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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Nevada County Grand Jury
• 2003-2004
Franchise Operations Nevada County General Code Reason for Investigation
⚠️ 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 14 findings
F1
In late 2002 and early 2003 two franchise utilities were audited by outside consultants at a cost of $20,000. The audit of USA Media for the period 4/99 through 6/02 has since resulted in additional revenue of $23,899. The audit of AT&T Broadband (now Comcast), for the period of 10/98 through 9/02 yielded additional revenue of $79,636.35.
F2
California State Law (Broughton Act) sets forth a complex formula by which public gas and electric utilities calculate the amount of franchise fees due local governments. The County accepts without verification and on a good faith basis the components used by the utilities in calculating the franchise fees.
F3
After several prior extensions of Board Orders, on October 7, 2003 the BOS again extended the deadlines for completion of the Franchise Code update and for implementation of a regular franchise fee audit program to June 30, 2004.
F4
The Grand Jury was informed that a new franchise agreement, more favorable to the County and with a straightforward assessment formula was negotiated with Waste Management for the disposal of solid waste in western Nevada County. This new agreement went into effect January 1, 2004.
F5
Because the franchise contract for eastern Nevada County with Tahoe Truckee Disposal Company is terminating, the BOS requested the Auditor-Controller to conduct audits of this franchisee for the years 2001, 2002, and 2003 to determine that the proper fees had been paid. In a status report at its April 6, 2004 meeting, the BOS was advised that the Tahoe Truckee Disposal Company audit was not completed but should be done by June 30, 2004
F6
The Grand Jury was advised that a renewal agreement, currently being negotiated between the County and Comcast, will serve as the basis for the cable TV franchise code in Western Nevada County. This cable TV code will be presented to the BOS for approval sometime in June 2004.
F7
The Grand Jury was also advised that a schedule has been set up in the Auditor- Controller’s office to audit all cable franchisees every 3 years.
F8
The franchise fees collected for the past five years are shown in the following table: FISCAL YEAR CABLE TV ELEC/GAS SOLID WASTE TOTAL 98/99 $ 173,056.18 $ 220,999.73 $ 258,861.65 $ 652,917.56 99/00 1 48,184.04 2 46,193.61 2 46,077.53 6 40,455.18 00/01 1 63,520.99 2 43,160.96 2 23,222.35 6 29,904.30 01/02 1 54,833.50 3 34,085.04 3 09,350.15 7 98,268.69 02/03 1 52,410.39 3 44,818.42 3 01,711.68 7 98,940.49 TOTAL $ 792,005.10 $ 1,389,257.76 $ 1,339,223.36 $ 3,520,486.22 CONCLUSIONS
F9
At its July 23, 2002, meeting the BOS heard testimony from the Scientific Coordinator and various local planners and participants in the study. When asked by the BOS the estimated value of the work and data that had been compiled to date, one of the scientists who performed the peer review estimated that "the GIS1 work alone would have been in the $300,000 to $500,000 range and the fieldwork was in the $250,000 range." 1 Geographic Information Systems.
F10
Nevada County reported $167,195 in expenses and $146,805 in staff time for a total of $314,000. Sierra Business Council's contribution to the project was $650,055 that covered wages, benefits, mapping, verification, meeting costs, publications, and related expenses.
F11
Over 35 volunteers from forestry, agriculture, business, development, recreation, etc. collaborated to develop recommendations for the project.
F12
The final product of the amended project is the 600-page Natural Resources Report (NRR) detailing Nevada County's natural resources, watersheds, a GIS database and aerial photographs. The report is currently available on the county web site2.
F13
On August 12, 2003, the BOS, by a 3-2 vote, passed resolution 03-384 that qualified use of the data gathered, stating: "The NRR and associated GIS data is not to be used as a sole source when preparing baseline environmental documentation" for items such as land use or other county projects or for updating the General Plan. In addition, the resolution stated: "No further county funds or other resources... are to be used in updating or maintaining the currency of data and information in the NRR."
F14
Resolution 03-384 also directed County staff to place the following disclaimer on the County website NRR, all unsold hard copies and discs, and on any reports generated from the NRR, and to have adhesive labels printed and disseminated to all who had previously received NRR documents: "DISCLAIMER: THERE HAS BEEN NO FORMAL ACCURACY ASSESSMENT TESTING PERFORMED ON THE NRR GIS LAYERS AND THERE IS NO STATISTICAL BASIS FOR CLAIMS OF ACCURACY FOR INDIVIDUAL DATA THEMES." CONCLUSIONS
Recommendations 14
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R1Again, the Grand Jury strongly urges the Board of Supervisors to instruct the County Executive Officer, County Counsel and the Auditor-Controller to finally complete the update to Nevada County General Code Chapter II: Franchises.
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R2The Auditor-Controller should develop a plan that will ensure that staff is provided with appropriate training to establish written procedures for regular internal audits of monies received from all franchisees. RESPONSES Board of Supervisors September 27, 2004 Auditor-Controller August 30, 2004 This document was created with Win2PDF available at http://www.daneprairie.com. The unregistered version of Win2PDF is for evaluation or non-commercial use only.
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R3This goal was to be accomplished "by conducting a county-wide biotic inventory and developing a habitat and open space management plan with specific implementation measures, governance mechanisms and funding options." Once completed, the project was to "serve as the primary vehicle for implementing many of the County and perhaps the Cities' open space and resource protection objectives." The stated intent was to "maintain or enhance: the diversity of plant and animal communities in Nevada County, with an emphasis on special status plant and animal species or species of concern; Nevada County's working landscapes - those lands which support the County's forestry, farming and ranching economy; open spaces for passive outdoor recreation activities, such as walking, biking, . fishing, photography, etc.; watersheds, floodplains and other areas needed to protect public health and safety; and the public's awareness of natural resource values and stewardship • opportunities in Nevada County."
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R4If the NRR report is updated and maintained, it could be used when the county is required to update the General Plan, its habitat management plan, or similar county studies in order to avoid unnecessary additional cost to the taxpayers.
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R5The project goals were also that priority be given to ensuring that the final plan: "is scientifically sound and ensures long-term protection of natural habitats, 0 plant and animal species diversity and open space resources in the County; can be incorporated into the County General Plan and day-to-day planning decisions; emerges from an inclusive and accessible process, with mechanisms for • meaningful involvement and input by all interested citizens; earns widespread public support; engenders positive working relationships between the County and other • agencies, local government entities and collaborative groups in the County and Sierra Nevada region."
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R6As set forth in the MOU, $700,000-800,000 was the estimated cost for the two and-a- half year project. These costs were to be split between Nevada County and the Sierra Business Council, with the County's financial obligation to be "no less than 33%" of the total cost.
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R7At its meeting on May 7, 2002, the BOS voted unanimously to amend the project's work plan. These amendments resulted in ending the project, except for completion of the NRR report by July 31, 2002, and adding a requirement that "the scientific data would be peer reviewed by qualified scientists."
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R8The data was peer reviewed periodically during the project by a seven-member Scientific Advisory Committee established by the MOU. There was extensive field checking, and comments were received from at least another eight scientists, biologists, and local field technicians who had reviewed the five biological documents on the County's website.
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R9At its July 23, 2002, meeting the BOS heard testimony from the Scientific Coordinator and various local planners and participants in the study. When asked by the BOS the estimated value of the work and data that had been compiled to date, one of the scientists who performed the peer review estimated that "the GIS1 work alone would have been in the $300,000 to $500,000 range and the fieldwork was in the $250,000 range." 1 Geographic Information Systems.
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R10Nevada County reported $167,195 in expenses and $146,805 in staff time for a total of $314,000. Sierra Business Council's contribution to the project was $650,055 that covered wages, benefits, mapping, verification, meeting costs, publications, and related expenses.
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R11Over 35 volunteers from forestry, agriculture, business, development, recreation, etc. collaborated to develop recommendations for the project.
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R12The final product of the amended project is the 600-page Natural Resources Report (NRR) detailing Nevada County's natural resources, watersheds, a GIS database and aerial photographs. The report is currently available on the county web site2.
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R13On August 12, 2003, the BOS, by a 3-2 vote, passed resolution 03-384 that qualified use of the data gathered, stating: "The NRR and associated GIS data is not to be used as a sole source when preparing baseline environmental documentation" for items such as land use or other county projects or for updating the General Plan. In addition, the resolution stated: "No further county funds or other resources... are to be used in updating or maintaining the currency of data and information in the NRR."
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R14Resolution 03-384 also directed County staff to place the following disclaimer on the County website NRR, all unsold hard copies and discs, and on any reports generated from the NRR, and to have adhesive labels printed and disseminated to all who had previously received NRR documents: "DISCLAIMER: THERE HAS BEEN NO FORMAL ACCURACY ASSESSMENT TESTING PERFORMED ON THE NRR GIS LAYERS AND THERE IS NO STATISTICAL BASIS FOR CLAIMS OF ACCURACY FOR INDIVIDUAL DATA THEMES." CONCLUSIONS
Conclusions 4
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CL1 Page 3It appears that the County is finally making headway in establishing some meaningful control over a significant source of revenue as witnessed by: • the signing of a new franchise agreement for solid waste disposal in western Nevada County • the audit currently underway of the prior disposal franchisee in eastern Nevada County • the collection of significant past due cable TV franchise fees • the pending renewal agreements for cable TV franchises
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CL2 Page 3Cable franchise audits now are planned for every 3 years. These should result in future collections being more carefully monitored to assure the county receives the full amount of contracted obligations.
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CL3 Page 3Despite prior Grand Jury recommendations, plans are not yet in place for regular audits of other franchises operating within the County.
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CL4 Page 3The Auditor-Controller’s office appears to lack a clear understanding of the methodology and documentation utilized by PG&E in their calculation of fees due the County to assure that remittances are in compliance with the law and established procedures.
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
Nevada County Auditor-Controller
Elected County Office
Nevada County Board of Supervisors
Elected County Office