Madera County Grand Jury • 2018-2019

2018-2019-06 City Of Chowchilla Public Works Department:Interrupted Flow*

Published: July 24, 2019 19 pages

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

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

Findings 12 findings

The MCGJ finds there are no established and consistent testing, security, or maintenance procedures in place. Response: The City and Director disagree, in part, with Finding 1. While it is true that there was no established and consistent procedures in place prior to 2017, procedures were fully established by April 2017 and are referenced in the MCGJ Report on line 126, line 191, and line 217 (Recommendation 9, which includes the date of the Policies and Procedures Manual).

The MCGJ reports the chlorine residual tests results filed with the state of California Water Resource Board were at a level of 0.3 ppm every day, for four years. Response: The City and Director agree with the finding that the chlorine test results were at a level of 0.3 ppm every day, for four years between 2013 and 2017. This was due to staff using a chlorine residual kit that used a reagent that changed the color of the water sample, which then required visual interpretation to the number that correlated closely with the color identified. Since 2017, the Director has instituted new policies, procedures and equipment to rectify this issue. Since 2017 the chlorine levels are checked with an electronic chlorine colorimeter that provides more detailed and accurate residual numbers.

The MCGJ observed chlorine residual testing kits are not readily available in each vehicle for daily testing. Response: The City and Director agree with the finding. City has taken steps to ensure the testing kit availability to the individual employee responsible for testing and has met regulatory requirements.

The MCGJ found the chlorine residual testing sample site #14 was leaking, dirty, and not secured. Response: The City and Director disagree, in part, with Finding 4. The sample site was not leaking and dirty. City is satisfied that the site location does not necessitate additional security.

The MCGJ observed during the chlorine testing procedure, the outcome was forced to produce the consistent 0.3 ppm test result. Response: The City and Director disagree with the finding. The MCGJ did not understand the testing procedure and requested that another staff member perform the procedure. Staff obliged the MCGJ and the test was conducted consistent with city policies and produced an accurate result.

The MCGJ observed the equipment door was open, not locked or secured at well site #14. Response: The City and Director disagree with the finding as the door is normally closed and locked but was opened for the MCGJ requested tour of the well site.

The MCGJ observed sample test site #14 was not secured despite a designated mesh ring feature to accommodate a lock. Response: The City and Director agree with the finding, however, there is no state or federal requirement that the sample test site is to be locked. The regulations specify minimum sampling frequencies, sampling locations, testing procedures, methods of keeping records, and frequency of reporting to the state. City secures locations based on need.

The MCGJ found from 2013-2017, the valve exercise program was not completed on a regular basis. Response: The City and Director agree with the finding. Between 2013 and 2017, the valve exercise program was not completed on a regular basis. Once staffing levels increased after 2017, the valve exercising program has been completed on a regular basis.

The MCGJ found the supporting documentation used to populate the state of California Water Resource Board report was incomplete and inaccurate including omissions of the year, number of valve rotations, and the operator's identification. Response: The City and Director disagree with the finding. The report met the regulator requirements. Years were not omitted and valve rotations and operator identification are not a component of the annual report, only the amount of valves exercised.

F10

The MCGJ found the flush line bracket leading to the catch basin at Well Site #14 was damaged, thus eliminating the existence of an air gap deemed necessary to prevent water supply system contamination. Response: The City and Director disagree with the finding. The flush line bracket leading to the catch basin at Well Site No. 14 was not damaged. The MCGJ noticed a drain line bracket to the well's water lube line was broken, which does not require an air gap.

F11

The MCGJ found no labeling of water supply or drain lines to equipment at Well Site #14. Response: The City and Director agree with the finding. However, it is not a State mandated requirement.

F12

The City of Chowchilla's Personnel Rules and Regulations as well as the Public Works Policy and Procedure Manual do not provide direction for employees dealing with water related complaints and entering private dwellings. Response: The City and Director disagree, in part, with the finding. The Public Works Policy and Procedure Manual does provide direction for employees dealing with water related complaints. There is currently no policy for entering private dwellings. The City and Director's Response to the Recommendations:

Recommendations 12

R1

The MCGJ recommends that, by September 1, 2019, the Public Works Director implement testing, security, and maintenance procedures and training be established, practiced, and documented consistent with regulatory standards. Response: As reported to the MCGJ in October 2018, this recommendation has already been completed and implemented as of April 2017.
R2

The MCGJ recommends that, by September 1, 2019, the Public Works Director implement a procedure, which accurately tests and records the daily outcome of chlorine residual tests at each sample site. Response: This recommendation has already been completed and implemented as of December 2018. For accuracy, the City now uses electronic chlorine residual testers.
R3

The MCGJ recommends that, by September 1, 2019, the Public Works Director be responsible for providing each vehicle and well site with a chlorine residual testing kit. Response: The City and Director does not feel that this recommendation is necessary. Chlorine residual sampling is a task performed by one staff member as part of a daily routine. That staff member is always equipped with necessary test kits.
R4

The MCGJ recommends that, by September 1, 2019, the Public Works Director will assure all well and sample sites are clean, repaired and secure. Response: The City routinely inspects well sample sites and addresses potential issues as needed.
R5

The MCGJ recommends that, by September 1, 2019, the Public Works Director immediately adopt and implement a Standard Operating Procedure for chlorine residual testing. Response: This recommendation has already been completed and implemented as of the April 31, 2017 Public Works Policy and Procedures Manual referenced by the MCGJ within the report, Finding 12 and Recommendation 9 and reported to the MCGJ in October 2018.
R6

The MCGJ recommends the Public Works Director immediately secure all equipment room doors at all well sites where applicable. Response: All well sites have always had perimeter fencing and locked gates. Additionally, all wells have had video cameras installed for additional security.
R7

The MCGJ recommends the Public Works Director immediately secure all sample sites to eliminate any opportunities for tampering or intrusion of the water system throughout the City. Response: This recommendation is unnecessary moot. All sample site faucets are tamper resistant, with rounded openings that do not allow connection to hoses.
R8

The MCGJ recommends that, by September 1, 2019, the Public Works Director implement and supervise monthly goals for operators who are actually performing the exercise program including logs with complete and accurate records. Response: This recommendation has already been completed and implemented, as noted to the MCGJ in October 2018.
R9

The MCGJ recommends that, by September 1, 2019, the Public Works Director implement and provide all employees with training and orientation for the adopted valve exercise form from 1999 and contained in the April 31, 2017 Public Works Policy and Procedures Manual. Response: This recommendation has already been completed and implemented, as noted to the MCGJ in October 2018.
R10

The MCGJ recommends the Public Works Director immediately direct staff to address the flush line support brackets at Well #14 to be repaired and secured, and inspect all other well sites with flush lines. Response: This recommendation has already been completed and implemented with respect to the drain release line for the well's water lube system, not a flush line as inaccurately identified by the MCGJ.
R11

The MCGJ recommends that, by September 1, 2019, the Public Works Director implement a standard color code line identification system, including labels, on all appropriate equipment and lines at all well sites. Response: The City and Director follow state requirements. Operators are trained on the purpose of the lines. The State inspects all well sites annually and does not require labeling of the lines. Additionally, there is a valid security concern in labeling the system in this way as it could potentially provide a roadmap for those (not familiar with the system) that wish to cause harm to the system.
R12

The MCGJ recommends that, by September 1, 2019, the Public Works Director develop, adopt, and implement a policy dealing with water related complaints and entering private dwellings. Response: The Public Works Department already has a written policy for dealing with water related complaints. The Public Works Policy and Procedures Manual will be amended to include entry into private dwellings. The City strives to provide quality services to the residents of Chowchilla and will continue to do so in a professional and legal manner. Sincerely, Rod Pruett, Interim City Administrator On Behalf of City Council For the City of Chowchilla Enclosures: MCGJ Information Request Log Tracker, City letter related to document requests, emails from Madera County Grand Jurors 87 8 m 51 m 임 日모집 ∞ m 291 5 4 9 1 m 0 0 0 Pages 0 27 Requested on 1/8/19 and 1/18/19 in email to Joe Roman. Joe sent to me on 1/22/19. Joe asked for darification Requested on 1/8/19 and 1/18/19 in email to Joe Roman. Joe sent to me on 1/72/19. Joe asked for darification 1/24/2019 Requested at interview on 12/18/18? Requested in email to Joe Roman on 1/7/19 and 1/18/19. Joe sent to me on 1/22/19. Provided again on 1/24/19 via dropoff at City Hall front desk. Requested again by Nina on 2/3/19.Ask for elaboration on 2/04/19 as this is a Finance question. No response from Grand Jury. Sent explanation of Provided Chapter 1 of ERP to Grand Jury at interview on 10/05/18 as requested by Nina. Requested again on 10/5/2018 11/7/19 and 1/18/19. Joe sent to me on 1/22/19. Provided again on 1/24/19 via email by Joe. Requested again on what was being requested. No response. Request sent to me by Nina on 2/3/19. I asked for clarification of 10/5/2018 | 1/7/19 and 1/18/19. Joe sent to me on 1/72/19. Provided again on 1/24/19 via email by Joe. Requested again 2/4/2019 how customer rates are determined based on City rate study on 2/4/19. Asked if this was the information she (LHMP) on 2/4/19. No response. Requested again on 3/5/19, requested darification on 3/6/19, no response PDF maps sent to Grand Jury on. Nina requested we print out large ones on 10/18/18 because they were too on what was being requested. No response. Request sent to me by Nina on 2/3/19. I asked for clarification of Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Nina requested cleanup procedures 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Provided to Grand Jury at interview on 10/05/18 as requested b Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Nina requested cleanup procedures Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Requested in email to Joe Roman on Nina called on 11/26/18 to request a tour of the new storage tank on 11/27/18 at 8:00 am. After tour, they 2/3/19. Asked for clarification, no response. Provided 2017 Madera County Local Hazard Mitgation Plan and maintenance procedures. I asked for clarification on 9/12/18. No response received, Water Ops SOP 10/5/2018| and maintenance procedures. I asked for clarification on 9/12/18. No response received, Water Ops SOP asked for a tour of Well 14 and a demonstration of chlorine residual sampling method. Staff obliged Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Requested again on 3/5/19 9/12/2018 Front desk pick up. Nina asked for darification on 9/27/18. Provided on 10/05/18 at interview what was needed and if this was similar to the Post 9/11 Handbook. No response 10/23/2018 City phone numbers and city emails only. No personal information per Joann. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. Provided to Grand Jury at interview on 10/05/18 as requested by Nina. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina.10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. included to comply. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. 10/5/2018 Provided to Grand Jury at interview on 10/05/18 as requested by Nina. 10/5/2018 Provided to Grand Jury at int received. Received response on 3/22/19. Provided ERP on 3/27/19. by Nina in separate emails to me and Mike Breashears on 2/3/19 Comments by Nina on 2/3/19. Requested again on 3/5/19 what type of handbook. No response. was requesting. No response. hard to see on a monitor. included to comply. 10/5/2018 10/5/2018 10/5/2018 10/5/2018 Date Provided 10/23/2018 11/27/2018 Date Requested 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 9/12/2018 10/18/2018 10/18/2018 11/26/2018 1/8/2019 1/8/2019 1/8/2019 2/3/2019 adnests ocess sites Grand Jury Document Re Procedure involved in the maintenance pro Large Maps of water system and sampling 5 Years of Consumer Confidence Reports Production/Inspection Logs - 2014-2018 Department Security Procedures Contact information of PW staff State Annual Reports - 5 years Well 14, 5A, and 11 Timeline Customer Complaints 2017-18 Water Line Repair Procedure Emergency Notification Plan Emergency Response Plan Drought Contingency Plan Urban Water Master Plan Valve Exercising Program Well Maintenance Logs Meter pay off plan policy BacT Sampling Site Plan Chlorination Ops Plan Tour of PW Corp yard Cleanup Procedures Post 9/11 Handbook Well Info Sheet Org Chart m 4 임 s 9 14 13 19 2 77 18 σ 11 0 0 ч 57 0 4 4 # 8 Z 136 5 8 19 ч 2003 Responded by email that this is not available. The State sends an electronic request to us in March/April to fill report by June and provide a new Consumer Confidence Report for the previous year by July 1. As a result, we Requested on 1/8/19 and 1/18/19 in email to Joe Roman. Joe sent to me on 1/22/19. Joe responded back that Total year informing customers about the quality of their drinking water. The State requires that we complete this This is not a quarterly report. It is an annual report. The U.S. Environmental Protection Agency (EPA) and the California Division of Drinking Water require all water agencies to produce an annual report on the previous requested darification on 3/6/19. No response received. Submitted chlorine residuals on 3/14/19. Received out the Annual Report electronically by June. As a result, we are unable to comply with this request at this the City has no active storage tanks and therefore, no storage tank records. Request sent to me by Nina on There is no Department specific handbook. There is a citywide employee personnel rules and regulations 5/14/2019 | Email request from Nina. Provided link to CA Title 22 requirements. Requested further clarification.5/13/2019 | Email request from Steve Kohout. Provided Revised Water Supply Permit 2014. requested clarification on 3/6/19. No response received. Provided city-owned locations. 3/14/2019 darification on 3/22/19 requesting logs from 2013-2017 requested darification on 3/6/19. No response received 3/27/2019 No logs from 2013. Provided remaining logs on 3/27/19. are unable to comply with this request at this time. 2/3/19. I provided the same response. handbook that was provided by email. 3/6/2019 emailed on 3/6/19 3/6/2019 emailed on 3/6/19 3/6/2019 emailed on 3/6/19 2/4/2019 Provided by email time. 2/4/2019 3/14/2019 3/14/2019 3/14/2019 3/14/2019 3/14/2019 3/14/2019 3/27/2019 1/8/2019 N/A 2/3/2019 2/3/2019 2/3/2019 2/3/2019 3/5/2019 3/5/2019 2/3/2019 3/5/2019 3/5/2019 3/5/2019 3/5/2019 3/5/2019 3/22/2019 5/13/2019 3/5/2019 3/5/2019 5/14/2019 3/22/2019 Specific State Requirements regarding the limits of the water syste Records of safety tallgates and training conducted within the last water storage tank at to the Drinking Water Most recent SDS sheets for all chemicals used by the division ith identification Auxiliary power supplies and plan for implementation - 2018 2018 book 2017 Consumer Confidence Quarterly Reports for Public Works Department's Employee Hand Customer complaint records from 2016 and Program for the year ending December 31, Public Work Department's employee list wi Large Water System's 2018 Annual Report Update on the status of the 750,000 gallon Dead end flushing locations and results Cross-connection control locations Storage tank recordsValve Exercise Records 2013-2018 Water Testing ProceduresResidual logs 2013-2017 Water Supply Permit Last Emergency Drill Title 22 Test Results Residual logs numbers 56 ജ 8 22 28 원용路 32 33 33 27 37 8 8 CITY OF CHOWCHILI CALIFORNI February 25, 2019 By U.S. Mail Madera County Grand Jury PO Box 534 Madera, CA 93639 Re: 2018-2019 Madera County Grand Jury – City of Chowchilla Dear Madera County Grand Jury: The purpose of this letter is to request that all future document requests related to the City of Chowchilla be directed to me. The City is committed to cooperate with the Grand Jury to the fullest and in the most efficient manner possible. As such, I have been designated as the point person for all future requests in an effort to streamline the process. To date, I am aware of thirty separate items that have been requested of the City. These requests have been difficult to track as they have been directed to various employees of the City. Nevertheless, we have produced responsive documents for twenty-four of the requests totaling over 1,500 pages. We are waiting for clarification from the Grand Jury on the remaining six items. Once such clarification is received, we will produce the remaining documents. However, the process for receiving clarification has also been somewhat time-consuming as they require communication with various Jurors. In furtherance of our efforts to streamline the process, we request that the Grand Jury also select one person to act as the facilitator for Grand Jury requests. This would allow me to have a single point person to timely respond to questions in the event clarification is needed. In selecting a potential Juror for this role, we note that Ms. Nina Zarucchi is currently a City Planning Commissioner. In certain circumstances she may have access to information as Planning Commissioner that may limit her participation in the Grand Jury inquiry. One situation is where Ms. Zarucchi is required to participate in closed session discussions related to the Planning Commission and its legal advisor. Any information obtained during closed session discussions are confidential and could impact Ms. Zarucchi's role as a Grand Juror as to any 130 S Second Street, Chowchilla, CA 93610 Telephone: (559) 665-8615 www.CityOfChowchilla.org matters discussed (see Gov. Code § 54963). As such, we suggest that an independent Juror be selected to avoid potential conflicts. Thank you for your attention to this matter and we appreciate your service to Madera County. $incerely, Jason Rogers Director of Public Works City of Chowchilla 130 S. Second St., Chowchilla, CA 93610 [email protected] ($59) 665-8615, ext. Jason Rogers From: Jason Rogers Sent: Wednesday, May 15, 2019 10:00 AM To: Steve Kohout Cc: Nina Zarucchi; Herzog, Tracy; Deb & Steve Miller; Ray Haney Subject: RE: Limits of the Water System Attachments: Revised Water Supply Permit 2014.pdf Thank you for your comment about my knowledge of our permit. However, as there was no mention or request for our permit in the initial request for information dated May 13, 2019, I attempted to answer to the best of my knowledge. Due to the vagueness of the initial request though, I requested further clarification. In an attempt to provide pertinent information in a timely manner, as requested, I provided a link to the Title 22 requirements, which list the MCLs that we are subject too, as that seemed like the information you were looking for. As stated in my previous email, and on shown on our Water Supply Permit (attached), we are "subject to the requirements of Title 22, California Code of Regulations, and to the conditions provided in the water supply permit." If you have any further questions regarding our permit, please feel free to contact me or the State Water Resources Control Board, Division of Drinking Water, Merced District Office. Please confirm receipt of this email. Jason Rogers Director of Public Works From: Steve Kohout [mailto:[email protected]] Sent: Tuesday, May 14, 2019 2:27 PM To: Jason Rogers < [email protected]> Cc: Nina Zarucchi ; Herzog, Tracy ; Deb & Steve Miller ; Ray Haney Subject: Re: Limits of the Water System This response makes me wonder if you are aware of what your limits are, your should have the knowledge or your permit, can you send us a copy of that. Thank you Steve. On Tue, May 14, 2019, 12:27 Jason Rogers < [email protected] > wrote: Good Afternoon Nina, This is to confirm receipt of your request. I am not exactly sure what is being requested though. However, the City is required to comply with the Title 22 requirements established by the State. Attached below is the link to these requirements. https://gdvt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IE6E81020D4 B911DE$879F88E8B0DAAAE&originationContext=documenttoc&transitionType=Default&contextData=(sc .Default) Please provide confirmation that you have received this email. Additionally, if this is not the information that you were requesting, please provide further clarification on your request. Cordially, Jason Rogers Director of Public Works 559-665-8615 x300 Sent from my iPhone On May 13, 2019, at 9:34 PM, Nina Zarucchi < [email protected] > wrote: Mr. Jason Rogers Director of Public Works City of Chowchilla Mr. Rogers, The Madera County Grand Jury is in need of the specific state requirements regarding the limits of the water system operated by the City of Chowchilla, including the chlorine limits. Your prompt attention to this matter is greatly appreciated. Your assistance is important as together we work to improve the quality of life for the residents of Madera County. Thank you. Nina Zarucchi-Mize Jason Rogers Mike Breashears From: Sent: Monday, February 04, 2019 11:24 AM To: Jason Rogers Fwd: Rescheduled Meeting for January 17,2019 Subject: Sent from my iPhone Begin forwarded message: From: tracy herzog Date: February 4, 2019 at 8:55:43 AM PST To: Mike Breashears < [email protected] > Subject: Re: Rescheduled Meeting for January 17,2019 Wow this dude is an idiot! Let's talk about a supeona on Wednesday! They don't get it! Tracy Sent from Yahoo Mail for iPhone On Monday, February 4, 2019, 8:40 AM, Mike Breashears < [email protected] > wrote: Good morning Nina, Please contact the City's H.R, Joann McClendon to have any documents sent. Have a great day. Respectfully, Mike Breashears Water Department City of Chowchilla Public Services Cell #(559) 647-6597 Jason Rogers From: Mike Eggert Sent: Wednesday, January 23, 2019 8:03 AM To: Jason Rogers Subject: Fwd: Grand Jury Interview Appointment Get Outlook for Android From: Nina Zarucchi Sent: Friday, January 18, 2019 4:58:52 PM To: Mike Eggert; Tracy Herzog; Deb & Steve Miller; Ray Haney; Steve Kohout; Nina Zarucchi Subject: Grand Jury Interview Appointment Mr. Eggert, Although knee surgery, either replacement or orthoscopic, may be trying, the recovery is reported to yield a decreased amount of pain and increased mobility compared to the pre-surgery condition. I assure you things will improve. Now to the concern of the 2018-2019 Madera County Grand Jury. The Grand Jury operates for a fiscal year completing tasks that includes topic research, document review, securing experience-driven input, investigation with interviews, and writing a final report. The final report cites findings resulting from the investigation. Recommendations are made in order to improve the quality of life for the residents of the county. This work must be completed by the conclusion of the fiscal year. In order to meet those deadlines, including completing the research/ investigative element, time is critical With that said, the Grand Jury is prepared to meet with you at a secure convenient location on Wednesday, Thursday or Friday afternoon of this coming week, January 23-25, 2019. The suggested dates will work best for Grand Jury as members have other Jury-related obligations as well. Thank you for your prompt attention to this matter. Nina Zarucchi-Mize Grand Juror

* 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.