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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.

Lake County Grand Jury • 2012-2013

Red = Human population Green = Wetland Acreage Grey = Hitch Population

Published: June 30, 2013 237 pages Consolidated Report
View PDF View Full Original

Findings and Recommendations 25 findings

F1
The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports.
Related Recommendations (2)
R1
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses:  Konocti Conservation Camp #27 (60 days)  CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R6
The County Committee convenes one or more public hearings to gauge the electorate support for such unification/consolidation pursuant to Education Code Section 35700(a) and 35721(a). (F1) Request for Responses:  County Commission for School District Organization (60 days)  LCOE Superintendent of Schools (60 days)  All Lake County School Districts Boards of Trustees (60 days)  Lake County Board of Supervisors (90 days) 147 Bibliography: “Progress of the Lake County School District Reorganization Feasibility Report”, Lake County Civil Grand Jury, Final Report June 30, 2012, pp111-113 “Twin Rivers Unified School District Police Department”, Sacramento County Grand Jury, Final Report 2011-2012,pp 46-93 “Lake County School District Reorganization Feasibility Report” Lake County Board of Supervisors Resolution 2009-15, October 14, 2009 Escondido Union School District Unification Study, March 8, 2011 “Achieving School District Efficiency Through Consolidation”, 2009-2010 Santa Clara County Civil Grand Jury Report Informational Websites For further information please see: Santa Clara Report URL www.scscourt.org/court_divisions/civilian/gj/2010/SchoolDistrictConsolidation.pdf Escondido report URL www.eusd4kids.org/10-11_Budget/030811EUSD_final_report-838.pdf Twin Rivers Sacramento Unification http://www.asbj.com/TopicsArchive/TwinRiversUnification 148
F2
Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits.
Related Recommendations (1)
R3
The date as well as the time be included on the Notice left at the residence. (F2)
F3
The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas.
Related Recommendations (2)
R2
Further Lake County Grand Juries investigate the financial aspects of the aforementioned JPAs. (F3) Request for Responses:  County Counsel (90 days)  Board of Supervisors (90 days) 10 Resources Name Information time period encompassed: Area Agency on Aging 2012 California Association of Joint Powers Authorities 2010 (CAPJA) California Debt & Investment Advisory Commission 2012 (CDIAC) California Secretary of State, Program Analyst 2012-2013 California State Controller 2012-2013 California State Legislature 2007 Senate to Local Government Committee Report California Statewide Communities Development 2012 Authority (CSCDA) Clearlake Advisory Committee 2012 Count of Lake website 2012 Lake County Clerk’s Office 1972-2010 Lake County/City Area Planning Council 2013 Lake County Civil Grand Jury Report 2011-2012 Lake County Superior Court JPA Listing 2012 North Central Counties Consortorium website 2012 Public Agency Risk Sharing Authority of California 2010 (PARSAC) State of California/Secretary of State website 2012 The Essential Public Information Center 2012 Workforce Investment Area NAPA-LAKE 2012 11 BLANK Budget and Finance Committee  Complaints C-22 Clearlake Oaks County Water District H-2 Hidden Valley Lake Community Service District  Oversights Special Districts – Water Water Everywhere 13 Clearlake Oaks County Water District Complaint C-22 Summary: The 2012-2013 Lake County Civil Grand Jury (LCGJ) received a complaint concerning the policies and procedures of the Clearlake Oaks County Water District (District) relative to billing and water shut-off practices. After acceptance of the complaint, it was assigned to the Budget and Finance Committee (BFC) for investigation and resolution. It was determined the complaint was unwarranted because proper procedures were followed by the District regarding the resolution of a leak on a residential property. Background: The complainant alleged that the District left a notice at an unspecified date in July of 2012 alerting him that a water leak of .5cfm (cubic feet per minute) had been detected. A second notice was left regarding the leak informing him that the water had been turned off and stated that only the District had authority to turn the water back on. The complainant stated that he and a friend repaired the leak and turned the water back on themselves. He stated his reason for doing the repair himself on a Sunday was because his disabled step-daughter needed access to the water service. The complainant later received a notice that his bill would be larger due to the leak. He stated he was required to sign a Payment Agreement for the following months or his meter would be removed and the bill turned over to the District Attorney’s office. The homeowner maintained that his water usage during the term of the leak was miscalculated by the District resulting in an exorbitant bill. Procedure: After review by the BFC of the complaint and attached documentation thereto, it was determined that a site visit to the offices of the District was appropriate. The committee met with two members of the District Board of Directors and the Administrative Assistant on November 2, 2012 at 2pm in the District board room. Discussion and Facts: Timeline of the actions surrounding the complaint: 1. 7/23/12: As a result of the meter reading showing excessive consumption of water, the District tried to contact someone at the residence. The crew received no answer to their knocks and since it appeared that no one was at home they left a notice stating that there appeared to be a leak on the premises and to call if there were any questions. The notice stated the leak was flowing at a rate of .5cfm. There was no date on the notice explaining when the crew was at the property. No Specific Date noted: At some point between 7/23/12 and 7/30/12, the customer went into the District offices to question his bill. In order to facilitate payment of the back charges, the District Administrative Assistant told the complainant that he needed to sign a Payment Agreement. 7/30/12: A District Payment Agreement was drawn up and signed by the customer. District personnel suggested the homeowner hire a plumber to fix the leak. The customer stated he could not afford a plumber. 8/8/12: The leak appeared to go unrepaired, so a District crew returned to the property. No one answered the door, so a second notice was left notifying the homeowner that they were shutting off the water because of continuing excessive amount of water being consumed. 8/10/12: A District crew returned to the property. They were unable to contact anyone at the home. There was no current phone number in the District files so they were unable to confirm that anyone was in residence and were unable to contact the homeowner. However, they did find that the shut-off tags had been tampered with and the water service turned back on. 8/20/12: A letter was sent to the customer regarding the failure to fix the leak and the water valve having been turned on by an unauthorized party. 8/28/12: A second Payment Agreement was drawn up to modify the Payment Agreement of 7/30/12 based on the additional water consumption and the fact that the homeowner said he could not pay the full amount of the bill. The second agreement established a payment schedule the homeowner felt he could afford. 11/02/12: According to District records, the customer is up to date on his agreed upon payments. 15 2. The District has no written policies or procedures that determine under what circumstances the water service will be turned off. According to the Board, the decision to shut off water service is determined on a case by case basis. 3. During the period of July 12, 2012 through August 10, 2012 the District observed that the excessive use of water continued. The District attributed this to the homeowner not having the leak repaired. 4. The District was unable to contact the homeowner in order to determine whether there was anyone living at the location as there was no current phone number on file. 5. At no time was the District able to confirm that there was anyone in residence since no one was answering the door. If it is determined that the residence is occupied, the District must notify the Building Department before the water service is shut off. If the property is unoccupied, the District is authorized to discontinue service. 6. The homeowner wrote in his complaint, “I was told to sign a new payment agreement for the $950 or the meter would be removed and the bill would be turned over to the District Attorney’s office for collection since it exceeds $400.” However, when questioned, the District stated meter removal is a last resort. If they are unable to resolve payment issues the account is turned over to a collection agency. The District does not refer any accounts to the District Attorney’s office. 7. The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings:
R4
The District Board of Directors establish a policy requiring that a contact phone number be obtained for each account. The application would state that the customer is responsible for updating this information as necessary. (F3) Request for Responses:  Clearlake Oaks County Water District (60 days) 17 BLANK HIDDEN VALLEY LAKE COMMUNITY SERVICE DISTRICT Complaint #H-2 Summary: The Budget and Finance Committee investigated a complaint which claimed that Hidden Valley Lake Community Service District (District) falsified wording for a bond issue passed in 1995. The District administration does not agree with the claim. The bond in question has been paid off. The committee found that the complainant was unavailable to substantiate the claim and therefore the complaint appears to be without merit. Background: The 2011-2012 Lake County Grand Jury received a complaint on 5/3/12 and it was held over for the 2012-2013 Grand Jury due to the lateness of receipt. The complaint was assigned to the Budget and Finance Committee. The complainant stated that when the District proposed financing for upgrading the sewer and water services in 1995, the individual property owners were told that as new properties were developed their rates would be reduced. Rates in 1995 were $380.00 per developed parcel per year. The complainant stated that the assessment rate has never decreased even though the number of developed properties has tripled. Procedure: Members of the committee read the complaint and found no paperwork to substantiate the claim as indicated in the letter attached to the complaint. Members of the committee tried to contact the complainant, but his phone had been disconnected. Due to the missing documentation the committee contacted the District to review the information on the bond passed in 1995. Discussion and Facts: 1. The District contact stated that during the term of the bond, as each new parcel was developed, the assessment went to paying down the bond balance. 2. The District contact stated they did not inform homeowners that their assessments would be reduced when new properties were developed. 3. The bond in question has been paid off by the District. Findings:
F4
The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future.
Related Recommendations (2)
R1
Increase public knowledge of the Camp and its positive impact on the community and the State of California as a whole. (F1, F4) Request for Responses:  Konocti Conservation Camp #27 (60 days)  CAL-FIRE (90 days) 3 BLANK Joint Powers Authority Summary: Public agencies have been working together via the signing of agreements for the last 92 years. Such agreements may function under 35 different titles including but not limited to: alliance, consortium, council, district, organization, source, system, trust and zone. Regardless of title, all such agencies operate under the legal authority granted from state law, the Joint Exercise of Powers Act, formally named as such in the year 2000 (AB 1350, Local Government Committee) which allows this pooling of resources in an effort to deliver services, build facilities and establish programs, thus addressing the needs of a community – especially where the community crosses boundaries. However, not all of these agreements create Joint Powers Authorities even though they all use the acronym of JPA. Joint Powers Authorities are legally independent entities from their separate government organizations where as a joint powers agreement describes the collaborative relationship of the agencies that are parties to it. Research indicates that JPAs function with little public knowledge of their existence or knowledge coupled with lack of interest by the taxpayer. Therefore, and for the purpose of this report, only Joint Power Authorities are discussed as only these are the separate legal entities in need of individual oversight and all
R5
Inform the community as to who their representative patrol officers are. (F4) Request for Responses:  Clearlake Police Department (90 days)  City of Clearlake (90 days) 95 96 97 98 99 100 101 BLANK County of Lake Courthouse Holding Facility Oversight Summary: The Public Safety Committee of the Lake County Civil Grand Jury performed a mandatory oversight of the courthouse holding facility at 255 North Forbes Street in Lakeport, California. Background: All Civil Grand Juries of California are mandated to inquire into the conditions of all of the detention/holding facilities within the boundaries of the county annually. Procedure: On November 13, 2012 the committee conducted an oversight of the County of Lake Courthouse Holding Facility. Jail command staff, two County of Lake Information Technology (IT) staff and two transport correctional officers were interviewed at length. An inspection of the facility followed. Discussion and Facts: On August 6, 2012 Superior Court Department IV of the County of Lake was relocated from South Lake Court in Clearlake to the main courthouse in Lakeport. The two IT staff were in the process of installing nine cameras in the holding facility. Audio has been installed in one area and staff are hoping to expand into all areas where the cameras are installed. IT has been working for the past two weeks and the project is nearing completion. The cameras will enable the officer’s in charge of the inmates awaiting trial to better observe their behavior and attitude. 1. Due to the amount of inmates that appear each day at the Courthouse it is necessary for the jail to retain the inmates who have afternoon court appearances at Hill Road Correctional Facility until after lunch. 2. Each courtroom holds up to eleven inmates with one correctional officer. 103 3. Each inmate transported wears ankle chains and waist chains with handcuffs during transport. 4. According to a transport officer there have been no escape attempts from the Holding Facility or during transport in the past twelve years. 5. The Sheriff’s Department has purchased four new prisoner transportation vans. The new vans are longer and hold more inmates than the old vans. They are also safer as they are partitioned to segregate high-risk inmates from the general population. During loading and unloading of prisoners in the sally port the length of the new vans prohibit the ability to lower the security gate. 6. Transportation officers must have jail experience to promote to the Transportation Division. Six weeks on-the-job training with two different transportation officers and the transportation sergeant is also required. 7. A transport officer who is assigned to the holding cell must lock and unlock a cell door fifty to one hundred times per day. The large, heavy cell door key is turned one hundred eighty degrees each time it is used. This causes serious injuries to the wrists of the officers each year. At the time of the Grand Jury visit, two correctional officers were on medical leave due to wrist injuries as a result of repetitive use of the large keys to open and close the cell doors. Findings:
F5
Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. 24
No recommendations for this finding
F6
The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel.  Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually.  The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses.  The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
No recommendations for this finding
F7
The District has no written policy regarding disabled residents. However, they do have a list of agencies that may be of assistance in situations of this nature. This list is made available to their customers. Findings: F 1. The failure of the Board of Directors to have written Policies & Procedures for shutting off water, risks inconsistent actions by the District which are not explained to the customer. F 2. Although door tags were utilized, the lack of a date on the tags could result in confusion on the part of the customer. F 3. Failure to have adequate contact information of the customer risks communication failure and an inability for the District to address issues and problems in a timely manner. F 4. The failure of the Board to have a written policy for addressing disabled clients risks a decline in said client’s health and safety. F 5. In reviewing the water usage and billing documentation by the BFC, it was determined that the District calculations were correct.
No recommendations for this finding
F8
The California Fish and Wildlife Commission has initiated a year long study on the Clearlake Hitch pursuant to a petition on adding the hitch to the Endangered Species List. This may impact how lake water is utilized by the special districts. Findings: F1. The Lake County Auditor has no enforcement power to compel the independent districts to submit their reports and/or to comply with any suggestions made concerning those reports. F2. Administrative costs are duplicated in the various independent water districts for budgets, payroll and technical support. The smaller districts have limited personnel and budgets so there are instances where there are no checks and balances for financial and administrative functions as documented in several outside audits. F3. The consolidation of various districts into 3 CSA’s in the Lake County Special Districts Department demonstrates that there is an infrastructure in place for consolidation of water districts through incorporation within the three utility areas. F4. The State of California and the federal government are reviewing initiating new testing and reporting of conditions for water used in households and agriculture. This may necessitate additional reporting and expenditures in the future. F5. Based on the petition to list the Clearlake Hitch on the Endangered Species List and the Fish and Wildlife Commission’s acceptance, additional laws and regulation governing the use of lake water will be in effect according to state officials. F6. The committee calculates that with the consolidation of the ten independent districts under the county Special Districts Administration, there could be a savings of approximately $1.5 million annually. This estimate is based on budgets received from the districts, is only as valid as the information received and does not reflect any savings resulting from reduction of capital equipment and/or assignment of technical personnel.  Approximately 1% of the total annual budget of each independent district is for office service and supplies. Using that percentage, by consolidation, the savings from all districts could be $65,000 annually.  The elimination of the ten boards of directors could save $29,000 annually in salaries and expenses.  The elimination of administrative personnel in each district could save approximately $1,429,000 annually (this figure does not include the extra expenditures for employer federal and state payroll taxes and the employee benefits such as health insurance and retirement which typically amount to an additional 30% of the payroll).
No recommendations for this finding
F9
The DA’s office is in the process of contracting with Pacific Education Services, Inc. for a new adult diversion program for low-grade first-offense misdemeanors within the County of Lake which will consist of a six-hour class held on a Saturday. The goal of this program is to reduce recidivism by providing life skills. Findings: F 1. The Alternative to Community Service Program is beneficial to Lake County. F 2. While it is recognized that the DA’s office does not process the monies for the Alternative to Community Service Program, the committee is concerned that the arbitrariness and lack of transparency of not only who receives the monies, but how much each defendant pays, puts the county and the DA’s office at risk for an illusion of impropriety. F 3. For the purpose of uniformity and clarity, a policies and procedures manual needs to be completed for the assistant district attorneys.
No recommendations for this finding
F10
Smoking rates continue to be high compared to other counties and almost certainly factor strongly into cancer, cardio vascular and respiratory disease rates.
No recommendations for this finding
F11
DPH is actively pursuing solutions to public health issues in Lake County to address these conditions. Findings: F 1. Lake County has an extremely high rate of serious health issues but ranks almost at the bottom of all counties in California in addressing them. F 2. The higher number of seniors in the county combined with lower access to doctors and dentists are contributing factors to the low rankings in the report.
No recommendations for this finding
F12
A group of local organizations called The Continuum of Care conducted a Lake County homeless count, Point in Time (PIT), in January 2013. The total number of homeless persons that were found by the surveyors was 179. Of that number 26 of these were age 60 and over.
No recommendations for this finding
F13
The Grand Jury was unable to find an actual or specific outreach program that addresses the problem of seniors unaware of or unable to access services. Findings: F 1. Brochures and posters are not easily found with the above referenced phone numbers. (See fact 10 above). Lakeport Senior Center has a brochure, but it is not posted.
No recommendations for this finding
F14
In the unincorporated areas of Lake County, districts are defined as either being independent or dependent. In Lake County there are 30 independent districts (each managed by an elected board) and 15 dependent districts (managed by the county).
No recommendations for this finding
F15
The EO also facilitates certain agreements, most of which are between cities and counties.
No recommendations for this finding
F16
According to the EO some agencies are not cooperative so it takes an extended period to obtain information upon which to base reports and agreements. 66
No recommendations for this finding
F17
The EO stated he relies on colleagues to prepare MSRs and SOIs. There is not enough activity with LAFCo in Lake County to justify the expenditures of hiring an assistant EO.
No recommendations for this finding
F18
Three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake.
No recommendations for this finding
F19
Lake LAFCo has an annual budget that services a large and complex area surrounding the lake.
No recommendations for this finding
F20
The EO acknowledges that it is not uncommon to find counties and cities at odds with each other and unable to arrive at agreements for action. Findings: F 1. Since 2002 a total of 73 MSRs and SOIs have been completed, an average of six per year. Twelve are pending or not completed for various reasons. If those twelve reports are received in 2013, Lake LAFCo’s average rises to seven reports per year. [See Appendix A] F 2. Based on an analysis of Appendix A, three reports are pending revisions: Clearlake Oaks County Water District, City of Lakeport and City of Clearlake. F 3. A total of nine county entities, although listed, show no completions of MSR and SOI reports, some of which are pending resources and revisions. Those include: Adams Springs Water District, West Lake Resource Conservation District (RCD), Hidden Valley Lake CSD, Lake County Vector Control, East Lake RCD, Reclamation District #2070, Reclamation District #695, Villa Blue Estates Water District, and Lake County Water ShedProtection District. This results in 18 incomplete reports. Of those, six are pending for resources. [See Appendix A] F 4. While helping to integrate services to benefit the community, the EO’s role is crucial in determining priorities and facilitating agreements that will benefit the common good. F 5. The current City of Lakeport MSR is contentious and is an example of the need for facilitation between the City of Lakeport and the County of Lake. 67
No recommendations for this finding
F21
Not all districts use common computer software inventory control programs for tracking parts, fuel and equipment.
No recommendations for this finding
F22
The nine passenger vans are used for school functions, i.e. school competitions and sports. They are part of the “white fleet”. [See Appendix B]
No recommendations for this finding
F23
Presently, each transportation district’s personnel document their own budgetary needs, fuel consumption, mileage, requisition of equipment, etc. to their individual districts.
No recommendations for this finding
F24
The Transportation Directors indicated that several bus drivers in various districts will be retiring within the school year. They also indicated a concern that replacing these individuals will be challenging due to the complexity of the application process.
No recommendations for this finding
F25
At present none of the school buses or white fleet are equipped with Global Positioning System (GPS) transponders which would enhance transportation operations, student safety and security. Findings: F 1. The various transportation departments are doing an excellent job considering the budgetary constraints under which they operate. F 2. Each district handles purchasing according to their own needs. F 3. The procedures are fairly uniform between districts. F 4. Administrative savings could be realized with centralized Information Technology for record keeping and purchasing. This could eliminate the teaching staff, principals, et al. from being responsible for transportation needs of the students (see “The Educational and Financial Benefits Derived from the Unification of all Lake County School Districts” in the 2012-2013 Civil Grand Jury Report). F 5. The inclusion of GPS transponders allows for real-time location reporting which enhances student safety and security. F 6. Middletown bus barn security is in need of repairs
No recommendations for this finding

Additional Recommendations 19

These recommendations are not explicitly linked to specific findings.