Responses to the

R1

To be in compliance with the above restricted revenue requirements and regulations and to eliminate the appearance that restricted revenues are being used to fund general fund expenditures, the City of Parlier should ensure that such restricted revenues are clearly used for the related program purposes. Costs charged to the special revenue funds should reflect actual costs attributable to the program and should be supported by applicable documentation such as time tracking. The City of Parlier should obtain clarification from the applicable regulatory agency to determine if their current cost allocation methodology is acceptable. Response: The City concurs with the recommendation.

R2

In the absence of fully supportable cost allocation methodologies or regulatory approval of existing cost allocation methodologies, the City of Parlier should reverse the $268,224 and $393,602 in overhead costs charged to the special revenue funds listed above. In addition, any 17 other insufficiently supported cost allocations that were not noted in this report should also be reversed. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R3

In order to provide for sound accounting and budgeting practices and to ensure a clear audit trail, appropriations and expenditures should be initially recorded in the originating department/fund where the activities are incurred. Response: The City is in compliance with generally accepted accounting practices. The matter will be referred to the Finance Director and City Auditor for further review and appropriate action.

R4

The City of Parlier Finance Department should implement procedures that provide segregation of duties related to accounts payable. Specifically, the person who approves payments should not be the same person who signs checks and submits requests for payments. When it is necessary for the Finance Director to submit a request for payment, the payment should be sufficiently reviewed and approved by another authorized staff member (e.g. the City Manager). Response: Payments are approved by Department Heads. Any Department expenditures greater than a thousand dollars must be reviewed and approved by the City Manager. Additionally, the City Manager reviews and approves all payments on the demand warrant register. This register is published in the Council agenda for public review.

R5

To strengthen internal controls over expenditures in special revenue funds and to ensure that funding does not need to be reimbursed or that future funding is withheld, the City of Parlier should ensure that program costs incurred are fully supported and are in compliance with program requirements. This can be achieved in part by requiring that receipts for credit card purchases be retained for supporting documentation and submitted to the Finance Department for review and approval. Response: The City concurs with the recommendation.

R6

To prevent losses and enhance internal controls, the City of Parlier should immediately implement procedures to ensure that the City's charge accounts and credit cards are not used for personal purchases. Response: The City concurs with the recommendation. Such procedures are in place.

R7

In compliance with the above code sections and to ensure that funding is not withheld, the RDA should immediately submit a 5-year plan to the State Controller's Office and submit all future required documents when due. Response: The City has held off on updating its 5 year housing plan pending certification of its housing element by the State Housing and Community Development Department. The element will be certified in a few weeks. The plan will be updated during this 2001-2002 fiscal year.

R8

In order to comply with Health & Safety Code Section 33487 and to ensure that funding is not withheld, the RDA should transfer $3,907 to the low income-housing fund for fiscal year 1998/99 from the RDA Capital Projects Fund. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R9

In order to explain material changes in the financial statements in accordance with generally accepted accounting principles, the City of Parlier should provide adequate disclosure in the notes to the financial statements. For example, Parlier could have identified the above increase in the capital projects fund balance as a "restated" fund balance in the financial statements. In addition, a note disclosure should have been provided to reconcile the restated fund balance to the prior year ending balance. The disclosure should have also explained the reason(s) for the restatement. Parlier should consider this for future reporting purposes. Response: The matter will be referred to the Finance Director and City Auditor for review and appropriate future action.

R10

a, b, c, and d To ensure that funding is not withheld, the RDA should ensure all proper procedures and legal requirements are followed when issuing loans and all appropriate documents are maintained in their loan files and that all loans are properly authorized. Parlier staff should review all available loan records since the formation of the RDA to try to locate all missing loan documentation and criteria information on the sixteen known loans addressed above. Parlier staff should also determine if there are any additional outstanding loans not currently known that should be followed up on. Also, even though Parlier has indicated that the commercial borrowers of the "written off' loans are out of business, Parlier should continue to bill the business owners until these loans are officially written off by the City Council. Proper procedures must be followed to assure that all redevelopment loans are repaid timely and in full. Redevelopment loans determined to be uncollectible should be written off by the City Council and referred to a collection agency as appropriate. Parlier should consider following up with other collection agencies or pursue other means of recouping unpaid balances, e.g. through small claims processes, other lawsuits, etc. In addition, Parlier should ensure and be able to support that interest charged on Redevelopment loans is charged fairly and equitably. Response: The Redevelopment Agency has not made any loans in nearly a decade. Of those older loans on the Agencies books: some loans have been paid off; some loans are in process and payment is timely, some loans are behind in payment and payment is sporadic, on some there is no activity and they are considered uncollectable. Many of the loans were unsecured and should have been. Loans that are secured by real property shall be paid. Extensive searches for records of prior loans have been made, for some loans there are little or no records. A list of uncollectable loans shall be provided to the Redevelopment Agency for 'write-off' consideration. Future loans, if any, considered by the Redevelopment Agency will be secured by real property and shall be recorded.

R11

To enhance internal controls, ensure the accuracy of the City's accounting records, and ensure continued funding, Parlier should implement formal procedures to ensure proper accounting for and reconciliation of restricted revenues. In addition, all transactions and supporting documentation must be maintained until such records have been audited by all appropriate oversight agencies. Finally, the City of Parlier should make the appropriate general ledger entries within the special revenue fund to record these transactions. Response: The matter will be referred to the Finance Director and City Auditor appropriate future action. 19

R12

The City of Parlier should post transactions to proper accounts and subsequently classify expenditures appropriately in their financial statements. Response: The City concurs with the recommendation.

R13

In order to comply with terms of the Child Development Grant, the City of Parlier should reimburse the Child Development fund the $582.50 noted above and only make expenditures appropriate for grant purposes from this fund. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R14

In order to comply with terms of the Child Development Grant, the City of Parlier should obtain an annual audit of the Child Development Program that conforms to the terms of the grant agreement and reports on Child Development revenues and expenditures of the City of Parlier. In addition, the City of Parlier should consistently review any audit reports prepared for their program prior to finalization of the report. Response: The City concurs with the recommendation.

R15

In order to properly account for and report Gas Tax revenues, the City of Parlier must reconcile any variances between revenues paid by a funding entity and revenues recorded by the City. Response: The City concurs with the recommendation.

R16

In order to properly administer the Local Transportation Fund and ensure proper financial statement presentation, the City of Parlier must reconcile the Local Transportation fund to receipts and implement procedures to ensure that all transactions are properly recorded and reported. Response: The City concurs with the recommendation.

R17

The City of Parlier should either provide supporting documentation for the $70, 702 reduction of revenues or reverse this adjustment as appropriate. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R19

The City of Parlier should contact the DOJ for written clarification of what constitutes acceptable expenditures for this grant. The City of Parlier should comply with the information provided by the 20 DOJ related to this audit finding. Unauthorized expenditures of grant funds must be reimbursed or a waiver should be requested from the grantor agency. Response: The City concurs with the recommendation.

R20

The City of Parlier should ensure that actual interest is allocated to the COPS fund for 1998/99, 1999/00 and thereafter. In addition, the City should ensure that adequate interest allocation methodologies are used to ensure that all restricted revenues are accurately calculated, allocated and available to be used for restricted program purposes or returned to regulatory agencies as necessary in the event of non-compliance with program requirements. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R21

In compliance with the provisions of Government Code Section 30061 as stated above, the City of Parlier should ensure that the appropriation of COPS grant monies for 2000/01 and thereafter are separately presented to and approved by Parlier's City Council as required. Response: The City concurs with the recommendation.

R22

The City of Parlier should maintain support for all financial transactions that affect special revenue funds as well as other funds until all oversight agencies conduct periodic audits. Unauthorized expenditures of grant funds must be reimbursed or a waiver should be requested from the grantor agency. Response: The City concurs with the recommendation.

R23

The City of Parlier should implement procedures to ensure that expenditures are not claimed/reported twice and that overtime costs are not claimed in compliance with Universal Hiring Grant provisions. Parlier should also adjust the above reports and charges to reverse duplicated expenditures and inappropriate overtime costs. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R24

The City of Parlier should investigate the difference of $2,404 between revenues reported in their general ledger for OES revenues and the amount of payments confirmed through the State OES or have support for the variance readily available. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action.

R25

The City of Parlier should immediately revise the Project Completion and Certification Report to reflect actual costs for the disaster period. They should provide support for costs claimed or return $36,136 claimed inappropriately to the State OES. Response: The matter will be referred to the Finance Director and City Auditor for review, the manager will report back to Council with recommendation for appropriate action. 21

R26

To ensure accuracy of records, enhance internal controls, and ensure the availability of current and future funding, the City of Parlier should properly maintain files containing supporting documentation for transactions and retain these records until audited by all appropriate oversight agencies. Response: The City concurs with the recommendation. Summary: It is our recommendation that the City of Parlier hire either a CPA firm or professional accounting staff to help them address the findings and recommendations in this report, correct their records/reports related to special revenue funds, and implement procedures/processes to ensure that restricted revenues are properly expended and accounted for and that all applicable rules, regulations and laws are followed with strict compliance. Gary W. Peterson Auditor-Control Treasurer-Tax Collector Response: The City concurs with the Summary recommendation and the matter is referred to the Finance Director and City Auditor. Paint Project: 27. The Parlier City Manager confer with the City Council before engaging in city projects costing over $10,000 as required by PMC. 28. Bidding and contracting of services be in compliance with PMC. 29. The City Manager and City Council be held responsible for implementing the directives set forth in PMC. 30. Compensation of employees and/or contractors be in compliance with existing State and Federal laws. Response: The City concurs with recommendations 27 though 30. It disagrees with many of the findings. Animal Control 31. The City hire an animal control officer. 32. The animal shelter be relocated within the city to make it more accessible. 33. Leash and licensing laws be enforced. 34. The City educate the community regarding licensing, vaccinations, leash laws, spaying and neutering. 35. The City establish a fee schedule for costs incurred in animal control. 36. All record keeping relating to animal control be current. 37. State guidelines be followed for the ultimate disposal of any animal. 38. Polaroid photographs of impounded dogs be posted at city hall in order for citizens to see if their dog has been impounded. Response to 31 - 38: The current location of the city's holding facility and city's procedures for managing it are cost effective and consistent with requirements of law. The Council expects and management will ensure that our operation is in compliance with state law. City Hall Carpeting 39. The Parlier Municipal Code and Purchasing Ordinance be followed. 40. Shortcuts that violate the existing code not be considered. Response: The City concurs with recommendations 39 and 40. Code Enforcement 41. The present policy of code enforcement be changed to a more aggressive system which addresses all violations existing in the City of Parlier. 42. Written policy and procedures be developed to provide for the tracking and documented resolution of all complaints. 43. The city hire a code enforcement officer, supported with sufficient staff. 44. Adequate training be provided for the code enforcement officer and staff, including instruction in property owner and tenant rights. 45. A written manual providing guidelines on how to resolve code enforcement disputes be developed and implemented. 46. The City of Parlier inform and educate the public on current code enforcement policy. 47. A current copy of the Parlier Municipal Code be available for public use at City Hall and the public library. Response to 41 -47: The City has budgeted for a ½ time Code Enforcement Officer in the FY2001-2002 budget. A more active code enforcement program will be instituted accordingly. Personnel Policies 48. The City of Parlier formulate and implement written policies and procedures regarding labor relations. 49. The City develop written job classifications for all positions and issue them to all employees. 50. The City require department heads to adhere to the PMC sections covering their areas of responsibility . 51. A current copy of the PMC be made available to City Council members. 52. The City prepare, and provide to all employees, a handbook informing them of employee rights as stated in the PMC. 53. Employees be advised, in writing, of their rights of representation at all disciplinary hearings. 54. Written annual job performance evaluations of all employees be conducted, a copy placed in the employee's permanent file and a copy provided to the employee. 23 55. A written salary schedule for each position be prepared and a copy made available to each employee. 56. The city develop and issue a written policy regarding advancement and salary increases. Response: Items 48, 49, 50, 51, 52, 53, 55 are in place and are standard practice. Item 54 will be instituted this fiscal year. Item 56 will be put in place if and when it is deemed necessary. Nepotism 57. PMC section 4.01.080 be rewritten to more clearly state the city's policy on nepotism as defined by Merriam-Webster's Collegiate Dictionary, "favoritism shown to relatives or close friends by those in power (as by giving them jobs)." Response: The matter will be referred to the City Attorney for review and to report back to Council with recommendation for appropriate action. 58. The policy of the city be to recruit, employ, and promote the best-qualified individuals. Response: This is City Policy. Personnel Appeals Board 59. The current PHB be dissolved. 60. The position for citizen at large be advertised (noticed). 61. The position for citizen at large be posted at City Hall. 62. All citizens who submit applications for this position be given equal consideration. Response: The City disagrees with recommendations 59-62. The Personnel Appeals Board was established by the municipal code. Council appointments were made consistent with that code. Police Department 63. The 2000/2001 Fresno County Grand Jury recommends that the Parlier Police Department be closed immediately and the policing of Parlier be contracted with the Fresno County Sheriff. Response: The majority of the Police Department findings were absurd; this recommendation is nonsense. SECTION II CITY COMMITTEE CITY COMMITTEE SOLID WASTE MANAGEMENT DIVISION Recommendations The 2000-01 Fresno County Grand Jury recommends that: 64. Continue the broad public education program to increase awareness of the need to meet recycling goals. 65. Tailor educational efforts to target each culture within our community in a way that has proven most effective for that group. City of Fresno’s Response to Recommendations #64 and #65: See . FRESNO CITY PARKS SANITATION FACILITIES Recommendations The 2000-01 Fresno County Grand Jury recommends that: 66. Increase the budget to provide for care of the new parks. 67. Add personnel to help maintain the park sanitation facilities. 68. Provide adequate funds for replacement of fixtures with more durable ones. City of Fresno’s Response to Recommendations #66 - #68: See . CITY COUNCIL INFRASTRUCTURE FUNDS Recommendations The 2000-01 Fresno County Grand Jury recommends that: 69. Distribution of the City Council discretionary infrastructure funds be reviewed and approved by the City Manager prior to disbursement. 25 70. Consideration be given to reducing the current allotment from $140,000 to $70,000 per district. 71. Carryover of any unused infrastructure funds be eliminated. 72. Future Grand Juries continue to monitor the program. City of Fresno’s Response to Recommendations #69 - #72: See . CITY OF FRESNO WATER METERS Recommendations The 2000-01 Fresno County Grand Jury recommends that: 73. The Mayor, City Council and all civic groups unite to promote the installation of water meters. 74. Homeowners and businesses that currently have meters be excluded from further meter installation costs. 75. The city utilities department continue to publish average water bills for various family sizes with and without meters. 76. Water police be reactivated to prevent water waste. City of Fresno’s Response to Recommendations #73 - #76: See . BASEBALL/MULTI-USE STADIUM Recommendations The 2000-01 Fresno County Grand Jury recommends that: 77. The City require an annual independent audit of the financial statements of FDG. 78. All seventeen dates the city controls be devoted to for-profit events to enhance the City’s revenues. 26 79. The public be assured of coordinated parking and security by FDG and the City. City of Fresno’s Response to Recommendations #77 - #79: See . CITY OF FRESNO FIRE DEPARTMENT Recommendations The 2000-01 Fresno County Grand Jury recommends that: 80. The fire department have a budgeted vehicle replacement plan. The city should consider replacement of vehicles after seven or eight years while they still have significant value on the used fire vehicle market. 81. The inventory of fire fighting tools be increased so that all spare engines/trucks are fully equipped. 82. The city recognize the need to increase the number of fire fighting personnel. 83. The City of Fresno revisit its traffic light pre-emption plan and budget funds to complete this program. 84. The Fresno Fire Department develop a plan to reduce response times to the NFPA standards. City of Fresno’s Response to Recommendations #80 - #84: See . Daniel G. Hobbs City Manager October 3, 2001 Mr. Rick Allen Van Ness #102 Fresno, CA 93721 Dear Mr. Allen: SUBJECT: 2000-2001 GRAND JURY RECOMMENDATIONS The following contains the City of Fresno's response to the 2000-2001 Grand Jury

R27

The Parlier City Manager confer with the City Council before engaging in city projects costing over $10,000 as required by PMC.

R28

Bidding and contracting of services be in compliance with PMC.

R29

The City Manager and City Council be held responsible for implementing the directives set forth in PMC.

R30

Compensation of employees and/or contractors be in compliance with existing State and Federal laws. City of Parlier's Response to Recommendations #27 - #30: See . PARLIER ANIMAL CONTROL Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R31

The City hire an animal control officer.

R32

The animal shelter be relocated within the city to make it more accessible.

R33

Leash and licensing laws be enforced.

R34

The City educate the community regarding licensing, vaccinations, leash laws, spaying and neutering.

R35

The City establish a fee schedule for costs incurred in animal control.

R36

All record keeping relating to animal control be current.

R37

State guidelines be followed for the ultimate disposal of any animal. 7

R38

Polaroid photographs of impounded dogs be posted at city hall in order for citizens to see if their dog has been impounded. City of Parlier's Response to Recommendations #31 - #38: See . CARPETING OF PARLIER CITY HALL Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R39

The Parlier Municipal Code and Purchasing Ordinance be followed.

R40

Shortcuts that violate the existing code not be considered. City of Parlier's Response to Recommendations #39 and #40: See . CODE ENFORCEMENT IN PARLIER Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R41

Page 16

The present policy of code enforcement be changed to a more aggressive system which addresses all violations existing in the City of Parlier.

R42

Page 16

Written policy and procedures be developed to provide for the tracking and documented resolution of all complaints.

R43

Page 16

The city hire a code enforcement officer, supported with sufficient staff.

R44

Page 16

Adequate training be provided for the code enforcement officer and staff, including instruction in property owner and tenant rights.

R45

Page 16

A written manual providing guidelines on how to resolve code enforcement disputes be developed and implemented.

R46

Page 16

The City of Parlier inform and educate the public on current code enforcement policy.

R47

Page 16

A current copy of the Parlier Municipal Code be available for public use at City Hall and the public library. City of Parlier's Response to Recommendations #41 - #47: See . PERSONNEL MANAGEMENT WITHIN THE CITY OF PARLIER Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R48

Page 16

The City of Parlier formulate and implement written policies and procedures regarding labor relations.

R49

Page 16

The City develop written job classifications for all positions and issue them to all employees.

R50

Page 16

The City require department heads to adhere to the PMC sections covering their areas of responsibility.

R51

Page 16

A current copy of the PMC be made available to City Council members. 9

R52

The City prepare, and provide to all employees, a handbook informing them of employee rights as stated in the PMC.

R53

Employees be advised, in writing, of their rights of representation at all disciplinary hearings.

R54

Written annual job performance evaluations of all employees be conducted, a copy placed in the employee’s permanent file and a copy provided to the employee.

R55

A written salary schedule for each position be prepared and a copy made available to each employee.

R56

The city develop and issue a written policy regarding advancement and salary increases. City of Parlier's Response to Recommendations #48 - #56: See . NEPOTISM IN THE CITY OF PARLIER Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R57

PMC section 4.01.080 be rewritten to more clearly state the city’s policy on nepotism as defined by Merriam-Webster’s Collegiate Dictionary, “favoritism shown to relatives or close friends by those in power (as by giving them jobs).”

R58

The policy of the city be to recruit, employ, and promote the best-qualified individuals. City of Parlier's Response to Recommendations #57 and #58: See . PARLIER PERSONNEL HEARING BOARD Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R59

The current PHB be dissolved.

R60

The position for citizen at large be advertised (noticed).

R61

The position for citizen at large be posted at City Hall.

R62

All citizens who submit applications for this position be given equal consideration. City of Parlier's Response to Recommendations #59 - #62: See . PARLIER POLICE DEPARTMENT Recommendation The 2000-01 Fresno County Grand Jury recommends that:

R63

The 2000-01 Fresno County Grand Jury recommends that the Parlier Police Department be closed immediately and the policing of Parlier be contracted with the Fresno County Sheriff. City of Parlier's Response to Recommendation #63: See . A Community with a vision to the future. Una Comunidad con vision al futuro Incorporated November 14, 1921 Founded 1876 July 24, 2001 Honorable Gary D. Huff Presiding Judge Superior Court County of Fresno 1100 Van Ness Avenue Fresno, CA 93721 Dear Judge Hoff: Enclosed please find the City of Parlier's response to the 200-2001 Grand Jury Report. The City was quite disappointed with the quality of work performed by the Grand Jury, and found and determined that many of the findings were incorrect. Nevertheless, there were many useful recommendations that will be put in place. Sincerely, Michael R. Swigart City Manager Enclosures 1100 E. Parlier Avenue, Parlier, California 93848 .(559) 646.3545 FAX (559) 646-0416 12 A Community with a vision to the future. Una Comunidad con visión al futuro Incorporated November 14, 1921 Founded 1878 Staff Report Date: 07172001 To: Mayor, Council From: City Manager Council Meeting of July 17,2001 G. City Manager/Executive Director Reports Item g.4, Grand Jury Recommendations Recommendation: 1. Receive Recommendations from the Grand Jury;

R64

Continue the broad public education program to increase awareness of the need to meet recycling goals. Response to Recommendation 64: The City has implemented the recommendation. The Solid Waste education budget has been increased for FY 02 specifically for this purpose. Broad recycling education programs are ongoing, with acceleration of effort planed for a spring of 2003 multi- media campaign.

R65

Tailor educational efforts to target each culture within our community in a way that has proven most effective for that group. City of Fresno City Hall • 2600 Fresno Street • Fresno, California 93721-3601 (559) 498-4591 • FAX (559) 488-1015 • www.ci.fresno.ca.us 28 Fresno County Grand Jury October 3, 2001 Response to Recommendation 65: The City has not yet fully implemented the recommendation. Solid Waste is developing educational strategies to fit several linguistic and cultural specialized groups. A media consultant with multi-cultural expertise will be retained in FY 02, while we are currently working with EOC and several community groups to tailor educational messages and venues to maximize results. FRESNO CITY PARKS FACILITIES Response to Findings: The City agrees with the findings.

R66

Increase the budget to provide for care of new parks. Response to Recommendation 66: The City has implemented the recommendation. The FY02 budget for neighborhood parks was increased by $266, 700 to compensate for the opening of Layne, Kolligian and Pilibos Parks and the Multi-Cultural Corridor and increased operating costs including energy.

R67

Add personnel to help maintain the park sanitation facilities. Response to Recommendation 67: The City has implemented the recommendation. The Parks Division budget was increased during fiscal year 2000-2001 to increase the number of times the outdoor facilities at neighborhood parks are maintained from 5 to 7 times per week, including holidays. Those parks that are staffed with Recreation personnel, which is 27 out of 58, receive at least one additional maintenance visit daily during operating hours. The maintenance level on the regional parks restroom facilities remain at two cleanings per day and a minimum of one additional visit each day by maintenance personnel. Fresno County Grand Jury October 3, 2001

R68

Provide adequate funds for replacement of fixtures with more durable ones. Response to Recommendation 68: The City has not yet fully implemented the recommendation. The four outdoor restroom facilities at Woodward Park are on a four year schedule for complete renovation. The funding source for the improvements is from Crystal Valley Decorating for their Festival of Lights Exhibit. Fixtures at other facilities are replaced when damaged, and the Parks Division is pursuing grants from Federal and State agencies for replacements at other outdoor facilities. CITY COUNCIL INFRASTRUCTURE FUNDS Response to Findings: The City agrees that certain non-capital expenses were authorized out of what is generally called district infrastructure, but disagrees that any cited expenditures were legally or procedurally questionable. Funding sources were used for legally permissible expenditures; general fund sources were used for non-capital expenditures.

R69

Distribution of the City Council discretionary infrastructure funds be reviewed and approved by the City Manager prior to disbursement. Response to Recommendation 69: Expenditures funded from district infrastructure budgets follow standard City procedures for review and payment. Additionally, non-capital expenditures were placed on Council agendas, considered in Council open meetings, and approved by a supermajority vote and subject to mayoral veto.

R70

Consideration be given to reducing the current allotment from $140,000 to $70,000 per district. Fresno County Grand Jury October 3, 2001 Response to Recommendation 70: The Mayor and City Council have recently discussed this matter in public session, and have confirmed the need for resources to be available to expediently resolve infrastructure needs within Council districts. Additionally, the Council has placed a limit of 15 percent of their infrastructure budgets for funding non-capital related expenditures. Finally, the City Attorney's Office is preparing, for Council consideration, a resolution which establishes the criteria for use of Community Service Program Funds. The Council adopted the resolution which is attached as Exhibit '"A".

R71

Carryover of any unused infrastructure funds be eliminated. Response to Recommendation 71: The budgeting of unused infrastructure funds is a policy decision regarding the allocation of limited City resources to the infrastructure needs of the City. The issue is compounded by the timing and process necessary to complete infrastructure projects including, Charter required competitive bidding and approvals necessary to properly expend the funds. The matter was considered by the City Council on August 21, 2001, at which time the funds were appropriated for use in fiscal year 2001-2002.

R72

Future Grand Juries continue to monitor the program. Response to Recommendation 72: Should future Grand Juries choose to monitor the program, City staff will provide requested information as required. CITY OF FRESNO WATER METERS Response to Findings and Conclusions: The City agrees with findings A through F, Findings H and I, and Conclusion C. Regarding Finding G which stated that “”Water Police" have been inactivated due to lack of funds", it is correct that the program of proactive water waste patrols was de-funded. The principal reason however, was not a lack of funds but was a policy decision by the 31 Fresno County Grand Jury October 3, 2001 previous City administration and previous Council to redirect the resources of the water conservation program. Regarding Conclusion A, the cost of San Joaquin water supply will increase. Contract costs will increase from a current $30 per acre ft to a minimum of $70 per acre ft. Regarding Conclusion B, the cost of installation, maintenance and administration of a residential metering program will be fully offset after full implementation by the anticipated decrease in pumping, water treatment and wastewater treatment costs.

R73

The Mayor, City Council and all civic groups unite to promote the installation of water meters. Response to Recommendation 73: The City has not yet fully implemented the recommendation. The Mayor and Council have all endorsed meters if they are necessary to renew the City's CVP contract. A broad based stakeholders group (Contract Renewal Advisory Group) has been formed to provide feedback and support in the contract renewal process and a referendum on water meters should it become necessary to renew the CVP contract. Timing and need for such a campaign must wait the outcome of current City negotiations with the Bureau of Reclamation. While the Council has authority to place measure on the ballot for voter approval, State law prohibits the City from using public funds to advocate passage or defeat of a local ballot measure. The rationale grounded in case law is that public money cannot be spent to tip the scales in favor of some electors and against others in matters left for the citizenry to decide.

R74

Homeowners and businesses that currently have meters be excluded from further meter installation costs. Response to Recommendation 74:

R75

The City Utilities Department continue to publish average water bills for various family sizes with and without meters. Response to Recommendation 75: Ongoing.

R76

Water police be reactivated to prevent water waste. Response to Recommendation 76: The City has not yet fully implemented the recommendation. This and related conservation program expansions are a condition of the City's Central Valley Project contract renewal and will be re-implemented at the time of contract renewal. In addition, increased conservation funding is anticipated in the FY 03 budget cycle. BASEBALL/MULTI-USE STADIUM Response to Findings: The findings specified as A-M were generally accurate as of the time Grand Jury received its information. Some of the matters are estimated (e.g., annual debt service; final project cost) while other matters are in development (e.g., safety/traffic control plan). City disagrees with Conclusion A; conclusion B is ambiguous; and City disagrees with Conclusion C and D, to the extent that security and traffic plans are in the process of development. These plans will be developed and implemented with the purpose of avoiding or minimizing serious parking impacts except during intermittent, non peak business hours. Fresno County Grand Jury October 3, 2001

R77

The City require an annual independent audit of the financial statements of FDG [Fresno Diamond Group]. Response to Recommendation 77: The recommendation will be implemented as deemed necessary by the City, per Section 17.9 of the lease agreement as follows: “Records of Tenant pertaining to any obligations of Tenant hereunder shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years thereafter. In addition, all books, documents papers, and records of Tenant pertaining to any obligation of Tenant pursuant to this Agreement shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If an audit by the City discloses underpayment in excess of one percent of any monies due the City hereunder, reasonable audit costs shall be reimbursable by Tenant to the City. This Section shall survive expiration or termination of this Agreement."

R78

All seventeen dates the city controls be devoted to for-profit events to enhance the City's revenues. Response to Recommendation 78: The recommendation will not be implemented. Under the lease, the City is allocated 10 Concession-Using Events, and 7 Non-Concession-Using Events, and it states, in Section 3.6(h): "Non-Concession-Using Events shall generally be partially or wholly sponsored or contracted for by either the City or other not-for-profit organizations (which are not required to be 501 (c)(3) organizations or for charitable purposes." It is the general understanding between the parties that the 7 events would not be "for- profit" events.

R79

The public be assured of coordinated parking and security by FDG and the City. Fresno County Grand Jury October 3, 2001 Response to Recommendation 79: The City has not yet fully implemented the recommendation. Parking plans are being developed (with a consultant's study being completed in September) to provide for stadium event parking, and security plans will be in place by the opening of the stadium. CITY OF FRESNO FIRE DEPARTMENT Response to Conclusions: The City agrees with Conclusion A; disagrees with Conclusions B and D; and agrees in part with Conclusions C, E, and F. Regarding Conclusion C, vehicle status is monitored by the department and equipment is replaced as needed. Regarding Conclusion E, and while the ratio may be accurate, it does not necessarily reflect the ability to provide Fire services within the City of Fresno. Regarding Conclusion F, the implementation is ongoing.

R80

The fire department have a budgeted vehicle replacement plan. The city should consider replacement of vehicles after seven or eight years while they still have significant value on the used fire vehicle market. Response to Recommendation 80: The City has not yet fully implemented the recommendation. While the Fire Department does not currently maintain a specific vehicle replacement plan, vehicles have been replaced as needed, by financing the purchase over a ten year period. The Department is currently developing a draft replacement plan for consideration.

R81

The inventory of fire fighting tools be increased so that all spare engines/tools are fully equipped. Response to Recommendation 81: The City has implemented the recommendation. Active engines and trucks equipped with necessary tools. Reserve engines and trucks are currently equipped with a minimum of tools; typically hose and small tools on engines, and ladders and small 35 Fresno County Grand Jury October 3, 2001 tools on trucks. The balance of the inventory is stocked when a front line engine or truck is out of service for repairs. When reserve apparatus is temporarily placed in service as a new company, it operates with existing equipment. In those cases when additional equipment is needed to perform a task, the equipment from other apparatus on scene is utilized.

R82

The city recognize the need to increase the number of fire fighting personnel. Response to Recommendation 82: The City has not yet fully implemented the recommendation. The City recognizes that the 0.58 firefighters/1000 population is at the low end of national and regional standards. However, these standards do not take into account specific service needs of Fresno. The City will continue to pursue options for increasing Fire Department staffing in future budget deliberations.

R83

The City of Fresno revisit its traffic light preemption plan and budget funds to complete this program: Response to Recommendation 83: The City has not yet fully implemented the recommendation. The intersections of Herndon and West, and Clovis and Clinton currently have the Opticom traffic preemption device. Fire apparatus specifications have included the Opticom transmitter as emergency warning equipment to be installed since 1998. Nine of our thirty one fire apparatus are equipped with an Opticom transmitter. The City implementation of this program will continue to be a priority in future budget deliberations. The Fire Department is continually reviewing opportunities for improving response times, and will present a report of such opportunities as part of the fiscal year 2001-2002 budget process. Fresno County Grand Jury October 3, 2001 ELKHORN CORRECTION FACILITY Response to Findings:

R84

The Fresno Fire Department develop a plan to reduce response times to the NFPA standards. City of Fresno’s Response to Recommendations #80 - #84: See . Daniel G. Hobbs City Manager October 3, 2001 Mr. Rick Allen Van Ness #102 Fresno, CA 93721 Dear Mr. Allen: SUBJECT: 2000-2001 GRAND JURY RECOMMENDATIONS The following contains the City of Fresno's response to the 2000-2001 Grand Jury

R85

The PA/PG evaluate the use of the County Treasury Pool. Response: The option of putting the Public Guardian funds with the County under the Auditor-Controller/Treasurer-Tax Collector was carefully investigated. This Department decided that it was not a viable option because: 1) The Department loses control of the citizens' funds. Currently, when a vendor fails to respond in an adequate manner, the funds are immediately transferred to an institution providing more satisfactory services. It would be unlikely that we could remove the funds from the County's control once they are delivered whatever the level of service. 2) Limitations within the Auditor-Controller/Treasurer-Tax Collector's Office preclude the guarantee of providing "rush" checks. The Public Administrator/Guardian staff requires access to client's monies on a daily basis to address immediate needs on behalf of their clients. These emergency needs are primarily related to new cases, which are opened on a daily basis. An example of such a need would include payment of utility bills to avoid interruptions of services. 3) The County's investment pool is insured through various means; however, it is not Federal Deposit Insurance Corporation (FDIC) insured as required by the Superior Court. West Nielsen Avenue Fresno, California 93706 Telephone: Public Administrator (559) 268-0139 Coroner (559) 268-0109 Public Guardian (559) 268-0139 Equal Employment Opportunity Affirmative Action Disabled Employer 53 The Honorable Judge Hoff August 27, 2001 Page Two

R86

Storage be improved for case records and client assets. Construction of an on-site storage building would eliminate the need for an expensive off-site mini-storage. Response: This Department initiated this recommendation and, therefore, we concur. The monies being paid to private outside storage companies could largely defray the cost of such storage. Personnel time spent visiting off-site storage would be curtailed. In the meantime the Department has surplused equipment, old computers, and furniture that were housed in the metal shed to provide additional storage space in that facility. The Department, in conjunction with the County Clerk as Records Manager, has also developed a record retention schedule, which was approved by the Board of Supervisors in December 2000 and is being utilized by the Department to eliminate dormant files: The Department submitted a second Capital Improvement Projects request for the 2001-2002 budget year. The County Administrative Office, when made aware of our storage needs, sent a team to evaluate the situation. After several months, no recommendation has been forthcoming.

R87

Evaluate the need for additional deputies due to the implementation of the new Elder Abuse Referral Law SB 1742. Response: We have not yet determined the potential impact of SB 1742 on the Public Guardian's Office nor how such a program will be funded. The Public Guardian will meet with law enforcement agencies and Department of Adult Services to ascertain whether these agencies have been properly trained in the area of adult abuse and to determine the anticipated impact. The Public Guardian is presently in negotiations with the Department of Adult Services for funding to add an additional deputy position to expedite cases referred from Adult Protective Services. An agreement is expected to be forthcoming.

R88

PA/PG add the services of a Registered Nurse to staff. This person would aid in evaluating and inspecting medical care facilities as well as review proposed client treatment and prescription history. Response: This position was included in the Department's 2001-2002 budget request but not recommended by the County Administrative Office. The Honorable Judge Hoff August 27, 2001 Page Three

R89

PA/PG evaluate the purchase of Long Term Care Insurance for those clients who would be eligible. Response: The need for long-term care insurance is reviewed on a case by case basis by the Public Administrator/Guardian staff. These reviews have not resulted in such a service being determined to be in the client's best interest. The need is continuing to be reviewed on a case by case basis.

R90

A plan be developed for a new morgue before the County reaches a crisis situation. Response: Over 20 years ago after touring various morgues the County built a nearly state-of- the-art facility in a 32 year-old building. The building is now 54 years old and lacks proper electricity, proper plumbing, proper cooling and proper heating. A similar tour of morgues today shows that we are deficient in such areas as special airflow rooms to reduce possible contamination by tuberculosis and other diseases, pneumatic doors to prevent bloody gloves from contaminating doorknobs, storage, etc. There is a shortage of forensic pathologists. These doctors can easily find employment in communities of their choice. Our aging facility handicaps our recruiting efforts. Ideally, a new morgue should be placed in the vicinity of the Community/University Medical Center to serve as an educational opportunity for medical students and other physicians doing their rotation in Fresno.

R91

A commercial washing machine be purchased for on-site laundering needs and/or use a commercial laundry. Response: Currently this Department uses a non-commercial washer and dryer. Due to the nature of the work in this office, these machines do not hold up well to the types of materials that are cleaned and dried and the cleaning agents that are used. Use of commercial laundry with their garment requirements has not proved satisfactory in delivery and scheduling because of limited volume and cost benefit. Based on the recommendation and the above noted factors, this Department will include in next fiscal year's budget a request for a commercial grade thirty-five pound washer and a commercial graded fifty pound dryer. It is expected that these machines will have a much longer service life and lower the maintenance cost of the units we now use. The estimated cost for the commercial units described above are expected to be approximately $6,000.00, delivered and set up. The Honorable Judge Hoff August 27,2001 Page Four

R92

Reference be made to the Grand Jury reports of 1998/99 and 1999/2000 regarding the need for improvement of record storage. Response: The Response to Recommendation #86 reflects the facility storage concerns for the entire Department and would address such issues as record storage. Very truly yours, David M. Hadden, M.D. Fresno County Coroner-Public Administrator/ Public Guardian DMH:slb 56 MENDOTA UTILITY BILL COLLECTIONS Recommendations The 2000-01 Fresno County Grand Jury recommends that: 93. The monthly shutoff list and notices be reviewed by an individual independent of the accounting department of the City of Mendota. 94. The subject of outstanding utility bills be reviewed during the annual financial audit conducted by an outside auditor. 95. The City establish and maintain training for all employees on the use of the Municipal Code and written procedures and policies regarding the collection of utility bills. City of Mendota’s Response to Recommendations #93 - #95: See . ELKHORN CORRECTIONAL FACILITY Recommendations The 2000-01 Fresno County Grand Jury recommends that: 96. The Fresno County Board of Supervisors review commitments made in the February 11, 1997, letter issued by a former County Chief Administrative Officer and assure the neighbors of ECF that the County intends to honor these commitments. If certain commitments cannot be met, the County should negotiate with the neighbors to reach an equitable arrangement. Fresno County’s Response to Recommendation #96: Fresno County agrees with the

R93

The monthly shutoff list and notices be reviewed by an individual independent of the accounting department of the City of Mendota.

R94

The subject of outstanding utility bills be reviewed during the annual financial audit conducted by an outside auditor.

R95

The City establish and maintain training for all employees on the use of the Municipal Code and written procedures and policies regarding the collection of utility bills. City of Mendota’s Response to Recommendations #93 - #95: See . ELKHORN CORRECTIONAL FACILITY Recommendations The 2000-01 Fresno County Grand Jury recommends that:

R96

The Fresno County Board of Supervisors review commitments made in the February 11, 1997, letter issued by a former County Chief Administrative Officer and assure the neighbors of ECF that the County intends to honor these commitments. If certain commitments cannot be met, the County should negotiate with the neighbors to reach an equitable arrangement. Fresno County’s Response to Recommendation #96: Fresno County agrees with the

R97

The Board of Supervisors continue to fund and maintain the present level of services at ECF. Fresno County’s Response to Recommendation #97: Fresno County agrees with the

R98

The City of Fresno continue to fund Elkhorn Correctional Facility at no less than the current rate of $1,000,000 per year with no sunset provision. Response to Recommendation 98: The City will not implement the recommendation, as stated. The City of Fresno's position is to continue the present commitment to fund the ECF for the balance of the nine years, if the ECF stays at the current 200 bed capacity both in staffing of correctional personnel and commitments to the facility. City recognizes that as long- term solutions Juvenile Hall expansion is still several years away, it essential that County maintain the ECF as a rehabilitation center for nonviolent Juvenile offenders. It is neither wise, nor sound policy for the City at this time to make a perpetual commitment for these reasons: a perpetual commitment is subject to availability of funding; a perpetual commitment is subject to revocation by a future Council on a variety of grounds; future City-County agreements may require the need to revisit future funding; a future Council may determine that City resources are more urgently needed to fund other related programs (crime prevention, after school programs, etc.) other than confinement costs; making a minimum commitment now may discourage greater, participation by Fresno andlor other cities in the County, should the need arise. Under the above circumstances, making such a minimum commitment now would be misleading and unproductive. In sum, the City is encouraged by the present level of activities of the ECF, and will consider future opportunities to involve itself and other cities in the county to support the program in the most appropriate means then available. Fresno County Grand Jury October 3, 2001 BRIEFING BOOK FOR NEWLY ELECTED OFFICIALS Response to Findings: City agrees with the need and desirability for newly elected officials to receive a minimum and appropriate level of orientation in the new position, and the information needed and legally available to get up to speed on pending issues as expeditiously as possible.

R99

The County provide boot camp facilities for female juvenile offenders. Fresno County’s Response to Recommendation #99: Fresno County agrees with the

R100

The 2000-01 Grand Jury recommends that Future Grand Juries continue to monitor the activities at the Elkhorn Correctional Facility.

Recommendations 99