2011/2012 Amador County Civil Grand Jurors Julie Carrington Mary Cuneo Eleanor Dates Kathleen Delaney Victor Dowdy Tom

Note: Missing finding numbers detected: F6, F7, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23

Comments 49

• CO1 Page 52
  Misdemeanants are reviewed for release by citation. They must have been arrested for non- violent violations, have no outstanding warrants, and meet the Penal Code §853.6 criteria.
• CO2 Page 52
  Title 15 of the California Code of Regulations for the safekeeping of inmates has added to the staff’s responsibilities by requiring hourly cell checks, suicide prevention, sobering cell checks, medical treatment and protective custody for inmates. 16 Amador County Detention Facility 8. The Inmate Welfare Fund is used to conform to Penal Code §4025. Income is produced from inmate purchases of telephone cards and commissary products. These funds can be used for programs, services, repairs from inmate vandalism, and for facility maintenance.
• CO3 Page 53
  Video arraignments are conducted on Monday, Tuesday, Wednesday and Friday in the Video Conferencing Station at the jail.
• CO4 Page 53
  The County facility has been operating over capacity since 2003.
• CO5 Page 53
  Booking fees are set by state law. The fees are reimbursed to the County by the State once a year. The State is not currently reimbursing the County for the full amount due.
• CO6 Page 53
  AB900 authorizes $7.7 billion ($7.3 billion in bonds and $350 million from the State’s general fund) to fund the addition of 53,000 state prison and local jail beds to relieve severe overcrowding, improve conditions and reduce the threat of federal court intervention.
• CO7 Page 53
  AB109 is legislation to reduce California State Prison inmate population.
• CO8 Page 53
  As per 2008 recommendations ACSO has continued to pursue funding for a new facility through matching funds legislation. The county received a conditional award of up to $22,712,000.00. The conditions of this award require that the county raise matching funds of approximately $7-$8 million. Property has been purchased for the new facility. FINDINGS: 1. The philosophy of the current administration is to treat inmates with dignity and to provide a safe and secure environment.
• CO9 Page 64
  The PGYCC employability training is conducted in partnership with CALFIRE. Each youth is given a year-round employment assignment. During the summer, hand crews participate in statewide fire suppression. In winter, the crews perform tasks at the county and city level, referred to as Grade Projects.
• CO10 Page 64
  Grade Projects are community services work. These include brush removal, creek maintenance, and other contracted projects. The community work crew can only benefit small city and county government entities.
• CO11 Page 64
  Some agencies using the community work crew are charged for their services, but no more than $ 200/day. That amount helps PGYCC to re-coup its cost.
• CO12 Page 64
  Crew members are paid by voucher system. One half of any money earned goes toward victim restitution. FINDINGS: 1. At PGYCC, members of the various gangs are required to live and work together. No gang activity is tolerated. A youth will be immediately transferred to another institution if this policy is violated. ( Fact #7) 2. Both the CDCR-DJJ and CALFIRE staff work to build a good relationship with each youth, using professional courtesy when addressing them. As a result, PGYCC has evolved from a strict military atmosphere to a more interactive one. (Fact #9) 3. The youths placed at PGYCC are considered the "cream of the crop". Staff feels responsible for assisting each one succeed in the program. A low rate of recidivism at PGYCC (28%) compares favorably to national figures (60%-70%). (Facts #2,3, & 5) 30 Pine Grove Youth Conservation Camp 4. Youths learn a strong work ethic. Many of them have grown up on the streets without an opportunity to acquire social and work-related skills. PGYCC focuses on helping them become productive members of society. (Facts #9,10,12,13,14&16) 5. A concerted effort is made to find job opportunities for each young man. Case managers keep in touch with them through phone follow-ups. (Fact #9) 6. The State of California benefits significantly from PGYCC’s low cost, high quality firefighting resources. (Facts #15,16,17 & 18) RECOMMENDATIONS: The Grand Jury understands the difficulties in operating a state run facility during these times of budget constraints. We realize the closing of the Preston Facility along with other camps will put a strain on Pine Grove’s operations. The Grand Jury recommends and feels confident that PGYCC working with CALFIRE will continue its superb job of running this facility. RESPONSE REQUIRED: Pursuant to California Penal Code 933 §(c) a response to thisreport is required. No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the Superior court on the findings and recommendations. 31 PRESTON YOUTH CORRECTIONAL FACILITY Preston Castle Ione Photo courtesy of Amador County Archives 33 CRIMINAL JUSTICE PRESTON YOUTH CORRECTIONAL FACILITY California Penal Code Section 919(b) provides that “The Grand Jury shall inquire into the condition and management of the public prisons within the county”, and for several decades one of the prisons Amador County Grand Juries have been tasked to investigate was the Preston Youth Correctional Facility in Ione. However, that all changed on June 30th, 2011, when the California Department of Corrections deemed it was not feasible to maintain operations at the facility and officially closed it down. That day, when the last ward was transferred to another California Youth Authority, marked the first time in 117 years that Preston was not serving the county and state by housing young offenders of the law. Preston not only housed these young men, but made every attempt with Educational and Vocational Programs to turn their lives around and rehabilitate them. Staff at the facility conscientiously followed the mission handed down by administration to treat each ward with respect and aid them with their re-entry into society. Over the many years of operation there were innumerable successes with such notables as: Country singer Merle Haggard, , actor Rory Calhoun, writer Ernest Booth, Eddie Anderson, best known for his role as "Rochester" on Jack Benny’s radio and television programs, and tennis great Pancho Gonzales, to name a few. Before Preston was built, male offenders as young as fifteen years old were incarcerated at San Quentin State Prison, placing them in direct contact with some of the most hardened criminals in the state. Under these conditions, there was little hope for rehabilitation. In 1888, the State Board of Prison Directors issued a report calling for a reform school for youthful offenders. Through the efforts of Senate Bills authored by Senators Edward Preston and Anthony Caminetti, the cornerstone of the Preston Castle was laid in Ione on December 23, 1890. This started the long and rich history of Preston School of Industry, later to be known as Preston Youth Correctional Facility. Over the years, Preston served not only as a place of refuge and hope for the troubled youths who were detained there, but also provided a livelihood for countless Amador County residents. In many cases, several generations of family members made their living working in Administration, Education, Vocations, Counseling, Medical, and Security at the facility. This brief commemoration from the Grand Jury cannot begin to recognize the many contributions that Preston has made to our County. Nevertheless, we would like, in a small way, to acknowledge these contributions. Accordingly,the Amador County Grand Jury dedicates our final report to the many administrators, staff and youths who over the years have been such an important part of our community. The 2011/2012 Amador County Grand Jury 35 HEALTH & WELFARE COMMITTEE Amador County Hospital Jackson Photo courtesy of Amador County Archives 37 AMADOR COUNTY CONSERVATOR'S OFFICE Snow in South Jackson Jackson Photo courtesy of Amador County Archives 39 Conservator's Office HEALTH AND WELFARE AMADOR COUNTY CONSERVATOR’S OFFICE INTRODUCTION: The 2011-2012 Amador County Civil Grand Jury elected to review the Amador County Conservator’s Office. BACKGROUND: In Amador County, the Public Administrator/Public Conservator/Public Guardian operate under the supervision of the Department of Social Services. This office prepares, reviews, and signs all legal documents and other papers necessary in the guardianships and conservatorships of the person and estates of minors and incapacitated adults. The responsibilities include legal requirements to marshal, protect, inventory, appraise, and dispose of real and personal property in conservatee estates, and to act on behalf of minors, adults with mental disorders, aged and/or handicapped conservatees. RESPONSIBLE AGENCY: Public Conservator’s Office 10877 Conductor Blvd., Ste. 300 Sutter Creek, CA 95685-9682 JUSTIFICATION/JURISDICTION: "The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county created pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts. The investigations may be conducted on some selective basis each year, but the grand jury shall not duplicate any examination of financial statements whichhas been performed by or for the board of supervisors pursuant to Section 25250 of the Government Code; this provision shall not be construed to limit the power of the grand jury to investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county. The grand jury may enter into a joint contract with the board of supervisors to employ the services of an expert as provided for in Section 926." [California Penal Code § 925] 41 Conservator's Office METHOD OF EVALUATION: The 2011-2012 Grand Jury’s review consisted of the following: Individuals Interviewed: Program Manager Finance Assistant II Deputy Conservator Two Representative Payee Clients Three Public Conserved Clients Bonded Agent Documents Reviewed: County of Amador, State of California Budget Unit Financing Uses Detail from 2008/2009 to 2011/2012 2011/2012 Fiscal Budget Job Descriptions Mission Statement Amador County Internal Control Manual Active/Inactive Case Roster Organizational Management Chart Audit prepared by Gallina LLP for Fiscal year ending June 2010 and drafted April 2011 Sites Toured: Public Conservator’s Office Two Public Conserved Clients’ Residences 42 Conservator's Office FACTS: 1. According to Amador County Superior Court documents on August 10, 2004, the Senior Deputy Conservator Director, at the time, pled guilty to embezzling $782,000 of department funds.
• CO13 Page 86
  Per Resolution No. 2012-04, the Agency modified how it would accept Proposition 218 rate protests from the rate payers. (Reference item #5)  The Howard Jarvis Taxpayers Association sent a letter protesting the Agency’s Proposition 218 resolution. (Reference item #6) 21. The Agency is in the process of creating two Community Facilities Districts (CFD).  A CFD district must be approved by an election of two-thirds of the registered voters.  If the CFD has fewer than twelve registered voters, approval by two-thirds of property-owners is required.  The CFD for the AWS district will: o Provide immediate funds to decrease the Amador Transmission Pipeline (ATL) debt. o Provide immediate funds to assist in future upgrades of water treatment plants. o Guarantee developers who participate a future connection regardless of water system capacity. 62 Amador Water Agency o Be strictly voluntary.  The CFD for the CAWP Water District will fund the GSL project and will be levied on all properties improved or unimproved located in the CAWP CFD boundaries.
• CO14 Page 177
  Journal entries in excess of 10. FD In progress Dec. 1, 2010 COMPLETE 22. Update Personnel Handbook Sean In progress June, 2012 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #2 January 18, 2011 Text in bold indicates the City of Sutter Creek’s original response to the 2009/2010 Amador County Grand Jury Report recommendations and/or findings (as indicated). The text in bold italic indicates the City’s updates to the recommendations or findings listed in the report. Only those recommendations with outstanding responses are included in this update. See Update #1 (dated December 6, 2010) for recommendations or findings that have already been addressed. FINANCE, ADMINISTRATION AND POLICY FINDINGS: 8. City Ordinances and Municipal Codes are out-of-date by 4 to 5 years, according to the Deputy City Clerk. (Fact #14) THE CITY COUNCIL AGREES IN PART WITH THIS FINDING: The City Council agrees that some of the codes are out of date. However, disagrees with the implication that all of the codes are out dated. The Council acknowledges that a thorough review of all City policies, codes and records is needed. A detailed review will be completed within 120 days of this response. January 18, 2011: The City’s Municipal Code is scheduled to be codified during fiscal year 2011-2012. Other policies are being revised on an ongoing basis as needed and should be completed by the end of fiscal year 2010-2011.
• CO15 Page 87
  Charges for water usage vary from district-to-district. FINDINGS: 1. The Grand Jury finds the Agency does not demonstrate commitment to public transparency. (Facts # 5,11-13, 20-22) 2. Questions, concerns, and emergencies are all routed through a single phone number. (Fact # 8) 3. The Agency is in the process of developing a method to consolidate billing charges. (Facts# 8, 21, 22)  Current charges on billing statements include: o Service charge o Volumetric charge  New charges proposed are: o Service charge o Debt service charge o Volumetric charges o The CAWP district will have a pumping charge associated with their bill unless or until the GSL project is finished.
• CO16 Page 231
  Act immediately to correct a situation in which policy has not been followed, putting the best interests of Sutter Creek first, both financially and ethically. THE COUNCIL AGREES WITH AND HAS IMPLEMENTED THE APPROPRIATE CORRECTIVE ACTIONS. The Council has always “put the best interests of Sutter Creek first”. Recent and ongoing improvements to the management systems will assure prompt attention to any significant operational challenges. To the CITIZENS of SUTTER CREEK: 24. Become actively involved with the City Council to ensure positive change, without being intimidated by any individual member. This commitment will help City government avoid defaulting to continued mismanagement. Since the Councilpersons are also citizens of Sutter Creek; Sutter Creek has a long history (well beyond the Grand Jury’s recent interest) of public participation in City Council and Planning Commission meetings and issues. Active participation by the public is critical to the local democratic process and as such is welcome. The closing sentiment that the public needs to “help the City government avoid defaulting to continued mismanagement” is unwarranted. Page 17 of 49 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response SANITARY SEWER MANAGEMENT PLAN INTRODUCTION: In response to complaints regarding the quality and effectiveness of the City of Sutter Creek’s (City) sewer systems, the 2009/2010 Amador County Civil Grand Jury investigated the City’s Sanitary Sewer Management Plan (SSMP). BACKGROUND: The City has a history of raw sewage spills due to the age of the sewer system. The state requires that an SSMP be established for every City in California. To comply with the State Water Resources Control Board (SWRCB), the Central Valley Regional Water Quality Control Board (RWQCB) and the statewide General Waste Discharge Requirements (WDR) Order No. 2006-003-DWQ, The City established a SSMP. The City retained the services of HDR, a national engineering and consulting firm, and Weatherby/Reynolds/Fritson to assist in becoming compliant with the regulations. RESPONSIBLE AGENCY: CITY of SUTTER CREEK 18 Main Street Sutter Creek, CA 95685 FACTS: 1. The City complied with state requirements by submitting a certified SSMP in April 2008. The SSMP was comprised of 11 separate elements (see REFERENCES). THE CITY COUNCIL AGREES 2. By November 2009, within the required timeline, the City Manager had completed elements 1-6 of the SSMP. THE CITY COUNCIL AGREES 3. Elements 7-11 of the SSMP, due in May 2010, have not been completed. THE CITY COUNCIL AGREES 4. Element 7 of the SSMP deals specifically with Fats, Oils, and Grease (FOG) in the system. THE CITY COUNCIL AGREES Page 18 of 49 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response 5. Due to the budget crisis in the City, much of the SSMP work has been neglected. As recently as April 2010, two raw sewage spills occurred in the City. THE CITY COUNCIL DISAGREES WITH THIS FACT: The City “budget crisis” relates to the general fund and therefore has no impact upon the SSMP progress. Delays are more accurately related to the very significant reorganization and reduction in force of City management staff.
• CO17 Page 52
  Staff and population levels for 2011/2012: There are 29 total staff positions filled at this time. A typical shift is 1 sergeant and 2-3 officers. This is 3 officers to 86 inmates, based on 11/15/11 population.
• CO18 Page 52
  Staffing includes a Correctional Officer Classification. Besides working in the jail, a correctional officer handles transportation of inmates to court and other appointments. The education requirements for this classification are a high school diploma, attendance at a Correctional Officer Academy, and on-the-job training.
• CO19 Page 52
  The facility capacity is 65 males and 11 females. There are currently 74 males and 14 females. Two are on an electronic monitoring system.
• CO20 Page 52
  The existing site is too small to allow the current facility to be expanded. Overcrowding has forced the Sheriff to place bunks in dayrooms. The required separation of inmates by classification cannot occur.
• CO21 Page 52
  Limited jail capacity has made it necessary for the Sheriff’s Office to use alternative release programs. Non-violent felons are reviewed for release on Agreement to Appear, Sheriff’s Parole and Home Electronic Monitoring.
• CO22 Page 53
  The Inmate Welfare Fund is used to conform to Penal Code §4025. Income is produced from inmate purchases of telephone cards and commissary products. These funds can be used for programs, services, repairs from inmate vandalism, and for facility maintenance.
• CO23 Page 53
  No one under the age of 18 can be housed at ACDF. Juvenile custodial arrests are handled through the County Probation Department. When a minor is arrested, the probation officer responds and takes custody.
• CO24 Page 86
  The Agency is in the process of creating two Community Facilities Districts (CFD).  A CFD district must be approved by an election of two-thirds of the registered voters.  If the CFD has fewer than twelve registered voters, approval by two-thirds of property-owners is required.  The CFD for the AWS district will: o Provide immediate funds to decrease the Amador Transmission Pipeline (ATL) debt. o Provide immediate funds to assist in future upgrades of water treatment plants. o Guarantee developers who participate a future connection regardless of water system capacity. 62 Amador Water Agency o Be strictly voluntary.  The CFD for the CAWP Water District will fund the GSL project and will be levied on all properties improved or unimproved located in the CAWP CFD boundaries.
• CO25 Page 87
  Charges for water usage vary from district-to-district. FINDINGS:
• CO26 Page 225
  City Council has, on several occasions, not followed the policies and procedures of Sutter Creek City government. (Facts #1, #2, #3, #4, #5, #6, #7, #8, #11, #18) THE CITY COUNCIL AGREES
• CO27 Page 225
  Grand Jurors attending City Council meetings observed some members of the City Council managing by intimidation and being unresponsive to citizens’ concerns. THE COUNCIL AGREES IN PART WITH THIS FINDING: The City Council agrees that there have been occasions when members of the Council, staff and public have spoken in anger and/or let frustration get the better of them. Such occasions certainly can be intimidating. However, the City Council does not agree that there has been any deliberate pattern of intimation of the public by any member of the Council. The entire Council recognizes that we are responsible to set the tone of the meeting and interactions with the public and that anything less than common courtesy is unacceptable.
• CO28 Page 83
  http://www.amadorwater.org
• CO29 Page 120
  Notice, Hearing, and Protest Procedures. These notice, hearing and protest procedures are adopted for the purpose of assuring compliance with the requirements of Section 6 and in furtherance of providing notice to interested persons as to the procedures the Board intends to follow with respect to the (i) identification of parcels required to receive the public hearing notice; (ii) mailing of the public hearing notice; (iii) I0/R030I 12kcg Prop 218 Requirements (revised) -1- filing of written protests; (iii) conduct of the public hearing; and (iv) counting of written protest forms following the close of the public hearing to determine whether a majority protest exists. (a) ldentified Parcels Subiect to Water and Sewer Rates and Charqes. Section 6(aX1) requires the Agency to identify "the parcels upon which a fee or charge is proposed for imposition" (the "ldentified Parcels"). Section 6 does not provide further guidance as to whether "parcels upon which a fee or charge is proposed for imposition" means only those parcels currently receiving water and/or sewer service from the Agency, or includes all parcels within the Agency's service area to which water and/or sewer charges may be applied in the future. The California Supreme Court stated in Bighorn Desert Víew Water Agency v. Verjil (2006) 39 Cal.4th 205, 217 that "once a property owner or resident has paid the connection charges and has become a customer of a public water agency, all charges for water delivery incurred thereafter are charges for a property-related selice ...." For purposes of identifying parcels on which a property-related service charge is proposed for imposition, this language suggests that only parcels actually receiving water andior sewer service from the Agency currently should be identified. With respect to a parcel that may receive water andior sewer service in the future, the owner of that parcel may voluntarily accept the water and/or sewer charges as they then exist when the owner or the tenant of that parcel begins receiving water and/or sewer seryice from the Agency. Further, Government Code section 53755 authorizes an agency to provide notice of a proposed increase of an existing charge for a property-related service being provided to a parcel by including the charge in the agency's regular billing statement to the address to which the agency customarily mails the billing statement (i.e., mailed only to current water and/or sewer users). Section 53755 thus supports the conclusion that the only persons entitled to notice are owners and tenants of the parcels that currently receive water and/or sewer service from the Agency or have informed the Agency that they wish to receive any such service. Therefore, for purposes of Section 6(aX1), the ldentified Parcels shall include (i) parcels that currently receive the service to which the proposed rates and charges apply, plus (ii) any additional parcels that, at the time of mailing the notice described in subsection (b) below, have applied for such service. (b) Recipients of the Section 6 Notice. (1) Section 6(a)(1) provides that the Agency "shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition." Government Code section 53750(j) defines "record owne/' to mean "the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll, or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the agency." Therefore, the written notice required under Section 6(aX1) ("Section 6 Notice") shall be provided by mail to the owner of an ldentified Parcel, described in subsection (a) above, whose name and address appears on the last equalized secured county property tax assessment roll (the "Assessment Roll") or, in the case of a government-owned parcel, I0/R030I I2kcg Prop 2I8 Requirements (revised) -2- to the representative of that government agency at the address of that entity known to the Agency. (2) California Constitution article XIllD, section 2(g) defines "property ownership" to include "tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question." Such definition raises the issue of whether tenants also are entitled to receive the Section 6 Notice. ln tenant situations, the water and/or sewer charge billing statement may be, and often is, paid by the tenant even though the property owner remains primarily liable for the water and/or sewer charges. The Agency intends to continue this practice. Tenants that are listed as customers of the Agency may be directly liable to pay the water and/or sewer charges. Therefore, tenants of ldentified Parcels, if they are customers, shall receive the Section 6 Notice. ln addition to mailing the Section 6 Notice to the record owner of each ldentified Parcel, such notice shall be mailed by the Agency to the tenant or customer address to which the Agency customarily mails the billing statement as shown on the Agency's billing records. (c) Contents of the Section 6 Notice. Each mailed Section 6 Notice shall contain all of the following: (1) A protest form bearing the name of the record owner and/or tenant of the ldentified Parcel and that parcel's Assessor Parcel Number ("APN'), as described in section (e) below. (2) A reference to the filing of any rate study with the Board and information about where any such rate study and related materials may be reviewed and obtained. (3) The date, time and place of a public hearing before the Board at which the Board shall consider the proposed water or sewer rates and charges, receive and consider public comments and protests, and consider adoption of the proposed water or sewer rates and charges ("Public Hearing"). (4) The amount of the proposed water or sewer rates and charges to be imposed upon the ldentified Parcel covered by the Section 6 Notice with the rates and charges presented so as to allow the property owner or tenant to determine the expected or estimated amount chargeable to the owneds particular ldentified Parcel. (5) The basis upon which the amount of the proposed water or sewer rates and charges were calculated; and an explanation of the reasons for the proposed rates and charges. (6) Such other information as determined by the General Manager. (d) Mailinq of Section 6 Notice. The General Manager or his or her designee shall mail the Section 6 Notice in accordance with this resolution at least 45 days prior to the Public Hearing date. A Section 6 Notice also shall be mailed to any interested party l 0/R030 1 l 2kcg Prop 2 1 8 Requirements (revised) -J- who has filed a written request with the Agency for mailed notice of Board hearings on new or increased fees and charges. The General Manager or his or her designee shall certify the proper mailing of the Section 6 Notice by declaration, which shall constitute conclusive proof of mailing in the absence of fraud. Failure of any person to receive such notice shall not invalidate the proceedings with respect to the adoption and imposition of the proposed water or sewer rates and charges. (e) Filinq a Written Protest. Section 6(aX2) provides that: "At the public hearing, the agency shall consider all protests against the proposed fee or charge. lf written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge." The following rules shall govern the Agency in accepting and evaluating written protests: (1) The Agency shall provide with the mailed Section 6 Notice a protest form bearing the name of the record owner and the tenant, if the tenant is the customer, of the ldentified Parcel and that parcel's APN. The Agency shall provide a copy of the protest form for each ldentified Parcel to the owner and the tenant, if the customer, of the ldentified Parcel. For purposes of determining the existence of a majority protest, however, only one completed protest form for each ldentified Parcel that complies with the requirements of section (g) below shall be counted. Any property owner or tenant of an ldentified Parcel who objects to the Board's adoption of the proposed water or sewer rates and charges and the imposition of such charge on the ldentified Parcel must complete the protest form and return it to the Agency prior to the close of the Public Hearing. lf the protest form provided by the Agency is lost or misplaced, the owner or tenant, if the customer, of the ldentified Parcel may contact the Agency for a replacement form. (2) The Assessment Roll shall be presumptive evidence of ownership of an ldentified Parcel for written protest purposes. lf a person asserts that he, she or it is the owner of an ldentified Parcel but is not shown as the owner on the Assessment Roll, then such person may seek to establish eligibility to file a written protest for such parcel by filing with the General Manager evidence of ownership. lf the submitted evidence of ownership is satisfactory to the General Manager, then the Agency shall provide the person with a protest form showing the person's name and address and the parcel's APN. Any such evidence must be received by the General Manager prior to the close of the Public Hearing. (3) When an ldentified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file the written protest for such parcel by completing the Agency-provided protest form. (4) When an ldentified Parcel is held by a corporation, company, unincorporated association, or local government agency, a written protest may be filed by resolution of the board of directors or other governing board, by the chief executive officer of the entity, or by any other person authorized in writing by the board of directors or trustees I 0/R030 I 1 2kcg Prop 2 I 8 Requirements (revised) -4- or other governing board to take such actions. lf the protest is filed by a person other than the chief executive officer on behalf of the entity, then the corporation, unincorporated association or local government agency must file written authorization satisfactory to the General Manager. Any such written authorization must be filed with the General Manager prior to the close of the Public Hearing. (5) Government Code section 53755(b) states that "[o]ne written protest per parcel, filed bv an owner or tenant of the parcel, shall be counted in calculating a majority protest to a proposed new or increased fee or charge subject to the .' requirements of Section 6 ... Based on this section, the Agency shall accept a protest form completed by an owner or a tenant, if the customer, of an ldentified Parcel. The owner or tenant must use the protest form provided by the Agency for the ldentified Parcel. lf the tenant is other than a natural person, then the rules above shall apply to determine the authority of a person to act on behalf of the tenant. (6) Each completed protest form returned to the Agency must bear the original signature of the property owner or tenant or authorized representative. The completed protest form may be mailed or sent by other courier or delivery service to the General Manager (Amador Water Agency, 12800 Ridge Road, Sutter Creek, CA 95685), hand- delivered to the same address, or hand-delivered at the Public Hearing. A protest form delivered via e-mail or fax shall not be counted as a written protest for purposes of determining whether a majority protest exists. However, the Board may consider such e-mail or fax comment in determining whether to approve the proposed water or sewer rates and charges. (7) No completed protest form received by the Agency after the close of the Public Hearing shall be counted in determining the existence of a majority protest. (8) A written protest may be withdrawn in writing at any time prior to the close of the Public Hearing by the person who completed the Agency-provided protest form. (g) All completed protest forms received by the Agency and not withdrawn prior to the close of the Public Hearing shall be considered public records. (Ð Conduct of the Public Hearinq. (1) At the time, date and place fixed for the Public Hearing, the Board shall hear a staff presentation pertaining to any applicable rate study and the proposed water or sewer rates and charges, hear all persons interested in the matter or any aspect of any such rate study or the proposed rates and charges, and receive all completed protest forms and other comments regarding the rate study and the proposed rates and charges. The Public Hearing may be continued from time to time as determined by the Board. lf it is not possible to tabulate all of the protests on the day of the Public Hearing, then the Public Hearing may be closed but action on the proposed water or sewer rates and charges shall be continued until after tabulation of the written protests is finished. 1 0/R030 1 l 2kcg Prop 2 1 8 Requirements (revised) -5- (2) lf the Board determines, after the close of the Public Hearing, that written protests have been presented, and not withdrawn, by owners, tenants or authorized representatives of a majority of the ldentified Parcels (i.e., there is a majority protest as determined pursuant to subsection (g)), the proposed water or sewer rates and charges shall not be approved. (3) lf the Board determines, after the close of the Public Hearing, that no majority protest exists, the Board may adopt the proposed water or sewer rates and charges or rates and charges that are lower than those proposed. 19¡ Countinq of Written Protests: Determination of Maioritv Protest. (1) Written protests (as evidenced by completed Agency-provided protest forms) shall be reviewed and tabulated by the General Manager or his or her designee. The review and tabulation shall be in an open and public setting. Any interested member of the public may observe the tabulation process. (2) The Agency shall not count a protest that (i) is not on the Agency-provided protest form; (ii) is not signed by the property owner, tenant or authorized representative; and (iii) is not from an owner or tenant of an ldentified Parcel. The cause for the rejection of a written protest shall be written on the face of the protest form. (3) For purposes of determining whether a majority protest exists, only one completed Agency-provided protest form per ldentified Parcel shall be counted in accordance with Government Code section 53755(b). ln order to be counted in determining whether a majority protest exists, a completed protest form must be timely received by the Agency in accordance with subsection (e). (4) A completed protest form from any person having an ownership or tenancy interest or representing a person having such an interest in an ldentified Parcel will result in having that ldentified Parcel counted among the ldentified Parcels for which a written protest has been received, irrespective of the possibility that one or more other persons having an ownership or tenancy interest in the same ldentified Parcel do not join in such written protest. (5) ln calculating the majority protest, the numerator shall be the number of proper and timely written protests (one protest per ldentified Parcel) and the denominator shall be the total number of ldentified Parcels (determined pursuant to subsection (a).) lf the calculated percentage is greater than fifty percent (50%), then a majority protest exists. lf the calculated percentage is fifty percent (50%) or less, then there shall not be a majority protest. (revised¡ -6' 10/R030 I l2kcg Prop 2 I 8 Requirements
• CO30 Page 126
  Effective Date of Resolution; Amendment. This resolution shall take effect ímmediately upon its adoption. These procedures may be amended from time to time by subsequent resolution of the Board.
• CO31 Page 90
  http://amadorwatchdog.org
• CO32 Page 90
  Reference item #1 – Interdepartmental loans
• CO33 Page 90
  Reference item #2 – $900,000 loan from Board of Supervisors with 1st and 2nd amendments.
• CO34 Page 90
  Reference item #3 - Original grant conditions from USDA
• CO35 Page 90
  Reference item #4 - Extension agreement to USDA conditions
• CO36 Page 90
  Reference item #5 - Resolution No. 2012-4
• CO37 Page 90
  Reference item #6 - Howard Jarvis letter to the Agency 66 10/11 CONSOLIDATED DEBT SCHEDULE APPLIED ACCRUED BEGIN TO xx 56914.15 ANNUAL ENDING INTEREST YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE PAYABLE - - WDF 21231.06 CAWP 1980 10/11 - - - - - - 21231.06 0656912.15 CAWP 1985 10/11 201,666.86 29,351.56 10,890.01 40,241.57 172,315.30 10,890.01 21231.06 0656912.15 GSL-Short Term 10/11 900,000.00 - 18,000.00 18,000.00 900,000.00 15,000.00 DWR/SWRCB 21233.04 0456918.15 Ridge 10/11 1,661,031.71 70,593.85 49,825.67 120,419.52 1,590,437.86 12,086.56 21233.20 2056925.15 PineGroveWW 10/11 171,970.75 13,565.69 4,815.18 18,380.87 158,405.06 2,956.89 21234.04 0456917.15 Hillside 10/11 28,845.37 2,026.78 859.48 2,886.26 26,818.59 2 03.87 2006 COP 21235.04 0456921.15 Series A 10/11 22,495,000.00 485,000.00 1 ,047,225.00 1,532,225.00 2 2,010,000.00 85,652.08 USDA 21233.06 0656913.15 Buckhorn #1 10/11 4,670,000.00 65,000.00 197,093.75 262,093.75 4,605,000.00 32,618.75 21233.06 0656913.15 Buckhorn #2 10/11 794,000.00 10,000.00 34,518.75 44,518.75 784,000.00 5,716.67 21233.09 0956913.15 La Mel 10/11 202,679.85 2,551.46 8,360.54 10,912.00 200,128.39 2,063.83 21236.04 0456913.15 Plymouth #1 10/11 2,970,000.00 30,000.00 132,975.00 162,975.00 2,940,000.00 11,025.00 21236.04 0456913.15 Plymouth #2 10/11 1,980,000.00 20,000.00 81,262.50 101,262.50 1,960,000.00 6,737.50 - 36,075,194.54 728,089.34 1 ,585,825.88 2,313,915.22 3 5,347,105.20 184,951.15 INTERFUND 21500.14 0112400.04 From AWS to CAWP Retail (Riverview) 10/11 32,817.07 7,629.15 1,640.85 9,270.00 25,187.92 21500.20 0112400.04 From AWS to PGWW (WWGen) 10/11 120,656.21 6,778.87 4,621.13 11,400.00 113,877.34 21501.09 0112400.04 From AWS to ID 3 (Lamel) 10/11 200,000.00 4,930.00 4,000.00 8,930.00 195,070.00 21501.13 0112400.04 From AWS to ID 7 (Camanche Water) 10/11 780,000.00 19,227.00 15,600.00 34,827.00 760,773.00 21501.14 0112400.04 From AWS to CAWP Retail 10/11 855,185.00 21,080.30 17,103.70 38,184.00 834,104.70 21501.20 0112400.04 From AWS to WWGen 10/11 500,000.00 - 500,000.00 21501.20 0112400.04 From AWS to WWID 1 (WWGen) 10/11 510,000.05 12,571.46 10,200.00 22,771.46 497,428.59 21501.20 0112400.04 From AWS to WWID 1 (WWGen) 10/11 160,000.00 3,943.00 3,200.00 7,143.00 156,057.00 21501.20 0112400.05 From AG to WWID 1 (WW Gen) 10/11 135,500.00 - 135,500.00 21501.21 0112400.22 From WWID 12 to WWID 11 10/11 545,000.00 13,434.00 10,900.00 24,334.00 531,566.00 21501.21 0112400.22 From WWID 12 to WWID 11 10/11 760,000.00 - 760,000.00 4,599,158.33 89,593.78 67,265.68 156,859.46 4,509,564.55 Page 1 of 5 Amador Water Agency 09/10 CONSOLIDATED DEBT SCHEDULE APPLIED ACCRUED BEGIN TO ANNUAL ENDING INTEREST YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE PAYABLE WDF 21231.06CAWP 1980 09/10 52,785.08 52,785.08 1,583.56 54,368.64 - 1 ,451.60 CAWP 1985 09/10 229,514.64 27,847.78 80,632.86 12,393.79 40,241.57 201,666.86 2 01,666.86 - 1,451.60 - - DWR/SWRCB 21233.04RIDGE 09/10 1,729,533.21 68,501.50 68,501.50 51,918.02 120,419.52 1,661,031.71 1 ,661,031.71 1 4,614.55 14,614.55 21233.20PGWW 09/10 185,166.95 13,196.20 13,196.20 5,184.67 18,380.87 171,970.75 1 71,970.75 3 ,456.45 3,456.45 21234.04HILLSIDE 09/10 30,819.38 1,966.71 1,966.71 919.55 2,886.26 28,852.67 2 8,852.67 2 76.45 301.66 2006 COP 21235.04SERIES A 09/10 22,965,000.00 470,000.00 470,000.00 1,066,025.00 1,536,025.00 22,495,000.00 2 2,495,000.00 8 9,752.08 89,752.08 USDA 21233.06BUCKHORN #1 09/10 4,730,000.00 60,000.00 199,750.00 259,750.00 4,670,000.00 3 4,708.33 21233.06BUCKHORN #2 09/10 804,000.00 10,000.00 70,000.00 34,956.25 44,956.25 794,000.00 5 ,464,000.00 6 ,066.67 40,775.00 21233.09LA MEL 09/10 205,227.15 2,446.38 2,446.38 8,465.62 10,912.00 202,780.77 2 02,780.77 2 ,186.25 2,186.25 21236.04PLYMOUTH # 1 09/10 3,000,000.00 - - 30,259.00 - 3,000,000.00 21236.04PLYMOUTH # 2 09/10 2,000,000.00 - - 27,741.00 - 2,000,000.00 5,000,000.00 INTER-COMP 21400.14RIVERVIEW 09/10 40,082.92 7,265.85 7,265.85 2,004.15 9,270.00 32,817.07 3 2,817.07 1 ,169.09 1,169.09 21400.20PGWW FROM AWS 09/10 127,185.02 6,528.81 6,528.81 4,871.19 11,400.00 120,656.21 4 05.93 405.93 21401.20WWGEN FROM AWS 09/10 500,000.00 - - 6,528.81 500,000.00 6 20,656.21 - 36,599,314.35 720,538.31 720,538.31 1,446,071.80 2,115,138.92 35,878,776.04 3 5,878,776.04 1 54,087.39 154,112.61 NOTES 22100.04HWY 49/CALTR 09/10 445,827.70 - - - 445,827.70 4 45,827.70 - - 22100.05La Salle 2006 09/10 105,140.93 105,140.93 105,140.93 2,155.37 107,296.30 - - - 445,827.70 825,679.24 825,679.24 1,448,227.17 2,222,435.22 36,324,603.74 36,324,603.74 154,087.39 - Page 2 of 5 Amador Water Agency 08/09 CONSOLIDATED DEBT SCHEDULE APPLIED BEGIN TO ANNUAL ENDING YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE WDF 21231.06 CAWP 1980 08/09 104,032.56 51,247.48 4,613.63 55,861.11 52,785.08 CAWP 1985 08/09 255,935.68 26,421.04 77,668.52 13,820.53 40,241.57 229,514.64 21231.14 MLACRES 08/09 - - - - - NEW TANK 08/09 - - - - - PINE ACRES 08/09 - - - - - - CSDA 21232.05 CSDA Z 08/09 290,000.00 150,000.00 150,000.00 11,450.00 161,450.00 140,000.00 DWR/SWRCB 21233.04 RIDGE 08/09 1,796,113.55 66,580.34 66,580.34 53,839.18 120,419.52 1,729,533.21 21233.20 PGWW 08/09 198,003.72 12,836.77 12,836.77 5,544.10 18,380.87 185,166.95 21234.04 HILLSIDE 08/09 32,729.78 1,910.40 1,910.40 975.86 2,886.26 30,819.38 2006 COP 21235.04 SERIES A 08/09 23,240,000.00 275,000.00 275,000.00 1,077,025.00 1,352,025.00 22,965,000.00 USDA 21233.06 BUCKHORN #1 08/09 4,790,000.00 60,000.00 202,300.00 262,300.00 4,730,000.00 21233.06 BUCKHORN #2 08/09 814,000.00 10,000.00 70,000.00 35,393.75 45,393.75 804,000.00 21233.09 LA MEL 08/09 207,576.61 2,349.46 2,349.46 8,562.54 10,912.00 205,227.15 INTER-COMP 21400.14 RIVERVIEW 08/09 47,002.78 6,919.86 6,919.86 2,350.14 9,270.00 40,082.92 21400.20 PGWW FROM AWS 08/09 133,473.00 6,287.98 6,287.98 5,112.02 11,400.00 127,185.02 21401.20 WWGEN FROM AWS 08/09 500,000.00 - - 6,287.98 500,000.00 32,408,867.68 669,553.33 669,553.33 1,420,986.75 2,096,828.06 31,739,314.35 NOTES 22100.04 HWY 49/CALTR 08/09 445,827.70 - - - 445,827.70 22100.05 La Salle 2006 08/09 309,128.91 203,987.98 203,987.98 10,604.62 214,592.60 105,140.93 - 445,827.70 873,541.31 873,541.31 1,431,591.37 2,311,420.66 32,290,282.98 Page 3 of 5 Amador Water Agency 07/08 CONSOLIDATED DEBT SCHEDULE APPLIED ACCRUED BEGIN TO ANNUAL ENDING INTEREST YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE PAYABLE WDF 21231.06CAWP 1980 07/08 153,787.39 48,305.66 6 ,062.80 54,368.46 105,481.73 5,557.57 CAWP 1985 07/08 281,003.08 23,783.12 72,088.78 16,458.45 40,241.57 257,219.96 362,701.69 - 5,557.57 21231.14MLACRES 07/08 - - - - - - NEW TANK 07/08 3,880.16 3,767.17 2 29.42 3,996.59 112.99 57.36 PINE ACRES 07/08 2,734.55 2,652.46 6,419.63 1 61.73 2,814.19 82.09 195.08 40.43 97.79 362,896.77 CSDA 21232.04CSDA Z 07/08 175,707.00 47,250.00 47,250.00 10,383.75 57,633.75 128,457.00 128,457.00 2,192.02 2,192.02 21232.14CSDA Z 07/08 214,293.00 57,750.00 57,750.00 12,691.25 70,441.25 156,543.00 156,543.00 4,818.75 4,818.75 285,000.00 DWR/SWRCB 21233.04RIDGE 07/08 1,860,493.03 62,589.35 62,589.35 57,830.02 120,419.37 1 ,797,903.68 1,797,903.68 14,614.55 14,614.55 21233.20PGWW 07/08 210,490.85 12,147.01 12,147.01 6 ,233.86 18,380.87 198,343.84 198,343.84 4,155.91 4,155.91 21234.04HILLSIDE 07/08 34,572.23 1,796.07 1,796.07 1 ,089.05 2,885.12 32,776.16 32,776.16 276.45 301.66 2006 COP 21235.04SERIES A 07/08 23,240,000.00 - - 1,077,025.00 1,077,025.00 2 3,240,000.00 23,240,000.00 89,752.08 89,752.08 USDA 21233.06BUCKHORN #1 07/08 4,845,000.00 55,000.00 207,081.25 262,081.25 4 ,790,000.00 34,708.33 21233.06BUCKHORN #2 07/08 823,000.00 9,000.00 64,000.00 36,203.13 45,203.13 814,000.00 5,604,000.00 6,066.67 40,775.00 21233.09LA MEL 07/08 209,833.00 2,167.00 2,167.00 8 ,745.00 10,912.00 207,666.00 207,666.00 2,186.25 2,186.25 31,080,689.68 31,728,586.45 INTER-COMP 21400.07RIVERVIEW 07/08 53,593.12 6,276.52 6,276.52 2 ,993.48 9,270.00 47,316.60 47,316.60 1,746.20 1,746.20 21400.20PGWW FROM AWS 07/08 139,529.03 5,832.65 - 5 ,567.35 11,400.00 133,696.38 463.95 21401.20WWGEN FROM AWS 07/08 500,000.00 - 5,832.65 - - 500,000.00 633,696.38 - 463.95 693,122.15 681,012.98 32,747,916.44 338,317.01 338,317.01 1,448,755.54 1,787,072.55 32,409,599.43 32,409,599.43 166,636.50 166,661.71 NOTES 22100.04HWY 49/CALTR 07/08 445,827.70 - - - 445,827.70 445,827.70 - - 22100.05La Salle 2006 07/08 - - - - - - - - 445,827.70 338,317.01 338,317.01 1,448,755.54 1,787,072.55 32,855,427.13 32,855,427.13 166,636.50 - Page 4 of 5 Amador Water Agency 06/07 CONSOLIDATED DEBT SCHEDULE APPLIED ACCRUED BEGIN TO ANNUAL ENDING INTEREST YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE PAYABLE WDF 21231.06CAWP 1980 06/07 202,093.05 48,305.66 6 ,062.80 54,368.46 1 53,787.39 5,557.57 CAWP 1985 06/07 304,786.20 23,783.12 72,088.78 16,458.45 40,241.57 2 81,003.08 434,790.47 16,458.45 22,016.02 * 21231.14MLACRES 06/07 7,013.69 7,013.69 2 37.04 7,250.73 - 118.52 NEW TANK 06/07 7,647.33 3,767.17 2 29.42 3,996.59 3,880.16 57.36 PINE ACRES 06/07 5,387.01 2,652.46 13,433.32 1 61.73 2,814.19 2,734.55 6,614.71 40.43 216.31 * CSDA 21232.04CSDA Z 06/07 222,957.00 47,250.00 47,250.00 10,383.75 57,633.75 1 75,707.00 175,707.00 4,672.69 4,672.69 21232.08CSDA Z 06/07 272,043.00 57,750.00 57,750.00 12,691.25 70,441.25 2 14,293.00 214,293.00 6,980.19 6,980.19 DWR/SWRCB 21233.04RIDGE 06/07 1,923,089.92 62,589.35 62,589.35 57,830.17 120,419.52 1 ,860,500.57 1,860,500.57 15,079.68 15,079.68 21233.20PGWW 06/07 222,637.86 12,147.01 12,147.01 6 ,233.86 18,380.87 2 10,490.85 210,490.85 4,156.11 4,156.11 21234.04HILLSIDE 06/07 36,368.30 1,796.07 1,796.07 1 ,089.05 2,885.12 34,572.23 34,572.23 289.63 289.63 2006 COP 21235.04SERIES A 06/07 23,240,000.00 - - 1,077,025.00 1,077,025.00 23,240,000.00 23,240,000.00 - - USDA 21233.06BUCKHORN #1 06/07 4,900,000.00 55,000.00 207,081.25 262,081.25 4 ,845,000.00 49,542.55 21233.06BUCKHORN #2 06/07 832,000.00 9,000.00 64,000.00 36,203.13 45,203.13 8 23,000.00 5,668,000.00 8,663.11 58,205.65 21231.09LA MEL 06/07 212,000.00 2,167.00 2,167.00 8 ,745.00 10,912.00 2 09,833.00 209,833.00 3,643.75 3,643.75 INTER-COMP 21400.07RIVERVIEW 06/07 59,869.64 6,276.52 6,276.52 2 ,993.48 9,270.00 53,593.12 53,593.12 1,920.55 1,920.55 21400.20PGWW FROM AWS 06/07 145,361.68 5,832.65 - 5 ,567.35 5,567.35 1 39,529.03 445.33 21400.20WWGEN FROM AWS 06/07 500,000.00 - 5,832.65 - 5,832.65 5 00,000.00 639,529.03 - 445.33 33,093,254.68 345,330.70 345,330.70 1,448,992.73 1,794,323.43 32,747,923.98 32,747,923.98 117,625.90 117,625.90 NOTES 22100.04HWY 49/CALTR 06/07 445,827.70 - - - 4 45,827.70 445,827.70 - - 22100.05La Salle 2006 06/07 600,000.00 94,996.30 94,996.30 12,300.00 107,296.30 5 05,003.70 505,003.70 7,175.00 7,175.00 - 34,139,082.38 440,327.00 440,327.00 1,461,292.73 1,901,619.73 33,698,755.38 33,698,755.38 124,800.90 124,800.90 Page 5 of 5 Amador Water Agency RESOLUTION NO. 2012.04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AMADOR WATER AGENGY ADOPTING NOTICE, HEARING, AND PROTEST PROCEDURES FOR COMPLIANCE WITH PROPOSITION 218 WHEREAS, California Constitution Article XlllD, Section 6, added by Proposition 218, sets forth the procedural and substantive requirements relating to the adoption and increase of property-related fees and charges ("Section 6"); WHEREAS, the water and sewer rates and charges of the Amador Water Agency ("Agency") are property-related fees or charges subject to certain procedural and substantive requirements set forth in Section 6; WHEREAS, the notice, hearing, and protest requirements set forth in Section 6 do not provide sufficient detail regarding the provision of such notice and the conduct of such hearing and protest; WHEREAS, the Agency Board of Directors ("Board") desires to implement notice, hearing, and protest procedures pursuant to Section 6 to provide greater clarity regarding Section 6's requirements, inform property owners and Agency water and sewer customers of the proper procedures relating to the imposition and increase of water and sewer rates and charges, and protect the integrity of the Agency's rate- setting processes. NOW, THEREFORE, BE lT RESOLVED by the Board of Directors of the Amador Water Agency as follows:
• CO38 Page 163
  HDR’s trial and error approach to resolving the TSS, BOD, and TCB issues should not have been at the expense of the City. HDR was hired because of its highly regarded reputation and expertise. Page 9 of 14 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #3 February 6, 2012 – FINAL UPDATE FURTHER REVIEW AND TESTING IS REQUIRED PRIOR TO RESPONDING. There are a range of issues, some design and some operational, which need to be resolved prior to responding. Response pending review by outside professional contractor, due in 90 days of this report. December 6, 2010: The City’s recently-hired consultant is continuing to improve the operational and technical issues at the plant. As of this update the plant is in full compliance with State standards. A final report from the consultant is due by February. The recently-hired City Attorney and City Manager will begin reviewing the performance of the contractors when the final report is completed. January 18, 2011: See comment above. February 6, 2012: The Consultant’s final report is attached to this update. The consultant continued to work with City staff to improve the operational and technical issues at the plant through October 2011. HydroScience Operations (HSo) has continued working to implement the recommendations made in the final report. These improvements are ongoing. The City Attorney and City Manager are continuing to look at potential legal remedies regarding the performance of the contractors used for the project.
• CO39 Page 164
  HDRs design for the WWTP has several deficiencies: • Bacteriologic incompatibility • No PH control • High operating costs, especially in summer • High chlorine demand • Unresolved high BOD levels • Overbuilt due to Gold Rush considerations • No process manual • No follow-through on Quality Control/Quality Assurance FURTHER REVIEW AND TESTING IS REQUIRED PRIOR TO RESPONDING. There are a range of issues, some design and some operational, which need to be resolved prior to responding. Response pending review by outside professional contractor, due in 90 days of this report. December 6, 2010: The City’s recently-hired consultant is continuing to improve the operational and technical issues at the plant. As of this update the plant is in full compliance with State standards. A final report from the consultant is due by February. The recently-hired City Attorney and City Manager will begin reviewing the performance of the contractors when the final report is completed. Page 10 of 14 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #3 February 6, 2012 – FINAL UPDATE January 18, 2011: See comment above. February 6, 2012: February 6, 2012: The Consultant’s final report is attached to this update. The consultant continued to work with City staff to improve the operational and technical issues at the plant through October 2011. HydroScience Operations (HSo) has continued working to implement the
• CO40 Page 165
  The City Treasurer provided the Grand Jury with documents which suggest that Sewer Enterprise Funds have been transferred to the General Fund, once in the amount of $24,250, another in the amount of $220,000. There is no evidence that either of these transfers were paid back, as required by Article l3D § 6(b) of the California State Constitution (Fact #12) FURTHER REVIEW IS REQUIRED PRIOR TO RESPONDING. This issue has been referred to the new finance director to research and respond within 90 days of this report. December 6, 2010: Due to ongoing issues within the Finance Department, this issue has not been addressed by the new Finance Director. The Finance Director will research and respond to this issue by the first meeting in January. January 18, 2011: Continuing issues within the Finance Department have delayed this issue from being addressed. The Finance Department will research and respond to this issue by February. February 6, 2012: Research by the Finance Director presented to the City Council on September 19, 2011 showed that the $24,250 transfer was categorized as a loan and has since been paid back. The Finance Director’s research shows no evidence that a transfer of $220,000 had occurred.
• CO41 Page 177
  Creation of Grants spreadsheet Sean In progress Sept. 1, 2010 with monthly status report to City Oct. 4, 2010 Council, to include deadlines and Ongoing audit timeframes.
• CO42 Page 177
  Ensure City policy prohibits the Sean/Dennis COMPLETE June 1, 2010 city from paying for studies done on behalf of developers, without a formal reimbursement agreement and pre-approval by City Council.
• CO43 Page 155
  Remove outdated leave-of-absence references from the Policy Manual and Employee Handbook. Page 1 of 14 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #3 February 6, 2012 – FINAL UPDATE (Fact #9) THE CITY AGREES WITH AND WILL IMPLEMENT THIS
• CO44 Page 177
  Any ARSA issues that might Sean In progress Sept. 1, 2010 impact city budget need to be COMPLETE brought forward to council for discussion and/or approval prior to ARSA Board action.
• CO45 Page 156
  Add a written Workers’ Compensation procedure to the Policy Manual and Personnel Handbook. (Fact #6) THE CITY AGREES WITH AND WILL IMPLEMENT THIS
• CO46 Page 156
  Adopt a policy of promptly transcribing and presenting the Council meeting minutes to the City Council for approval. (Fact #14, Finding #7) THE CITY AGREES WITH AND WILL IMPLEMENT THIS
• CO47 Page 156
  Update and provide revision dates for the Policy Manual and Personnel Handbook to reflect Page 2 of 14 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #3 February 6, 2012 – FINAL UPDATE current laws. Index and number the pages properly for easy reference. This will avoid confusion and establish a tracking mechanism for compliance with California State Laws and/or the Fair Political Practices Commission (Fact #7, Finding #13) THE CITY AGREES WITH AND WILL IMPLEMENT THIS
• CO48 Page 177
  Journal entries in excess of 10. FD In progress Dec. 1, 2010 COMPLETE
• CO49 Page 177
  Update Personnel Handbook Sean In progress June, 2012 City of Sutter Creek 2009/2010 Civil Grand Jury Report Response UPDATE #2 January 18, 2011 Text in bold indicates the City of Sutter Creek’s original response to the 2009/2010 Amador County Grand Jury Report recommendations and/or findings (as indicated). The text in bold italic indicates the City’s updates to the recommendations or findings listed in the report. Only those recommendations with outstanding responses are included in this update. See Update #1 (dated December 6, 2010) for

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.