Nevada County Grand Jury • 2007-2008

Truckee Donner Public Utility District Reason for Investigation The Nevada County Grand Jury (Jury) has the power to

Published: February 25, 2008 8 pages
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Findings and Recommendations 11 findings

F1
The District enjoys a virtual monopoly since, with a limited exception, there are no other entities that provide its services within its service territory.
No recommendations for this finding
F2
There were egregious delays of more than three years in reconciling the deposit and costs and in billing the Developer under the 2002 Agreement.
Related Recommendations (1)
R2
The Board should ensure that staff promptly completes its reconciliation of costs and deposits and promptly bills or refunds the balance to developers.
F3
This dispute, which took ten months to resolve, was marked by acrimony on both sides.
No recommendations for this finding
F4
Developer was delinquent in promptly submitting as-built drawings under the 2002 Agreement.
No recommendations for this finding
F5
The District treated the Developer as a credit risk in spite of having his significant deposits on hand. 3
Related Recommendations (1)
R4
The Board should establish clear Board policy for resolution of any credit risk issues that may arise despite the existence of deposits.
F6
The Board was aware of the decision to withhold services under the 2006 and 2007 agreements as a way of forcing payment under the 2002 Agreement.
Related Recommendations (1)
R3
The Board should ensure that the practice of holding a developer hostage, by not serving a different project, does not occur again.
F7
The District currently has no published process for resolving disputes between the District and developers, although it does have such a process for resolving disputes between the District and customers.
Related Recommendations (1)
R1
The Board should set up a clear dispute resolution process for development issues, culminating in access to the Board.
F8
The new General Manager has begun a thorough and complete review of the District Code. To date, only review of Title 1, General Provisions, has been completed. Conclusions
Related Recommendations (1)
R5
The Board should enthusiastically support the complete review and revision of polices, rules, and procedures in the District Code being undertaken by the new General Manager. In light of the leverage that being the only game in town creates, the Board should make sure that the revisions address the matters set forth in this Report, as well as any other shortcomings that may be found during the review. Response Truckee Donner Public Utility District Board of Directors: October 1, 2008 5
F9
It was inappropriate to require the Developer to release the District from liability for its conduct as a condition for receiving service.
No recommendations for this finding
F10
The Board’s disengagement in this matter contributed to escalation of the dispute. The matter should have been put on the first available Board meeting agenda. A hearing 4
No recommendations for this finding
F11
The Board of Directors’ focus on the collection of the bill rather than the relationship between the District and a Developer who provides capital improvements for the District was shortsighted.
No recommendations for this finding

Conclusions 11

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Truckee-Donner Public Utility District Special District