Fiscal Year 2014 to 2015

Recommendations 9

• R1

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  The Butte County Board of Supervisors and the Sheriff should continue to search for adequate funding for a new jail facility.
• R2

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  The partnership between the Sheriff and CSUC’s Criminal Justice Program should continue.
• R3

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  ACS and visitation programs that have been successful should continue. 6
• R4

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  The Sheriff should provide additional information on the Sheriff-Coroner website regarding the array of programs available to participants. Responses Pursuant to Penal Code §933 and §933.05, the following responses are required: • Butte County Sheriff: A response to Findings F1 through F6 and Recommendations R1 through R4. • Butte County Board of Supervisors: A response to Findings F1 through F6 and Recommendations R1. The governing body indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Reports issued by the civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that the reports of the Grand Jury do not contain the name of any person or facts leading to the identity of any person who provides information to the civil Grand Jury. 7 [This page left blank intentionally] 8 2014-2015 BUTTE COUNTY GRAND JURY REPORT BUTTE COUNTY JUVENILE HALL AND TABLE MOUNTAIN SCHOOL Summary Under California Penal Code §919(B), the Butte County Grand Jury is required to annually inspect the operation and management of the Butte County Juvenile Hall. The 2014-2015 Grand Jury conducted an inspection on October 30, 2014. They were greeted by BCJH Chief Deputy Probation Officer and the Manager of BCJH Juvenile Hall. Juveniles are from eight to twenty-one years of age. BCJH has six pods of twenty beds each which contain cells and a meeting area with tables used for meals and recreation. There is an outside yard, a security office and a classroom. The Table Mountain School was visited on February 5, 2015, by several jury members and they met with the principal of TMS. They have a rigorous routine and the youth are assessed and classified according to where they may fall into a certain curriculum. Glossary BCJH - Butte County Juvenile Hall BCLU - Beaman, Conrad, Lascomb, Union Community School District BCOE - Butte County Office of Education BCPD - Butte County Probation Department D-RAY - Detention Risk Assessment GED - General Education Development tests for adults and juveniles to receive high school equivalency certificates IN CAMP PROGRAM - a four-phase program designed to teach proper behavior JUVENILE - An individual under the age of 18. In some circumstances the juvenile court can retain jurisdiction on individuals until age 21, and in certain case up to age 25 TMS - Table Mountain School 9 Approach • Toured the BCJH; • Interviewed the BCJH Chief Deputy Probation Officer and BCJH Manager; • Toured the TMS located within the BCJH; • Interviewed the Principal of TMS; • Talked to several juveniles; • Reviewed responses from the 2013-2014 Grand Jury; and • Talked to the clinical psychologist at the BCJH. Background The Butte County Juvenile Hall is located at 41 County Center Drive in Oroville and is administered by the Butte County Probation Department. The current facility opened in November 2003 and was built to handle 120 beds (six pods). They are currently staffed and operate at a capacity of 60 juveniles, two pods for males and a third is a co-ed pod. One pod was converted for use as a Boys and Girls Club and the two remaining pods are used for storage and training. Each pod also has tables and chairs used for recreation and meals. The three pods are named Condor, Eagle and Falcon. The pod assignments are based on classification type (type of crime, gang affiliation etc.). The facility is a highly structured environment and the juveniles are guided through the day with both social and physical activity with lights out at 10pm. Juveniles are given a physical examination within 24 hours of their arrival at BCJH. Medical services are provided through a contract with the California Forensic Medical Group. Offenders range in age from 8 to 21 years of age. There is no limit on the number of days in residence. Long term is over 90 days; the average stay is 17 days. In addition to those being housed in BCJH, some are also on the electronic monitoring program, serving their time outside the facility similar to the Day Reporting Center Facility operated by the Sheriff’s Office. They have staff for all medical or psychological problems that may arise and they put their education and social interactions at a priority. They also have a 5 year grant from BCLU that provide services for the Boys and Girls Club. The 2014-2015 Butte County Grand Jury visited the BCJH on October 30, 2014. On the day of the tour there were 30 males incarcerated and 10 females. The BCJH is currently able to handle 60 juveniles. Discussion The intake process is as follows: An arresting officer will escort the offender to the intake unit of the BCJH. The juvenile will sit at a bench while the arresting officer will give details of the youth’s alleged crime to the on-duty BCJH staff. The staff will also look at the youth’s previous record (if any) and determine whether to release or detain the youth. If necessary, a doctor or nurse may also be required to check the youth. Once the process is complete, the youth will occupy a holding cell while the staff begins the extensive paperwork. Parents are notified of the youth’s detention and the youth is allowed a single phone call. If the youth does not want to make the phone call, a BCJH staff person may do so. After further assessment and evaluation, the youth is referred for judicial processing. The next day, another part of the intake process is performed in what is called a Detention Risk Assessment or D-RAY for short. The BCJH staff will go through this process and calculate a score to determine what will happen with the youth. Depending on how they score on the D-RAY, once the youth is processed into Juvenile Hall, they may get a chance to enter a four phase program lasting eight to fourteen months also referred to as the In Camp Program. Each phase has areas of improved behavior and responsibilities the youth must exhibit, along with academic and physical tasks to complete. This program is conducted in order to prepare the youth for release. Some of the other skills that the youths may learn, include welding and gardening. The TMS works within guidelines of the BCOE. They are using books from Stefan and other publishers. The staff continues to work online by using Aztec GED testing, but the juveniles are not allowed on the internet, so it makes it difficult to use that form. The school gives an equivalence test that the State of California has approved and is done with paper and pencil. This is to attain a GED certificate. Currently, the juveniles are taken to Butte College for testing on the Person View GED. They have started the procedure of applying for accreditation through the Western Association of Schools and Colleges, which will help when the juvenile is released and they want to either go to college or go into the Armed Services.
• R5

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  The City should consider developing a plan to restore the Workers’ Compensation Fund by developing a restoration plan similar to the General Fund Reserve Restoration Plan. Responses Pursuant to Penal Code §933 and §933.05, the Chico City Council is required to respond to all Findings and Recommendations of the Grand Jury Report. The Grand Jury invites the Chico City Manager to respond to all Findings and Recommendations of the Grand Jury Report. The governing body indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Reports issued by the civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that the reports of the Grand Jury do not contain the name of any person or facts leading to the identity of any person who provides information to the civil Grand Jury. Attachment B General Fund—Use of Fund Carryover from June 30, 2014 City Council Agenda Report—Meeting Date 03/03/2015 Exhibit B - Provides for a 51% ($2.45M) transfer to the General Fund Deficit (Fund 004) and loan is written off, Airport Fund ($100k), and allows for a ($1.2M) fund balance in Fund 001 that can be used as beginning fund balance for the fiscal year 2015-16 budget. General Fund - Exhibit B - Maximizes fund balance carryover in Fund 001 General Fund (Fund 001) fund balance reconciliation: Fund balance at 6/30/14 $ 4,860,207 Items Previously Approved: • Allocation of 3 Police Officers $190,000 • Waste Hauler Consultant $120,000 • Exp Bancroft Agreement - 1st Payment $120,000 • Sycamore Pool Total $48,000 • Items Previously Approved • $ 478,000 10% Additional Items Proposed: • PW Preventative Maint Software $2,500 • Citywide Cyber Security Assessment $20,000 • P. D. Interview Rooms - Monitoring Equipment $25,000 • Library Funding $25,000 • Citywide Document Management System (including P.D. workflow) $40,000 • City Hall - Monitoring Equipment $50,000 • LED Street Lights – Critical Intersections $50,000 • P.D.-Laser Mapping System for the CSI and Major Accidents $74,000 • City-Wide Timekeeping/P.D. Advanced Scheduler Program $75,000 • PW Street Condition Assessment Total $85,000 Items Previously Approved $446,500 9% Additional Transfers Proposed: • Recommended fund balance carryover (Fund 001) $1,200,000 • Recommended transfer to Fund -Zone l Neighborhood Parks $181,000 • Recommended transfer to Fund 856 - Airport Fund Total $100,000 Total Additional Transfers $1,481,000 30% Recommended Transfer to General Fund Deficit $2,454,707 51% 23 Attachment C Chico Fund Reserve Restoration Plan 24 Attachment D City Council Approved New Fiscal Policies In order to move the City towards fiscal health Council approved the following new fiscal policies (See the following Budget Policies): “A budget must be sustainable into the future, not balanced with one-time fixes, such as transfer of reserves or set-asides, and must reasonably reflect expenditures that match available revenues." “The City shall establish a plan to reduce the current deficits and to structurally balance the City's budget." "The City will dedicate new ongoing revenue sources in the following manner and priority: Priority 1: Reducing fund deficits, addressing anticipated fund deficits, funding significant long-term liabilities and replenishing established Fund balance targets. Priority 2: Fixed cost increases outside Council control (e.g., health benefit escalators). Priority 3: Replenishing internal service funds, such as Vehicle Replacement, Building Maintenance, etc. Priority 4: Discretionary expenditures and negotiable items. “One-time revenues not anticipated during the fiscal year will be primarily dedicated to reducing fund deficits, addressing anticipated fund deficits, funding significant long-term liabilities, and replenishing reserve and internal service funds to established targets.” This (next) section increased the safeguards and tightened controls over the use and appropriation of department expenditures. "The City will refrain from allowing funds to fall into deficit positions or continuing growth in existing fund balance deficits. Annual fund deficits should be eliminated by transferring funds into the deficit fund to maintain the previous year's fund balance." "Fund Deficit Mitigation and General Fund Reserve Restoration Plan" This section details the General Fund deficit repayment plan and the restoration of Fund Reserves through fiscal year 2029-30. Source-City Council Agenda Report------March 3, 2015 Meeting, 25 [This page left blank intentionally] 26 2014-2015 BUTTE COUNTY GRAND JURY REPORT OROVILLE: A CITY DEALS WITH TODAY’S PROBLEMS Summary In the past five years the City of Oroville experienced a stagnation of revenues, while at the same time an increase in expenses, implemented by City Councils in order to keep wages even with the rising cost of living. This is particularly true of the salaries and benefits paid to City employees that now represent 72% of Oroville’s annual General Fund expenditures. Because of these rising expenses, the City found itself in a deficit situation. The solution was to cut back the budgets of all the City Departments, which translated into the layoffs of personnel. Although layoffs solved the immediate problem of a deficit, it also created a host of other problems in the understaffing of Departments. This becomes especially relevant in the case of the Police and Fire Departments, which are at the same number of employees as they were in 1973, even though Oroville has doubled in size in the last 42 years. Background The Grand Jury began this investigation because of various news articles and Oroville City Council meetings, where the discussion centered on the escalating cost of City Police and Fire. The head of the Oroville Fire Department had resigned in order to save jobs within the fire department. Because of these rising costs, the City of Oroville had begun looking into using the Butte County Sheriff’s Department and Cal Fire in lieu of using and paying for City Police and Fire Departments. These problems had similarities to what the 2013-2014 Grand Jury discovered about the City of Chico. This was a potential flag to hidden problems. Due to major deficits totaling millions of dollars, the 2012-2013 and 2013-2014 Butte County Grand Juries investigated the finances of the City of Chico. Their
• R6

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  The various elements of City Government should continue to use meetings as a way of communicating with one another and resolving any conflicts.
• R7

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  Oroville needs to continue to manage its homeless problem by supporting programs that get people off the streets and into places that help them deal with their problems.
• R8

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  The City needs to develop a plan for dealing with its water problem, including using native species as a way of keeping their parks and recreation areas from becoming brown or completely paved over with concrete.
• R9

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  The Butte County BOS should communicate its concern that the citizens of Butte County could be at unreasonable risk as long as railroad bridges located in Butte County remain uninspected by the CPUC. RESPONSES Pursuant to Penal Code §933 and §933.05, the following responses are required: • Butte County Board of Supervisors: A response to Findings F1 through F11 and Recommendations R1 through R9. The Butte County Grand Jury invites the following individuals to respond: • Butte County Chief Administrative Officer: A response to Findings F1, F2, and F6 through F11, and Recommendations R5 through R6. The governing body indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Reports issued by the civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that the reports of the Grand Jury do not contain the name of any person or facts leading to the identity of any person who provides information to the civil Grand Jury. 75 [This page left blank intentionally] 76 2014-2015 BUTTE COUNTY GRAND JURY REPORT BUTTE COUNTY OFFICE OF EMERGENCY MANAGEMENT “DIAMOND INCIDENT” EXERCISE MARCH 11, 2015 Summary The Butte County Office of Emergency Management (OEM) conducted a Functional Exercise (FE) known as the “Diamond Incident” at the Butte County and City of Chico Emergency Operations Centers (EOC) on March 11, 2015. The exercise was designed and conducted under guidelines established by the Homeland Security Exercise and Evaluation Program (HSEEP) developed by the Department of Homeland Security. The purpose of the exercise was to assess EOC actions at a Mass Evacuation Incident (MEI), a train derailment involving fire and the potential for a Boiling Liquid Expanding Vapor Explosion (BLEVE) all occurring simultaneously. Participants included Butte County agencies, the City of Chico, private organizations, industry, and local media. The exercise duration was approximately six hours. The exercise was as realistic as possible without deploying responders in the field. The function of the OEM is to coordinate the overall response through the EOC during disasters or large scale incidents. When activated, the EOC provides a central location for responding and supporting agencies to collaborate response and recovery efforts in order to effectively and efficiently provide information and deploy resources. In non-disaster times, the OEM supports and coordinates disaster planning, community preparedness, mitigation, and training.1 Glossary Emergency services, as is the case with most specialized endeavors, use abbreviations for commonly used terms. Use of this shorthand language is easily understandable to those using it on a daily basis but frustratingly complex to those with no or only a casual understanding of the terms. This exercise was no exception. Careful reading and frequent reference to this glossary is recommended. 1 www.buttecounty.net/oem/Home.aspx 77 BLEVE – Boiling Liquid Expanding Vapor Explosion: Ordinarily an explosion caused by the rupture of a vessel containing a pressurized liquid above its boiling point. Such an explosion is commonly caused by fire weakening the containment vessel holding a volatile liquid. EOC – Emergency Operations Center FE – Functional Exercise: A functional exercise simulates an emergency in the most realistic manner possible short of moving people and equipment to an actual site. It is designed to challenge the entire emergency management system. Haz Mat – hazardous materials HSEEP – Homeland Security Exercise and Evaluation Program ICS – Incident Command System: See text under Background for a description of ICS and Attachments A and B for diagrammatic depictions of command hierarchy. Incident – An occurrence or event, natural or human caused that requires an emergency response to protect life or property MEI – Mass Evacuation Incident NIMS – National Incident Management System: NIMS is a standardized approach to incident management developed by the Department of Homeland Security. OEM – Butte County Office of Emergency Management OES – California Office of Emergency Services SCC – Simulation Control Center SEMS – Standardized Emergency Management System: SEMS provides the basic structure for managing multiagency and multijurisdictional responses to emergencies in California. Adoption of the system was a requirement of the California Emergency Services Act.2 2 http://www.calema.ca.gov/planningandpreparedness/pages/standardized- emergency-management-system.aspx 78 Unified Command – In incidents involving multiple jurisdictions, a single jurisdiction with multiagency involvement, or multiple jurisdictions with multi agency involvement, Unified Command allows agencies with different legal, geographic, and functional authorities and responsibilities to work together effectively without affecting individual agency authority, responsibility, or accountability.3 Approach On March 11, 2015, the Grand Jury observed an exercise at the Butte County Emergency Operations Center involving the Operations Center and the City of Chico Emergency Operations Center. Background Much of the material appearing in this section was taken from the incident exercise plan. This was the first exercise of such magnitude in Butte County in over nine years and was developed under HSEEP guidelines and policies. Funding was provided through a Fiscal Year 2013 Homeland Security Grant Program. The intent was to make the exercise as realistic as possible without deploying responders. The exercise was designed to simulate a realistic possibility. A script controlled by personnel at a remote location in the Simulation Control Center (SCC) was used to generate messages to the Butte County and City of Chico EOCs requiring action to respond to an evolving incident. The EOCs were thus required to devise innovative solutions to non-recurring problems and issues as would be the case during an actual incident. Only personnel in the SCC had access to the script. The “Diamond Incident” consisted of a train derailment in Chico involving fire and the potential for a Boiling Liquid Expanding Vapor Explosion (BLEVE) with a resulting Mass Evacuation Incident (MEI). The exercise included activating the Butte County and City of Chico EOCs; coordinating the activities of the separate EOCs; and communicating between the EOCs, including control of critical information. 3 https://training.fema.gov/emiweb/is/icsresource/assets/reviewmaterials.pdf 79 Organization of personnel within the EOCs followed the Incident Command System (ICS) format. See Attachment A for a generalized description of the major ICS subdivisions and Attachment B for a typical ICS structure for wildland fire. ICS allows personnel from different agencies to work together to control an incident such as a flood, fire, tornado, train derailment, or earthquake by using a common terminology, organizational structure, and operational procedures. Prior to the adoption of the ICS format, coordination between agencies was critically handicapped by a lack of standardized equipment, terminology, command structure and the inability of different agencies to communicate by radio. The concept for ICS grew out of a series of devastating wildland fires in Southern California in 1970.4 The ICS system is scalable to respond to incidents of any magnitude. ICS is a subcomponent of the National Incident Management System (NIMS). During an incident, the Butte OEM provides support. The OEM does not manage or control the incident. They are the hub that supports a Unified Command. Evaluators from Plumas, Yuba, and Sutter counties and the Town of Paradise were present to monitor the drill and provide comment at the conclusion of the exercise. Observers from the California Office of Emergency Services (OES) and Cal Fire headquarters in Sacramento were also present. The exercise was designed to test the capabilities of the two EOCs to function under the rules of the Standardized Emergency Management System (SEMS) and NIMS by placing the EOCs under considerable stress. The EOCs would be required to: • Activate rapidly with a briefing closely following the activation. • Expect close attention to clear communications. • Follow established procedures. • Utilize check lists. • Come to full agreement on consistent public messages. • Effectively respond to community logistical needs. • Come to quick and amicable resolution of jurisdictional disputes. 4 http://www.fema.gov/txt/nims/nims_ics 80 The exercise focused on the following evaluation objectives: • Organization: Evaluate the capability to implement the EOC organization in response to a Haz Mat (hazardous materials) related mass evacuation incident and utilizing the EOC organizational structure to manage the incident while working effectively with the City of Chico EOC. • Communications: Assess the ability to establish and maintain internal, multi- jurisdictional and multi-agency communications in response to a Haz Mat mass evacuation incident. • Checklists: Evaluate the ability of EOC staff to routinely refer to checklists as the exercise continues and refer back to the checklist at the end of the exercise. Discussion The training plan indicated that up to 70 participants would likely take part in the exercise with as many as 50 having an active role in the exercise. An exercise of this complexity requiring days of planning, travel by observers and evaluators from outside the county and the need for other county employees to cover for those taking part in the exercise does not occur without incurring substantial cost. The cost is returned by efficiencies achieved during actual incidents. Prior to the start of the exercise, participants were asked to note any changes that might be made to improve the efficiency of the Emergency Operations Center. The exercise, once underway, appeared chaotic but the visual appearance hid a clearly defined organization with each participant assuming a unique role or duty. The ICS system has taken all of the tasks necessary to manage an incident, broken them into stand-alone duties, each of which contributes to the efficient management of an incident under the guidance of an Incident Commander. Following the ICS structure, the Butte OEM is led by a Director. Communication between the various functions is critical and adds to the chaotic appearance. Early in the exercise, the Director called a meeting of the section chiefs including public information, safety, and liaison officers to assess the status of the start-up of the Operations Center and to determine issues or problems. Participants, either singly or in groups filled the generalized roles outlined in Attachment A. The focus was to not only manage the incident as it unfolds, but to generate a plan of action for the next operational period. Occurring simultaneously were: • Ordering of resources with an estimated time of arrival. • Logging in arriving resources. • Maintaining financial records. • Coordination with non-governmental agencies such as the Red Cross. • Maintaining uninterrupted or establishing multiple forms of communication. • Mapping of the incident. • Utilizing expertise and resources of private industry. • Ensuring that the public is informed. • Planning for the next operational period. Exercise observers and evaluators roamed about the Operations Center using evaluation forms and check lists to note progress for use during the exercise evaluation. The SCC assumed the role of the Incident Commander dealing with the derailment, fire and potential BLEVE and passed messages to both the Butte EOC and Chico EOC as if they were from the Incident Commander. Representatives of private organizations and industry participated in the exercise. They each have a critical role in emergency management by providing, for example, relief to those displaced and industry expertise and resources. A “shift change” was practiced enabling additional participants to become involved. A simulated news report was prepared and “broadcast” to the Operations Center. Situational updates were inserted into the exercise requiring adjustment to those new conditions. One of the issues needing resolution during the exercise was the coordination of the mass evacuation. Neither the Butte OEC nor the City of Chico OEC had complete control of the evacuation since both City and County residents were involved. Both EOCs had to coordinate an efficient evacuation. A comment was made by OEM staff that Butte County agency personnel are not reluctant to participate and willingly become involved in drills such as this. Willing 82 participation and the resulting competence is an asset to the county that is not necessarily readily apparent to those outside of county government. A debriefing took place at the end of the exercise in order to capture participants’ input about what they felt went well and what needs improvement. Among the findings of the debriefing was the need for additional follow up training. It was also found that the exercise promoted the building of a working relationship between the Butte OEC and the City of Chico OEC and provided an opportunity to build relationships with industry.