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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
2012-2013 Final Report State of California
⚠️ 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.
Note: Missing finding numbers detected: F10
Findings 14 findings
F1
Page 30
The Grand Jury found the APD jail holding facility is adequate and well maintained for the purposes it is used.
F2
Page 30
APD has a vacant Captain position. Conclusion APD's jail holding facility is well maintained and utilized.
F3
Page 51
The PCMJ is well managed despite crowded conditions.
F4
Page 51
The PCMJ do not have enough Taser weapons to issue to all on-duty jail staff.
F5
Page 51
SPACF is not open at time of this writing. Conclusion The PCMJ is well managed and well maintained despite crowding challenges. 37 2012-2013 Placer County Grand Jury
F6
Page 91
The NFPD does not have checks and balances to assure accuracy of its tax levies. 72 2012 - 2013 Placer Grand Conclusion The Newcastle Measure F, passed in 1997 by the voters of the NFPD, is not clearly written. Based on our review of the ballot language and a sampling of special taxes, the Grand Jury encountered contradictions, uncertainties and issues that Measure F does not address. As a result, we found a number of inconsistencies in taxes levied and differences in interpretation of the Measure. There is a degree of subjectivity in the interpretation of the Measure.
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 112
NFPD's allocation of Prop 13 taxes is among the lowest offire districts within the County thereby exacerbating its financial condition. There is a perception that other fire districts in the surrounding area (which receive a higher percentage of Prop 13 tax allocation) are not interested in consolidation with NFPD because its share of Prop 13 taxes is so low.
F9
Page 112
The percentage allocation of Prop 13 property taxes to special districts is generally limited to the percentage the geographical area collected prior to 1978, when the NFPD was all voluntary. Although there is great debate occurring at the State level on the fairness of Prop 13 allocation of collected tax dollars, there currently is very little latitude for the Auditor-Controller to change this percentage allocation. Some other County Boards of Supervisors have found other (non-Prop 13) sources of revenue to supplement special fire districts which are on the lower end of the Prop 13 property tax allocation.
F11
Page 112
The reason for rejection of the property donation for a new fire site was not adequately articulated to members of the public. 92 2012-2013 Placer County Grand Jury F 12 The 2004 LAFCo Report provided a very useful analysis in the review of facts and issues facing special fire districts in Placer County within the 2004 time frame. The LAFCo review has not been updated since that report. Conclusion The NFPD has experienced a rapidly declining financial condition, which is based in part on increased operating costs, lower development fees (because of real estate development downturn) and lower Prop 13 taxes (because of declining real estate values). Also, much of the financial deterioration can be attributed to costs associated with the delay in dealing with Station 41's physical problems. This inaction, whether intentional or by misunderstanding, resulted in imprudent and reactive decision-making by the NFPD. Ultimately, NFPD did need to take action to increase its revenues, but did so in a way that alienated some of its constituents. There is a completely new Board which has to address some hard decisions going forward, particularly as it relates to a long-term solution to its fire station. It appears they are off to a good start.
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
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R1Page 40Continue the current practice of using the jail facilities as court holding cells.
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R2Page 52The staffing and opening of the SPACF should be expedited to alleviate potential problems due directly to crowded conditions of the PCMJ.
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R3Page 80If the AOC is able to partner in a co-located site, then it must be determined if that can be accomplished at the Burton Creek site. If not, then the County must purchase a suitable site while the property costs are relatively low.
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R4Page 80If the AOC is unable to commit at this time, the County should proceed with the design and construction of a replacement Sheriff's Substation in a building separate from the Court facility.
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R5Page 80The County should pre-plan for co-located buildings adjacent to the Sheriff's Substation and Court buildings for County Administration Offices and a Tahoe Jail facility which can be justified and constructed at a future date. Request for Responses: Board of Supervisors R1-R5 Due by July 8, 2013 Placer County 175 Fulweiler Avenue Auburn, CA 95603 Edward Bonner, Sheriff-Coroner-Marshal Due by June 10, 2013 Placer County R1 - R5 29129 Richardson Drive Auburn, CA 95603 David Boesch, CEO R1 - RS Due by July 8, 2013 Placer County 175 Fulweiler Avenue Auburn, CA 95603 Jim Durfee R1-R5 Due by July 8, 2013 Director, Facility Services 11476 C Avenue Auburn, CA 95603 Copy to Administrative Office of the Courts 2860 Gateway Oaks Drive, Suite 400 Sacramento, CA 95833-3509 62 2012-2013 Placer County Grand Jury Addendum: Letter of Support from Presiding Placer County Judge, Alan V. Pineschi , dated August22,2012 http:/lwww.courts.ca.gov/documents/CFWG-09-05-12-Piacer.pdf 63 PLACER COUNTY GRAND JURY NEWCASTLE FIRE PROTECTION DISTRICT MEASURE F Inconsistency and Confusion 64 2012 - 2013 Placer Grand NEWCASTLE FIRE PROTECTION DISTRICT MEASURE F Inconsistency and Confusion
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R6Page 114NFPD seek advice as to whether there is a legal or practical basis to explore with the Auditor-Controller, County Board of Supervisors or any other necessary entity as to the possibility of supplementing its low allocation of Prop 13 taxes so that it is on par with other fire districts. R? NFPD contact other fire districts to explore other sources of revenue. RB NFPD work with the Board of Supervisors to update a review by LAFCo which would include a review for potential beneficial consolidation of fire districts within Placer County.
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R7Page 129The Grand Jury recommends that the Board of Supervisors explore alternative economic opportunities for the Fairgrounds property.
Conclusions 9
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CL1APD's jail holding facility is well maintained and utilized.
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CL2The PCMJ is well managed and well maintained despite crowding challenges. 37 2012-2013 Placer County Grand Jury
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CL3A replacement facility is needed and a co-located facility appears to be the best option. However, that does not mean everything needs to be built at the same time or located in one building. A multi-building campus type arrangement built in phases is also an option. Replacement will involve a multi-year process to get through the planning, design and construction phases. There are sufficient funds currently available to begin the planning phase. The timing is right to prepare a plan and determine a suitable site so that, if need be, a site can be purchased while property values remain relatively low. The Tahoe Sheriff Substation can be designed and built separately from the AOC facility. The Sheriff Patrol units are not required to be housed in a Court facility. The Sheriff does provide court security. One or more bailiffs can provide court security. The Court can remain in occupancy at the existing Burton Creek building until funding is released by the state for a new Court facility or moved to a new co-located facility under a lease agreement.
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CL4The Newcastle Measure F, passed in 1997 by the voters of the NFPD, is not clearly written. Based on our review of the ballot language and a sampling of special taxes, the Grand Jury encountered contradictions, uncertainties and issues that Measure F does not address. As a result, we found a number of inconsistencies in taxes levied and differences in interpretation of the Measure. There is a degree of subjectivity in the interpretation of the Measure.
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CL5The NFPD has experienced a rapidly declining financial condition, which is based in part on increased operating costs, lower development fees (because of real estate development downturn) and lower Prop 13 taxes (because of declining real estate values). Also, much of the financial deterioration can be attributed to costs associated with the delay in dealing with Station 41's physical problems. This inaction, whether intentional or by misunderstanding, resulted in imprudent and reactive decision-making by the NFPD. Ultimately, NFPD did need to take action to increase its revenues, but did so in a way that alienated some of its constituents. There is a completely new Board which has to address some hard decisions going forward, particularly as it relates to a long-term solution to its fire station. It appears they are off to a good start.
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CL6On 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.
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CL7Advances in technology have resolved most of the dispatch problems noted by previous Grand Juries. Consolidation remains an option due to the expense of maintaining a dispatch center. Individual fire districts can not afford and do not have their own dispatch centers and there are no indications that there is dissatisfaction with the current arrangement. The County Sheriff dispatch center and CALFire dispatch center in Grass Valley would certainly need to be maintained. The cities of Rocklin and Roseville dispatch centers function well, provide excellent service and as long as the cities have no problem funding the needs, the Grand Jury is satisfied with the status quo. There are concerns about the ability of the City of Lincoln to provide full time dispatch service.
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CL8Sierra College and the Rocklin Police Department should be commended for taking the initiative in providing for the safety of the college, staff and students.
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CL9In fiscal year 2011-12 County departments had 172 light duty vehicles that were driven fewer than 7,000 miles, suggesting that the County may have more vehicles than it needs to meet the transportation needs of employees. At a cost to the departments of about $9,000 per year for a mid-size vehicle, the County needs to ensure that it does not own or lease more vehicles than it needs. However, the County has not yet put in place a procedure for regularly evaluating the use of the County's light duty vehicles, although the Fleet Division believes this would be worthwhile.