County of Alpine Board of Supervisors October 6, 2009 The Honorable Judge Richard Specchio, Presiding Judge Alpine

receive training that helps to prepare them for promotion opportunities.

Partially Agree The facility that currently houses Community Development is aged and is not an optimum facility. The County is currently effectively utilizing the space to the best ability.

Agree Discussion with the USFS is underway and the Townside Act application was completed on

Disagree December 4, 2004. Further action is limited until the USFS vacates the Guard Station location. Partially agree The USFS has relocated some of their operations to Turtle Rock Park.

management in place. Staffing is limited due to financial constraints. The former Director of Public Works is no longer employed with the County and the position has been consolidated with the position of Community Development Director. Partially Agree The Director or Public Works is no longer employed with the County. The County has latitude

with respect to issuance of permits for County projects. Formal competitive bidding is not required for projects of less than $100,000. The County

Partially Agree complied with state law and County procedures for utilizing sole source or situations in which bidding was not used because bidding did not provide a competitive advantage for the County. CD Director has obtained engineering review of construction specifications and plans, flow test Partially Agree

and building code review by CBO. Letter to WVFD chief dated August 24, 2009 indicates actions needed to make hydrant satisfy applicable code requirements

Agree The MOU lacked detail regarding who was responsible for which scope of the project.

Implemented All legal agreements are approved during the agenda review process. Bear Valley Parents Group is properly licensed and has all permit

Agree DPW Construction Project Management Recommendations (continued on ) 2.DPW-Construction Project Management (continued)

budget of all construction projects for which the Director-DPW was responsible. This has been rectified. Discussions and legal review have been ongoing regarding this issue. An ADA assessment is Disagree

currently in progress under the direction of the Community Development Director.

buildings, plumbing repairs, bat clean up in Courthouse attic). Recruitment for part time Buildings & Grounds Senior Maintenance position authorized by BOS on 9/1/09. CD staff has continued oversight of County facilities, although with limited staff resources. CD

Partially Agree staff is also working to complete all outstanding County construction projects.

Agree The County has implemented a team approach to construction management and is using

Disagree contract construction management on large projects (ex. Hawkins Peak).

relates to purchasing. The practice of "agreement vendors" or "master agreements" will be assessed. The County does utilize governmental purchasing through CSAC for some County purchases. The analysis should be complete within 6 months. 5.County Road Crew Findings County Response Narrative Finding Based on the analysis provided by the Grand Jury, the County has the third best staffing ratio of

Disagree comparable counties for workers per mile. This includes comparison to counties with significant snow removal responsibilities (Mono, Sierra, Plumas, Siskiyou, Lassen, others)

Has not yet been implemented departments to develop a plan for fleet . replacement. It is expected that this plan will begin to be implemented concurrent with the 2010/2011 fiscal year budget.

Agree Partially Agree Due to the small size of the County, the County does not engage in large and/or frequent

purchasing requisitions. Although the County is not "currently" utilizing the lease/purchase option, the County has utilized this purchasing mechanism in the past, and is considering utilizing this option for future acquisitions.

Agree Partially Agree Disagree-The County disagrees that the single County Equipment Mechanic is well above

industry standards. No standard is referenced in the GJ report. Agree-The County agrees that there is no plan to accommodate or provide additional staffing. There are no known out-of-class assignments. Disagree

F30 Agree 6.County Fleet Operations & Mechanical Services

R21 Requires further analysis equipment within the existing County shop is unknown. Evaluation is needed before a

Disagree out of class prior to the reorganization.

Heads collaborate regarding appropriate training 8.Radon Gas Element Issue-Sheriff Department & Public Works Office Findings Narrative Finding County Response There is evidence of radon gas however the number of tests which have been completed is not

Partially agree confirmed. Disagree Testing has been conducted as noted by the Grand Jury in F34.

Recommendations Related to Finding

Agree The candidate did not have civil engineering or land surveyor qualifications, however he did Partially disagree

possess other qualifying experience and was the best fit for the position. The applicant had project management experience of large and small construction projects.

The Board of Supervisors selected the best applicant. Disagree

Partially Agree investigation. The reorganized department of Community Development is meeting the needs of the County.

Disagree The Assistant to the Board worked under a job description and employment contract.

Disagree Issues surrounding personality conflicts surfaced and were addressed. Disagree

There is no evidence or documentation to support this finding.

Disagree Unable to respond The County assumes the grand jury has this information.

Recommendations Related to Finding Narrative

Partially Agree County Counsel provided authority to the Presiding Judge who reviewed the authority regarding privacy and attorney client privileges as well as other concerns under the Brown Act. The Presiding Judge did not disagree with County Counsel's legal analysis. The Board of Supervisors has been provided Brown Act training and they do not lack knowledge regarding the Brown Act.

The BOS did not avoid the interviews but obtained the opinion of County Counsel regarding the Disagree interviews and the legal obligations of the BOS. After obtaining legal advice and information the Board members agreed to the interviews. The public exchange with the Grand Juror was not an attempt to circumvent being interviewed. One member of the Board, was not notified of the Grand Jury request for an interview and sought to obtain information from the Grand Jury member. F 55 The Board of Supervisors had legitimate concerns about the Grand Jury interview and obtained Disagree legal advice from County Counsel who properly declared and advised the Grand Jury and the Board of Supervisors regarding the conflict of interest and acknowledged his duty to represent his primary client, the Board of Supervisors. County Counsel followed statutory and ethical duties by notifying the Grand Jury that it may have to engage independent legal representation at County expense.

The Board of Supervisors had legitimate concerns about the Grand Jury interview and obtained Disagree legal advice from County Counsel who properly declared and advised the Grand Jury and the Board of Supervisors regarding the conflict of interest and acknowledged his duty to represent his primary client, the Board of Supervisors. County Counsel followed statutory and ethical duties by notifying the Grand Jury that it may have to engage independent legal representation at County expense. Recommendations Recommendation County Response Narrative Related to Finding R29 Will not be implemented The recommended training is not warranted. Training is F52-53 conducted in accordance with legal mandates. Annual training of the Brown Act will be provided by County Counsel. C-08/09-2 USFS Guard Station Relocation Investigative Report Findings Finding County Response Narrative Partially agree The County has the option to acquire the Markleeville Guard Station property, however no F1 action has been taken by the Board. F2 Partially agree The property in question is located in a floodplain and may not be suitable for facilities. F3 Agree Discussion with the USFS is underway and the Townside Act application was completed on F4 Disagree December 4, 2004. Further action is limited until the USFS vacates the Guard Station location. Partially agree The USFS has relocated some of their operations to Turtle Rock Park. F5 F6 Agree F7 Agree F8 Agree Recommendations Recommendation County Response Narrative Related to Finding This meeting is tentatively scheduled for R1 Has not yet been implemented F1 & F2 November 3, 2009. R2 The County is working with the USFS to address Has not yet been implemented F3-F6 many of the items listed in a-f. F7 & F8 R3 Has not yet been implemented A Townside Act application has already been processed by the County. The USFS is currently going through their process to obtain an appraisal of the property. Discussions with the USFS and the County will take place, as appropriate regarding consideration, if any, for the property. C-08/09-3 Bear Valley Resort Employee Issue Investigative Report Findings Finding County Response Narrative Recommendations Related to Finding Recommendation County Response Narrative R3 R3 Has Been Implemented