Request for Proposals Submission

Recommendations 42

• R1

  Page 24
  The City of Rancho Cucamonga Redevelopment Agency followed a similar process when dealing with a piece of RDA-owned land on Foothill Boulevard adjacent to I-15. The City’s RDA partnered with Forest City and Lewis Homes, and eventually created the Victoria Gardens regional lifestyle center, which has been a huge economic success.
• R2

  Page 24
  The County of Orange Flood Control District has issued an RFQ to seek a developer who can entitle more than 1,600 acres of surplus land located in the City of Highland. The proposed process is similar to that proposed by San Bernardino County.
• R3

  Page 24
  Under Policy F-51, the County of San Diego mandates that surplus property sold by the County be zoned to its highest and best use whenever possible and whenever such zoning will materially increase the chances of selling the property for the highest price possible. This example (see ATTACHMENT IV) is very similar to the process proposed by San Bernardino County for the 1,200 acres because it involves working 23 with an incorporated City and a qualified developer to enhance the value of a piece of County-owned land through the entitlement process. The County of San Bernardino’s Surplus Real Property policy does not require the County to use an auction process. In fact, the word “auction” is not in the County’s Surplus Real Property policy. However, #6 under Policy Amplification (08-18) does state that property disposal methods shall be used to achieve the best possible return consistent with statute. In that regard, the County was following a procedure outlined by state law (G.C. 25515) for the entitlement and sale of this property. This law, which was enacted in the early 1980s, specifically states that counties can realize additional revenue from land sales by entering into joint-venture agreements to develop surplus property: G.C. 25515 The Legislature finds that counties are faced with critical revenue shortages and a need for additional revenue sources to provide basic and essential public services. The Legislature finds that counties own property which, if permitted to be developed by a joint venture agreement between private enterprise and commercial, industrial, and cultural uses, would provide a means to produce additional revenue sources for the benefit of the counties owning such property, and aid the economic well-being of the state generally. The Legislature further finds that due to reductions in personnel or programs counties own or lease properties which are totally or partially vacant but which could be used by compatible private persons, firms or corporations through lease arrangements or joint venture developments which would generate revenue. Therefore, the Legislature finds that the provisions for residential, commercial, industrial, and cultural development of public property owned by counties constitutes a valid public purpose. It is clearly in the best interest of the County and taxpayers to ensure that surplus property sold by the County brings the highest price possible. Selling potentially valuable surplus public land at auction without knowing the true value of the property could, in this Board’s opinion, be tantamount to a gift of public funds.
• R5

  Page 26
  A time-line of important dates in the assessment process found on other county’s websites was helpful to understanding the assessment appeals process. The Assessors of Ventura, San Diego and several other counties now display time-lines on their websites. The county agrees with this finding.
• R6

  Page 26
  All the information a property owner needs to process his own assessment appeal, without third party assistance, is on the county’s website. The county agrees with this finding. ATTACHMENT I 2008-09 GRAND JURY REPORT RESPONSE FORM GROUP AUDIT/FISCAL DATE JULY 31, 2009 DEPARTMENT ASSESSOR RECOMMENDATION NO. 09-08 SUBMITTED BY DENNIS L. DRAEGER RESPONSE 09-08 Utilize a private legal firm, or County Counsel personnel, knowledgeable in the field of appraisal and assessment appeals, to represent the Office of the Assessor during major appeals. The County will not implement this recommendation. The Assessors office does employee appraisal staff trained and certified by the State Board of Equalization in all aspects of appraising from the simplest to the most complex appraisals. The cost to hire a private legal firm would be prohibitive. Some of the more complex assessment appeals would cost in excess of $50,000 for a private firm to appraise and would incur additional cost for the presentation of the appraisal to the assessment appeals Board. The current member of the Assessors staff that presents the majority of the Assessors appraisals at the assessment appeal hearings has in excess of 31 years in the office and more than 16 years as the assessors specialist for the presentation of assessment appeals. ATTACHMENT I 2008-09 GRAND JURY REPORT RESPONSE FORM GROUP AUDIT/FISCAL DATE JULY 31, 2009 DEPARTMENT ASSESSOR RECOMMENDATION NO. 09-10 SUBMITTED BY DENNIS L. DRAEGER RESPONSE 09-10 Post a permanent and more detailed notice on Assessor’s website, warning that third-party vendors are not necessary in the assessment appeals process.. The County will implement this recommendation. The assessor will make changes to the website to include additional and stronger notices in reference to third party vendors for assessment appeals. These changes will be complete by August 20, 2009. ATTACHMENT I 2008-09 GRAND JURY REPORT RESPONSE FORM GROUP AUDIT/FISCAL DATE JULY 31, 2009 DEPARTMENT ASSESSOR RECOMMENDATION NO. 09-11 SUBMITTED BY DENNIS L. DRAEGER RESPONSE 09-11. Include on the Assessor’s website a time-line of important dates to remember during the year to assist the public in keeping abreast of time limits and due-dates of the property assessment process as the year progresses. The County will implement this recommendation. The assessor will make changes to the website to include additional time-lines and due dates for the process of exemptions and property assessments. These changes will be complete by August 20, 2009 ATTACHMENT II ATTACHMENT II ATTACHMENT II ATTACHMENT II ATTACHMENT II ATTACHMENT II ATTACHMENT III ATTACHMENT III ATTACHMENT I 2008-09 GRAND JURY REPORT RESPONSE FORM GROUP Law & Justice ___________ DATE July 8, 2009 _ DEPARTMENT Sheriff – Coroner ______ RECOMMENDATION NO. 09-33_____ SUBMITTED BY ___Rod Hoops ______.. PAGE___32__________________
• R09-08

  Page 28
  Utilize a private legal firm, or County Counsel personnel, knowledgeable in the field of appraisal and assessment appeals, to represent the Office of the Assessor during major appeals. The County will not implement this recommendation. The Assessors office does employee appraisal staff trained and certified by the State Board of Equalization in all aspects of appraising from the simplest to the most complex appraisals. The cost to hire a private legal firm would be prohibitive. Some of the more complex assessment appeals would cost in excess of $50,000 for a private firm to appraise and would incur additional cost for the presentation of the appraisal to the assessment appeals Board. The current member of the Assessors staff that presents the majority of the Assessors appraisals at the assessment appeal hearings has in excess of 31 years in the office and more than 16 years as the assessors specialist for the presentation of assessment appeals.
• R09-10

  Page 29
  Post a permanent and more detailed notice on Assessor’s website, warning that third-party vendors are not necessary in the assessment appeals process.. The County will implement this recommendation. The assessor will make changes to the website to include additional and stronger notices in reference to third party vendors for assessment appeals. These changes will be complete
• R09-21

  Page 7
  The county will work with the Auditor/Controller to implement this recommendation.
• R09-22

  Page 7
  The county will conduct a review to determine if additional video surveillance cameras are necessary and whether they would be effective in addressing any ongoing problems. 6
• R09-23

  Page 8
  This recommendation has been implemented. The redevelopment area was formed in November 2004 under a special section of the Health and Safety code; this section outlines the requirements for the creation of a redevelopment agency and project area in locations that have been declared a major disaster by the President of the United States. Unlike traditional project areas, disaster recovery project areas have truncated time lines associated with incurring debt, project area activities and repayment of indebtedness. In short, the Cedar Glen Project Area only has 10 years to conduct activities unlike traditional project areas that have 30 years. 7
• R09-24

  Page 9
  This recommendation will be implemented. At least 10 days prior to each meeting, the agency mails meeting notices to all property owners and anyone else who asks to be on the agency’s mailing list. The agency also publishes notices in local newspapers (two notices in each publication prior to each meeting), posts notices on the agency’s website and at prominent locations in the community, including the Cedar Glen Post Office, Lake Arrowhead Post Office, Fire Station No. 91, and the Cedar Glen Trading Post and Hardware Store. The agency has and will continue to post all meeting materials/handouts on the agency’s website, which includes but is not limited to: agendas, minutes, PowerPoint presentations, maps, brochures, and other materials provided and 8
• R09-25

  Page 10
  The county will implement the recommendation. 11 x 17-inch posters will be printed to provide information on the types of elder- or dependent adult-abuse and how to report the abuse including a toll-free hotline number. The county will request that senior centers display the posters in both English and Spanish near exits, and brochures on elder or dependent adult abuse will be provided for the information desks in the senior centers. To implement the recommendation, 100 posters in English and Spanish would be required to ensure each senior center has posters located at all exits. Projected completion date is October 31, 2009. HOMELESS Homeless Advocate The findings and recommendation do not call for a response from the Board of Supervisors. 9
• R09-27

  Page 12
  The County may implement the recommendation dependent upon funding. Assuming the role of lead agency will require additional staffing to administer the grant. As a lead agency all United States Department of Housing and Urban Development (HUD) funding would be awarded to the County and the County would be responsible for contracting with individual agencies and ensuring their compliance with the administrative, fiscal, and program terms of the contract and HUD requirements. In addition, as the lead agency the County would need to administer the Homeless Management Information System (HMIS), this would include purchasing and maintaining appropriate software licenses, installing equipment at provider sites, providing technical assistance, monitoring use, reviewing data entered for completeness and accuracy, and training contractor staff. This recommendation could be implemented before the end of the calendar year, but not in time to respond to the federal Notice of Funding Availability scheduled to be released in August of 2009. Additional staffing required to meet these needs would minimally include fiscal, program, and information technology staff. Annual costs associated with implementing this recommendation are $567,266 ($472,721 salary/benefits and $94,545 operations). Human Services and the Department of Behavioral Health (DBH) equally split the costs associated with the Office of Homeless Services. Human Services uses local dollars and DBH uses Mental Health Services Act funding; therefore, it is estimated that the total annual Local Cost Impact for this recommendation is $283,633.
• R09-28

  Page 12
  The County will not implement the recommendation. The recommendation within the report is twofold, 1) request HUD provide training for agencies utilizing HMIS, and 2) request HUD monitor the County’s application process from start to finish. 1) HUD contracts the administration for each Continuum of Care’s HMIS to a local agency. The local agency is responsible for selecting and purchasing the appropriate application and operating system software and hardware, identifying participating agencies, installing hardware and software, training users, and providing technical assistance. In San Bernardino County, HUD 11
• R09-29

  Page 13
  The recommendation was implemented on August 11 when the Board of Supervisors adopted a resolution in support of the San Bernardino County Homeless Partnership’s 10-Year Strategy to End Homelessness in San Bernardino County. The federal Notice of Funding Availability from HUD is not scheduled for release until after August 17, 2009. The application deadline to HUD is expected to be sometime in October 2009.
• R09-30

  Page 13
  The County will implement the recommendation. The Office of Homeless Services (OHS) previously obtained resolutions from 20 of the 24 cities within San Bernardino County stating their commitment to assist the San Bernardino County Homeless Partnership end homelessness. OHS will continue to work with the cities of Big Bear Lake, Chino, Chino Hills, and Yucca Valley to secure their support and commitment to assist the San Bernardino County Homeless Partnership in meeting its goals as stated in the 10-Year Strategy to End Homelessness in San Bernardino County. This recommendation is currently being addressed through existing communication channels: monthly Homeless Partnership meetings, quarterly Homeless Policy meetings, and bi-weekly 10-Year Planning Committee meetings.
• R09-31

  Page 13
  The County will implement the recommendation. One of the components of the 10-Year Strategy to End Homelessness in San Bernardino County is the creation and implementation of a local Interagency Council on Homelessness (ICH). The membership of the ICH consists of representatives from the San Bernardino County Board of Supervisors, city officials, law enforcement, county departments, the Public Housing Authority, Specialty Courts, Superintendent of Schools, and non-profit organizations. The ICH will have the responsibility for directing and evaluating the activities of the San Bernardino County Homeless Partnership in their efforts to implement the 10-Year Strategy. Through the work of the ICH, 10- Year planning committee, and Office of Homeless Services, cities will be encouraged to take action and share best practices for ending homelessness countywide. 12
• R09-32

  Page 14
  The County will not implement this recommendation. County policy provides departments with the ability to utilize outside service providers in cases where “there is a need for special expertise or experience beyond the capability of current County staff.” The annual application to HUD for Continuum of Care Homeless Assistance Program funding meets the stated criteria. LAW AND JUSTICE COMMITTEE General Findings for Jails The findings and Recommendations 09-33 and 09-34 do not call for a response from the Board of Supervisors. PROBATION DEPARTMENT Finding 1 The Board of Supervisors agrees with the finding. Finding 2 The Board of Supervisors agrees with the finding. Finding 3 The Board of Supervisors agrees with the finding. However, it should be noted that state licensing is the appropriate and only avenue for licensing all foster care facilities. In this case, the subsidiary LodgeMakers Inc. did not exist prior to the facility being built. The parent company, Vision Quest, had been previously used by the County for many years prior while operating in the Arizona. New legislation resulted in all out-of-state placements requiring State approval to be used as a placement facility and the County stopped sending wards to this facility at that time. RECOMMENDATIONS
• R09-35

  Page 14
  The county will implement the recommendation. The LodgeMakers contract, the focus of this recommendation, contained non-standard contract language for the termination clause. A clear scope of work and definitive timeline specifications for each organization’s responsibilities will be included in all future contracts of this nature.
• R09-37

  Page 15
  The department will consult with County Counsel, Purchasing, and the County Administrative Office in an effort to implement this recommendation. High Desert Juvenile Detention and Assessment Center Finding 1 The Board of Supervisors agrees with the finding. Recommendation
• R09-38

  Page 15
  The county is working toward implementing the recommendation. Both the West Valley and High Desert Juvenile Detention and Assessment Centers CCTV systems were originally designed using analog recording technology which required the use of VHS tapes. The analog storage capacity did not allow for the inclusion of the exterior cameras, which have Pan Zoom Tilt (PZT) capability. A number of years ago, when the systems were converted over to digital with 13- month storage capacity, it was determined that the PZT cameras required storage capacity beyond reasonable system capability. The Department of Architecture and Engineering is currently conducting a feasibility study on the cost of including the exterior PZT cameras in the existing storage systems for both of these facilities. Due to recent advancements in digital recording and storage technology, all CCTV cameras, including the exterior PZT, will be digitally stored at the new Central Valley Detention and Assessment Center scheduled for completion in 2011. PUBLIC DEFENDER’S OFFICE Finding 1 The Board of Supervisors cannot verify the accuracy of the finding because the county doesn’t know how many arrest warrants result from the court’s present practices. RECOMMENDATION
• R09-39

  Page 15
  The county agrees that the Indigent Fee Schedule should be on a separate page from the probation warning. However, only the Superior Court can implement the recommendation because the court prints both the forms and the court orders. 14
• R09-70

  Page 17
  This recommendation is being implemented to the degree possible. The County Department of Airports requires a security deposit for leases of County owned facilities located at the County airports. The security deposit follows Civil Code section 1950.7(c), which allows commercial landlords to claim from the security deposit only those amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, to repair damages to the premises caused by the tenant, or to clean the premises upon termination of the tenancy. The deposit can be utilized for repair of these ‘reasonable’ items. In 2005, a tenant utilizing a County owned hangar at the Chino Airport was found to be in violation of applicable environmental regulations related to the storage of radium contaminated items. These items ultimately required cleanup and abatement by the Environmental Protection Agency (EPA) and cost reimbursement to EPA by the County. These actions placed the tenant in violation of the lease agreement with the County for not utilizing the facility in compliance with the lease agreement terms and conditions. This was an unusual circumstance and not reflective of all County owned and/or operated facilities at the County airports. A security deposit to address these types of un-reasonable circumstances would be cost prohibitive, not align with market conditions and be in conflict with applicable codes The County Department of Airports has implemented annual inspections of county-owned facilities that will allow the county to be aware of possible activities that do not conform to the terms and conditions of the lease agreement, and allow correction by the tenant and/or a response by the county in accordance with the lease agreement terms and conditions.
• R09-71

  Page 17
  The County has implemented this recommendation for the Chino Airport. A “Chino Redevelopment Fund” has been established and funded to provide 16
• R09-72

  Page 18
  The County is in the process of implementing this recommendation for the Apple Valley and Chino airports. Funds have been identified within the Department budgets, with the aforementioned “Chino Redevelopment Fund” to be utilized for the Chino Airport. The selection of the planning consulting firm has been completed and the studies are anticipated to commence in the fall of 2009. The studies should be complete in 2011.
• R09-73

  Page 18
  The responsibility for scheduling these inspections lies with the State of California and/or the Federal Aviation Administration, not the County of San Bernardino. The County Department of Airports conducts a ‘self-inspection program’ for the Apple Valley, Barstow/Daggett and Chino airports. This self- inspection program is a daily inspection of the airport, including runways, taxiways, security fencing, lighting signage and other areas to ensure the County is providing a safe operating environment for aircraft. The self-inspection follows guidelines established by the FAA. ARROWHEAD REGIONAL MEDICAL CENTER (ARMC) Finding 1 The Board of Supervisors agrees with the findings. RECOMMENDATIONS
• R09-74

  Page 18
  The county will not implement the recommendation. The cost of reissuing badges to all employees would be $25,000 per reissuance, plus the labor to perform this function. The medical center has an effective policy addressing replacement badges. Instead of enacting a new policy, the existing policy can be modified to include language on maintaining badges to ensure clarity of the information and clarity of the photo. Also, in the near future, Arrowhead Regional Medical Center will be implementing a Time and Attendance System that will require “new technology badges” resulting in the replacement of all the current employee badges.
• R09-75

  Page 18
  Arrowhead Regional Medical Center is in the process of implementing the recommendation requiring supervisors and managers to monitor employees to ensure they are wearing of current, clear, and undamaged photo I.D. badges. The actions taken to implement this recommendation include a change in the Employee Identification policy and communications to the managers in regards to the policy change. The recommendation will be achieved by modifying the 17
• R09-76

  Page 19
  This recommendation has been implemented. The supply area has been relocated to a secure location.
• R09-77

  Page 19
  This recommendation has been implemented. The standard contract language has been changed to include cell phone or pagers as acceptable communication devices. INTERIM REPORT ON THE JOSHUA BASIN WATER DISTRICT This report does not call for a response from the Board of Supervisors. INTERIM REPORT ON THE WEST VALLEY DETENTION CENTER POWER FAILURE Finding 1 The Board of Supervisors disagrees with the finding. The Facilities Management Department has the day-to-day responsibility for the boiler plant and emergency generator operations and only has access to secured areas in the detention facility to provide for Heating Ventilation and Air Conditioning repair and maintenance; access that is granted and controlled by the Sheriff’s Department. During this incident the power was interrupted for an extended period of time due to failure of various transformers on the detention center grounds, which had not been operated and maintained by Facilities Management. The emergency generator and associated equipment under the purview of the Facilities Management Department worked as designed and expected in providing electricity. All Facilities Management staff and contractors working assigned to this facility are given clear direction on the tasks to be completed in the provision of their duties. Finding 2 The Board of Supervisors disagrees with the finding. The emergency back-up generators are tested monthly. 18
• R09-78

  Page 20
  Having one department responsible for all maintenance activities at this site will eliminate interdepartmental communication issues. The Facilities Management Department is prepared to transfer staff and associated funding to allow the Sheriff’s Department to take control of this operation. After consultation with Sheriff’s staff, the Facilities Management Department sent a proposed budget for the Boiler Plant Operations function at the West Valley Detention Center to the Sheriffs Office on February 3, 2009. A revised budget updated for FY 2009-2010 costs was sent from Facilities Management to the Sheriff’s Department on June 15, 2009. This budget information is currently being evaluated. Transferring the function to the Sheriff Department from the Facilities Management department will have no local cost impact in that the local cost allocated to Facilities Management would be transferred to the Sheriff’s Department.
• R09-79

  Page 20
  As a result of this emergency, the Facilities Management Department has completed a thorough inspection and testing of the entire emergency power system. Moreover, the department has completed numerous repairs as a result of the inspection and will continue to finish all tasks necessary to ensure the system will work at peak efficiency in the future. The ongoing, day-to-day maintenance of this function is provided by (A) Johnson Controls – under a purchase order, this company does preventative maintenance activities on the electronic control system, (B) Fleet Management Generator Services Unit – they provide monthly testing of the generators (C) Facilities Management Staff – daily visual inspections of the equipment to ensure it is working properly. Pouk and Steinle, an electrical contractor, performed testing and Inspection and repairs on each transformer not replaced during the emergency. Ultimately one additional transformer was replaced and minor repairs done on the others. The total cost was $52,439 and was expended in the Facilities Management FY 2008-2009 budget. The replacement of the transfer switch, the piece of equipment that transfers power for Edison to the generators, is funded as a local-cost Capital Improvement Project at $170,000 that has been budgeted and assigned to the Architecture and Engineering Department. The intent of the project is to replace equipment original to the facility with new, modern equipment. Both the Johnson Controls purchase order and the Fleet Management Generator Service unit costs are budgeted in the Facilities Management Department’s FY 19
• R09-80

  Page 21
  The management of electrical maintenance activities throughout the detention center will be incorporated into the day-to-day ongoing maintenance function of the Sheriffs Department. Further evaluation on how a plant manager function will be incorporated into the Sheriff’s maintenance operation, including the possible addition of a new position, is currently being evaluated by the Sheriff’s Department.
• R09-81

  Page 21
  The Facilities Management Department completed a thorough evaluation of the electrical distribution equipment that was involved during the incident. The following summarizes the maintenance activities to date to the West Valley Detention Center Electrical equipment: Switch Gear – the transfer switch is scheduled to be replaced as a Capital Improvement Project. The Architecture and Engineering Department is currently working with a consulting engineer to develop the technical and performance requirements related to the replacement of the automatic transfer switch at the West Valley Detention Center. It is anticipated that this replacement will be completed in early 2010. Electrical Control equipment – Purchase order Z3781 was issued on October 24, 2008 to Johnson Controls for one year of preventive maintenance of the control system that helps complete the transfer of power from Edison to generator when needed at West Valley Detention Center. Facilities Management will continue to retain a preventative maintenance contractor on a yearly basis. Emergency Generator – The Emergency generators are tested on a monthly basis. Transformers – All transformers that failed during this incident have been repaired or replaced; moreover, an evaluation of maintenance activities on all transformers on site was completed when the transformer that serves the administrative facility on the perimeter of the West Valley campus was replaced in May, 2009. The next preventative maintenance work on the transformers, per a recommendation of a high voltage electrical contractor, will occur in two years. The replacement of the transfer switch is funded as a local cost capital improvement project at $170,000. The Johnson Control Preventative maintenance contract is for $29,161 per year, and is funded in the Facilities Management FY 09-10 operating budget. 20
• R09-82

  Page 22
  Prior to the end of the 2009 calendar year, the county will amend the Code of Ethics to include a prohibition against the use of a public office or position by a public official for personal gain.
• R09-83

  Page 22
  The Chairman of the Board of Supervisors will soon propose a policy that sets limits on the number of paid staff a supervisor-elect may have on the county payroll prior to the supervisor-elect taking office and how long prior to the supervisor-elect taking office they may serve. The limits to be proposed will most likely be two staff members serving no longer than 30 days. Also, the proposal will call for these staff members to serve under contracts that will terminate upon the supervisor-elect taking office. If the new supervisor wishes to retain the transition staff as regular staff members, new contracts would have to be brought before the Board of Supervisors. The County Administrative Office would fund the transition staff. However, the new supervisor would be required to reimburse the Administrative Office for the cost of the transition staff from his/her office budget upon taking office. Board members may have differing views on how this issue should be addressed, and those viewpoints will be shared publicly when the Chairman presents the policy proposal. 21
• R09-84

  Page 23
  The Board of Supervisors supports the concept of more-frequent reporting and improved systems for keeping track of information as a way to increase transparency and maintain public trust. However, this recommendation will not be implemented as proposed by the grand jury because the Form 700 is a state document that is designed for annual reporting only. Implementing the recommendation would require the county to create an entirely separate reporting system, which at this time would be cost-prohibitive in terms of computer systems and staffing. The county will, however, revisit this recommendation in future years when the necessary computer software may be more affordable. Campaign Contributions The Board of Supervisors agrees with Findings 1-5 RECOMMEDATION
• R09-85

  Page 23
  The Board of Supervisors will discuss whether to implement this recommendation during a workshop to be held during either September 2009 or October 2009. Ethics Commission The Board of Supervisors agrees with Findings 1-3 RECOMMENDATION
• R09-86

  Page 23
  The county will implement this recommendation should the Board of Supervisors decide to establish an ethics commission. Costs would depend on the selection criteria. 22
• R09-87

  Page 26
  This recommendation does not call for action by the county.
• R09-88

  Page 26
  The county will consider this recommendation when it again takes up the issue of how to proceed on this piece of property.
• R09-89

  Page 26
  This recommendation is no longer applicable considering that the county is no longer participating in the process. It is within the grand jury’s purview to make a recommendation to the City of Rancho Cucamonga addressing this issue. 25