Napa County Grand Jury • 2011-2012

Napa County Director of Public Works/Board of Supervisors*

Published: September 13, 2011 44 pages
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Note: Missing finding numbers detected: F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26

Findings and Recommendations 15 findings

F1
LBRID's water and sewer problems were due to aging infrastructure and deferred maintenance. Response, Napa County Public Works Director: The Director of Public Works agrees with the finding.
No recommendations for this finding
F2
Between 1995 and 2010 the RWQCB issued notices of violation and a Cease and Desist Order to the LBRID Board of Directors. Response, Napa County Public Works Director: The Director of Public Works agrees with the finding.
No recommendations for this finding
F3
LBRID water and sewer rate increases have been insufficient to cover operating expenses. Response, Napa County Public Works Director: The Director of Public Works agrees with the finding.
No recommendations for this finding
F4
LBRID does not have an up-to-date Master Facilities Plan. Response, Napa County Public Works Director: The Director of Public Works disagrees with the finding. Typical master facilities plan issues have been addressed through actions and reports that are comparable in sum to a master facilities plan. Specifically, LBRID has completed 2007 needs analysis compiled by Winzler & Kelly Consulting Engineers which identified future improvements and proposed an assessment for each parcel of land within the Assessment District. This report was used to support a successful bond issuance which has been used to fund needed system improvements. In addition, LBRID has a Sanitary Sewer Management Plan (SSMP) as required by the Waste Discharge Requirements and has entered into an agreement with an environmental engineering consultant to prepare an Inflow/Infiltration Capacity Evaluation Report and a Wastewater Facilities Improvement Plan, both to be completed in September 2011.
Related Recommendations (2)
R2
Board of Supervisors authorizes the County Public Works Director to prepare a Master Facilities Plan with a timeline and cost analysis for future infrastructure, maintenance and replacement plans. Response, Director of Public Works: The recommendation has been implemented. On November 9, 2010, the Board of Supervisors approved an agreement with an environmental engineering consultant to prepare an Inflow-Infiltration Capacity Evaluation Report and a Wastewater Facilities Improvement Plan. These reports will address the challenges currently faced by LBRID and will be completed in September 2011. Response, Board of Supervisors: The Board of Supervisors concurs with the response and explanation of the Director of Public Works.
R3
County Public Works presents the newly formulated Master Facilities Plan to the property owners and the LBRID Board of Directors. Response, Director of Public Works: The recommendation has not been implemented but will be implemented in the future. When the reports described in Finding 4 and Recommendation 2 are complete, the will be presented to the LBRID governing board and the property owners.
F5
SHIPPY ままひ 不得のなむ ALVERTA CHEN DE ANE ESTADE the but save 多利性的利益的 EXHIBIT A BOUNDARY DESCRIPTION LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT (A Resort Improvement District) All that real property situated in the County of Mapa, State of California, being a portion of Township 10 North, Range 5 West, M.D.B.&M., described as follows: In Section 10: East half of Southeast quarter. In Section 14: West half of Northwest quarter: West half of Southwest quarter; that portion of the Southeast quarter of the Southwest quarter lying South- westerly of the natural center line of Putah Creek. In Section 15: East half of East half; West Half of Southeast quarter; Southeast quarter of Southwest quarter; Southwest quarter of the Southwest quarter. In Section 22: Northeast quarter of Northwest quarter; Northwest quarter of Northeast quarter; North- east quarter of Northeast quarter; West half of the West half. East half of the Southwest quarter; the Southeast quarter of the Northwest quarter; the Southwest guarter of the Northbest guarter; West half of the Southeast quarter; the Southeast quarter of the Northeast quarter; North half of the Northeast quarter of the Southeast quarter. In Section 23: Northwest quarter of Northwest quarter; that portion of the Northwest quarter of the Mortheast quarter and the Mortheast quarter of the Northwest quarter lying Southerly of the natural center line of Putah Creek; East half of Southeast quarter; that portion of Lot I and the Southeast quarter of the Northeast quarter lying Southwesterly of the natural center line of Putah Creek. In Section 24: Southwest quarter of Southeast quarter; West half of Southwest quarter; Southeast quarter of Southwest querter; that portion of Lot 4, and the South half of the Northwest quarter, the Northwest quarter of the Southeast quarter, and the Northeast quarter of the Southwest quarter, lying Southwesterly of the natural center line of Putah Creek. In Section 15: Lot 1; West half of Northeast quarter; Northwest quarter; Northwest quarter of South- west quarter. In Section 26: Northeast quarter of Southeast quarter. In Section 27: Northwest quarter of the Northwest quarter. ATTACHMENT C CERTIFIED COPY -7 BOARD OF SUPERVISORS - - - - - - - - - - - - - - - - - - - COUNTY OF NAPA, STATE OF CALIFORNIA - E. M. HEALAS RESOLUTION NO. 65-34 RESOLUTION ESTABLISHING BOUNDARIES OF AND ESTABLISHING PROPOSED LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT, A RESORT IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the County of Napa, State of California, adopted its Resolution No. 65-21, making certain findings and declaring its intention to establish proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT and fixed Tuesday, March 23, 1965, at 2:30 P.M., at the County Courthouse, Napa, California, as the time and place for the public hearing thereon, and WHEREAS, notice of said hearing containing (a) the text of the resolution, (b) the time and place for the hearing, and (c) a statement that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing or specified types of services will be heard, was duly published, pursuant to Section 6061 of the Government Code, in The Napa Register, a newspaper of general circulation published in the County of Napa and circulated within said proposed district, on March , 1965, said publication having been completed at least seven days before the date of said harring. MOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY of Napa, State of California, Does Herbey Resolve, Determine and ORDER AS FOLLOWS:
No recommendations for this finding
F6
The boundaries of said district are hereby finally determined and established to be as set forth on the map and description of said district on file with said County Clerk.
No recommendations for this finding
F7
This Board of Supervisors shall be the governing body of the district until otherwise determined as provided by law." Said LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT is hereby established subject to the approval of the voters as provided in Section 13030 of the Public Resources Code of the State of California." September 13, 2011 The Honorable Diane M. Price, Presiding Judge Napa County Superior Court
No recommendations for this finding
F8
The said district may acquire, construct, maintain and operate property, works and facilities for any one or more of the following purposes: (a) To supply the inhabitants of the district with water for demostic use, irrigation, sonitation, industrial use, fire protection and recreation. (b) The collection, treatment or disposal of sewage, waste and storm water of the district and its inhabitants. (c) Protection against fire. (d) Comprehensive planning for the physical growth of the area within the district. (a) The collection or disposal of garbage or refuse mattor, (f) Public recreation by means of parks, including but not limited to aquatic parks and recreational harbors, playgrounds, golf courses, swimming pools or recreation bulldings for all-year recreation, including but not limited to facilities for public and private mostings and other public squares and places. (g) Street lighting. (h) Mosquito abatement. (1) The equipment and maintenance of a police depart- ment or other police protection to protect and safeguard life and property. (j) The opening, widening, extending, straightening, and suffecing, in whole or part of any street in such district, subject to the consent of the State Department of Public Works, with respect to State highways, and local authorities as defined in Section 365 of the Vehicle Code, with respect to highways under their jurisdiction. (%) The construction and improvement of bridges, culverts, curbs, gutters, drains, and works incidental to the purposes specified in subdivision (j), subject to the consent of the State Department of Public Works, with respect to State high- ways, and local authorities as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction. (1) The construction and maintenance of parking facilities and other transportation facilities.
No recommendations for this finding
F9
Said LAME BERRYESSA RESORT IMPROVEMENT DISTRICT is hereby established subject to the approval of the voters as pro- vided in Section 13030 of the Public Resources Code of the State of California. PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS on this 23rd day of March, 1965, by the following vote: AYES: Supervisora ANDERSEN, CLARK and CAIOCCA NOES: NONE ABSENT OR NOT VOTING: DICKENSON and FERGUSON (SEAL) JULIUS CAIOCCA, JR. Chairman of the Board of Supervisors of the County of Napa attest: Clerk of Said Board тия полисовки правинали в в совивает сору OF THE OMGINAL ON FILE IN THIS OFFICE COLUMN OF THE GOLMO CALIFORNIE MAPA STATE OF
No recommendations for this finding
F10
By their actions the Board of Supervisors formed a Board of Directors for LBRID within the meaning of CPRC 13032. Response, Board of Supervisors: The Board of Supervisors disagrees with this finding. As is identified in the responses prepared by the Lake Berryessa Resort Improvement District (LBRID) governing board, LBRID was properly formed in conformance with state law in 1965. At that time, Public Resource Code 13030 stated in part: "Proceedings for the establishment of a district shall be instituted and conducted as nearly as may be practicable, in the same manner as is prescribed by Article 2 (commencing with Section 25210.10), Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code ..." This was followed and on February 16, 1965, the Board of Supervisors adopted Resolution No. 65-21. The Board of Supervisors wishes to incorporate by reference the response and full explanation of the LBRID governing board.
No recommendations for this finding
F11
The composition of the LBRID Board of Directors is not in compliance with CPRC 13034, since the members are not elected by the residents of the District. Response, Board of Supervisors: The Board of Supervisors disagrees with this finding and incorporates by reference the response of the LBRID governing board.
Related Recommendations (1)
R5
Board of Supervisors brings the composition of the LBRID Board of Directors into compliance with State law through the election of least four members who reside in the District to replace the four supervisors who do not reside in the District. Response, Board of Supervisors: This recommendation will not be implemented. The Board of Supervisors incorporates by reference the LBRID governing board's response to Finding Nos. 10, 11, and 12. The composition of the LBRID governing board is in compliance with State law. If the residents of LBRID would like to approach the LAFCO to initiate a change from a dependent to independent District the Board of Supervisors will support that request.
F12
The LBRID Board of Directors has no legal existence. Response, Board of Supervisors: The Board of Supervisors disagrees with this response and incorporates by reference the response of the LBRID governing board.
Related Recommendations (1)
R6
Board of Supervisors passes a formal resolution forming a Board of Directors for LBRID. Response, Board of Supervisors: This recommendation was implemented in 1965 by Resolution No. 65-21. The Board of Supervisors concurs with the response and explanation of the LBRID governing board and incorporates by reference its response to Finding No. F12.
F13
Since the LBRID Board of Directors does not legally exist, meetings and resolutions in its name can be legally challenged on that ground. Response, Board of Supervisors: The Board of Supervisors disagrees with this finding. As mandated by Resort Improvement District law, the County Board of Supervisors is the governing board of the District. (Pub. Res. Code § 13031.) As more fully set forth in the responses to Finding Nos. F10, 11 and 12, the Napa County Board of Supervisors formed LBRID and established itself as the governing body.
No recommendations for this finding
F14
The Board of Supervisors causes public confusion by acting in the name of a board of directors that has no formal legal foundation. Response, Board of Supervisors: The Board of Supervisors disagrees with this finding and incorporates by reference the LBRID governing board's response to Finding No. 11. As stated in that response, the LBRID governing board has referred to itself using the terms "Directors" or "Board of Directors" for the purpose of delineating LBRID business from County business. This is consistent with the general use of the term Directors or Board of Directors when the Board of Supervisors conducts business on behalf of other dependent special districts. Over the years, both the County and LBRID have carefully taken actions to ensure LBRID function as a separate and independent legal entity from the County in accordance with the provisions of the Public Resource Code. The LBRID governing board holds its public meetings separately from the County Board of Supervisors. LBRID has its separate, independent legal counsel and its own financial budgets, which undergo different annual reviews and audits from the County's budget.
Related Recommendations (1)
R7
Board of Supervisors ceases meeting and acting in the name of the LBRID Board of Directors. Response, Board of Supervisors: The recommendation will not be implemented because it is not warranted. LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT DISTRICT ENGINEER DONALD G. RIDENHOUR, P.E. September 13, 2011 The Honorable Diane M. Price Presiding Judge Napa County Superior Court 825 Brown Street Napa, CA 94559 Response to the Grand Jury 2010-2011 Final Report on Napa County SUBJECT: Lake Berryessa Resort Improvement District Judge Price: The Lake Berryessa Resort Improvement District (LBRID) has reviewed the findings and recommendations contained in the 2010-2011 Final Report. The Grand Jury is to be commended for its work on behalf of the citizens of Napa County. This letter is intended to respond to
F27
PUTY. . . . . ATTACHMENT D BOARD OF SUPERVISORS COUNTY OF NAPA, STATE OF CALIFORNIA RESOLUTION NO. 65-35 RESOLUTION CALLING AND PROVIDING FOR AN ELECTION TO BE HELD ON TUESDAY, APRIL 27, 1965, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF PROPOSED LAKE BERRYESSA RESORT INPROVEMENT DISTRICT IN NAPA COUNTY A MEASURE TO DETERMINE WHETHER OR NOT SAID DISTRICT SHALL BE FORMED; PRESCRIBING THE MANNER OF HOLDING SAID ELECTION AND OF VOTING, THE FORM OF BALLOT TO BE USED; DESIG- NATING PRECINCT, POLLING PLACE AND ELECTION BOARD THEREFOR; AND PROVIDING FOR THE FIXING OF NOTICE THEREOF. WHEREAS, the Board of Supervisors in its Resolution No. 65-3h ____, adopted March 23, 1965, determined that the pro- posed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT should be established in Napa County, California, and fixed and described the boundaries chereof: and WHEREAS, pursuant to Section 13030 of the Public kesources Code, this Board of Supervisors desires to call a special election for the purpose of submitting to the qualified votirs of said proposed district the question of whether or not said district shall be formed; NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF NAFA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. A special election is hereby called and ordered to be held in said proposed district on Tuesday, April 27, 1965, for the purpose of submitting to the qualified voters of said proposed district a measure to determine whether said pro- posed district shall be formed. Section 2. Said measure to be submitted to the voters as aforesaid is as follows: MEASURE: Shall Resolution No. & Adopted March 23, 1965, by the Board of Supervisors of Napa County, State of California establishing proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT be approved. Section 3. This Board of Supervisors hereby submits to the qualified voters of said proposed district at said special election said measure set forth in Section 5 of this Resolution and designates and refers to said measure as the form of measure to be set forth on the ballots to be used at said election. (a) Said special district election shall be held and conducted, the votes thereat canvassed, the returns thereof made, and the result thereof ascertained and determined as herein pro- vided; and in all particulars not prescribed by this Resolution said election shall be held as provided for in the Resort Improve- ment District Law and in all particulars not provided for therein said election shall be held in accordance with the law governing special county elections in the State of California. (b) All qualified voters within the proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT shall be qualified to vote upon the measure submitted at said special formation election. A qualified voter means an owner of land within said district, as shown on the last equalized assessment roll of Napa County, or the officer appointed therefor by the Board of Directors of a corpora- tion owner, or the legal representative of the owner, including one joint tenant or one tenant in common. "Legal representative" means an officer or other person or persons appointed to serve as such by the Board of Directors of a corporation owner. (e) Each voter shall have one vote and will have one additional vote for each five thousand dollars ($5,000) of assessed valuation of the land and improvements owned by him in said district as shown on the last equalized county assessment roll of Napa County. . . . . . . . . . . . . . . . . . . . . The polls for said election shall be opened at (b) eight o'clock A.M. (Cal. P.S.T.) of said day of election and shall remain open continuously from said time until seven o'clock P.M. (Cal. P.S.T.) of said day, when said polls shall be closed. The ballots to be used at said special district (e) formation election shall be substantially in the following form, to wit: (This number shall be MARK CROSS (X) ON BALLOT ONLY No. WITH RUBBER STAMP; NEVER WITH torn off by the Inspector and handed PEN OR PENCIL. to the voter) ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR No. PENCIL. (Fold ballot to this perfor- ated line, leaving top margin exposed) OFFICIAL BALLOT SPECIAL DISTRICT FORMATION ELECTION :PROPOSED LAKE BERRYESSA RESORT IMPROVAMENT DISTRICT NAPA COUNTY, STATE OF CALIFORNIA INSTRUCTIONS TO VOTERS: To vote on any measure, stamp a cross (X) in the voting square : after the word "YES" or after the word "NO." All marks : except the cross (X) are forbidden. All distinguishing : marks or erasures are forbidden and make the ballot void. : If you wrongly stamp, tear or deface this ballot, return : it to the Inspector of Election and obtain another. On absent voter ballots mark a cross (x) with pen or pencil. MEASURE(S) SUBMITTED TO VOTE OF THE VOTERS 65-34 Shall Resolution No. MEASURE: adopted March 23, 1965, by the Board of Supervisors of Napa County, State YES of California, establishing proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT be : NO approved. (f) Each voter to vote for the measure hereby submitted shall stamp a cross (X) in the blank space opposite the word "YES" on the ballot to the right of the measure, and to vote against such measure shall stamp a cross (X) in the blank space opposite the word "NO" on the ballot to the right of the measure. A cross (X) stamped in the voting square after the word "YES" shall be counted in favor of the adoption of such measure, and a cross (X) stamped in the voting square after the word "NO" shall be counted against the adoption of such measure. (g) The returns of said election shall be made out and signed by the election officers and deposited with the Clerk of the Board of supervisors, County of Napa, and said Board of Supervisors shall meet at its usual place of meeting at its next regular meeting following said election to canvass the election returns and declare the results thereof. Section 4. The precinct and polling place for said special district election shall be as designated and appointed in the notice of said election hereinafter set forth. The election board which will serve at said polling place in said precinct is as follows: SPECIAL PRECINCT "A" Inspector: Edwin G. Cooppion John M. Roos Judge: Clerk: Robert Roos Clerk: Henry N. Kuechler Section 5. Notice of said special district election shall be as follows: NOTICE OF SPECIAL DISTRICT FORMATION ELECTION PROPOSED LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT. A RESORT IMPROVEMENT DISTRICT, NAPA COUNTY NOTICE IS HEREBY GIVEN TO the qualified voters of pro- posed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT of Napa County, State of California, that in accordance with law a special district . . . TUESDAY, April 27, 1965 between the hours of eight o'clock A.M. (Cal. P.S.T.) and seven o'clock P.M. (Cal. P.S.T.) during which period and between which hours the polls shall remain open, at which election there will be submitted the question of whether said proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT shall be formed as set forth in the following measure, to wit: MEASURE: Shall Resolution No. 65-3-4, adopted March 23, 1965, by the Board of Supervisors of Napa County, State of California, establishing proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT be approved. For the purpose of holding said election, said proposed district shall be consolidated into a portion of a general State and County election precinct which now includes the areas within said district as hereinafter provided, to wit: The general election precinct hereinafter designated by name or by name and number is part of an election precinct as now established of record by the Board of Supervisors of Napa County, State of Californis, for the general State and County election purposes within the boundaries of said district named and numbered and designated for general election purposes by said Board of Supervisors. Said election precinct and the polling place therein is and shall be as hereinafter set forth, to wit: SPECIAL PRECINCT "A" Comprising a portion of the Napa County precinct Monticello which is within the bound- aries of the proposed LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT. Polling Place: Paul Carlisle residence, Stage Coach Canyon Road, Napa County Any qualified voter of proposed LAKE BERRYASSA RESORT IMPROVENENT DISTRICT may vote at said special district formation . . . . . . . . . . . . . . . . . . . . . - -. - . to be absent from the district on election day, or will be unable to vote by reason of physical disability, or will be unable to go to his polling place because the tenets of his religion prevent him from doing so throughout the day of election, he may apply in person or by mail for an absent voter's ballot at the office of the County Clerk, County of Napa, Napa, California. L.TaD: Maron 23, 1905 BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA JULIUS CAIGCCA, JT. Section 6. The County Clerk is hereby directed to cause this resolution to be published once a week for two (2) successive weeks before said special district formation election in THE NAPPA REGISTER, a newspaper of general circulation in said proposed district, and said Clerk is hereby further directed to mail anotice of appointment to each election officer, and to mail a notice of politing place and sample ballot to each qualified voter of said proposed district. Section 7. This resolution shall take effect immediately. PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS OF NAPA COUNTY THIS 23rd day of March, 1965, by the following vote: ANDERSEN, CLARK and CAIOCCA AYES: Supervisors NONE NCES: DICKENSON and FERGUSON ABSENT: Chairman of the Board of Supervisors County of Napa, California (SEAL) ATTEST: 1 6 C CLERK of said Board. ATTACHMENT E MENTICO COPY BOARD OF SUPERVISORS COUNTY OF NAPA, STATE OF CALIFORNIA 65-55 MAY 1 1 19hb RESCLUTION NO. - CRESOLUTION DECLARING RESULT OF FORMATION ELECTION LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT WHEREAS, pursuant to Section 13,030 of the Public Resources Code, the Board of Supervisors of the County of Mapa, in its Resolution No. 65-35, adopted March 23, 1965, called a special election to be held April 27, 1965, for the purpose of submitting to the qualified voters of the proposed Lake Berryessa Resort Improvement District, the proposition of whether the resolution of this Board, No. 15. 34, adopted March 23, 1965, establishing said district, should be approved, and WHEREAS, notice of said election was duly given in the manner and form required by law, by publishing said notice of election calling said election and setting forth the time, manner and place of voting, and all the necessary matters in the Mapa Register, a newspaper printed in Nepa County and of general circulation in said proposed district on and WHEREAS, additional notice of said election was given by posting a notice of election in three public places in said district and by mailing postage prepaid to all qualified voters in said district sample ballots and polling place cards in the manner, form and time required by law, and WHEREAS, said election was duly held on Tuesday, April 27, 1965, and was conducted in all respects as required by law, മാദ് WHEREAS, said Board of Supervisors has canvassed all the returns of said election, including absent voter ballots and determined the result of said election to be as follows: t deserve d The whole number of votes cast in said election l. 7 was The only measure or matter voted on in said election
No recommendations for this finding

Additional Recommendations 3

These recommendations are not explicitly linked to specific findings.

* 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.