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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Mariposa County Grand Jury • 2021-2022

Compliance and Continuity Report: Past Examination, Present Action

Published: June 28, 2022 23 pages
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Findings 16 findings

F1 Page 18
Mariposa County Elections Staff are dedicatedto following California Election Code and, at times, go beyond State code. Staff shares best practices with State personnel and similarly-sized counties for considered implementation.
F2 Page 18
Election security is a top priority for all Elections staff and volunteers; Mariposa County elections are secure.
F3 Page 18
Elections staff and volunteers are dedicated and well-trained.
F4 Page 18
Elections staff and volunteers are responsive to the needs of all voters. Staff and volunteers are respectful, polite, and helpful.
F5 Page 18
There are adequate means of voting provided throughout the county, including mailing in ballots via US Postal Service postage-paid envelopes, placing ballots in secure ballot boxes, or voting at designated Vote Centers.
F6 Page 18
Mariposa County Elections run smoothly and efficiently.
F7 Page 30
Some information on the LDPCSD website is F7. The LDPCSD BOD disagrees partially with the out-of-date and inaccurate and unfavorably represents finding as the website requires on-going maintenance the present status of the district. and updating.
F8 Page 30
Prior civil grand juries were inundated with F8. The LDPCSD BOD agrees with the finding. complaints regarding the operation, management, and oversight of the LDPCSD. It has been more than two years since MCCGJ has received a complaint. MCCGJ 2021-2022 Final Report
F9 Page 36
If built as planned, the SilverTip resort would have F9. The finding implies that the YACSD BOD is increased the number of overnight lodging and responsible for the SilverTip project not proceeding as therefore, the County's Transient Occupancy Tax Mariposa County had hoped. This is perplexing as the revenue. conditional use permit was issued by the BOS in 2003. The SilverTip developer defaulted on a $5.6 million dollar loan in 2010, declared bankruptcy, and the SilverTip property was put up for auction. The auction certainly slowed development. It also called into question the integrity of the developer to negotiate in good faith with the YACSD BOD. How is it remotely conceivable that this multi-million dollar corporation reached the point of insolvency because of a tiny CSD defending its water rights? MCCGJ 2021-2022 Final Report Findings Response
F10 Page 37
The EIR reports regarding water quality and F10. "The amount of water in the rocks surrounding a quantity found SilverTip wells would be drawing water hard rock well is small. Groundwater levels and the from a source isolated from YACSD wells. Likewise, well's yield can decline dramatically during the according to analysis, treated effluent SilverTip would summers of dry years," (California Department of not contaminate YACSD wells. Water Resources [CDWR], 2011). "Hard rock wells require a source of recharge and a large quantity of water in storage," (CDWR, 2011). Drilling must be done at a very specific point in a major fracture zone containing plenty of water and water must be continually recharged. A neighboring well can interfere with one's well, depending on connections between rock fractures. Interference between neighboring wells is difficult or impossible to predict in advance (CDWR, 2011). On of its response, the Central Valley California Regional Water Quality Control Board notes that the map presented by the developer of effluent spray field areas "is not of the scale to definitively show the individual areas and was not intended to indicate that any of the wells on the property would be within the spray field areas." The responsibility of verification that the YACSD wells not be contaminated by effluent was deferred to a future Title 22 Use Area Management Plan. "Connection of the aquifers is deemed likely" (RWQCB, 2007). Degradation of the aquifer is assumed (RWQCB, 2007). Because of the lack of documentation concerning the construction of the YACSD wells, an adverse impact of treated effluent on those wells was "unlikely" (RWQCB, 2007 , paragraph 4). Groundwater or surface water "should not be unreasonably degraded," (RWQCB 2007, ). In their statement of overriding considerations, the Mariposa BOS found that not all of the project's environmental impacts can be mitigated, but that the project will generate "substantial revenues" (2003 Attachment C). Environmental degradation is apparently acceptable when none of the persons with authority concerning the development plans for the SilverTip project will have to live with the degradation of their own drinking water.
F11 Page 37
MCCGJ believes there have been Brown Act F11. The YACSD BOD has adhered to the Brown Act. violations by the YACSD BOD. The MCCGJ report has not presented evidence of Brown Act violations.
F12 Page 37
Comprehensive water testing has not been done F12. This is a misleading statement implying that the since 2002. YACSD is out of compliance. The MCCGJ report itself affirms that the YACSD is in compliance with water testing regulations (2021, , paragraph 3). MCCGJ 2021-2022 Final Report Findings Response
F13 Page 38
YACSD bylaws state that they do not follow the F13. The YACSD bylaws were thoughtfully composed letter of the law. and reviewed by Counsel. Over the past 20 years at least 8 different persons have served on the BOD. Their lengths of service have varied. Some terms have overlapped and others have not. The notion that this variable group of persons crafted a document to be deceptive with an intent to violate laws is illogical.
F14 Page 38
YACSD is so small they are unable to staff all F14. The BOD will investigate contracting with a positions as required by state law. manager as part of the 2022-2023 and 2023-2024 budgeting process, which will be completed by June 30, 2022.
F15 Page 38
The district's bookkeeping and confidential F15. Records have been backed up on a thumb drive. records are kept on a personal computer. The BOD is investigating the purchase of cloud-based software on which to store records. A decision will be made at the regular scheduled BOD meeting on December 4, 2021. The purchase of a designated computer seems infeasible as there is no district office and records must be accessed by more than one person.
F16 Page 38
The current District 5 Board Supervisor has never F16. All YACSD BOD meetings are legally noticed. been invited to nor attended a YACSD BOD meeting. With the exception of legally noticed closed sessions, they have always been open to all members of the public. While it is not the responsibility of the YACSD BOD to assure that a member of the Mariposa County BOS attends properly noted YACSD BOD meetings, a specific invitation to the current supervisor has been given, including placing him on the YACSD email list so that he receives all communications sent to YACSD customers. MCCGJ 2021-2022 Final Report

Recommendations 7