Nevada County Grand Jury
• 2005-2006
Received JAN 3 0 2007 Nevada County Board of Supervisors Wada Count*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 25 findings
F1
For the fiscal year 2005-2006, Nevada County projected to distribute 72 monetary programs totaling $4,195,995 to various Outside Service Providers (OSPs).
F2
Nevada County is responsible for monitoring programs issued by the County to OSPs to ensure they provide the funded service in an effective and efficient manner.
F3
Selected services are provided by OSPs because they are more cost effective than equivalent services provided directly by the County.
F4
In reviewing the information obtained from the Office of the County Executive Officer many acronyms were used and are defined in a glossary (see Appendix A).
F5
These programs are funded as follows (see Appendix B): a. 6 programs totaling $208,771 from County funds b. 5 programs totaling $456,674 from Federal funds c. 30 programs totaling $2,216,964 from a combination of Federal, State and County funds d. 4 programs totaling $360,495 from other sources e. 27 programs totaling $953,091 from State funds
F6
These programs are directed to the following areas (see Appendix C): a. 6 programs totaling $520,595 are focused on economic development b. 61 programs totaling $3,558,203 were awarded to various outside service providers (including non-profits) to provide social services including child care, elder care, drug abuse treatment, transportation, and mental health c. 5 programs totaling $117,197 were provided to the County Superintendent of Schools office and various schools to support programs for children
F7
Of the 61 OSP programs mentioned above in 6b, 7 totaling $432,537 provided funds to organizations outside of Nevada County (see Appendix D). These programs include mental health and child care services being provided by agencies outside Nevada County because there are no known facilities and/or OSPs available within Nevada County capable of providing or having the capacity to provide these services.
F8
Nevada County does not currently maintain an ongoing consolidated listing of the programs funding the OSPs. Grand Jury 0506 Audit and Finance CONCLUSIONS
F9
The monthly average of donations received in 2005 was $2,869. The monthly average spent to meet emergency needs was $2,908. Grand Jury 0506 City Hospitality House
F10
The CVB representatives stated in written reports that, out of concern for the public safety and protection of the beneficial uses of the downstream waters, SD#1 should capture this sewage spill with one of two County-owned vactor trucks and transport it to another WWTP. (Sources 3, 7)
F11
SD#1 and Environmental Health Department staff stated in a written response to the first (Source 3) of these reports that the environmental impact of the spill was small because of: (i) its relatively small average flow of 20,000 gpd (equivalent to the flow from a 1- inch hose), (ii) limited use by humans of Gas Canyon Creek during the time of the spill (only one dwelling was inhabited near Gas Canyon Creek downstream of the accident), Grand Jury 0506 COUNTY (iii) substantial dilution of the raw sewage by heavy water flow in the creek from the severe winter storms that precipitated and followed the accident, and (iv) tests by the Nevada Irrigation District (NID) indicated that the spill was not causing a measurable negative impact on the source of its water supply. (Source 4)
F12
SD#1 staff decided at the time of the accident to focus their efforts immediately on installing a replacement pipe to transport the sewage to the Cascade Shores WWTP, rather than on creating a temporary containment for the spill, piping the contained sewage into vactor trucks, and transporting it to another WWTP.
F13
Lines of communication between SD#1 and outside resources and agencies, including the CVB, are specified in myriad emergency plan documents for each WWTP zone. These documents include Emergency Action Plans, Sanitary Sewer Overflow Response Plans, and Business Plans.
F14
Specification of lines of communication from the CVB to SD#1 are included in an annual report submitted by SD#1 to the CVB for each of the three stream-discharge WWTPs.
F15
According to The Union (December 13, 2003), during the week of December 9, 2003, the town of Colfax, less than a square mile in area with a population of about 1,600, located just east of the Nevada County line, was penalized about $350,000 by CVB for a myriad of wastewater permit violations spanning several years.
F16
A 2003/2004 Grand Jury Report identified the possibility of substantial fines being levied against SD#1.
F17
In a letter dated August 10, 2005, the CVB proposed a total penalty (Administrative Civil Liability) against the SD#1 Cascade Shores WWTP, in the amount of $574,000. This amount was an accumulation of (i) 177 mandatory minimum $3000 penalties totaling $531,000 for violations dating back to April 30, 2000, (ii) a $33,000 CVB-estimated economic benefit of allowing the landslide sewage spill to continue for nine days, plus (iii) $10,000 to cover estimated CVB administrative costs (Source 7). In subsequent discussions between SD#1 staff and the CVB, the 177 MMPs were reduced to 166 MMPs totaling $498,000.
F18
At the time the $574,000 penalty was proposed, SD#1 was keeping a file of CVB- required self-reported violations, but it was not keeping a running log of violations and MMPs, nor their cumulative financial magnitude, for any of the three stream-discharge WWTPs (Cascade Shores, LOP, and LWW).
F19
SD#1 later prepared lists of MMPs and their cumulative dollar amounts for LOP and LWW and documented them in a memo of February 6, 2006 (Source 8).
F20
The SWRCB has indicated that the Cascade Shores WWTP may be qualified, by virtue of its ratepayers' low median income level, to apply the $498,000 of MMPs toward the required upgrade of the WWTP by September 2007. Funding to cover upgrade costs is being sought from grants, insurance claims, and low interest loans. Grand Jury 0506 COUNTY
F21
The median income of the ratepayers in the other two stream-discharge WWTPs in SD#1 (LOP and LWW) may be too high to permit application of their cumulative MMP fines against the cost of their required upgrades.
F22
SD#1 consultant reports state that the LWW WWTP cannot meet the required higher effluent water quality standards prior to scheduled plant upgrades (Source 8).
F23
The Board of Supervisors has approved a request to add a Principal Engineer in DOTS to help with the numerous demands on SD#1 staff.
F24
Minutes from SD#1 Board of Directors meetings are included as part of the Nevada County Board of Directors meetings, and now are also published separately. All these documents are available via http://new.mynevadacounty.com/clerkofboard/.
F25
Hearings are in progress for California Senate Bill 1733 on water quality civil penalties. Among several paragraphs explaining the purpose of the bill, its author states, "Senate Bill 1733 attempts to provide assistance to [small rural] communities that are trapped in a cycle that vacillates between non-compliance and the inability to upgrade to meet compliance standards." CONCLUSIONS
Recommendations 25
-
R1The Board of Supervisors should direct County staff to create, maintain, update and utilize a computer aided County system for administering programs to Outside Service Providers. RESPONSES Nevada County Board of Supervisors - August 14, 2006 Grand Jury 0506 Audit and Finance
-
R2Nevada County is responsible for monitoring programs issued by the County to OSPs to ensure they provide the funded service in an effective and efficient manner. Agree
-
R3Selected services are provided by OSPs because they are more cost effective than equivalent services provided directly by the County. Partially agree. This is true in some instances, however the decision to use an OSP may be due to the OSP's expertise in providing a particular service, the County's desire to build specific delivery capacity in the community or the fact that the County has not already established this service.
-
R4In reviewing the information obtained from the Office of the County Executive Officer many acronyms were used and are defined in a glossary (see Appendix A). Partially agree. Acronyms were used, and for the most part
-
R5These programs are funded as follows (see Appendix B): a) 6 programs totaling $208,771 from County funds Agree These six identified programs are funded with either County General Funds or with County Birth Certificate Fees. b) 5 programs totaling $456,674 from Federal funds Partially agree The Progress House contract in the amount of $216,686 is funded by a combination of Federal, State and County funds. The 4 other programs referenced total $239,998. c) 30 programs totaling $2,216,964 from a combination of Federal, State and County funds Agree d) 4 programs totaling $360,495 from other sources Partially agree. There is only one Grantor to the County (CDBG) for a total amount of $360,495 that spanned multiple years including both FY 04-05 and part of FY 05-06. The grant ended 8/31/05. e) 27 programs totaling $953,091 from State funds Disagree Only 8 of the listed programs in this category are purely State funds. These total $203,758. Many of the funds from the State include federal dollars passed through to the County along with state dollars. MediCal dollars are federal funds. Realignment dollars are county funds provided through state sales tax and Motor Vehicle License Fee receipts. Community - Development Block Grants are federal dollars passed through the state. Funding from the State Board of Corrections includes federal dollars. State Department of Alcohol and Drug Programs include federal dollars. Additionally, the Nevada County Council on Alcoholism, dba Community Recovery Resources (CORR) contract for substance abuse prevention and treatment is funded through Ward/Other/Grand Jury/gj0506/Outside Service Providers the Community Services Block Grant and County General funds instead of "the Community Development Block Grant (CDBG). Multi year grant, ended on 8/31/05."
-
R6These programs are directed to the following areas (see Appendix C): a) 6 programs totaling $520,595 are focused on economic development Agree b) 61 programs totaling $3,558,203 were awarded to various outside service providers (including non-profits) to provide social services including child care, elder care, drug abuse treatment, transportation, and mental health Agree c) 5 programs totaling $117,197 were provided to the County Superintendent of Schools office and various schools to support programs for children Partially agree Only 2 of these contracts, totaling $81,454 are with the County Superintendent of Schools. The others are with Nevada Joint Union High School, and include programs for Adult GED classes.
-
R7Of the 61 OSP programs mentioned above in 6b, 7 totaling $432,537 provided funds to organizations outside of Nevada County (see Appendix D). These programs include mental health and child care services being provided by agencies outside Nevada County because there are no known facilities and/or OSPs available within Nevada County capable of providing or having the capacity to provide these services. Partially agree. These contracts are for mental health placements, emergency shelter for children involved with Child Protective Services, and for crisis intervention services provided locally by a contractor whose headquarters are outside the County. The out of county mental health services are primarily Institutes for Mental Disease, inpatient psychiatric hospitals, board and care facilities, residential treatment facilities and placement. Placement out of county can be inconvenient for consumers and family members. However, Nevada County (and most small counties) is too small to support the total array of mental health services needed, making it necessary and cost effective to contract with out of county providers.
-
R8Nevada County does not currently maintain an ongoing consolidated listing of the programs funding the OSPs. Partially agree. (See response to Recommendation No.1) Ward/Other/Grand Jury/gj0506/Outside Service Providers Recommendations: The Board of Supervisors should direct County staff to create, maintain, update and
-
R9landslide on May 9, 2005. As a result, raw sewage spilled into Gas Canyon Creek at an average rate of approximately 20,000 gallons per day (gpd) for nine days. (Source 4) Agree The CVB representatives stated in written reports that, out of concern for the public safety
-
R10and protection of the beneficial uses of the downstream waters, SD#1 should capture this sewage spill with one of two County-owned vactor trucks and transport it to another WWTP. (Sources 3, 7) Agree
-
R11SD#1 and Environmental Health Department staff stated in a written response to the first (Source 3) of these reports that the environmental impact of the spill was small because of: (i) its relatively small Average flow of 20,000 gpd (equivalent to the flow from a 1-inch hose), (ii) limited use by humans of Gas Canyon Creek during the time of the spill (only one Ward/Other/Grand Jury/gj0506/Sewage BOS/SD#1 dwelling was inhabited near Gas Canton Creek downstream of the accident), (iii) substantial dilution of the raw sewage by heavy water flow in the creek from the severe winter storms that precipitated and followed the accident, and (iv) tests by the Nevada Irrigation District (NID) indicated that the spill was not causing a measurable negative impact on the source of its water supply. (Source 4) Agree SD#1 staff decided at the time of the accident to focus their efforts immediately on installing
-
R12a replacement pipe to transport the sewage to the Cascade Shores WWTP, rather than on creating a temporary containment for the spill, piping the contained sewage into vactor trucks, and transporting it to another WWTP. Agree Lines of communication between SD#1 and outside resources and agencies, including the
-
R13CVB, are specified in myriad emergency plan documents for each WWTP zone. These documents include Emergency Action Plans, Sanitary Sewer Overflow Response Plans, and Business Plans. Agree Specification of lines of communication from the CVB to SD#1 are included in an annual
-
R14report submitted by SD#1 to the CVB for each of the three stream-discharge WWTPS. Agree According to The Union (December 13, 2003), during the week of December 9, 2003, the
-
R15town of Colfax, less than a square mile in area with a population of about 1,600, located just east of the Nevada County line, was penalized about $350,000 by CVB for a myriad of wastewater permit violations spanning several years. Agree A 2003/2004 Grand Jury Report identified the possibility of substantial fines being levied
-
R16against SD#1. Agree In a letter dated August 10, 2005, the CVB proposed a total penalty (Administrative Civil
-
R17Liability) against the SD#1 Cascade Shores WWTP, in the amount of $574,000. This amount was an accumulation of (i) 177 mandatory minimum $3000 penalties totaling $531,000 for violations dating back to April 30, 2000, (ii) a $33,000 CVB-estimated economic benefit of allowing the landslide sewage spill to continue for nine days, plus (iii) 10,000 to cover estimated CVB administration costs (Source 7). In subsequent discussions Ward/Other/Grand Jury/gj0506/Sewage BOS/SD#1 between SD#1 staff and the CVB, the 177 MMPs were reduced to 166 MMPs totaling $498,000. Agree
-
R18At the time the $574,000 penalty was proposed, SD#1 was keeping a file of CVB required self-reported violations, but it was not keeping a running log of violations and MMPs, nor their cumulative financial magnitude, for any of the three stream-discharge WWTPs (Cascade Shores, LOP, and LWW). Agree
-
R19SD#1 later prepared lists of MMPs and their cumulative dollar amounts for LOP and LWW and documented them in a memo of February 6, 2006. (Source 8) Agree
-
R20The SWRCB has indicated that the Cascade Shores WWTP may be qualified, by virtue of its ratepayers' low median income level, to apply the $498,000 of MMPs toward the required upgrade of the WWTP by September 2007. Funding to cover upgrade costs is being sought from grants, insurance claims, and low interest loans. Agree
-
R21The median income of the ratepayers in the other two stream-discharge WWTPs in SD#1 (LOP and LWW) may be too high to permit application of their cumulative MMP fines against the cost of their required upgrades. Agree
-
R22SD#1 consultant reports state that the LWW WWTP cannot meet the required higher effluent water quality standards prior to scheduled plant upgrades. (Source 8) Agree
-
R23The Board of Supervisors has approved a request to add a Principal Engineer in DOTS to help with the numerous demands on SD#1 staff. Agree
-
R24Minutes from SD#1 Board of Directors meetings are included as part of the Nevada County Board of Directors meetings, and now are also published separately. All these documents are available via http://new.mynevadacounty.com/clerkofboard/. Agree Ward/Other/Grand Jury/gj0506/Sewage BOS/SD#1
-
R25Hearings are in progress for California Senate Bill 1733 on water quality civil penalties. Among several paragraphs explaining the purpose of the bill, its author states, "Senate Bill 1733 attempts to provide assistance to [small rural] communities that are trapped in a cycle that vacillates between non-compliance and the inability to upgrade to meet compliance standards." Agree Ward/Other/Grand Jury/gj0506/Sewage BOS/SD#1 Recommendations: The Sanitation District No; 1 (SD#1) Board of Directors, acting as the Nevada County
Conclusions 54
-
CL1Citizens of Nevada County should be aware that in 2005-2006, the County will distribute more than $4 million of Federal, State, and County money to various Outside Service Providers (OSPs) helping to improve the effectiveness of social services provided to citizens.
-
CL2Funds provided to OSPs are usually targeted for specific services.
-
CL3The County must use certain types of mental health and child care facilities located outside of the County because there are no known facilities or OSPs available within the County that are capable of serving or have the capacity to serve those specific needs. The use of such facilities outside the County can cause a hardship to citizens and their families.
-
CL4A computer aided County system to track over $4 million in programs to the various OSPs would enhance responsible fiscal management and be a tool for identifying possible duplication of services.
-
CL5Homelessness in Nevada County is not an individual city or community issue; it is a regional issue. Regardless of why people are homeless, the fact remains that we have a segment of our population, many of whom are children, who do not have a place to live. Their first recourse is the Nevada County Department of Social Services. Temporary assistance and shelter is available from volunteer organizations, which include the Emergency Assistance Coalition and Hospitality House.
-
CL6A positive attitude toward the homeless is needed to continue raising funds to provide needed services.
-
CL7Substance abuse, lack of affordable housing, and low-paying entry-level employment opportunities are barriers to those who are trying to become self-sufficient. Grand Jury 0506 City
-
CL8Projected annual capital improvement expenditures to upgrade Sanitation District No. 1 (SD#1) wastewater treatment plants (paid by ratepayers, not with County funds) are larger than the total Nevada County budgeted capital improvements for FY 2005/06 and FY 2006/07.
-
CL9Annual sewage rates in SD#1 have been increasing markedly in recent years, and are projected to continue increasing. From fiscal years 2001/02 to 2005/06 (a four-year interval) rates increased by an average of 168% (were 2.68 times larger) for the 5,587 customers in then existing Zones 1 through 9. From fiscal years 2005/06 to 2008/09 (a three-year interval) rates are forecast to increase by an average of 39% for the 5,689 customers in Zones 1 through 11. The average annual sewer bill across zones will have increased from $299 to $1,133 in the total seven-year interval. The largest increases have been in the three stream-discharge zones, which are upgrading their wastewater treatment plants to meet ever stricter water quality requirements.
-
CL10SD#1 policy of staffing the Cascade Shores Wastewater Treatment Plant only part time puts a premium on equipment reliability, an emergency holding tank, and automatic accident control systems.
-
CL11Effective communications between SD#1 staff and the California Central Valley Regional Water Quality Control Board appear to have broken down during the immediate aftermath of the Cascade Shores landslide.
-
CL12Although the DOTS Wastewater Operations organization chart, complete with names, titles and phone numbers of each SD#1 staff member, is included in annual reports to the Grand Jury 0506 COUNTY CVB for each of the three stream-discharge WWTPs, there appears to have been considerable doubt on the part of the CVB as to who was the on-site person in charge at various stages of the Cascade Shores landslide and spill.
-
CL13Large fines (Administrative Civil Liabilities), such as the $574,000 proposed against the Cascade Shores Wastewater Treatment Plant, are a real possibility at Lake Wildwood and Lake of the Pines.
-
CL14It is unlikely that LWW or LOP would qualify as a low median income area, as is Cascade Shores, in order to apply any fines toward required upgrades of their WWTPs; thus, fines may result in increased LWW and LOP sewage rates.
-
CL15Because there was no running log of violations until recently, the SD#1 Board of Directors and the County Executive Officer did not have sufficient information to make appropriate management decisions and to address the mounting potential financial impact of the Mandatory Minimum Penalties.
-
CL16The $350,000 Central Valley Regional Water Quality Control Board penalty in December 2003 against the Colfax Wastewater Treatment Plant should have provided a warning to the SD#1 Board of Directors that similarly large cumulative penalties could be imposed against the three stream-discharge plants in SD#1.
-
CL17Little consideration is given for the special circumstances of small, rural communities served by small Wastewater Treatment Plants. For example, fixed Mandatory Minimum Penalties impact rural sewage service ratepayers significantly more than they impact ratepayers in larger districts, resulting in an unfair burden on rural customers. A $3000 fine levied against Cascade Shores would translate to $36.14 for each of its 83 ratepayers, whereas the same fine for the same violation levied against Los Angeles would translate to a small fraction of a penny for each of its more than two million ratepayers.
-
CL18The complexities of water quality control regulations put a severe burden on small Wastewater Treatment Plant staffs.
-
CL19Recognizing and reporting incidents of suspected elder abuse is critical to protecting our senior citizens.
-
CL20Education aids seniors in ascertaining risk of abuse and how to avoid or counter it.
-
CL21Information is available regarding health and financial questions, investment fraud prevention and scams involving home improvements.
-
CL22Law enforcement and the courts can aid in preventing elder abuse through effective enforcement when acts of abuse do occur.
-
CL23Senior services can help deter abuse through education and assistance programs.
-
CL24The Wayne Brown Correctional Facility is not adequate to accommodate inmates who must be segregated according to classification guidelines.
-
CL25Officer safety and facility security can be compromised when lone, unmonitored officers perform inmate counts within the inmate housing area.
-
CL26Inmates who are not thoroughly searched when they return from outside of Wayne Brown Correctional Facility could import contraband and jeopardize the security of the facility.
-
CL27Holding areas and multi-purpose rooms not routinely searched prior to or after inmate presence could jeopardize the security of the facility and the safety of staff and inmates.
-
CL28The inmate grievance procedure appears adequate. There is a well-established protocol for the review process by higher-ranking officers.
-
CL29The public, including young children, is exposed to a potentially dangerous situation when prisoners are walked to and from the holding facility.
-
CL30The public is exposed to potentially dangerous situations when the inmate worker is left unmonitored.
-
CL31The high-security fence enclosure would enhance security of the holding facility and safety of the officers and public.
-
CL32A new regional correctional facility would benefit the Town of Truckee and the counties of Nevada, Placer, Sierra and El Dorado.
-
CL33Many juveniles entering juvenile hall are determined to be taking several prescription drugs that may be inappropriately prescribed (poly-pharmaceutical drug use).
-
CL34Poly-pharmaceutical drug use can be a serious problem because many wards are in Juvenile Hall because of illegal drug use.
-
CL35The use of non-medical Juvenile Hall staff in the absence of contracted health care providers could lead to misdiagnosis.
-
CL36Lack of eyewash basins in the kitchen and laundry could lead to serious injury to the wards and staff.
-
CL37Some security procedures need improvement.
-
CL38compared to libraries throughout the state. The scope of services provided, the public support evidenced by the numbers of patrons visiting the libraries, the large and active circulation of books and materials, are indicative of a highly successful library system and program. The Nevada County Library revenues rank near the bottom when compared to the
-
CL39operating budgets of other libraries in Group 4.CI The Nevada County Library is under-budgeted, and therefore, must rely on its reserve
-
CL40funds for normal operations. The Library should be in a financial position to save these funds for unforeseen circumstances and future facility expansions. The decrease in the library allocations from the State of California has had a detrimental
-
CL41effect on the Nevada County Library. The Nevada County Library has fewer available books per capita, ranking it near the
-
CL42bottom when compared to other libraries in Group 4. The Nevada County Library staff ratios rank near the bottom when compared to other
-
CL43libraries in Group 4. In spite of the fact that three locations are significantly space limited and "bursting at the
-
CL44seams", the annual Nevada County Facilities Master Plan does not include library expansion in the scope of future facility needs. An increase in open hours would improve library services and accessibility to more
-
CL45citizens of Nevada County. The literacy program, while underutilized, is valuable to the community. It enlists
-
CL46numerous volunteer instructors, and could be expanded.
-
CL47Library facilities designated for children and their corresponding programs are exemplary, well staffed and extensively used. The Paws to Read program is an example of a great way to help reluctant reading children want to read. C1 Group 4: Libraries serving populations ranging from 60,000 to 100,000. Grand Jury 0506 Schools and Library
-
CL48The Nevada County Friends of the Library, The Friends of the Truckee Library, and The Nevada County Library Foundation are unique volunteer organizations that contribute to a variety of Library projects. Their programs are commendable in terms of longevity, consistent substantial fund raising, and broad services support to the Libraries.
-
CL49The Nevada County Reads project is a valuable service to the community.
-
CL50NID's $24,000,000 underestimation of revenues over the last six years has had a substantial impact on the rate setting process.
-
CL51Delays in completing more than 50% of scheduled projects have resulted in increasing the cost of projects.
-
CL52The current NID practice of under-running the Capital budget due to delays in project schedules has contributed significantly to year end surpluses.
-
CL53A perceived under-funding of the Operations and Maintenance (O&M) budget has been the basis of much of NID's proposed rate increases.
-
CL54The recently adopted process of budgeting day-to-day operations separately from construction program requirements appears to be a valid way to manage and control revenues and expenses.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.