Calaveras County Grand Jury • 2003-2004

Calaveras County Grand Jury May 27, 2004 The Honorable John E. Martin Calaveras County Superior Court

Published: May 27, 2004 40 pages Consolidated Report

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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 11 findings

Proof of conflict of interest was forwarded to the Fair Political Practices Commission for further investigation.

In a letter to VSPUD, the Water Quality Control Board directed that VSPUD comply with regulations requiring a water system to mail or otherwise deliver a copy of each year’s Consumer Confidence Report to each customer.

The CAO must implement a system of policies and procedures to govern the liquidation of County property. A good system of checks and balances would entail the involvement of at least two people involved in each such transaction. 1

Efforts must continue to locate the misplaced incoming checks and a better tracking system must be established to prevent future losses. RESPONSE REQUESTED Board of Supervisors County Administrative Officer 2 OUTSTANDING RESPONSES FROM PRIOR YEARS Pursuant to Penal Code 933, respondents have a specified period of time in which they must officially respond to the recommendations as set forth in the Grand Jury’s Final Report. Elected officials must respond to the Grand Jury’s findings within 60 days and appointed officials within 90 days. The current Grand Jury is responsible for ensuring that last years required respondents have submitted answers to recommendations. The current Grand Jury may also selectively investigate the progress and implementations of changes promised by these agencies and departments. After reviewing all responses received this year, the Grand Jury determined that several departments and agencies have either not responded or have not adhered to promises made in their official responses. Some of these matters remain unresolved after a period of two or more years. The Grand Jury also reviewed Grand Jury Final Report Recommendations from two previous years. This review disclosed that there are financial procedures that still remain unsettled. In the Management Report Year End June 30, 2002, BB&R made 51

VSPUD Board Meetings must follow posted agendas, and meeting minutes should clearly detail the business conducted in order to verify compliance with the Government Code 54950 et seq.

VSPUD must upgrade accounting and record keeping procedures to comply with Government Code.

The Grand Jury recommends that the District revise its rate structure to benefit the water user and VSPUD. For example, the minimum usage base rate should be removed; and the per-gallon rate should be increased from $0.005 to $0.006, with a $3 meter fee (surcharge) per customer per month. 7

Establish a permanent office with regular hours and conduct District business from that location.

Reduce the Directors’ fees to bring them more in line with fees paid to Directors in similar districts

F10

All contracts over $3,500.00 should receive a minimum of three bids and all subject bids should be posted in the local newspaper with the largest subscription base. No contractor should be accepted without a State license. Emergency work may be done on an on-call basis and, when feasible, should be done by a licensed contractor.

F11

VSPUD legal counsel should thoroughly interpret the requirements of the Brown Act to each Board Director so they fully understand both their obligation to conform to the requirements and the penalties for non-conformance. RESPONSE REQUESTED VSPUD Board of Directors VSPUD Manager 8 CALAVERAS COUNTY WATER DISTRICT (CCWD) REASON FOR INVESTIGATION A complaint was filed against CCWD alleging, “the majority of Board discretionary activities are either unnecessary, inappropriate, frivolous, or outright boondoggles.” PROCEDURES The Grand Jury examined CCWD legislative platform approved by Board and compared this to a list of proposed CCWD projects prepared by management and presented to the Board for approval. FINDING CCWD has undertaken the pursuit of programs not consistent with its approved Legislative Platform, which is a violation of California Government Code 56824.12.

Recommendations 5

R1

Development is within the 100-foot non-development buffer zone.
R2

A river crossing was created without required streambed alteration permits.
R3

There is inadequate inclusive fencing.
R4

Roadways within the project do not meet CUP specifications.
R5

The Planning Department staff provided false information to the Calaveras County Board of Supervisors. PROCEDURES The Grand Jury reviewed documentation from the Planning Department, and maps and aerial photographs of the above-mentioned property and adjoining parcels. The Grand Jury interviewed the director and staff of PAWS and toured the grounds of the San Andreas site.