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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.

Placer County Grand Jury • 2012-2013

Placer County Winery Ordinance Enforcement Review

14 pages
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Note: Missing finding numbers detected: F10

Findings 14 findings

F1 Page 126
The EIR is progressing. The first phase is completed with the identification of the baseline conditions. Facility Services is currently assessing the baseline conditions and evaluating the benefits of the proposed changes. The baseline report is expected to be published by mid-summer 2013.
F2 Page 126
The EIR costs will be borne by the citizens of Placer County. 105 2012-2013 Placer County Grand Jury
F3 Page 127
On March 12, 2012, CORA and the Fair Association participated in an on-site meeting at the All American Speedway to discuss after-the-fact permits for the speedway ensuring public safety. CORA identified 12 modifications made to the All American Speedway that must be either permitted or removed.
F4 Page 127
On April 30, 2012, a letter from CORA was sent to the Fair Association specifically outlining the after-the-fact permits required by CORA. The Fair Association was totally non-responsive.
F5 Page 127
October 4, 2012, CORA sent a FINAL NOTICE regarding after-the-fact permits for the All American Speedway. Thirty (30) weeks elapsed between the initial letter and the final notice. The Fair Association was non-responsive. The Fair Association stated that they had no funds in the budget to comply with the CORA requirements.
F6 Page 127
The Fair Association failed to meet the contract condition established by the Board of Supervisors which was to secure after-the-fact permits for the 2006-2007 construction by 12:00 noon, December 28, 2012. The Fair Association did not respond to CORA or attempt to negotiate. As of 12:01 pm, December 28, 2012 the Fair Association does not have a valid contract with Placer County, yet they continue to operate the fairg'rounds and speedway.
F7 Page 127
As of February 25, 2013, per CORA, they had not received any indication that the Fair Association intends to comply or respond. Twelve (12) weeks elapsed between the Final Notice and action by CORA.
F8 Page 127
The Fair Association informed the Grand Jury that the after-the-fact permits were not completed due to insufficient funds.
F9 Page 127
The Fair Association informed the Grand Jury that their first attempt to comply with the after-the-fact permits failed because the contractor, working pro-bono, abandoned the project.
F11 Page 127
The Fair Association informed the Grand Jury that the income generated by the All American Speedway was required to fund the Placer County Fair.
F12 Page 127
No evidence was found to indicate that the Fair Association presented an operating budget to the BOS for 2010, 2011, and 2012. On April 9, 2013, a 2013 budget was presented to the Board of Supervisors.
F13 Page 127
A new Operating Agreement between Placer County and the Fair Association is not expected until year 2014. 106 2012-2013 Placer County Grand Jury
F14 Page 128
The County is indirectly funding the All American Speedway by authorizing funds for the EIR. The EIR is required as a result of unauthorized changes to the All American Speedway by the Fair Association in 2006-2007.
F15 Page 128
Since there is no record of an audit of the Fair Association for the past 4 years it was not possible for the Grand Jury to assess the Fair Association's financial position. It is also not possible to determine whether Fair Association funds are available to complete County required mandates. Conclusion On July 10, 2012, the Placer County Board of SupeNisors extended the Fair Association's contract through December 31, 2013, subject to the condition that the Fair Association acquire after-the-fact building permits for improvements constructed in 2006-2007. The Fair Association did not comply, the Board of SupeNisors took no action, and yet the Fair Association continues to manage and operate the Fairgrounds and All American Speedway. Also on this date, the Board of SupeNisors approved allocation of funds not to exceed $84,400 of taxpayer money for Phase II of the EIR. This was necessitated by decisions made by the Fair Association in 2006-2007. The Fair Association maintains that they have insufficient funds to comply with the conditions imposed. This investigation did not identify any independent audits of the Fair Association financials that would support this position. In response to a comment from the floor, at the April 9, 2013 Placer County Board of SupeNisors meeting, SupeNisor Jack Duran stated "No Winners Here-Just Degrees of Loss". This Grand Jury agrees that this is an accurate assessment of the situation, but it does not justify lack of action by the Board of SupeNisors.

Recommendations 7