Mariposa County Grand Jury

2020-2021

3 reports

Findings & Recommendations 16 findings
F1: There is critical need for a Public Information Officer (PIO) for the County of Mariposa. Too much conflicting and inaccurate information is being parceled out to the county residents.
Related Recommendations (1)
R1: Although the current hiring budget has been negatively depleted due to the COVID-19 pandemic and loss of TOT revenue, it is our recommendation that this position be filled as soon as possible to ensure continuity of information is provided to the public.
F2: Public offices were closed, and community services were unavailable for an extended period.
Related Recommendations (1)
R2: The BOS should ensure that the lessons learned in 2020 are applied, such that uninterrupted governmental functions, and services remain fully open and accessible during times of crisis. REQUESTED RESPONSE: Mariposa County Board of Supervisors
F3: A project of this magnitude will take considerable time to complete and yet to date, little has been done.
F4: This is particularly important opportunity as California is prone to frequent, and extensive periods of drought.
F5: Mariposa County needs to develop sustainable water supplies to maintain its current population and future growth.
F6: MCSO currently uses Lexapol LLC to manage policy and procedures within the adult, and juvenile detention facilities.
Related Recommendations (1)
R4: The MCSO should implement a process to continually update all policies and procedures to keep them in compliance with state, and federal law within 90 days of the publication of this report. REQUIRED RESPONSES: Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: Mariposa County Sheriff's Office: R1, R2, R3, R4 Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Mariposa County 2020-2021 Grand Jury Report Lake Don Pedro Community Services District SUMMARY: The Lake Don Pedro Community Services District (LDPCSD) has a long history of turmoil. There have been a number of issues raised to prior grand juries about the district, including a history of dysfunctional, and contentious proceedings amongst members of its Board of Directors (BOD). In December of 2020, the Mariposa County Civil Grand Jury (MCCGJ) received a complaint alleging the owner of a lot, located within the district boundaries, was doubled charged the Capital Improvement Plan (CIP) fee. After reading the complaint, reviewing past complaints, researching via the internet and having a group discussion, the MCCGJ decided to investigate said complaint by performing a site inspection and interviewing the district General Manager (GM). The MCCGJ concluded there was no solid evidence to support the claim that a CIP fee had been previously been charged. Furthermore, the grand jury concluded that under the leadership of the new GM, appropriate, corrective actions were underway. BACKGROUND: LDPCSD was established in 1966 and serves the water needs of 1495 metered residences, located between Lake Don Pedro, and Lake McClure in La Grange, CA. Water is drawn from Lake McClure under an agreement with the Merced Irrigation District (MID). A description from the LDPCSD website states, "The Lake Don Pedro Community Services District (LDPCSD) is a special district and local form of government, created by vote, to provide up to 32 public services to the community. The district is currently approved to provide water services which took over the water system previously owned by the Sierra Highlands Water Company. LDPCSD provides safe drinking water to the residents of the community as well as monitor (sic) water quality, supply, and reliability." Over the past ten years, there have been numerous complaints submitted to Mariposa County grand juries regarding the overall operations, and continuous online drama involving the Board of Directors (BOD). In order to correct the situation and provide a higher level of focus on improving operations, the BOD hired a new full-time GM two years ago. The GM brings ten years of operational experience working for the City of Modesto. He has certifications specific to water distribution systems, i.e. Certified Water Distribution, Cross Connect and Backflow certifications. He is on the California Water Board (CWB) list of Certified Treatment Operators, as well as the Certified Distribution Operators and holds a general contractor's license. Mariposa County 2020-2021 Grand Jury Report The GM inherited a water system that was neglected, and improperly maintained. Some of the issues inherited were no backup pumps, a lack of maintenance on the filtration system, inadequate spare parts and tools, vehicles which were non-operational and no maintenance logs were being kept. The entire operations team has been working together over the past two years to overcome these, and other deficiencies. The water system is presently operating within EPA and State guidelines with less than 15% water loss. Potability tests on water drawn from residents' taps are regularly performed by Aqua Labs. GLOSSARY: AC – Asbestos Concrete (material used to make pipes in most older water systems) BOD - Board of Directors CIP - Capital Improvement Plan CWB - California Water Board GM – General Manager LDPCSD - Lake Don Pedro Community Services District MID - Merced Irrigation District MCCGJ - Mariposa County Civil Grand Jury YTD - Year to Date PRA - Public Records Act METHODOLGY: The MCCGJ used emails to gather pertinent documents related to this investigation. Members of the MCCGJ met at the LDPCSD office, interviewed the GM, and toured the facility. The interview included a specific focus on the policies, procedures, and records regarding how fees and capital improvement charges were assessed. One MCCGJ member inspected the lot owned by complaint, and other members of the MCCGJ inspected the water intake site and as well as the pump barge, located at Lake McClure. DISCUSSION: In preparation for the interview with the GM, the MCCGJ prepared detailed questions based on the complaint received in December, 2020. Mariposa County 2020-2021 Grand Jury Report The MCCGJ requested, and received copies of the LDPCSD employee handbook, the directors handbook, and the organizational chart. In addition, LDPCSD provided their projected budget, approved budget and the year-to-date totals through 5/31/2020 for the 2019-2020 year. They also provided the LDPCSD 2020-2021 proposed budget. Four members of the Grand Jury met the new GM at the LDPCSD facility, located at 9751 Merced Falls Road in La Grange, CA. Questions were prepared based on extensive research. We learned that the new GM was hired by the BOD approximately two years ago to provide a higher level of focus on improving operations. His predecessor was responsible for managing multiple water districts in California and worked for the LDPCSD on a part time basis, only. The former GM's efforts in raising money via grants was deemed successful, however the operational infrastructure suffered due to a lack of attention, resulting in loss of redundancy in the system, and ultimately, total failure of the intake pipes from Lake McClure. Under the new leadership, the team was able to ensure continuity of service to residents with an improved barge that fed the system, while major repairs were made to the intake pipes and pumps. The team now focusses on preventive maintenance of pumps, valves, treatment systems and delivery. The system is old and utilizes Asbestos Concrete (AC) pipes throughout. Two plus miles of pipe that deliver water from the lake to the main storage tank are made of steel and have inherent issues, due to improper welding when they were installed and often require costly repairs. Pipes located at residents' point-of-use are more easily repaired. Pursuant to the most recent complaint, the LDPCSD researched the matter and was unable to locate any records supporting the complainant's assertion that a water meter had previously been installed at the lot in question. The GM told us unequivocally that there was never a meter installed on that lot and whatever remnants of piping that exist, were not installed by LDPCSD. There is the possibility that the pipes are a result of someone in the past, attempting to gain access to water. Furthermore, we learned that only developed lots have water meters installed. There are 3197 lots in the district with only 1495 meters installed. The MCCGJ tour of the facility was highly informative; the facility was very well kept and appears to be in good working order. The LDPCSD water system is presently operating within the EPA, and state guidelines regarding water quality. Water loss is averages 14.2 %, with the accepted standard at 15%. The water tests are within acceptable standards. The MCCGJ investigated the billing and service charges to residents and concluded LDPCSD is operating within the framework of the law.
F7: Some information on the LDPCSD website is out-of-date and inaccurate and unfavorably represents the present status of the district.
Related Recommendations (1)
R5: The PWD should establish a policy and procedures manual, specific to the PWD within 90 days of the publication of this report. The manual should be made available upon request. REQUIRED RESPONSE: Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: Board of Supervisors:
F8: Prior civil grand juries were inundated with complaints regarding the operation, management and oversight of the LDPSCD. It has been more than two years since a Mariposa County civil grand jury has received a complaint, regarding the district.
F9: lodging units and therefore, the county's TOT.19
F10: The EIR reports regarding water quality, and quantity found SilverTip wells would be drawing water from a source isolated from YACSD wells. Likewise, according to analysis, treated effluent from SilverTip would not contaminate YACSD wells.
F11: MCCGJ believes there have been Brown Act violations by the YACSD BOD.
F12: Comprehensive water testing has not been done since 2002.
F13: YACSD bylaws state that they do not follow the letter of the law.20
Related Recommendations (1)
R8: Special District Governance within 180 days of the publication of this report.24
F14: YACSD is so small that they are unable to staff all positions, as required by state law.21
Related Recommendations (1)
R6: improve the management actions and allow for more property owners to participate in the district's functions within 90 days of the publication of this report. The MCCGJ recommends that the county controller determine if the state controller
F15: The district's bookkeeping, and confidential records are kept on a personal computer belonging to a board member and there was no evidence of any back-up.
Related Recommendations (3)
R3: The Board should clearly document in current, and future budgets, how the unrestricted funds shall be spent, within 90 days of the publication of this report. REQUIRED RESPONSE: Mariposa County Board of Supervisors
R7: should appoint a qualified accountant to make an investigation and to obtain the information required in accordance with Government Code § 12464 (a), within 90 days of the publication of this report. The MCCGJ recommends that all YACSD board members obtain the Certificate in
R9: The MCCGJ recommends district records be backed up digitally on an appropriate device, or in the cloud within 90 days of the publication of this report.
F16: The current District 5 Board Supervisor has never been invited to, nor attended a YACSD meeting.
Related Recommendations (1)
R10: The MCCGJ recommends that YACSD invite the District 5 Supervisor to their board meetings. The current Mariposa County Civil Grand Jury respectfully requests that the 2021-2022 Grand Jury follow up on the Yosemite Alpine Community Special District investigation by completing a continuity report. Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: REQUESTED RESPONSES: Mariposa County District Attorney: R2, R3, R4 INVITED RESPONSES: YASCD Board of Directors: R5, R6, R8, R9, R10 Mariposa County Auditor / Controller: R1, R7 23 https://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics-training.html 24 https://www.sdlf.org/programs/governance Mariposa County 2020-2021 Grand Jury Report BIBLIOGRAPHY: CSDA's Guide to Special Districts Laws and Related Codes. California Special Districts Association. 2007 Community Needs, Community Services: A Legislative History of SB (kehoe) and the "Community Services District Law". March 2006 Fish Camp Town Planning Area Specific Plan. Mariposa County Planning Department Revised Draft, Environmental Impact Report, SilverTip Resort Village Project, SCH #99091106. Quad Knopf, Inc. September, 2002. Special District Board Member Handbook. California Special Districts Association 2019 Special Districts: Improving Oversight & Transparency. Little Hoover Commission. Report #239, August 2017 Special Districts: Relics of the Past or Resources for the Future? Little Hoover Commission. What's So Special About Special Districts?: A Citizen's Guide to Special Districts in California. Fourth Edition, October 2010. https://www.kqed.org/science/1973138/how-a-small-forest-community-saved-itself-from-fire https://www.sfgate.com/california-parks/article/Yosemite-fire-season-prescribed-burns- 16199329.php Yosemite Alpine Community Services District Bylaws Mariposa County 2020-2021 Grand Jury Report APPENDIX: YACSD BYLAWS: https://yosemitealpinecsd.specialdistrict.org/files/afe25b3b5/YACSD+BYLAWS+Accepted+Rev07Sep20 15.pdf DEFINITIONS: The Brown Act: California state legislation which requires local government business to be conducted at open and public meetings, except in certain limited situations. CEQA: The California Environmental Quality Act (CEQA) requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects. Agencies must determine if these impacts will be significant, and identify alternatives and mitigation measures that will substantially reduce or eliminate significant impacts on the environment25 Conveyance: A generic term for any written document which transfers (conveys) real estate property or real property interests from one part to another. A conveyance must be acknowledged before a notary (or if a court judgement be certified as the same as the document on file) and recorded with the County Recorder or Recorder of Deeds.26 CSD: A Community Services District (CSD) is a special district that provides multiple services.27 Easement: A right to cross or otherwise use someone else's land for a specified purpose. EIR: An Environmental Impact Report (EIR) is the highest level of environmental review document pursuant to California Environmental Quality Act (CEQA). This is required if the project may cause adverse environmental impacts. "An EIR contains in-depth studies of potential impacts, measures to reduce or avoid those impacts, and an analysis of alternatives to the project."28 Enterprise: "Enterprise means the District's water system, including all facilities, works, properties and structures of the District for the treatment, transmission and distribution of potable and non-potable water, including all contractual rights to water supplies, transmission capacity 25 https://wildlife.ca.gov/Conservation/Environmental-Review/CEQA 26 https://legal-dictionary.thefreedictionary.com/Conveyance 27 Community Needs, Community Services: A Legislative History of SB 135 (Kehoe) and the "Community Services District Law" found at https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/CNCSReport.pdf See also: Government Code §61000 28 https://opr.ca.gov/ceqa/ Mariposa County 2020-2021 Grand Jury Report supply, easements, rights-or-way and other works, property or structures necessary or convenient for such facilities, together with all additions, betterments, extension and improvements to such facilities or any part thereof hereafter acquired or constructed (but for purposes of this Agreement only to the extent the components of the Enterprise may be legally transferred by the District)."29 LaFCo: "The Local Agency Formation Commission, also known as 'LAFCo,' is a regulatory agency with county-wide jurisdiction, established by state law to discourage urban sprawl and encourage orderly and efficient provision of services, such as water, sewer, and fire protection. ... Mariposa County LAFCo is an independent, state-mandated agency and is not a County department."30 Latent Power: "Latent power" means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (h) of Section 56425, that a district did not provide prior to January 1, 2006. The powers which a district is authorized to use but does not currently employ are called latent powers. Special districts can usually enact latent powers by vote of the district board. In some cases, however, district voters must approve new powers. Negative Declaration: "A written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report."31 The Project: This was found to be a rather amorphous term. It is used twice in the Conveyance Agreement between Umpqua Bank and YACSD: "WHEREAS, the District and the Lender desire to provide funds to certain legal costs and expenses of the District for the benefit of the District (the "Project"), to be repaid by installment purchase payments to be made by the District, as purchaser of the Enterprise (as defined in the Installment Purchase Contract), ... ." "The District hereby agrees to cooperate and provide further assurances to the Lender in order to accomplish the purposes of this Conveyance Agreement. The District hereby agrees to indemnify and hold the Lender harmless against any and all claims, losses, costs or damages as a result of the District's conveyance of the Enterprise to the Lender as provided herein, or the financing of the Project."32 29 Installment Purchase Contract between the Yosemite Alpine Community Services District and Umpqua Bank. September 1, 2018, pg. 3 30 https://www.mariposacounty.org/121/Local-Agency-Formation-Commission-LAFCo 31 https://www.lawinsider.com/dictionary/negative-declaration 32 The Conveyance Agreement between Yosemite Alpine Community Service District and Umpqua Bank, Section 2. Mariposa County 2020-2021 Grand Jury Report Proposition 218: "Proposition 218 requires voter or property-owner approval for local taxes, assessments and fees, except for property-related water, sewer and waste management fees, and sets up procedures to carry out these elections. Prop 218 was in response to local governments' reliance on fees and assessments as a result of Proposition 13."33 Special District: "A Special District is a separate local government that delivers public services to a particular area."34 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Understanding Proposition 218 (December 1996), Legislative Analyst's Office. CSDA Guide to Special District's Laws and Related Codes 34 What's so Special About Special Districts? Mimia Mizany and April Manatt, pg. 4. https://www.napa.lafco.ca.gov/uploads/documents/specdist.pdf
Findings & Recommendations 16 findings
F1: There is critical need for a Public Information Officer (PIO) for the County of Mariposa. Too much conflicting and inaccurate information is being parceled out to the county residents.
Related Recommendations (1)
R1: Although the current hiring budget has been negatively depleted due to the COVID-19 pandemic and loss of TOT revenue, it is our recommendation that this position be filled as soon as possible to ensure continuity of information is provided to the public.
F2: Public offices were closed, and community services were unavailable for an extended period.
Related Recommendations (1)
R2: The BOS should ensure that the lessons learned in 2020 are applied, such that uninterrupted governmental functions, and services remain fully open and accessible during times of crisis. REQUESTED RESPONSE: Mariposa County Board of Supervisors
F3: A project of this magnitude will take considerable time to complete and yet to date, little has been done.
F4: This is particularly important opportunity as California is prone to frequent, and extensive periods of drought.
F5: Mariposa County needs to develop sustainable water supplies to maintain its current population and future growth.
F6: MCSO currently uses Lexapol LLC to manage policy and procedures within the adult, and juvenile detention facilities.
Related Recommendations (1)
R4: The MCSO should implement a process to continually update all policies and procedures to keep them in compliance with state, and federal law within 90 days of the publication of this report. REQUIRED RESPONSES: Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: Mariposa County Sheriff's Office: R1, R2, R3, R4 Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Mariposa County 2020-2021 Grand Jury Report Lake Don Pedro Community Services District SUMMARY: The Lake Don Pedro Community Services District (LDPCSD) has a long history of turmoil. There have been a number of issues raised to prior grand juries about the district, including a history of dysfunctional, and contentious proceedings amongst members of its Board of Directors (BOD). In December of 2020, the Mariposa County Civil Grand Jury (MCCGJ) received a complaint alleging the owner of a lot, located within the district boundaries, was doubled charged the Capital Improvement Plan (CIP) fee. After reading the complaint, reviewing past complaints, researching via the internet and having a group discussion, the MCCGJ decided to investigate said complaint by performing a site inspection and interviewing the district General Manager (GM). The MCCGJ concluded there was no solid evidence to support the claim that a CIP fee had been previously been charged. Furthermore, the grand jury concluded that under the leadership of the new GM, appropriate, corrective actions were underway. BACKGROUND: LDPCSD was established in 1966 and serves the water needs of 1495 metered residences, located between Lake Don Pedro, and Lake McClure in La Grange, CA. Water is drawn from Lake McClure under an agreement with the Merced Irrigation District (MID). A description from the LDPCSD website states, "The Lake Don Pedro Community Services District (LDPCSD) is a special district and local form of government, created by vote, to provide up to 32 public services to the community. The district is currently approved to provide water services which took over the water system previously owned by the Sierra Highlands Water Company. LDPCSD provides safe drinking water to the residents of the community as well as monitor (sic) water quality, supply, and reliability." Over the past ten years, there have been numerous complaints submitted to Mariposa County grand juries regarding the overall operations, and continuous online drama involving the Board of Directors (BOD). In order to correct the situation and provide a higher level of focus on improving operations, the BOD hired a new full-time GM two years ago. The GM brings ten years of operational experience working for the City of Modesto. He has certifications specific to water distribution systems, i.e. Certified Water Distribution, Cross Connect and Backflow certifications. He is on the California Water Board (CWB) list of Certified Treatment Operators, as well as the Certified Distribution Operators and holds a general contractor's license. Mariposa County 2020-2021 Grand Jury Report The GM inherited a water system that was neglected, and improperly maintained. Some of the issues inherited were no backup pumps, a lack of maintenance on the filtration system, inadequate spare parts and tools, vehicles which were non-operational and no maintenance logs were being kept. The entire operations team has been working together over the past two years to overcome these, and other deficiencies. The water system is presently operating within EPA and State guidelines with less than 15% water loss. Potability tests on water drawn from residents' taps are regularly performed by Aqua Labs. GLOSSARY: AC – Asbestos Concrete (material used to make pipes in most older water systems) BOD - Board of Directors CIP - Capital Improvement Plan CWB - California Water Board GM – General Manager LDPCSD - Lake Don Pedro Community Services District MID - Merced Irrigation District MCCGJ - Mariposa County Civil Grand Jury YTD - Year to Date PRA - Public Records Act METHODOLGY: The MCCGJ used emails to gather pertinent documents related to this investigation. Members of the MCCGJ met at the LDPCSD office, interviewed the GM, and toured the facility. The interview included a specific focus on the policies, procedures, and records regarding how fees and capital improvement charges were assessed. One MCCGJ member inspected the lot owned by complaint, and other members of the MCCGJ inspected the water intake site and as well as the pump barge, located at Lake McClure. DISCUSSION: In preparation for the interview with the GM, the MCCGJ prepared detailed questions based on the complaint received in December, 2020. Mariposa County 2020-2021 Grand Jury Report The MCCGJ requested, and received copies of the LDPCSD employee handbook, the directors handbook, and the organizational chart. In addition, LDPCSD provided their projected budget, approved budget and the year-to-date totals through 5/31/2020 for the 2019-2020 year. They also provided the LDPCSD 2020-2021 proposed budget. Four members of the Grand Jury met the new GM at the LDPCSD facility, located at 9751 Merced Falls Road in La Grange, CA. Questions were prepared based on extensive research. We learned that the new GM was hired by the BOD approximately two years ago to provide a higher level of focus on improving operations. His predecessor was responsible for managing multiple water districts in California and worked for the LDPCSD on a part time basis, only. The former GM's efforts in raising money via grants was deemed successful, however the operational infrastructure suffered due to a lack of attention, resulting in loss of redundancy in the system, and ultimately, total failure of the intake pipes from Lake McClure. Under the new leadership, the team was able to ensure continuity of service to residents with an improved barge that fed the system, while major repairs were made to the intake pipes and pumps. The team now focusses on preventive maintenance of pumps, valves, treatment systems and delivery. The system is old and utilizes Asbestos Concrete (AC) pipes throughout. Two plus miles of pipe that deliver water from the lake to the main storage tank are made of steel and have inherent issues, due to improper welding when they were installed and often require costly repairs. Pipes located at residents' point-of-use are more easily repaired. Pursuant to the most recent complaint, the LDPCSD researched the matter and was unable to locate any records supporting the complainant's assertion that a water meter had previously been installed at the lot in question. The GM told us unequivocally that there was never a meter installed on that lot and whatever remnants of piping that exist, were not installed by LDPCSD. There is the possibility that the pipes are a result of someone in the past, attempting to gain access to water. Furthermore, we learned that only developed lots have water meters installed. There are 3197 lots in the district with only 1495 meters installed. The MCCGJ tour of the facility was highly informative; the facility was very well kept and appears to be in good working order. The LDPCSD water system is presently operating within the EPA, and state guidelines regarding water quality. Water loss is averages 14.2 %, with the accepted standard at 15%. The water tests are within acceptable standards. The MCCGJ investigated the billing and service charges to residents and concluded LDPCSD is operating within the framework of the law.
F7: Some information on the LDPCSD website is out-of-date and inaccurate and unfavorably represents the present status of the district.
Related Recommendations (1)
R5: The PWD should establish a policy and procedures manual, specific to the PWD within 90 days of the publication of this report. The manual should be made available upon request. REQUIRED RESPONSE: Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: Board of Supervisors:
F8: Prior civil grand juries were inundated with complaints regarding the operation, management and oversight of the LDPSCD. It has been more than two years since a Mariposa County civil grand jury has received a complaint, regarding the district.
Related Recommendations (1)
R6: improve the management actions and allow for more property owners to participate in the district's functions within 90 days of the publication of this report. The MCCGJ recommends that the county controller determine if the state controller
F9: lodging units and therefore, the county's TOT.19
F10: The EIR reports regarding water quality, and quantity found SilverTip wells would be drawing water from a source isolated from YACSD wells. Likewise, according to analysis, treated effluent from SilverTip would not contaminate YACSD wells.
F11: MCCGJ believes there have been Brown Act violations by the YACSD BOD.
F12: Comprehensive water testing has not been done since 2002.
F13: YACSD bylaws state that they do not follow the letter of the law.20
Related Recommendations (1)
R8: Special District Governance within 180 days of the publication of this report.24
F14: YACSD is so small that they are unable to staff all positions, as required by state law.21
F15: The district's bookkeeping, and confidential records are kept on a personal computer belonging to a board member and there was no evidence of any back-up.
Related Recommendations (3)
R3: The Board should clearly document in current, and future budgets, how the unrestricted funds shall be spent, within 90 days of the publication of this report. REQUIRED RESPONSE: Mariposa County Board of Supervisors
R7: should appoint a qualified accountant to make an investigation and to obtain the information required in accordance with Government Code § 12464 (a), within 90 days of the publication of this report. The MCCGJ recommends that all YACSD board members obtain the Certificate in
R9: The MCCGJ recommends district records be backed up digitally on an appropriate device, or in the cloud within 90 days of the publication of this report.
F16: The current District 5 Board Supervisor has never been invited to, nor attended a YACSD meeting.
Related Recommendations (1)
R10: The MCCGJ recommends that YACSD invite the District 5 Supervisor to their board meetings. The current Mariposa County Civil Grand Jury respectfully requests that the 2021-2022 Grand Jury follow up on the Yosemite Alpine Community Special District investigation by completing a continuity report. Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: REQUESTED RESPONSES: Mariposa County District Attorney: R2, R3, R4 INVITED RESPONSES: YASCD Board of Directors: R5, R6, R8, R9, R10 Mariposa County Auditor / Controller: R1, R7 23 https://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics-training.html 24 https://www.sdlf.org/programs/governance Mariposa County 2020-2021 Grand Jury Report BIBLIOGRAPHY: CSDA's Guide to Special Districts Laws and Related Codes. California Special Districts Association. 2007 Community Needs, Community Services: A Legislative History of SB (kehoe) and the "Community Services District Law". March 2006 Fish Camp Town Planning Area Specific Plan. Mariposa County Planning Department Revised Draft, Environmental Impact Report, SilverTip Resort Village Project, SCH #99091106. Quad Knopf, Inc. September, 2002. Special District Board Member Handbook. California Special Districts Association 2019 Special Districts: Improving Oversight & Transparency. Little Hoover Commission. Report #239, August 2017 Special Districts: Relics of the Past or Resources for the Future? Little Hoover Commission. What's So Special About Special Districts?: A Citizen's Guide to Special Districts in California. Fourth Edition, October 2010. https://www.kqed.org/science/1973138/how-a-small-forest-community-saved-itself-from-fire https://www.sfgate.com/california-parks/article/Yosemite-fire-season-prescribed-burns- 16199329.php Yosemite Alpine Community Services District Bylaws Mariposa County 2020-2021 Grand Jury Report APPENDIX: YACSD BYLAWS: https://yosemitealpinecsd.specialdistrict.org/files/afe25b3b5/YACSD+BYLAWS+Accepted+Rev07Sep20 15.pdf DEFINITIONS: The Brown Act: California state legislation which requires local government business to be conducted at open and public meetings, except in certain limited situations. CEQA: The California Environmental Quality Act (CEQA) requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects. Agencies must determine if these impacts will be significant, and identify alternatives and mitigation measures that will substantially reduce or eliminate significant impacts on the environment25 Conveyance: A generic term for any written document which transfers (conveys) real estate property or real property interests from one part to another. A conveyance must be acknowledged before a notary (or if a court judgement be certified as the same as the document on file) and recorded with the County Recorder or Recorder of Deeds.26 CSD: A Community Services District (CSD) is a special district that provides multiple services.27 Easement: A right to cross or otherwise use someone else's land for a specified purpose. EIR: An Environmental Impact Report (EIR) is the highest level of environmental review document pursuant to California Environmental Quality Act (CEQA). This is required if the project may cause adverse environmental impacts. "An EIR contains in-depth studies of potential impacts, measures to reduce or avoid those impacts, and an analysis of alternatives to the project."28 Enterprise: "Enterprise means the District's water system, including all facilities, works, properties and structures of the District for the treatment, transmission and distribution of potable and non-potable water, including all contractual rights to water supplies, transmission capacity 25 https://wildlife.ca.gov/Conservation/Environmental-Review/CEQA 26 https://legal-dictionary.thefreedictionary.com/Conveyance 27 Community Needs, Community Services: A Legislative History of SB 135 (Kehoe) and the "Community Services District Law" found at https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/CNCSReport.pdf See also: Government Code §61000 28 https://opr.ca.gov/ceqa/ Mariposa County 2020-2021 Grand Jury Report supply, easements, rights-or-way and other works, property or structures necessary or convenient for such facilities, together with all additions, betterments, extension and improvements to such facilities or any part thereof hereafter acquired or constructed (but for purposes of this Agreement only to the extent the components of the Enterprise may be legally transferred by the District)."29 LaFCo: "The Local Agency Formation Commission, also known as 'LAFCo,' is a regulatory agency with county-wide jurisdiction, established by state law to discourage urban sprawl and encourage orderly and efficient provision of services, such as water, sewer, and fire protection. ... Mariposa County LAFCo is an independent, state-mandated agency and is not a County department."30 Latent Power: "Latent power" means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (h) of Section 56425, that a district did not provide prior to January 1, 2006. The powers which a district is authorized to use but does not currently employ are called latent powers. Special districts can usually enact latent powers by vote of the district board. In some cases, however, district voters must approve new powers. Negative Declaration: "A written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report."31 The Project: This was found to be a rather amorphous term. It is used twice in the Conveyance Agreement between Umpqua Bank and YACSD: "WHEREAS, the District and the Lender desire to provide funds to certain legal costs and expenses of the District for the benefit of the District (the "Project"), to be repaid by installment purchase payments to be made by the District, as purchaser of the Enterprise (as defined in the Installment Purchase Contract), ... ." "The District hereby agrees to cooperate and provide further assurances to the Lender in order to accomplish the purposes of this Conveyance Agreement. The District hereby agrees to indemnify and hold the Lender harmless against any and all claims, losses, costs or damages as a result of the District's conveyance of the Enterprise to the Lender as provided herein, or the financing of the Project."32 29 Installment Purchase Contract between the Yosemite Alpine Community Services District and Umpqua Bank. September 1, 2018, pg. 3 30 https://www.mariposacounty.org/121/Local-Agency-Formation-Commission-LAFCo 31 https://www.lawinsider.com/dictionary/negative-declaration 32 The Conveyance Agreement between Yosemite Alpine Community Service District and Umpqua Bank, Section 2. Mariposa County 2020-2021 Grand Jury Report Proposition 218: "Proposition 218 requires voter or property-owner approval for local taxes, assessments and fees, except for property-related water, sewer and waste management fees, and sets up procedures to carry out these elections. Prop 218 was in response to local governments' reliance on fees and assessments as a result of Proposition 13."33 Special District: "A Special District is a separate local government that delivers public services to a particular area."34 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Understanding Proposition 218 (December 1996), Legislative Analyst's Office. CSDA Guide to Special District's Laws and Related Codes 34 What's so Special About Special Districts? Mimia Mizany and April Manatt, pg. 4. https://www.napa.lafco.ca.gov/uploads/documents/specdist.pdf
Findings & Recommendations 7 findings
F1: Historically, the county Human Resources department has not been regarded as a safe, unbiased or effective resource for employees.
Related Recommendations (1)
R1: The Board of Supervisors should ensure that the HR department be restructured, and effectively empowered to protect the best interests of the county, and its employees within 90 days of the publication of this report. [the MCCGJ learned in May, 2021 that corrective actions are underway]
F2: Employees of the Public Works Department have resigned, or retired due to an unchanging hostile work environment.
Related Recommendations (1)
R2: The Board of Supervisors should investigate the allegations of favoritism, and a hostile work environment in the PWD within 90 days of this report.
F3: Many employees are unwilling to speak to the Grand Jury for fear of retaliation.
Related Recommendations (1)
R3: The Sheriff's Office should audit, and investigate specific allegations of the falsification of timecards and if verified, the BOS should take corrective actions up to, and including termination and prosecution, within 90 days of the publication of this report.
F4: Multiple allegations of timecard falsification were made.
Related Recommendations (1)
R4: The Board of Supervisors should make changes in the PWD management structure and establish a work environment improvement plan to increase unity, and effectiveness of the Public Works teams within 90 days of the publication of this report.
F5: Multiple allegations of OSHA, and safety protocol violations were alleged.
Related Recommendations (1)
R5: The PWD should establish a policy and procedures manual, specific to the PWD within 90 days of the publication of this report. The manual should be made available upon request. REQUIRED RESPONSE: Pursuant to Penal Code sections §933, and §933.05, the Grand Jury requires a response from the following governing bodies within 90 days of the publication of this report: Board of Supervisors
F6: After repeated requests for PWD policies and procedures, the PWD director indicated there were none.
F011: Kirsty Lebovitz Mike Henderson à Belair Art Lehr (electronic) Art Lehr Liana Belair Tom Habeck (electronic) Tom Habeck Adam Andersen Pam Leonard (electronic) Pam Leonard

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.