any other proceedings are held in Juvenile Court and are confidential. 4. A juvenile with known violent history or gang affiliations will be classified during the Evaluation Assessment Intake Interview. All precautions are taken to minimize interaction with other juveniles so as not to “corrupt” them. 5. Those juveniles with mental health issues are seen by California Forensic Medical Group (CFMG), the medical company contracted by the County of Lake for the county correctional system. A judge may order a psychological examination of the juvenile on his own accord or at the request of either counsel or the parents/guardian. The facility has the capability to tele-skype (television interview) with a psychologist. This is provided in the medical room of wing B. 6. Last year’s Grand Jury recommended the Probation Department develop a Juvenile Hall Handbook with rules, consequences and day-to-day routines to be issued at Intake 2012-13 Orientation. At present, the Juvenile reads and signs a Detainee Contract and the rules are posted on the Day Room wall. 7. Wards of the court are expected to attend the court school at juvenile hall. If a ward is eighteen, he or she does not have to attend. School is conducted year-round with the same holiday schedule as other schools in the county. 8. The Office of Education employs the teachers at the facility. There is one teacher, one special education teacher and one teacher’s aide. The Regional Occupational Program (ROP) is no longer offered due to budget cuts. 9. Indoor recreational activities include exercising to videos, video games, board games, foosball, television and books to read from the library cart. 10. Each cell has its own toilet and sink with its own shut-off valve. There is a community shower with three stalls in each wing. 11. At intake, a juvenile takes their first shower and changes into institutional clothing. Shoes are provided by the parents and/or guardians. Sandals are worn in the showers. 12. Mattress sets are presently approximately four years old and have a built-in pillow. A fitted sheet, top sheet and up to three blankets are provided to each individual. 13. A juvenile is allowed to have a limited amount of written secular material and one other book inside their cell. 14. In 2012 one male detainee escaped Juvenile Hall and was caught by law enforcement. 15. Juveniles assigned by the court to home detention on GPS (Global Positioning System) ankle bracelets are monitored by the Probation Department. Home inspections are conducted by the Probation Department prior to being placed on home detention. 16. Any maintenance issues and/or repairs are made by the Buildings and Grounds Department of the county. Bids are submitted by contractors for any work or repairs that are not within Buildings and Grounds capability. 17. Juveniles that are wards of the court who attend the educational program have the opportunity to obtain a high school diploma or General Education Degree (GED). 2012-13 Findings:
F7:
A transport officer who is assigned to the holding cell must lock and unlock a cell door fifty to one hundred times per day. The large, heavy cell door key is turned one hundred eighty degrees each time it is used. This causes serious injuries to the wrists of the officers each year. At the time of the Grand Jury visit, two correctional officers were on medical leave due to wrist injuries as a result of repetitive use of the large keys to open and close the cell doors. Findings: F 1. Moving Department IV to Lakeport has saved a significant amount of money in overtime, gas, wear and tear on vehicles and shuttling inmates four times a day from Hill Road Facility to South Lake Court. F 2. There is an issue of overcrowding at the Lakeport Holding Facility due to Department IV’s relocation from Clearlake. The facility has had to accommodate additional inmates without additional expansion. F 3. There should be one armed officer per six inmates at all times and, due to frequent medical leave affecting staffing, this is not always possible. 2012-13 F 4. Due to the weight of the cell door keys and the amount of repetitions, there is an increased risk of repetitive wrist injuries to the officers. F 5. The inability to lower the security gate is a potential safety risk. F 6. Updating of audio and video was being finished in the holding area during the Grand Jury visit. This updating will enhance prisoner and staff safety and security.
F8:
The Office of Education employs the teachers at the facility. There is one teacher, one special education teacher and one teacher’s aide. The Regional Occupational Program (ROP) is no longer offered due to budget cuts.
F9:
Indoor recreational activities include exercising to videos, video games, board games, foosball, television and books to read from the library cart.
F10:
Each cell has its own toilet and sink with its own shut-off valve. There is a community shower with three stalls in each wing.
F11:
At intake, a juvenile takes their first shower and changes into institutional clothing. Shoes are provided by the parents and/or guardians. Sandals are worn in the showers.
F12:
Mattress sets are presently approximately four years old and have a built-in pillow. A fitted sheet, top sheet and up to three blankets are provided to each individual.
F13:
A juvenile is allowed to have a limited amount of written secular material and one other book inside their cell.
F14:
In 2012 one male detainee escaped Juvenile Hall and was caught by law enforcement.
F15:
Juveniles assigned by the court to home detention on GPS (Global Positioning System) ankle bracelets are monitored by the Probation Department. Home inspections are conducted by the Probation Department prior to being placed on home detention.
F16:
Any maintenance issues and/or repairs are made by the Buildings and Grounds Department of the county. Bids are submitted by contractors for any work or repairs that are not within Buildings and Grounds capability.
F17:
Juveniles that are wards of the court who attend the educational program have the opportunity to obtain a high school diploma or General Education Degree (GED). 2012-13 Findings: F 1. Juvenile Hall is clean and not over-crowded. F 2. Juvenile Hall is subject to numerous annual inspections by various agencies. F 3. Juvenile Hall’s educational program and facilities, including a separate computer lab, is modern and well-staffed. F 4. Juvenile Hall staff has not presently developed a Rules and Regulations Handbook for the juveniles to keep in their cell as reference material which could also be used as an informational booklet for parents and/or guardians. F 5. The Juvenile Hall Superintendent & staff appear to be committed to give the best possible care and direction to their wards, given their budget and personnel resources.
Findings & Recommendations
3 findings
F1:
The Alternative to Community Service Program is beneficial to Lake County.
Related Recommendations (1)
R1:
The risk to the county would be reduced if the Alternative to Community Service Program received outside oversight/guidance. Specific recommendations include: 1. a citizen group be established to provide checks & balances including reviewing assessment, collection and distribution; -or- 2. a three-to-five independent member panel be formed to determine organizational eligibility and selection of the intended recipient(s). (F1, F2)
F2:
While it is recognized that the DA’s office does not process the monies for the Alternative to Community Service Program, the committee is concerned that the arbitrariness and lack of transparency of not only who receives the monies, but how much each defendant pays, puts the county and the DA’s office at risk for an illusion of impropriety. 2012-13
Related Recommendations (1)
R1:
The risk to the county would be reduced if the Alternative to Community Service Program received outside oversight/guidance. Specific recommendations include: 1. a citizen group be established to provide checks & balances including reviewing assessment, collection and distribution; -or- 2. a three-to-five independent member panel be formed to determine organizational eligibility and selection of the intended recipient(s). (F1, F2)
F3:
For the purpose of uniformity and clarity, a policies and procedures manual needs to be completed for the assistant district attorneys. Recommendations:
Related Recommendations (1)
R2:
Finalize the attorneys’ policy and procedure manual. (F3) Request for Responses: District Attorney (60 days) Board of Supervisors (90 days) 2012-13 BLANK -13 Victim Witness Oversight Summary: The Government Services Committee of the Lake County Civil Grand Jury conducted an oversight of the Lake County Victim-Witness Program at 420 2nd Street, Lakeport, CA. Background: California established the funding of local comprehensive centers for victim and witness assistance in 1979. The Lake County Victim-Witness Division, a program within the Office of the District Attorney, was created during the 1980’s. Its main purpose is to provide comprehensive services to victims and witnesses of all types of crimes as outlined in Section 13835.5 of the California Penal Code. They currently receive funding from several sources, the largest being from the California Emergency Management Agency (CalEMA) for the Victim-Witness Assistance Grant. This year is the 27th year that this grant has been awarded to the Victim-Witness Division. Additional funding is from the Office of Violence Against Women grant, California Witness Relocation & Assistance Program (CAL WRAP) and Indian Gaming Special Distribution Fund. Because Victim-Witness has been successful at obtaining this funding they have specialized advocates for domestic violence, elder/dependent adult abuse and child abuse. Procedure: The committee received requested documents relative to their Program and met at the Victim-Witness offices on September 21, 2012 for the purpose of interview, discussion and tour of said facilities. Discussion and Facts: The facility consists of a house that serves as the office and an interview facility built from donations and volunteer help. Between these two buildings is a patio and garden area that serves the clients therapeutic and emotional needs. 1. A function of their operation is interviewing victims and witnesses consisting of young children, teenagers and adults. 2012-13
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Findings & Recommendations
20 findings
F1:
According to the Director of the Community Development Department, the proposed program to consolidate the present codes to the current ICBO Uniform Building Code is “years out” from being started and implemented.
Related Recommendations (2)
R1:
The County expedite the updating of ICBO Uniform Building Codes of 2012 and the Lake County Building Code. (F1)
R2:
The status of the Building Code revision project be clarified, funded and implemented. (F1)
F2:
Grading violations need to be addressed to ecologically improve Clear Lake. Grading in this instance is not road or highway grading; it basically means unauthorized and unapproved off- road grading (i.e. creek beds and hillsides).
F3:
Marijuana abatement and cleanup is an important environmental issue which should continue to be addressed and the Marijuana Task Force used more effectively to enforce cleanup. Additional inspectors are necessary to properly monitor the codes and violations so that the department can begin to be proactive instead of reactive to code violations.
F4:
Additional funding and staff are needed in the District Attorney’s office to prosecute environmental crimes. 2012-13 Recommendations:
Related Recommendations (1)
R3:
Increased funding be researched and allocated, if possible, to increase the number of inspectors in Code Enforcement. (F4)
F5:
The current City of Lakeport MSR is contentious and is an example of the need for facilitation between the City of Lakeport and the County of Lake. 2012-13 Recommendations:
Related Recommendations (1)
R4:
Conclude the development of the plan for the creation of a Marijuana/Environmental Law Prosecution and Recovery of Eradication Costs unit and begin implementation as soon as possible. (F5) Request for Responses: Director of Community Development Department (90 days) District Attorney (60 days) Board of Supervisors (90 days) 2012-13 BLANK -13 Lake LAFCo Oversight Summary: Planning the growth of a community is necessary to ensure municipal services are adequate. These decisions are guided by the Lake County General Plan and other state and local agencies. This report is an overview of Lake County Local Agency Formation Commission (Lake LAFCo), one of the agencies mandated by the State of California to ensure orderly development. Background: Many factors must be taken into account when considering government reorganization and municipal needs. There are a variety of state and local laws which govern the process. According to the California State Legislature, the logical formation and determination of local agency boundaries is critical. A balancing act between development and competing state interests must be considered including determining the most efficient manner feasible to provide necessary government services while ensuring housing for persons and families of all income levels. The extension of government services must discourage urban sprawl while preserving open space and prime agricultural land. In order to adhere to the laws that apply to boundary changes, an oversight organization was created called California Local Agency Formation Commission (CALAFCo). Lake County created a Local Agency Formation Commission called Lake LAFCo. Lake LAFCo is comprised of an Executive Officer (EO) and up to 11 Commissioners including two individuals from the Lake County Board of Supervisors and one citizen representative. The remaining Commissioners are from Lakeport and Clearlake City Councils and the Special Districts. Lake LAFCo is tasked with researching and preparation of reports necessary to assist and recommend appropriate changes that will conform to the intricacies of reorganization and environmental laws. These reports are titled: Sphere of Influence (SOI) and Municipal Service Review (MSR). Procedure: During the fiscal year of 2012-2013 the Lake LAFCo EO met with the Planning and Public Works Committee in the Grand Jury meeting room. Two new combined SOI and MRS reports were received from the EO: Redbud Healthcare District MSR and SOI and the City of Lakeport MSR. The 2012-13 committee conducted a review of a past budget report and interviewed a citizen representative. Some questions were answered by the EO via email. Discussion and Facts: 1. Since 2002, Lake LAFCo has considered preparing MSR and SOI reports for a total of 101 entities; cities, county and special districts. The list includes the cities of Clearlake and Lakeport which have SOIs pending revisions. There are no other cities in Lake County. Clearlake Oaks County Water District is also pending revision. [Appendix A] 2. There have only been 70 reports completed since 2002 addressing county districts/cities. No report has been received for County of Lake. 3. The number of reports issued by Lake LAFCo, by year, is as follows: 2002 – 2 reports 2003 – 0 reports 2004 – 1 report 2005 – 3 reports 2006 – 2 reports 2007 – 18 reports 2008 – 9 reports 2009 – 25 reports 2010 – 7 reports 2011 – 2 reports 2012 – 3 reports 2013 – 1 report 4. Government Code Section 56425 (g) states “On or before January 1, 2008, and every five years thereafter, [Lake LAFCo] shall, as necessary, review and update each Sphere of Influence.” 5. The Lake LAFCo EO is tasked with issuing ten reports per year, five MSRs and five SOIs. The commission approves the work plan for the selected updates of SOIs needed for that year and approves the MSRs and SOIs. Each report can take over a year to complete. 6. Lake LAFCo’s role is limited to acting upon changes of organization of the agencies subject to its jurisdiction, and preparing SOI and MSR reports. By statute, Lake LAFCo makes determinations with respect to the factors in an MSR. There is no requirement to write a comprehensive analysis of each special district. 2012-13 7. Lake LAFCo submits its final budget to the Lake County Auditor and all parties specified in Government Code Section 56381. 8. In the event of non-payment of Lake LAFCo funds by any entity subject to Lake LAFCo’s apportionment, the commission requests and authorizes the Auditor to collect the funds from property tax revenues or any other revenue source and deposit the funds into the Lake LAFCo account. 9. Monies are expended for the EO, the commissioners, the required reports, meetings and conferences and legal and office assistants. 10. LAFCo's are required to prepare and update SOI's as necessary every five years. An MSR is required to update an SOI. Once updated some SOIs will not need to be revised for a period longer than five years depending on several factors: the economy and lack of change in a district are examples: i.e. a cemetery district does not change. It is customary to update both an MSR and an SOI at the same time to save money. 11. The MSR's and SOI's are posted on the Lake LAFCo website. Reports are distributed to the District, Lake LAFCo and are provided to anyone who asks for a copy. The website for Lake LAFCo is www.lakeLAFCo.org. 12. Lake LAFCo has no local office. The EO oversees six other county LAFCos and is available by email and telephone. The EO attends a variety of county public meetings when appropriate. 13. Reports are prioritized based on need, public safety and growth inducement with MSRs for fire, water and sewer being considered first. Any reports generated are based on need and fiscal constraints. 14. In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county). 15. The EO also facilitates certain agreements, most of which are between cities and counties. 16. According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 2012-13 17. The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO. 18. Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake. 19. Lake LAFCo has an annual budget that services a large and complex area surrounding the lake. 20. The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action. Findings:
F6:
Lake LAFCo’s role is limited to acting upon changes of organization of the agencies subject to its jurisdiction, and preparing SOI and MSR reports. By statute, Lake LAFCo makes determinations with respect to the factors in an MSR. There is no requirement to write a comprehensive analysis of each special district. 2012-13
F7:
Lake LAFCo submits its final budget to the Lake County Auditor and all parties specified in Government Code Section 56381.
F8:
In the event of non-payment of Lake LAFCo funds by any entity subject to Lake LAFCo’s apportionment, the commission requests and authorizes the Auditor to collect the funds from property tax revenues or any other revenue source and deposit the funds into the Lake LAFCo account.
F9:
Monies are expended for the EO, the commissioners, the required reports, meetings and conferences and legal and office assistants.
F10:
LAFCo's are required to prepare and update SOI's as necessary every five years. An MSR is required to update an SOI. Once updated some SOIs will not need to be revised for a period longer than five years depending on several factors: the economy and lack of change in a district are examples: i.e. a cemetery district does not change. It is customary to update both an MSR and an SOI at the same time to save money.
F11:
The MSR's and SOI's are posted on the Lake LAFCo website. Reports are distributed to the District, Lake LAFCo and are provided to anyone who asks for a copy. The website for Lake LAFCo is www.lakeLAFCo.org.
F12:
Lake LAFCo has no local office. The EO oversees six other county LAFCos and is available by email and telephone. The EO attends a variety of county public meetings when appropriate.
F13:
Reports are prioritized based on need, public safety and growth inducement with MSRs for fire, water and sewer being considered first. Any reports generated are based on need and fiscal constraints.
F14:
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
F15:
The EO also facilitates certain agreements, most of which are between cities and counties.
F16:
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 2012-13
F17:
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
F18:
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
F19:
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
F20:
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action. Findings: F 1. Since 2002 a total of 73 MSRs and SOIs have been completed, an average of six per year. Twelve are pending or not completed for various reasons. If those twelve reports are received in 2013, Lake LAFCo’s average rises to seven reports per year. [See Appendix A] F 2. Based on an analysis of Appendix A, three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake. F 3. A total of nine county entities, although listed, show no completions of MSR and SOI reports, some of which are pending resources and revisions. Those include: Adams Springs Water District, West Lake Resource Conservation District (RCD), Hidden Valley Lake CSD, Lake County Vector Control, East Lake RCD, Reclamation District #2070, Reclamation District #695, Villa Blue Estates Water District, and Lake County Water ShedProtection District. This results in 18 incomplete reports. Of those, six are pending for resources. [See Appendix A] F 4. While helping to integrate services to benefit the community, the EO’s role is crucial in determining priorities and facilitating agreements that will benefit the common good. F 5. The current City of Lakeport MSR is contentious and is an example of the need for facilitation between the City of Lakeport and the County of Lake. 2012-13
Findings & Recommendations
19 findings
F1:
The overcrowding at the jail, due to AB109, has caused significant classification and housing issues. The mandatory annual state inspection performed by Standards Training and Corrections (STC) will most likely have a negative review.
Related Recommendations (2)
R1:
The county should explore how best to use the remaining AB109 monies, as well as identify other potential funding sources and alternatives, to address overcrowding at the jail. (F1, F2)
R6:
The County Committee convenes one or more public hearings to gauge the electorate support for such unification/consolidation pursuant to Education Code Section 35700(a) and 35721(a). (F1) Request for Responses: County Commission for School District Organization (60 days) LCOE Superintendent of Schools (60 days) All Lake County School Districts Boards of Trustees (60 days) Lake County Board of Supervisors (90 days) 2012-13 Bibliography: “Progress of the Lake County School District Reorganization Feasibility Report”, Lake County Civil Grand Jury, Final Report June 30, 2012, pp111-113 “Twin Rivers Unified School District Police Department”, Sacramento County Grand Jury, Final Report 2011-2012,pp 46-93 “Lake County School District Reorganization Feasibility Report” Lake County Board of Supervisors Resolution 2009-15, October 14, 2009 Escondido Union School District Unification Study, March 8, 2011 “Achieving School District Efficiency Through Consolidation”, 2009-2010 Santa Clara County Civil Grand Jury Report Informational Websites For further information please see: Santa Clara Report URL www.scscourt.org/court_divisions/civilian/gj/2010/SchoolDistrictConsolidation.pdf Escondido report URL www.eusd4kids.org/10-11_Budget/030811EUSD_final_report-838.pdf Twin Rivers Sacramento Unification http://www.asbj.com/TopicsArchive/TwinRiversUnification 2012-13
F2:
With budget and funding constraints in mind, it is vital that the county effectively and efficiently use the remaining 1.45 million dollars received as a result of AB109.
Related Recommendations (1)
R1:
The county should explore how best to use the remaining AB109 monies, as well as identify other potential funding sources and alternatives, to address overcrowding at the jail. (F1, F2)
F3:
With the absence of maintenance personnel at the jail some daily maintenance has been deferred and other repairs have not been attended to in a timely manner.
Related Recommendations (2)
R2:
Maintenance at the jail should be a higher priority than outside projects and scheduling of personnel should reflect that. (F3) Request for Responses: Sheriff (60 days) Board of Supervisors (90 days) 2012-13 BLANK -13 Lakeport Police Department Oversight Summary: The Public Safety Committee of the Lake County Civil Grand Jury conducted an elective oversight of Lakeport Police Department whose boundaries of responsibility are the city limits. Background: The Lakeport Police Chief has 23 years in law enforcement and has held his current position since May 18, 2011. Prior to becoming chief, he held the position of interim police chief for six months. The police lieutenant has a total of 18 years experience of which 15 have been with the Lakeport Police Department. He was recently promoted from sergeant on December 1, 2012. A town marshal served the Lakeport City from 1886 to 1927 at which time the Lakeport Police Department was incorporated. Procedure: On December 4, 2012 the committee met with the Chief of Police and Police Lieutenant. The committee received a copy of the department’s budget and personnel roster prior to the visit. (Appendix A) Copies of the Police Department’s budget, personnel roster, city web page and Mission Statement were reviewed during a committee meeting. Discussion and Facts: The chief stated the department is dedicated to providing a safe environment by working with city government and the community. The income for the City of Lakeport has not kept pace with the rate of inflation over the past four years. The budget for Lakeport Police Department has decreased several hundred thousand dollars during this time period. This has adversely impacted the department, especially since incidents of crime in the community have been steadily increasing. As a result of the Police Officer’s Association recently re-negotiating a two- year contract with the city, morale within the department has improved, according to the chief. There exists a positive working/mutual-aid agreement with the Lake County Sheriff’s Office, the California Highway Patrol and the Clearlake Police Department. The chief dispatches officers to a mutual-aid operation in 2012-13 Clearlake when needed. Lastly, the department has a strong volunteer program of nine individuals. 1. The department has eight full-time and two part-time sworn officers plus a paid Reserve Police Officer. At the time of the oversight one of the full-time officers had given notice, having taken employment elsewhere. 2. The department purchased new vehicles three years ago with a life expectancy of seven years. Their fleet consists of ten marked units with two or three older marked vehicles used by the volunteers. There are four unmarked vehicles which are used by police detectives and for out-of-county training. All but one of the marked vehicles have the Mobile Audio Visual (MAV) units used to document incidents as they occur. 3. The morale has improved with the adoption of the Police Officer’s Association contract with the city negotiating a 3% retirement per year worked at age 55. 4. The department received a $4,000 grant from the Department of Justice (DOJ) to be used toward the $9,000 purchase of police bullet proof-vests. Each vest has a life expectancy of five years, at which time the department is planning to reapply for the DOJ grant. 5. The department lost their School Resource Officer (SRO) grant which funded the $25,000 part-time position. The schools no longer have their assigned officer which has resulted in a decrease in student security and fewer law enforcement educational programs. 6. Due to budgetary cuts the department’s canine program has also been discontinued. Police canines are commonly trained in protection, prevention and drug enforcement. 7. Crimes within Lakeport city limits have steadily increased over a ten-year period. The chief stated there were 8,000 incidents in which 4,000 were reported by the community and 4,000 were initially observed by on-duty officers. This resulted in approximately 1,200 written reports and 500 arrests. These statistics are from the first eleven months of 2012. 8. The chief is currently considering establishing the “You Are Not Alone” (YANA) program, to be administered by volunteers, for senior citizens and/or those in need of assistance. The program consists of a daily phone call to such individuals at a scheduled time thus building a rapport within the community. If the person 2012-13 being called does not respond, an officer is dispatched to the residence for a welfare check. Findings:
R3:
Find community-based funding for a K-9, preferably cross- trained for protection and narcotic detention. (F3)
F4:
Command staff has reduced costs to the jail by reassigning officers to twelve hour shifts.
Related Recommendations (1)
R4:
Initiate the YANA program. (F4) Request for Responses: Lakeport Police Department (90 days) Lakeport City Council (90 days) 2012-13 BLANK -13 Public Services Committee Oversights Financial and Educational Benefits To Be Derived From the Unification of Lake County School Districts. Oversight of Educational Transportation in Lake County 2012-13 Financial and Educational Benefits To Be Derived From the Unification of Lake County School Districts Summary: The Public Services Committee of the Lake County Civil Grand Jury (PSC) reviewed the cost of Lake County having seven separate school districts operating under seven seemingly identical administrations and revisited the benefit of consolidation. With this report, the PSC established a cost estimate of the potential savings through consolidation/unification of these seven school districts into a single centrally administered school district. An estimated $40 million+/- of Lake County school expenditures between 2011 and 2015 has been and will be (under present circumstances) spent on redundant administration costs within the seven Lake County school districts. The PSC reached its cost estimate using audited Lake County Office of Education (LCOE) data as reported to the California Department of Education. Background: In 2009, the Lake County Board of Supervisors (BOS) adopted resolution #2009-15 requesting the Lake County Board of Education (LCBOE) form a committee for a preliminary exploratory study on school district reorganization for Lake County. A task force was formed and on December 8, 2009, it presented the “Lake County School District Reorganization Feasibility Report” to the BOS meeting. Per Lake County Resolution 75-309 (1975) the BOS transferred any duties and functions relative to the organization or reorganization of school districts to the LCBOE. There appears to have been no further action taken. 2012-13 In the 2011-12 Lake County Civil Grand Jury Report the question of consolidation/unification of the Lake County school districts was again raised before the 2012 Lake County Board of Supervisors. Their response was: “any action recommended by the Office of Education, which requires Board of Supervisors action, will be brought forward at the appropriate time.” and that: “the Board of Supervisors do (sic) not support the expenditure of funds to place a non-binding advisory vote on the ballot.” It appears no further action was taken. The PSC considered the following in its review: Using the data released by the California Department of Education there appears to be academic underperformance in Lake County schools. Financial restrictions in the various districts has resulted in deletion of many programs and services. Other school districts in the state have unified for financial benefit. Lake County School District Superintendents, in 2012, averaged over $100,000 in base pay (not including benefits packages and incentives) as opposed to the average base pay (not including benefits packages and incentives) of teachers which is about half of that wage. The Civil Grand Jury in Santa Clara County’s 2009-2010 report [see Informational Websites on pg 7] on the effect of consolidation savings regarding teachers was summarized as: “The average total compensation (salary plus benefits) for an administrator in one of the existing unified districts is $200,000. The average total compensation for a teacher in that same district is approximately $80,000. At this rate, for every $1 million in savings, 12.5 teachers could be retained or hired.” [Websites pg 7] Procedure: The PSC approached the Lake County school districts as a system. 2012-13 The reason for approaching it as a system is to employ a comprehensive understanding of the processes for providing education to Lake County students. The system can be functionally divided into three levels: 1. Executive Administration: LCOE is the authority the seven school districts report to and which prioritizes and assures that the costs of providing educational opportunities to the students is allocated according to governmental requirements. 2. District Administration: Consists of district superintendents, assistant superintendents, the district’s school board, directors/department heads of district departments, administrative secretarial staff and other administration support staff. 3. Teaching: Defined as direct educational operations pertaining to education of students within Lake County schools. The Teaching function encompasses Certified Teaching staff supported by necessary teaching assistants and classified maintenance support staff. For the purpose of this report, the PSC accepts that the Teaching staff serves to the best of their ability and within the resources provided by the school districts in which they are employed. The seven individual LCOE school districts were contacted and data on their individual district administrations (financial information including but not limited to salaries, job descriptions, budgets and benefits packages) were obtained. The PSC reviewed this documentation but found data variances district-to-district made data interpretation problems difficult. By utilizing “object codes”, which define expenditures, the PSC was able to track all spending on education within Lake County schools. These records are online for public reference; www.cde.ca.gov [see Appendix A] On 5/16/13, the PSC contacted the LCBOE to discuss the County Committee on School District Organization and obtained copies of the minutes of the last twelve meetings. 2012-13 Discussion and Facts: 1. The seven Lake County school districts are: Kelseyville, Konocti, Middletown, Lakeport, Upper Lake Elementary, Upper Lake High School and Lucerne Elementary. The first school district in Lake County was established in 1884 (Upper Lake Union Elementary District). The other six school districts were formed prior to 1925. 2. Lake County has seven school District Administrations some of which serve as few as 200 students. Most district administrations are comprised of district superintendents, assistant superintendents, members of the school board for each district, directors/department heads of district departments, administrative secretarial staff and other administration support staff. There are costs associated with Lake County District Administrations that include wages and salaries plus medical plans, retirement benefits and other incidental expenditures and benefits. 3. Most, if not all, of the Lake County schools are educationally underperforming academically, when compared to other school districts of similar demographics [source: California Department of Education www.cde.ca.gov]. 4. Several other California counties have unified/consolidated school districts and eliminated their administrations, with positive financial returns applied to the servicing of teaching. [For reports on this please see Bibliography and Websites pg 7]. 5. Lake County has a total population of approximately 64,000, with 9,242 reported K-12 students in seven school districts with an ADA (average daily attendance) of approximately 8,400. 6. The seven school districts are all within an hour drive from LCOE which is located in Lakeport. 7. There are seven separate school boards each with stipends, allowances and benefits as reported by the LCOE for the approximately 28 board members. [Appendix A] 8. Other California counties have utilized the state laws to consolidate their school districts. [See Websites pg 7] 9. The legal statutory procedures required to consolidate Lake County school districts are lengthy. Estimates are that the process, once started in 2013, would not conclude for at least two years. 10. LCOE currently has in place an administrative structure which permits them to take responsibility for all of the administrative and 2012-13 organizational tasks of a single unified and consolidated LCOE school district. 11. LCOE would require an updated and expanded Management Information System coupled with an Information Technology upgrade, using California Department of Education approved software. Additional costs will be incurred. 12. Further savings in school district expenditures could be realized from elimination or liquidation of collateral overheads (real estate, buildings and equipment) required to maintain existing school district administrations. 13. LCOE already acts as a reviewer for the seven school district’s cost reports and is responsible for transmitting the reviewed data to the California Department of Education. 14. LCOE has reported that many educational and vocational training programs (e.g. most fine arts, career technical programs, computer training, music education, etc.) have been lost due to cost-cutting within the seven school districts in Lake County. 15. Although school safety and security is paramount in the county, it is not addressed in this report. LCOE, with the cooperation of District Administrations and law enforcement, are in the process of establishing a Resource Officer Program county-wide. 16. PSC recognizes each of the seven Lake County school districts has their own unique identity and characteristics (e.g. sports and other competitive programs). 17. PSC sought clarification of expenditure and budgetary data for LCOE school districts from them to validate data and findings. It was discovered that the Sacramento County Twin Cities School Consolidation report and the Santa Clara County Civil Grand Jury Report concerning consolidation of Santa Clara school districts indicated that significant cost savings had the potential to be realized through school district consolidation. [See Bibliography and Websites pg 7] 18. California Education Code Section 4000 states: “There is in each county . . . a county committee on school district organization.” Section 4020 further clarifies that: “Upon the petition of the county committee on school district organization of a county . . . the State Board of Education may order the county board of education to act as the county committee on school district organization for that county.” Lake County is one of the counties that the LCBOE acts 2012-13 as the County School Committee on School District Organization (County Committee). 19. The California State Legislature has enacted into law a statutory scheme regarding the reorganization of school districts. It can be found in The California Education Code Sections 35510 – 35787 (for specifics please refer to Appendix B). PSC has found relevant sections of the code regarding the issues contained in this report are as follows: Section 35512 defines the “County Committee” which is referred to in some of the following Code Sections is defined as the “County Board of Education”. Reorganization/unification/consolidation of all of the Lake County School Districts can be initiated by any of the following: Section 35700(a) provides that an action to reorganize one or more school districts can be initiated by at least 25% of the registered voters residing in the territory proposed to be reorganized. Section 35700(d) provides that an action to reorganize one or more school districts can be initiated by a majority of each of the members of the governing boards, i.e. district school boards, that would be affected by the proposed reorganization. Section 35721(a) States: “On receipt of a petition signed by at least [ten] percent of the qualified electors residing in any district for a consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the petition at a regular or special meeting.” Section 35721(c) provides that a majority of the Lake County Board of Supervisors can adopt a resolution and if so adopted, the “County Committee”, i.e. the Board of Education, shall hold a public hearing on the proposal at a regular or special hearing. Actions which are to be taken or have to be taken after the hearing are in the codes. Section 35721 (d) provides that “following the hearing, the county committee shall grant or deny the petition. If the county committee grants the petition, it shall adopt a tentative 2012-13 recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization.” It is important to note that there are numerous directives and/or alternatives available which are written into the statutory scheme including appellate review by the California Department of Education. The intent of the PSC by providing the above brief description regarding initiating the process of unification/consolidation is meant to provide a focus only. Anyone wishing to further examine the process or needs further clarification, should consult the statutes cited herein, refer to Appendix B, or consult with an attorney. Nothing contained in this report is to be construed as the final word on the legal directives contained in the law. Findings:
F5:
The laundry room has reduced their costs as a result of installing a new, more efficient soap dispenser.
F6:
With the implementation of the electronic monitoring ankle bracelet program, overcrowding at the jail may be decreased. Recommendations:
F7:
Crimes within Lakeport city limits have steadily increased over a ten-year period. The chief stated there were 8,000 incidents in which 4,000 were reported by the community and 4,000 were initially observed by on-duty officers. This resulted in approximately 1,200 written reports and 500 arrests. These statistics are from the first eleven months of 2012.
F8:
The chief is currently considering establishing the “You Are Not Alone” (YANA) program, to be administered by volunteers, for senior citizens and/or those in need of assistance. The program consists of a daily phone call to such individuals at a scheduled time thus building a rapport within the community. If the person 2012-13 being called does not respond, an officer is dispatched to the residence for a welfare check. Findings: F 1. The decrease in the budget has reduced the effectiveness of the police force, particularly in light of the increase of the crime rate. F 2. The loss of the School Resource Officer has negatively impacted the security on school campuses. F 3. The department’s loss of the K-9 Unit has reduced its effectiveness in eradicating drugs in the community and the schools. F 4. Lakeport Police Department does not currently participate in the YANA program for seniors and shut-ins which would benefit the citizens of Lakeport. F 5. The police department is under-staffed, with one position unfilled. At the time of this oversight, the chief stated he was going to the City Council with a request to fill the vacant position.
F9:
The legal statutory procedures required to consolidate Lake County school districts are lengthy. Estimates are that the process, once started in 2013, would not conclude for at least two years.
F10:
LCOE currently has in place an administrative structure which permits them to take responsibility for all of the administrative and 2012-13 organizational tasks of a single unified and consolidated LCOE school district.
F11:
LCOE would require an updated and expanded Management Information System coupled with an Information Technology upgrade, using California Department of Education approved software. Additional costs will be incurred.
F12:
Further savings in school district expenditures could be realized from elimination or liquidation of collateral overheads (real estate, buildings and equipment) required to maintain existing school district administrations.
F13:
LCOE already acts as a reviewer for the seven school district’s cost reports and is responsible for transmitting the reviewed data to the California Department of Education.
F14:
LCOE has reported that many educational and vocational training programs (e.g. most fine arts, career technical programs, computer training, music education, etc.) have been lost due to cost-cutting within the seven school districts in Lake County.
F15:
Although school safety and security is paramount in the county, it is not addressed in this report. LCOE, with the cooperation of District Administrations and law enforcement, are in the process of establishing a Resource Officer Program county-wide.
F16:
PSC recognizes each of the seven Lake County school districts has their own unique identity and characteristics (e.g. sports and other competitive programs).
F17:
PSC sought clarification of expenditure and budgetary data for LCOE school districts from them to validate data and findings. It was discovered that the Sacramento County Twin Cities School Consolidation report and the Santa Clara County Civil Grand Jury Report concerning consolidation of Santa Clara school districts indicated that significant cost savings had the potential to be realized through school district consolidation. [See Bibliography and Websites pg 7]
F18:
California Education Code Section 4000 states: “There is in each county . . . a county committee on school district organization.” Section 4020 further clarifies that: “Upon the petition of the county committee on school district organization of a county . . . the State Board of Education may order the county board of education to act as the county committee on school district organization for that county.” Lake County is one of the counties that the LCBOE acts 2012-13 as the County School Committee on School District Organization (County Committee).
F19:
The California State Legislature has enacted into law a statutory scheme regarding the reorganization of school districts. It can be found in The California Education Code Sections 35510 – 35787 (for specifics please refer to Appendix B). PSC has found relevant sections of the code regarding the issues contained in this report are as follows: Section 35512 defines the “County Committee” which is referred to in some of the following Code Sections is defined as the “County Board of Education”. Reorganization/unification/consolidation of all of the Lake County School Districts can be initiated by any of the following: Section 35700(a) provides that an action to reorganize one or more school districts can be initiated by at least 25% of the registered voters residing in the territory proposed to be reorganized. Section 35700(d) provides that an action to reorganize one or more school districts can be initiated by a majority of each of the members of the governing boards, i.e. district school boards, that would be affected by the proposed reorganization. Section 35721(a) States: “On receipt of a petition signed by at least [ten] percent of the qualified electors residing in any district for a consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the petition at a regular or special meeting.” Section 35721(c) provides that a majority of the Lake County Board of Supervisors can adopt a resolution and if so adopted, the “County Committee”, i.e. the Board of Education, shall hold a public hearing on the proposal at a regular or special hearing. Actions which are to be taken or have to be taken after the hearing are in the codes. Section 35721 (d) provides that “following the hearing, the county committee shall grant or deny the petition. If the county committee grants the petition, it shall adopt a tentative 2012-13
Additional Recommendations
1
Not linked to specific findings.
R5:
The Lake County Board of Supervisors adopt and deliver to the CCSDO a resolution proposing consideration of consolidation of local school districts in Lake County, pursuant to Education Code 35721(c). F1
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Findings & Recommendations
6 findings
F1:
CFMG followed appropriate policies and procedures relative to the medical care of this inmate. Recommendations:
F2:
County Dental Disease Prevention that encourages good oral health.
F3:
Communicable Disease Prevention Program which strives to improve the quality of life in the county by monitoring and eliminating certain diseases.
F4:
Emergency Preparedness Program which assists the county and its residents in responding to any type of public health threats.
F5:
Immunizations Assistance Program which provides access to immunizations to help individuals avoid certain diseases. It is committed to preventing the spread of HIV and providing for the needs of infected patients.
F6:
Overseeing the health care provided inmates in the Lake County jail. Procedure: The HHSC visited DPH on September 24, 2012 and interviewed the Health Services Director and the Health Officer. Most of the questions were answered by the Health Officer who stated the department was working very closely with the state and county to ensure that any and all areas of health for the citizens of Lake County are covered. Further, visits to the Lake County Jail are conducted several times a year for review of inmate health files. The Health Officer works very closely with California Forensic Medical Group (CFMG) and stated that CFMG does a very good job at the jail facility and Juvenile Hall. The inmates are allowed to send their complaints to DPH. 2012-13
Additional Recommendations
1
Not linked to specific findings.
R1:
None 2012-13 BLANK -13 Department of Health Services Division of Public Health Oversight Summary: The Health and Human Services Committee (HHSC) of the Lake County Civil Grand Jury conducted an oversight of the Department of Health Services Division of Public Health (DPH). The purpose was to gain knowledge of how DPH works within the County. Background: DPH, located at 922 Bevins Court in the City of Lakeport, covers a wide variety of programs for the citizens of Lake County including: 1. Children’s services for those children with special needs. 2. County Dental Disease Prevention that encourages good oral health. 3. Communicable Disease Prevention Program which strives to improve the quality of life in the county by monitoring and eliminating certain diseases. 4. Emergency Preparedness Program which assists the county and its residents in responding to any type of public health threats. 5. Immunizations Assistance Program which provides access to immunizations to help individuals avoid certain diseases. It is committed to preventing the spread of HIV and providing for the needs of infected patients. 6. Overseeing the health care provided inmates in the Lake County jail. Procedure: The HHSC visited DPH on September 24, 2012 and interviewed the Health Services Director and the Health Officer. Most of the questions were answered by the Health Officer who stated the department was working very closely with the state and county to ensure that any and all areas of health for the citizens of Lake County are covered. Further, visits to the Lake County Jail are conducted several times a year for review of inmate health files. The Health Officer works very closely with California Forensic Medical Group (CFMG) and stated that CFMG does a very good job at the jail facility and Juvenile Hall. The inmates are allowed to send their complaints to DPH. 2012-13
Findings & Recommendations
6 findings
F1:
The various transportation departments are doing an excellent job considering the budgetary constraints under which they operate.
Related Recommendations (1)
R1:
The transportation departments of all districts be commended for their performance under difficult circumstances. (F1)
F2:
Each district handles purchasing according to their own needs.
F3:
The procedures are fairly uniform between districts.
F4:
Administrative savings could be realized with centralized Information Technology for record keeping and purchasing. This could eliminate the teaching staff, principals, et al. from being responsible for transportation needs of the students (see “The Educational and Financial Benefits Derived from the Unification of all Lake County School Districts” in the 2012-2013 Civil Grand Jury Report).
Related Recommendations (1)
R2:
The committee recommends coordination of administration and IT into one office with one director. This can facilitate better contracts, inventory control and recordkeeping and governmental reporting. The IT system can further facilitate performance measurement of staff and facilities. This could eliminate the teaching staff, principals, et al from being responsible for transportation needs of the students. (F4)
F5:
The inclusion of GPS transponders allows for real-time location reporting which enhances student safety and security.
Related Recommendations (1)
R3:
All buses and white fleet in the county have GPS transponders installed. (F5)
F6:
Middletown bus barn security is in need of repairs Recommendations:
Related Recommendations (1)
R4:
The Middletown School District repair their security fence to control theft. (F6) Request for Responses: Lake County Office of Education (60 days) All seven school districts (60 Days): Kelseyville Unified School District, Konocti Unified School District, Lakeport Unified School District, Lucerne Elementary School District, Middletown Unified School District, Upper Lake Union Elementary School District, Upper Lake Union High School District 2012-13
Additional Recommendations
21
Not linked to specific findings.
R5:
County Grand Jury Study of the Unification (EC 35753). The county Grand Jury must determine the impact of the unification on the conditions listed in Education Code Section 35753.
R6:
Approval Process (EC 35706, 35707, 35752 through 35755) a. Within 120 days of the first public hearing, the county Grand Jury must make a recommendation to approve or disapprove the petition. b. The county Grand Jury may make a recommendation regarding the area of election. c. The county Grand Jury transmits the petition, report, and recommendations to the State Board of Education. d. The State Board of Education holds public hearings on CEQA and the unification proposal. e. The State Board of Education approves or disapproves the petition. f. If approval is given, the county superintendent calls an election in an area determined by the State Board of Education. UNIFICATION INITIATED BY 10% PETITION OR LOCAL AGENCY
R7:
Approval Process (EC 35722, 35752 through 35755) a. Within 120 days of the first public hearing, the county Grand Jury shall make a final recommendation to approve or disapprove the petition. b. The county Grand Jury may make a recommendation regarding the area of election. c. The county Grand Jury transmits reports and recommendations to the State Board of Education. d. The State Board of Education holds public hearings on CEQA and the unification proposal. e. The State Board of Education approves or disapproves the petition. f. If approval is given, the county superintendent calls an election in an area determined by the State Board of Education. 2012-13 COUNTY GRAND JURY PLANS AND RECOMMENDATIONS FOR REORGANIZATION
R8:
None of the school districts keep a substantial inventory of replacement parts.
R9:
All school districts are negatively affected by budget shortfalls. This has required them to consolidate departmental duties under existing staff. There are only two full time Transportation Directors in Lake County (Kelseyville Unified School District and Lakeport Unified School District). The other districts must rely on certified staff such as the principal or teachers to manage the departments.
R10:
All school district administrations are aware of the Transportation Study and have been making improvements, as they are able, within their departments.
R11:
The Transportation Study was not well received by various districts because they felt it was flawed by numerous inaccuracies. 2012-13
R12:
Over the last several years there have been only minor accidents involving buses. There have been no injuries.
R13:
The dollar amount each Transportation Director is authorized to spend without prior administrative authorization varies within each district.
R14:
Many of the bus drivers are assigned other duties in order to achieve full time status.
R15:
Most of the school districts have fuel storage tanks on their facilities for diesel and gasoline. The majority of the tanks are secured.
R16:
There is a consortium within six of the school districts for fuel purchases. The purchases are determined by bid. The exception is the Lucerne Elementary School District which purchases fuel through the North Shore Fire Department.
R17:
All districts have procedures to handle discipline problems on the buses.
R18:
All the new buses have seatbelts and cameras on board.
R19:
The committee found there is a lack of security in the Middletown bus barn. The security fence is unrepaired due to budgetary constraints. A security camera and fuel have been stolen.
R20:
The Lakeport bus barn is equipped with a security system that is linked to law enforcement.
R21:
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
R22:
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See
R23:
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
R24:
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
R25:
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. 2012-13