Tuolumne County 2010-2011 - California Grand Jury Reports

June 16, 2011 — 2011 Grand Jury Report - Part I

90 pages 16 findings 31 recommendations

Findings & Recommendations 16 findings

F1: The lighting in and around the restrooms needs to be improved.

F2: Standard Park has lost billboard rentals due to business closures and the poor economy.

F3: The scoreboards are in need of repair or replacement as several lights are out and the face of some are broken. The playground equipment has aged and is currently under repair. Due to the high water table work has been postponed. It is roped off until approval is complete. The stairs and slide were replaced in February, 2011.

F4: Sonora Tiny Tots program provides safe, developmentally appropriate, preschool opportunities for Tuolumne County children.

F5: Playground and outdoor structures need updating.

F6: Due to the loss of an Activities Director position, cuts in the program offerings have been made.

F7: The Youth Centers provide a variety of programs for youths ages 8-18.

F8: The Youth Centers provide an adult-monitored environment.

F9: Some facilities are in need of basic maintenance and repairs.

F10: The pools hire 40-50 youths each season.

F11: The pools are in need of safety covers and other updated modifications.

F12: The pools are well utilized by the community. An average weekly attendance is 2800 swimmers. The pools are open May-September.

F13: The program provides a unique training opportunity to begin a career with the Forest Service.

F14: Acceptance into the program requires that a student be a high school graduate or enrolled and in good standing with their high school.

F15: The program is posted online, advertised through local schools and TCPRD. Applications are available at TCPRD.

F16: The program has been successful and has met the capacity for enrollment.

Additional Recommendations 31

Not linked to specific findings.

R1: Jury recommendation in error. Vehicles are in good working order. Replacements not required.

R2: Visibility to the community-Union Democrat radio and magazine "Friends and Neighbors"

R3: Budget constraints Grand Jury-2010-2011 Comments: No Comments 19-20 Report:Jamestown Land Fill Responding Dept:Department of Public Works Respondent:Mr. Peter Rei Response Due:28/Sep/10 Response Date Received:24-Jun-10 Grand Jury DispositionACCEPTED Recommendation follow-up:

R4: Dress is appropriate for the job. Logo shirts with SHS are worn.

R5: Grand Jury-2010-2011 Comments: No Comments 61-63 Report:TC Drug & Alcohol Responding Dept: Respondent: Response Due:28-Sep-10 Response Date Received:Not Required Grand Jury Disposition Recommendation follow-up: None Grand Jury-2010-2011 Comments: No Comments 65-66 Report:TC Early Release Responding Dept:Tuolumne County Sheriff Respondent:Sheriff James Mele Response Due:28-Aug-10 Response Date Received:10-Jul-10 Grand Jury DispositionACCEPTED Recommendation follow-up: None Grand Jury-2010-2011 Comments: No Comments 15 Exhibit 3 16 Exhibit 3.2 17 Exhibit 3.3 18 Exhibit 3.4 19 Exhibit 3.5 20 Exhibit 4 CALIFORNIA CODES PENAL CODE SECTION 914-924.6 914. (a) When the grand jury is impaneled and sworn, it shall be charged by the court. In doing so, the court shall give the grand jurors such information as it deems proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. (b) To assist a grand jury in the performance of its statutory duties regarding civil matters, the court, in consultation with the district attorney, the county counsel, and at least one former grand juror, shall ensure that a grand jury that considers or takes action on civil matters receives training that addresses, at a minimum, report writing, interviews, and the scope of the grand jury's responsibility and statutory authority. (c) Any costs incurred by the court as a result of this section shall be absorbed by the court or the county from existing resources. 914.1. When a grand jury is impaneled, for purposes which include the investigation of, or inquiry into, county matters of civil concern, the judge of the superior court of the county, in addition to other matters requiring action, shall call its attention to the provisions of Chapter 1 (commencing with Section 23000) of Division 1 of Title 3, and Sections 24054 and 26525 of the Government Code, and instruct it to ascertain by a careful and diligent investigation whether such provisions have been complied with, and to note the result of such investigation in its report. At such time the judge shall also inform and charge the grand jury especially as to its powers, duties, and responsibilities under Article 1 (commencing with Section 888) of Chapter 2, and Article 2 (commencing with Section 925), Article 3 (commencing with Section 934) of this chapter, Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code, and Section 17006 of the Welfare and Institutions Code. Exhibit 5 California Assembly Bill (AB 622) Civil Grand Juries. Existing law requires each grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year, as specified. This bill would require a civil grand jury to meet with the chief executive or department head of an agency subject to its investigation at least 45 days prior to the issuance of its final report to discuss the nature of the investigation and to receive the comments of the chief executive or department head. By requiring additional duties of local government officials, this bill would impose a state-mandated local program. Existing law provides that a grand jury acting through its foreman and the attorney general or the district attorney may make a joint written request for public sessions of the grand jury, as specified. Existing law provides that if the court, or the judge, finds that the subject matter of the investigation affects the general public welfare, involving the alleged corruption, misfeasance, or malfeasance in office or dereliction of duty of public officials or employees or of any person allegedly acting in conjunction or conspiracy with such officials or employees, the court or judge may make an order directing the grand jury to conduct its investigation in a session or sessions open to the public. This bill would instead require every civil grand jury session in which testimony under oath is given to be open to the public. The bill would allow the grand jury, acting through its foreman, and the Attorney General or district attorney to make a joint request for closed sessions, as specified. Under existing law, no person is permitted to be present during the criminal sessions of the grand jury except the members and witnesses actually under examination, and certain other specified persons, including, among others, the district attorney, an interpreter, and the officer having custody of a prisoner witness while the prisoner is testifying. This bill would authorize any witness who is called to give testimony under oath before a civil grand jury to have counsel present on his or her behalf while he or she is testifying. The bill also would create in any witness who is the subject of a grand jury investigation the right to disclose, in writing, exculpatory evidence to the prosecutor. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Tuolumne County Parks and Recreation Department Reason For Investigation The 2010/2011 Grand Jury decided to look at the Tuolumne County Parks and Recreation Department (TCPRD) as it had not been investigated for some time. The Grand Jury (the Jury) chose to focus attention on youth related facilities and activities: Standard Park, Sonora Tiny Tots, Tuolumne County Youth Centers, Aquatics and the Fire Fighter Training Program.

R6: All fire extinguishers are inspected and serviced annually in compliance with regulations. Grand Jury-2010-2011 Comments: No Comments 14 Exhibit 2.4 INDIVIDUAL DEPARTMENT AND AGENCY RESPONSE GRAND JURY REPORT 2009/2010 Page Ref: 55-56 Report:Transportation & Detention Responding Dept:Tuolumne County Sheriff Respondent:Sheriff James Mele Response Due:28-Aug-10 Response Date Received:10-Jul-10 Grand Jury DispositionACCEPTED Recommendation follow-up:

R7: Members of the community who meet the criteria mandated by NA and AA for instructors are encouraged to volunteer for the jail program, since having more instructors to draw from assures the continuity of the existing program.

R8: No comments required

R9: School maintained Ag classes for year 2010-2011

R10: No comments required Grand Jury-2010-2011 Comments: No Comments 37-39 Report:Tuolumne Airports Responding Dept:Toulomne County Airport Respondent:Mr. Jim Thomas Response Due:28-Sep-10 Response Date Received:28-Jul-10 Grand Jury DispositionACCEPTED Recommendation Follow-up:

R11: Utilize Proposition 40 funds and the RZH grant to make needed repairs and upgrades.

R12: Increase public awareness as to rental possibilities. Look into extending the season. Remarks The Jury found that the Aquatics program continues to not only be a favorite with the community, but is also a large source of employment for the youth of our communities. May it also be noted that, even with the continued fiscal challenges at hand, the pools of Tuolumne County have managed to stay open.

R15: Continue to provide appropriate information to the public regarding classes.

R16: The class is well attended. Offer another one-week session as the need and funding arises. Remarks The Jury wishes to acknowledge Eric Aitken as he was most helpful in providing timely answers to our questions.

R15-18: Report:Animal Control

R19-20: Report:Jamestown Land Fill

R21-23: Report:Community Development

R25-27: Report:Child Welfare Services

R29-29: Report:Senior Center

R31-32: Report:Public Health Department

R33-35: Report:Sonora Union High School

R37-39: Report:Tuolumne Airports

R41-42: Report:UC Coop -Farm Advisor Response Due:28-Sep-10 Response Date Received:3-Aug-10 Grand Jury DispositionACCEPTED Recommendation Follow-up: R3 Weekly newspaper articles and informational booths and on line Q&A Grand Jury-2010-2011 Comments: No Comments

R43-43: Report:Veteran Services

R45-46: Report:Public Defender's Office

R47-49: Report:Sierra Conservation Center

R51-53: Report:Tuolumne County Jail

R55-56: Report:Transportation & Detention

R57-59: Report:Probation Department

R61-63: Report:TC Drug & Alcohol

R65-66: Report:TC Early Release

June 16, 2011 — 2011 Grand Jury Report - Part II

80 pages 13 findings 13 recommendations

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Findings & Recommendations 13 findings

F1: Combining all existing Tuolumne County fire districts and departments under a single management structure would address the following: (a) Improvement must be made in the use of currently available funding. Having a paid staff-member of Fire Chief status in multiple districts and departments is increasing costs unnecessarily. (b) Training and equipment is not consistent among districts and departments. (c) An inventory of County-wide resources, both human and equipment, would be a useful tool in addressing how to provide economical and efficient use of what is available. (d) Parochial attitudes are a barrier to change. Making sure future 10 Interviews 11 CAL Fire Contract 12 Interviews 84 purchases of equipment and training of staff are compatible throughout the system will result in an emergency response capability and potential cost savings beneficial to everyone in the County, not just within a single district. Maintaining the integrity of current benefit assessments so that local taxpayers continue to receive what they voted to gain will be challenging to any proposal combining County-wide resources. (e) Renewal or renegotiation of the CAL Fire Contract must be done with flexibility in mind and with careful attention to administrative cost reduction.

F2: The public’s perception of emergency response is outdated. Actual fire related calls are a small portion of demand. The shift from firefighting to medical response is a large part of increased costs. New funding sources are required to meet the increasing demands for emergency response. Since most of this demand is likely to be in medical response, emphasis must be on how to address these expenses.

F3: Emergency dispatch is complicated. Centralization is needed now. The current dispatching system results in multiple actions necessary to send a response, (Appendix A), as well as errors in dispatching needed resources to the proper location. California Highway Patrol is the only available dispatch for 911 calls made from cellular phones.

F4: It is essential to educate the public about how their demand for services relates to cost. The public’s expectation of service must be defined. What it costs to provide those services must be explained. Funding methods can then be established to provide that level of service.

F5: Volunteer numbers are declining due to several factors. An aging population, the demands on today’s working families and discouragement from some professional firefighters are lesser issues. Training requirements appear to be the main obstacle to recruitment. Lack of opportunity to engage in actual fire fighting appears to be the primary obstacle to retaining volunteers because medical response is usually not their focus. Attrition will always be a factor. It is necessary that recruitment efforts remain constant.

F6: Some volunteer fire stations have a low response rate or are inactive. These stations mislead residents regarding safety-response times and may affect ISO ratings.

F7: The “Amador” Plan allows CAL Fire resources to be used for local structural fire protection during the non-fire season winter months.

F8: Groveland Community Service District provides response outside its district’s boundaries to Mariposa County. Mariposa County assists Groveland when necessary. This cooperation is essential to isolated and remote residents. It has 22 volunteers, successfully uses part-time employees, supports a ROP fire cadet program and has community appreciation activities.

F9: Any centralization of responders will offer savings in some areas and increase costs in others. For some positions, personnel costs are likely to increase as 85 “equal pay for equal work” will be a factor. There are many undefined benefits CAL Fire provides in services and equipment that must be included in a cost analysis. The success of methods to save on maintenance, purchasing and other budget items will vary.

F10: Consolidating into a Community Service District addresses several of the problems of special districts.

F11: Lack of effective personnel management by the TCSD board resulted in lawsuits and grievances which cost the district untold time and money in legal fees and settlements. These issues detrimentally affected the district’s 21 Failure to promulgate the signed Settlement Agreement: Brown Act Govt. Code 140 operating efficiency. Conflict-of-interest regulations appear to have been disregarded when dealing with personnel issues. Complex employee protection regulations demand expertise in personnel management.

F12: Payment to settle a Claim that protested awarding the treatment plant construction contract to other than the lowest responsible bidder increased costs. Customers of TCSD must bear part of the costs of settlement but gain no improvement in services for those dollars.

F13: A Community Services District combining existing special districts serving Tuolumne City could provide a general manager and address the problem of maintaining a full roster of board members.

Additional Recommendations 13

Not linked to specific findings.

R1: The Grand Jury finds that Tuolumne County should consolidate all existing fire districts and departments under a single management system to provide structural fire protection on a year-around basis. (a) A single Fire Chief providing leadership to all responding districts should be considered. The districts would employ Fire Captains and Lieutenants as needed. By whatever method, it is critical that fire command structure is centralized for all responders County-wide. This might be accomplished under the “Single County-wide Fire System - Joint Powers Agreement Option” discussed in the Tuolumne County Fire and First Responder Study. Use of part-time firefighters should be explored to meet staffing demand in all districts/departments. This usually results in cost savings by reducing benefit packages. (b) Training should be standardized and every effort should be made to make it accessible to volunteers. Anyone from outside Tuolumne County that benefits from the consolidated Training Bureau’s courses should pay a reasonable fee for that training. (c) An inventory of resources should be completed that includes what/who belongs to, or is provided by, CAL Fire and must include: • services and equipment Tuolumne County is enjoying without cost through its contract with CAL Fire • what/who does Tuolumne County Fire Department own and supply • what/who does each district/department own and could possibly supply to a coordinated County-wide system This comprehensive and accurate list of assets, including personnel, is crucial in determining how to save money. (The Commission on Fire Accreditation International recommends a system approach known as “Standards of Response Coverage” for use in self-assessment of a fire agency. [ City-gate Assoc. Fire Department Evaluation for the Groveland Community Services District] This approach might be useful for the current evaluation of Tuolumne County fire and emergency response services.) (d) Set aside parochial attitudes and address economic reality by: • using available dollars wisely through coordinated purchasing of supplies and equipment • sharing maintenance of, and training personnel to use, all available equipment 86 • avoid unnecessary duplication of resources • standardize and coordinate training of volunteers • encourage volunteers to be County-wide responders • share educational and public relations efforts (e) While negotiating a new CAL Fire contract, include language that allows phasing out the broader services CAL Fire provides and provides flexibility to address those changes. Maintain the Amador Plan type of winter support for a defined term. Every effort should be made to reduce costs subject to the Administration fee.

R2: Some communities in California are recovering at least part of response costs through various means including charging expenses to auto and homeowner’s insurance coverage, medical insurance coverage, etc. Some are establishing “response fees” both for nonresidents and residents. Consultants are available that specialize in recovery, usually charging a set fee based on a percentage of recovered dollars. Models for in-house recovery systems are available from other local agencies. Success rates vary for both recovery systems. It should be noted, there is currently proposed State legislation to prohibit local agencies from adopting such fees and that some locales that had adopted fees have since dropped them for various reasons. Researching these possible funding sources should be part of the working- group’s effort.

R3: Adding medically qualified personnel to dispatch would result in sending the appropriate level of staff and equipment to a call. It should be determined if such a change would result in the costs to provide skilled staff being recouped by efficiency in response. Establishing a central, well equipped, dispatch center staffed with medically trained personnel serving the entire County must be considered. The possibility of combining County-wide dispatching services with the proposed new CAL Fire Command Center project should be investigated. That investigation should be open to the idea of a single dispatch for all emergency responders. Planning to accommodate change in how 911 calls from cellular phones are currently handled should be included in any new dispatch program.

R4: The cooperative effort demonstrated by participation in the Tuolumne County Fire and First Responder Study is a good foundation for organizing and launching an educational public outreach program. The purpose of this program would be to explain what fire departments are expected to do today, how those demands have affected costs, the viability of volunteer-only stations, and the ongoing need for volunteers. Most importantly, the program should explain why change is necessary. That explanation would benefit from a clear presentation of how demand-for-service expectations relate to what the community can afford to provide. Once people understand that the level of service they expect cannot be provided with existing dollars, they will be more likely to support change. 87

R5: (a) Required training of volunteers should be made as accessible, affordable and flexible as possible. Volunteers should be encouraged to serve County- wide whenever possible. Opportunity to engage in actual fire fighting should be expanded. Any professional firefighter that in any way discourages or disparages the contribution of volunteers should be disciplined. Leadership at all levels should reaffirm the importance of volunteers to the success of fire departments. (b) Local businesses and organizations should be approached to sponsor volunteers with stipends or “scholarships” to help fund training, equipment and perhaps even child care during training sessions. At the very least, employers should be educated on why their cooperation is critical to volunteers they employ. (c) Centralization of volunteer programs under a single leader would improve the potential of gaining new recruits, make training consistent, provide expanded opportunity to participate in responses, and insure better retention of recruits. The program should make use of every good idea available from successful efforts throughout the County and elsewhere. In addition, this program might serve as a public-relations and education coordinator.

R6: All Tuolumne County responders should cooperate in a strategy to improve ISO ratings. Maintaining the existing ratings must be a priority. Water service suppliers are a vital part of this effort, their participation should be requested. Volunteer stations should be re-opened as soon as possible.

R7: Groveland Community Service District has a successful responder program. Elements of its staffing, training, volunteer recruitment and community appreciation programs would be useful models to review for initial centralized management policy.

R8: Studies of the economic issues relative to any consolidation should forecast costs and savings forward at least five years. It is likely consolidation will be costly in its first few years but changes might be very beneficial further out. Projections of this manner are difficult and subject to many influences over which the local agency has no control. All districts/departments in the County should support the Working-Group study of how best to utilize existing resources and demonstrate a willingness to change business models. Remarks Tuolumne County Administrator Craig Pedro provided exceptional cooperation. He and his staff are appreciated for giving up-to-date information as soon as it became available. Assistant County Fire Warden Paul Speer, Groveland CSD Fire Chief Shane Warner, County Fire Warden Mike Noonan and Dennis Townsend were very helpful and informative sources for the Jury. 88

R9: Communities served by several special districts should explore the potential advantages of creating a Community Services District. Tuolumne City and Jamestown have a variety of special districts serving their communities and may find establishing a Community Service District useful.

R10: Same as Recommendation 9. Remarks It appears to the Jury not all special districts follow the applicable local, State and Federal laws and regulations. While recognizing it can be difficult to track and adhere to so many rules, more effort should be made in this regard. Carter Cemetery District appears to be fiscally well managed and benefits from the services of a dedicated Sexton. Both the Twain Harte CSD and Tuolumne Utilities District (TUD) have excellent new member orientation programs. The Tuolumne City Parks and Recreation District and TUD use exceptional policy and administration manuals. TUD is an example of a special district doing many things well. The size of this district is a factor by providing resources not available to smaller districts. An energetic and dedicated General Manager contributes much to this district’s success. Groveland and Twain Harte Community Services Districts maintain informative websites.

R11: TCSD should follow the Personnel Policy and Procedure Manual updated and adopted in April of 2010. TCSD should review that manual annually for compliance with applicable laws and update the manual as required. Special effort should be made by board members to avoid even the appearance of a conflict-of-interest when dealing with personnel. A well-qualified general manager is helpful in dealing with personnel issues.

R12: TCSD should have all documents relative to offering contracts for services reviewed by well-qualified individuals employed by the district. The district should have those reviews presented in writing to the board prior to any action on the contract. The reviews should be kept as part of the Record. The TCSD should follow all public contracting laws and guidelines.

R13: TCSD should participate in a proposal to create a Community Services District combining special districts serving Tuolumne City. Remarks Brenda Bonillo, TCSD Secretary, has been exceptionally helpful. She provided requested documents (at no cost) promptly and with a positive attitude. Evan Royce and John Feriani were very informative and remain committed to the success of TCSD. All TCSD staff contacted by the Jury were helpful, friendly and informative. TEDA staff was extremely cooperative and informative. They provided many documents for the Jury's review and at no cost. Pete Kampa, TUD General Manger, and other TUD staff helped address questions about sewage treatment and the consolidation study. TCSD’s past District Engineer made his personal records available and promptly addressed all questions from the Jury. In an unusual move, TCSD made their past Attorney available to answer questions. 142

Assessor Secured Property Assessment Value and Tax Collection

2 pages

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