Amador Grand Jury 2013-2014

County department heads, especially for those departments not normally involved with construction, frequently lack construction experience and expertise, space needs and architectural design, and/or real property cost/benefit analysis skills.

There are no written policies and procedures in to direct staff in acquiring property either by lease or by purchase.

A set of procedures in place could have overridden the lack of experience of the negotiating team and BOS members.

With the increase of square footage over the HHS departmental needs, the County has sub-let the extra space to cover costs. While the Grand Jury feels all entities in HHS are a benefit to the community, not all entities are paying at the primary rate of the base lease.

The lease costs of $7,144,200 (over 5 years) were traded for $400,000 (immediate) in cash. (see letter, Appendix A)

No County official, auditor, or controller has the official assignment to review fiscal commitments of the County prior to adoption and/or approval by the BOS.

There is no policy to perform a financial cost-benefit analysis prior to BOS approval.

Members of the BOS relied on staff to develop needs, space configurations, terms of the leases, and did not perform any due diligence on their own.

There is no policy or procedure that addresses monies received from an individual or company as a gift, donation, grant or “valuable consideration” by the County.

The problems and complexities in negotiating leases of property are not limited to the County. A neighboring county has drafted policies and procedures to address these issues. (Appendix E)

The contract for legal counsel includes “board governance” in the scope of work, however, absent from Board activity is any meaningful input from legal counsel regarding their monthly meetings.

EST. COST IN STATE HIGHWAY RIGHT-OF-WAY FUNDING SOURCE(S) FEDERAL STATE LOCAL PRIVATE

PRODUCT TYPE DIAMETER VOLTAGE / PSIG 14.CALTRANS' PROJECT CODE PIPES

Double Permit Parent Permit Number _______________________________________ Applicant's Reference Number / Utility Work Order Number _______________________________________

Have your plans been reviewed by another Caltrans branch? NO YES (If "YES") Who?____________________

Completely describe work to be done within STATE highway right-of-way : Attach 6 complete sets ofplans (folded to 8.5" x 11"), and any applicable specifications, calculations, maps, etc. All dimensions shall be in U.S. Customary (English) Units. 18.Is a city, county, or other agency involved in the approval of this project? YES (If "YES", check type of project and attach environmental documentation and conditions of approval. ) COMMERCIAL DEVELOPMENT BUILDING GRADING OTHER _______________________________________________________________ CATEGORICALLY EXEMPT NEGATIVE DECLARATION ENVIRONMENTAL IMPACT REPORT OTHER _____________________________ NO (If "NO", please check the category below which best describes the project, and complete of this application.) DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING FENCE PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS MAILBOX FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS EROSION CONTROL LANDSCAPING OTHER ______________________________________________________________________________ 19.Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? YES NO (If "YES", provide a description) 20.Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? YES NO (If "YES", provide a description)

Is work being done on applicant's property? YES NO (If "YES", attach site and grading plans.) ADA NOTICE:For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 654–6410, TTY 711, or write to Records and Forms Management, 11_2_0 _N_ S_tre_e_t, _M_S_–_89_, _Sa_c_ra_m_en_to_,_ C_A_ 9_58_1_4_.__________________________________ { 102 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV.07/2007) 22.Will this proposed project require the disturbance of soil? YES NO If "YES", estimate the area within State Highway right-of-way in square feet AND acres: _____________________ (ft2) AND ______________________ (acres) estimate the area outside of State Highway right-of-way in square feet AND acres: ______________________ (ft2) AND _____________________ (acres) 23.Will this proposed project require dewatering? YES NO If "YES", estimate total gallons AND gallons/month.__________________________ (gallons) AND __________________________ (gallons/month) SOURCE*: STORM WATER NON-STORM WATER (*See Caltrans SWMP for definitions of non-storm water discharge: http://www.dot.ca.gov/hq/env/stormwater/index.htm ) 24.How will any storm water or ground water be disposed of from within or near the limits of this proposed project? Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin Other (explain): _______________________________________________________________________________________________________________________ PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees that an encroachment permit can be denied, and/or a bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and/or use of this encroachment permit and the placement and subsequent operation and maintenance of said encroachment for: 1) bodily injury and/or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON-STORM WATER: Work within State Highway right-of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department’s Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.gov/hq/construc/stormwater

NAME of APPLICANT or ORGANIZATION (Print or Type) E-MAIL ADDRESS ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) PHONE NUMBER FAX NUMBER

NAME of AUTHORIZED AGENT / ENGINEER (Print or Type) IS LETTER OF AUTHORIZATION ATTACHED?E-MAIL ADDRESS YES NO ADDRESS of AUTHORIZED AGENT / ENGINEER (Include City and Zip Code) PHONE NUMBER FAX NUMBER

SIGNATURE of APPLICANT or AUTHORIZED AGENT 28. PRINT OR TYPE NAME 29.TITLE 30. DATE ____________________________________________________________ { 103 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) WORK ORDER/REFERENCE NUMBER FEE CALCULATION -- FOR CALTRANS USE CASH CREDIT CARD NAME ON CARD ____________________________ PHONE NUMBER _________________ CHECK NUMBER _________ NAME ON CHECK ___________________________ PHONE NUMBER _________________ EXEMPT PROJECT CODE __ __ __ __ __ __ DEFERRED BILLING (Utility) CALCULATED BY (1) (2) REVIEW 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT 1. _______ HOURS @ $________ * $______________ $______________ 2. _______ HOURS @ $________ * $______________ $______________ INSPECTION 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT $______________ 1. _______ HOURS @ $________ * $______________ 2. _______ HOURS @ $________ * $______________ $______________ FIELD WORK _________ HOURS @ $________ * $______________ $______________ $______________ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT & MATERIALS $______________ $______________ $______________ CASH DEPOSIT IN LIEU OF BOND $______________ $______________ $______________ TOTAL COLLECTED $______________ $______________ CASHIER'S INITIALS ______________ ______________ $______________ * The Standard Hourly Rate is set annually by HQ Encroachment Permits. District Office staff do not have authority to modify this rate. DATE AMOUNT PERFORMANCE BOND $ DATE AMOUNT PAYMENT BOND $ AMOUNT LIABILITY INSURANCE REQUIRED? YES NO $ ____________________________________________________________ { 104 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) INSTRUCTIONS for completing This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Your answers to these questions will assist departmental staff in identifying any physical, biological, social or economic resources that may be affected by your proposed project within the State highway right-of-way and to determine which type of environmental studies may be required to approve your application for an encroachment permit. It is the applicant's responsibility for the production of all required environmental documentation and supporting studies and in some cases this may be costly and time-consuming. If possible, attach photographs of the location of the proposed project. Please answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.)