Butte County Grand Jury 2000-01, Final Report

7/31/2019 Butte County Grand Jury 2000-01, Final Report

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SUPERIOR COURT OF CALIFORNIACOUNTY OF BUTTE

ONE COURT STREETOROVILLE, CA 95965-3303

(530) 538-7611

June 30, 2001

2000-2001BUTTE COUNTY GRAND JURY

FINAL REPORT

The Grand Jury Final Report has been filed on this date pursuant to Penal Code Section 933. Acopy of the report is enclosed. Your attention is invited to the following code section regardingthe time requirements for comment to the report.

PENAL CODE SECTION 933

Section 933. [Findings and recommendations; comment of governing bodies, elective officers, oragency]

(a) No later than the end of each fiscal or calendar year of a county, each grand jury

impaneled during that fiscal or calendar year shall submit to the presiding judge of the superiorcourt a final report of its findings and recommendations that pertain to county government mattersother than fiscal matters during the fiscal or calendar year. Final reports on any appropriatesubject may be submitted to the presiding judge of the superior court at any time during the termof service of a grand jury. A final report may be submitted for comment to responsible officers,agencies, or departments, including the county board of supervisors, when applicable, uponfinding of the presiding judge that the report is in compliance with this title. One copy of eachreport found to be in compliance with this title shall be placed on file with the county clerk andremain on file in the office of the county clerk.

(b) No later than the end of each fiscal or calendar year, each grand jury impaneledduring that fiscal or calendar year shall submit to the presiding judge of the superior court a finalreport of its findings and recommendations that pertain to fiscal matters of county government

during the fiscal or calendar year of the county.

(c) No later than 90 days after the grand jury submits a final report on the operationsof any public agency subject to its reviewing authority, the governing body of the public agencyshall comment to the presiding judge of the superior court on the findings and recommendationspertaining to matters under the control of the governing body, and every elective county officer oragency head for which the grand jury has responsibility pursuant to Section 914.1 shall commentwithin 60 days to the presiding judge of the superior court, with an information copy sent to theboard of supervisors, on the findings and recommendations pertaining to matters under thecontrol of that county officer or agency head and any agency or agencies which that officer oragency head supervises or controls. In any city and county, the mayor shall also comment on thefindings and recommendations. All such comments and reports shall forthwith be submitted tothe presiding judge of the superior court who impaneled the grand jury. A copy of all responsesto grand jury reports shall be placed on file with the clerk of the public agency and the office of thecounty clerk, or the mayor when applicable, and shall remain on file in those offices. One copyshall be placed on file with the applicable grand jury final report by, and in the control of thecurrently impaneled grand jury, where it shall be maintained for a minimum of five years.[Amended by Stats 1987 c. 690 1; Stats 1988 c. 1297 5]

PENAL CODE SECTION 933.05

Section 933.05. [Grand Jury Reports; Responses]


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(a) For purposes of subdivision (c) of Section 933, as to each grand jury finding, theresponding person shall indicate one of the following:

(1) The respondent agrees with the finding.

(2) The respondent disagrees wholly or partially with the finding, in whichcase the response shall specify the portion of the finding that is disputedand shall include an explanation of the reasons therefor.

(b) For purposes of subdivision (c) of Section 933, as to each grand juryrecommendation, the responding person or entity shall report one of the followingactions:

(1) The recommendation has been implemented, with a summary regardingthe implemented action.

(2) The recommendation has not yet been implemented, but will beimplemented in the future, with a time frame for implementation.

(3) The recommendation requires further analysis or study, and a time framefor the matter to be prepared for discussion by the officer or director ofthe agency or department being investigated or reviewed, including thegoverning body of the public agency when applicable. This time frame

shall not exceed six months from the date of publication of the grand juryreport.

(4) The recommendation will not be implemented because it is notwarranted or is not reasonable, with an explanation therefor.

(c) However, if a finding or recommendation of the grand jury addresses budgetaryor personnel matters of a county department headed by an elected officer, boththe department head and the board of supervisors shall respond if requested bythe grand jury, but the response of the board of supervisors shall address onlythose budgetary or personnel matters over which it has some decision making

authority. The response of the elected department head shall address allaspects of the findings or recommendations affecting his or her department.

(d) A grand jury may request a subject person or entity to come before the grand juryfor the purpose of reading and discussing the findings of the grand jury reportthat relates to that person or entity in order to verify the accuracy of the findingsprior to their release.

(e) A grand jury may request a subject person or entity to come before the grand juryfor the purpose of reading and discussing the findings of the grand jury reportrelating to that person or entity two working days prior to its public release andafter the approval of the supervising judge. No officer, agency, department orgoverning body of a public agency shall disclose any contents of the report priorto the public release of the final report. [Added by Stats. 1996, c. 1170 11]


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2000-2001 Butte County Grand Jury Final Report

TABLE OF CONTENTS

Final Resolution................................................ ........................................................ ........... 1

Grand Jury Statement ................................................. ....................................................... .. 2

Foreperson's Letter to the Presiding Judge................................................................. ........... 3

Acknowledgments .. ...... ......... ......... ......... ......... ............ ......... ......... ......... ......... ......... ......... . 5

A Brief History and Overview of the Grand Jury ... ......... ......... ......... ............ ......... ......... ......... 6

REPORTS

Audit/Finance & Administration CommitteeButte County Auditor-Controller ............................................... ....................................... 9Butte County Office of the Treasurer/Tax Collector...... ..... ...... ..... ...... ..... ..... ...... ..... ...... ... 10

City GovernmentsCity of Gridley-Growth and Development ................................................... .................... 11

Supplement - Biggs-Gridley Memorial Hospital ................................................. ........... 18Housing Authority of the County of Butte - Farm Labor Community........ ...... ...... ..... ...... ... 22Gridley High School ......................... ........................................................ .................... 25

County OfficesButte County Library Re: Flying the American Flag ....................................................... .. 29County Clerk-Recorder's Department Elections Division

Butte County Elections - Absentee Ballots................................................................... 31County Clerk -Recorder's Department Elections Division

Butte County Elections - Electronic Voting Machines ................................................ .. 34Butte Community Employment Center - Chico......................... ....................................... 37

Regional Occupational Program Butte Culinary Academy ....... ...... ..... ...... ..... ...... ...... ..... 39Regional Occupational Program Northern California Food Service School ..... ...... ..... ..... .. 41Regional Occupational Program Butte Baking Academy ............................................... .. 43Regional Occupational Program Registered Dental Assistant.... ...... ..... ...... ..... ..... ...... ..... 45

Districts & CommissionsParadise Irrigation District.......................... ........................................................ ........... 47Upper Ridge Fire Protection (DOWC) ........................................................ .................... 49

Emergency Services & Law EnforcementButte County Jail ................................................. ....................................................... .. 51Butte County Jail Re: Overtime & Staffing........................................................... ........... 55Butte County Juvenile Hall ..................................................... ....................................... 62Butte County Child Protective Services ...................................................... .................... 65Butte County Sheriff's Department Re: Hit and Run Complaint ..... ...... ...... ..... ...... ..... ..... .. 66

Health, Education & WelfareButte County Behavioral Health - Youth Services ................................................ ........... 67

Public WorksYards, Shops and Stores Division .................................................... ............................. 72Department of Development Services - Building Division ................................................ 74


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APPENDICES

Appendix ISummary of Requested Respondents to the2000-2001 Grand Jury Final Report .................................................. ............................. 77

Appendix IIOffices, Departments, Boards and Commissions and OfficialsVisited, Interviewed, Observed, Reviewed, Investigated orConsulted by the Jury ................................................... ................................................ 80

Appendix IIIMembership of the 2000-2001 Grand Jury ................................................. .................... 85

Appendix IVCommunicating with the Grand Jury ................................................. ............................. 86

Appendix VComments to Responses - 1999-2000 Grand Jury Final Report ...... ..... ...... ..... ..... ...... ..... 88

RESPONSES TO THE 1999-2000 GRAND JURY FINAL REPORT MAY BE FOUND IN BOUNDCOPIES OF THE 2000-2001 BUTTE COUNTY GRAND JURY FINAL REPORT ONPERMANENT FILE IN THE BUTTE COUNTY LIBRARIES


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2000 - 2001BUTTE COUNTY GRAND JURY

FINAL REPORT

Final Resolution

Whereas, the Butte County Grand Jury has concluded the business of its term and has reachedcertain conclusions, and

Whereas, the Butte County Grand Jury desires to disclose the substance of those conclusionsfor the benefit of local government, its agencies and the citizens of Butte County;

Be it resolved that the attached papers, commendations, findings and recommendations areadopted as the Grand Jury Final Report and submitted to the presiding judge of the Superior Courtof California, County of Butte to be entered as a public document pursuant to California Law.

The above Resolution PASSED AND ADOPTED by the 2000-2001 Butte County Grand Jury inOroville on the 30th day of June 2001.

We think in America that it is necessary to introduce the people into every

department of government as far as they are capable of exercising it, and that this isthe only way to insure a long-continued and honest administration of its powers.

Thomas Jefferson to Abbe Arnoux, 1789


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GRAND JURY STATEMENT

The 2000-2001 Butte County Grand Jury, impaneled on July 7, 2000, pledged itself to conduct itsbusiness in an ethical manner, to be responsive to citizen complaints, to visit and review offices andagencies, as mandated, to undertake to visit and review various other agencies, to accomplish thegoals it set for itself and, at the end of its term, to render a comprehensive Final Report to thecitizens and agencies of Butte County.

Further, the 2000-2001 Butte County Grand Jury pledged itself to uphold the following valuesthroughout its term:

to recognize its purpose and duties in accordance with the laws of the State ofCalifornia;

to maintain the confidentiality and integrity of all Grand Jury proceedings;

to recognize the importance of applying to all individuals the same objective standardsof conduct and responsibility;

to respect every individuals right to privacy;

to recognize that the Grand Jury functions lawfully as a legal entity and that no singlegrand juror, when acting alone, has any power or authority to represent the Grand Jury;

to remain vigilant to detect and avoid any personal conflicts of interest that may ariseduring the course of performing the business of the Grand Jury;

to recognize the importance of relying on the opinions and expertise of others moreskilled in particular matters regarding the business of public office and government;

to respect the discretionary policy-making or operational powers of public officials;and

to recognize the importance of maintaining accuracy and integrity in our activities, andto keep our reports confined to matters within the scope and power of our authority.

It is a blessing that our people are reasonable; that they keep so well informed of the state ofthings as to judge for themselves, to see the true sources of their difficulties, and to maintain theirconfidence undiminished in the wisdom and integrity of their functionaries. Thomas Jefferson toCaesar A. Rodney,

1810


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Butte County Grand JuryP.O. Box 110

Oroville, California 95965(530) 538-7667

June 30, 2001

The Honorable Judge Gerald HermansenSuperior Court of California, County of ButteOne Court StreetOroville, California 95965

Dear Judge Hermansen:

It is an honor and a pleasure to present the Butte County Grand Jury 2000-2001 Final Report toyou as presiding judge over this grand jury, and to Presiding Judge Thomas Kelly, and theresidents of our county. Our goals included providing citizens with an insight into localgovernment and making recommendations that may prove to be helpful.

Since taking the oath on July 7, 2000, all of the members of the Grand Jury have diligently metthe requirements associated with their positions, while maintaining confidentiality and respect foreveryone involved.

Local training included learning about the organization and functions of each of the 21 countydepartments through a series of orientation meetings graciously presented by department headsor their representatives. Members of the Board of Supervisors gave us an overview of ButteCounty and specifics about their five respective districts. In August, the jurors attended a 2-day,state-level training seminar conducted in Yuba City by the California Grand Jurors Association.

The work of this year's Grand Jury was determined in three basic ways. First, the entire panelconducted the mandated annual inspections of the Butte County Jail and Juvenile Hall. It was a

pleasure to see the construction of the new Juvenile Hall get under way in May. The requiredreview of the Audit Report for the fiscal year ended June 30, 2000, was also completed.

Second, citizens' confidential complaints were investigated, providing they were within thejurisdiction of the Grand Jury. Everyone interviewed was cooperative and helpful. Onecomplaint, requiring a thorough study, but received too close to the end of this term, will becarried over to the next Grand Jury for consideration.

Third, jurors chose to visit and/or investigate agencies or areas listed on the matrix inthe Grand Jury Procedures Manual. Some of these agencies were visited for the first time.

Following the example of previous grand juries, committees conducted investigations. A greatdeal of time, effort and care went into the research, visitations, interviews and investigations

conducted to gather information for each of the enclosed reports. Regularly scheduled oralprogress reports kept all the jurors informed and provided time for questions and discussion.Reports were outlined, written, updated, edited and rewritten more than once by the committees.Nothing seemed constant but change!

The Grand Jury is making approximately 46,500 newspaper insert copies of this 2000-2001 FinalReport available to the citizens of Butte County in mid-July. Responses are welcomed.

None of this would have been possible without the help of many people. Our sincereappreciation is extended to Presiding Judge Thomas Kelly, who honored your request, Judge


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Hermansen, to "holdover" with this Grand Jury until the end of our term. We are truly grateful forthe support and guidance afforded us by you, County Counsels Bruce Alpert and Dave McClain,and District Attorney, Michael Ramsey. We also owe many thanks to our Deputy JuryCommissioners, Richard Holst and Toni Conner, and all the court clerks who assisted the GrandJury in many ways.

It speaks well of the citizens of Butte County who agree to serve on the Grand Jury for one or, insome cases, two years. "Holdover" jurors provide organizational experience and backgroundinformation about "carry -over" complaints to the new members.

This Grand Jury was a dedicated, hard-working and effective team. Officers Kent Yaeger(Foreman-Pro Tem), Dorothy Anrig (Recording Secretary), Leilani Wheat (CorrespondingSecretary) and David Johnson (Sergeant-at-Arms) provided invaluable assistance. Stan Tracy,Cynthia Hightower, Bob Johnson, David Ferguson, Kent Yaeger, David Wemple and JoAnnLoeffler accepted additional responsibilities and excelled as Committee Chairpersons. TheEditorial Committee comprised of Chairperson Leilani Wheat, Dorothy Anrig and Harold Cox didan outstanding job in preparing this Final Report. Every juror was a valuable asset to his/hercommittees and to the group as a whole.

Thank you for selecting me to serve as a juror last year and especially for the opportunity to be

the foreperson of the 2000-2001 Butte County Grand Jury. It has been a rewarding andtreasured experience.

Sincerely,

Lillian Miskey, Forepers on2000-2001 Butte County Grand Jury


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ACKNOWLEDGMENTS

The 2000-2001 Butte County Grand Jury sincerely appreciates, acknowledges and thanks thefollowing people and organizations for their support, guidance, and professional assistance andorientation, and for helping to make this Final Report possible:

Gerald Hermansen, Judge of the Superior Court of California, Butte County, who presided over

this Grand Jury;

County Counsel Bruce Alpert and Assistant County Counsel David McClain;

District Attorney Michael Ramsey;

The staff of the Superior Court of California, County of Butte, including A. Lynn Woods, DeputyCourt Executive Officer, and Deputy Jury Commissioners Richard Holst and Toni Conner;

Butte County Superior Court Bailiffs;

Butte County Board of Supervisors Curt Josiassen, Jane Dolan, Mary Anne Houx, Robert Beeler,Kim Yamaguchi, and former supervisor Fred C. Davis;

The twenty-one Butte County Department Heads, the Superintendent of Schools and their staffs;

Officers who guided members of the Grand Jury through the Butte County Jail and Juvenile Hall;

All those who agreed to be interviewed during investigations and visits;

California Grand Jurors Association for the training seminar; and

Our endlessly patient and understanding families and employers who supported us while weperformed this challenging public service.

Clerk-Recorder/Registrar Candace Grubbs and the superb staff of the County Recorder's office makeGrand Jury Final Reports available on their web site:

http://clerk-recorder.buttecounty.net


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A BRIEF HISTORY AND OVERVIEW OF THE GRAND JURY

(with appreciation to various other grand juries for much of the followinginformation)

What is a grand jury?

The name of "grand jury" derives from the fact that the body usually has a greater number ofjurors than a trial (petit) jury. The concept of the grand jury traces its roots to classical Greece.Ancient Athenians employed an "accusatory body" much as the Saxons of early Briton did. Infact, from 978 until 1016 one of the Saxon Dooms (laws) required an accusatory body of 12 forevery 100 men. The accusing body was exhorted "not to accuse an innocent man or spare aguilty one."

The modern European jury system began to evolve during the eleventh and twelfth centuries. Asearly as 1066, during the Norman conquest of England, courts summoned bodies of sworncitizens to investigate crimes that had come to their attention. Initially, these early juries bothaccused and tried suspects, and since the members of the accusing bodies were selected fromsmall jurisdictions, they naturally presented accusations based on their personal knowledge.

During the reign of Henry II (1154-1189), juries were divided into two types-civil and criminal-withthe development of each influencing the other. The oath taken by these jurors provided that theywould faithfully carry out their duties, that they would aggrieve no one through enmity nor give

deference to anyone through love, and that they would conceal those things that they had heard.By the year 1290, civil juries were given authority to inquire about the conditions of bridges andhighways and review the practices and conditions in the jails.

The Massachusetts Bay Colony impaneled the first American grand jury in 1635 to considercases of murder, robbery and wife beating. By the end of the colonial period the institution of thegrand jury was firmly fixed in America's new and ever-evolving system of government. Althoughthe Constitution does not specifically mention grand juries, the Fifth Amendment provides theguarantee that "No person shall be held to answer to a capital, or otherwise infamous crime,unless on the presentment of indictment of a Grand Jury"Grand juries were used in our earlyhistory to protest governmental abuses, to propose new laws and very often to determine whoshould face trial. Today, forty-two states have some form of grand jury, and California is one ofthe states that still allow prosecution to be initiated by either criminal grand jury indictment or by

judicial preliminary hearing.

The California State Constitution calls specifically for the use of grand juries in the governance ofthe state, and in 1849 the California Legislature authorized grand juries in each county. TheLegislature passed laws in 1880 that required grand juries to review and investigate the activitiesof county government, and in 1983 the State added municipalities and districts to the purviewof grand juries. Beyond alleged misconduct of public officials, just seven other statescurrently provide for grand jury investigations of county and city government. Only California andNevada laws require the annual impanelment of grand juries with the specific civil duty of localgovernment "watchdog." Certain larger jurisdictions-such as the Cities/Counties of San Franciscoand Los Angeles-impanel separate criminal (indictment) and civil (watchdog) grand juries eachyear. Some counties impanel a separate criminal grand jury only when needed. The ButteCounty Grand Jury serves in both capacities.

How is the jury selected?

Each fiscal year the county superior court summons a large number of qualified citizens whohave resided in the County for over a year and are at least 18 years of age. The court makes itclear that service on the Grand Jury is voluntary. Potential jurors should be reasonablyintelligent, of good character, and must possess a working command of the English language.From the pool of willing candidates, the Court makes a good faith effort to select qualified menand women who are diverse in age and socioeconomic, ethnic and education backgrounds, andwho represent the varied geographic areas of the County.


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Superior court judges and staff interview the body of qualified and willing candidates and choose30 potential jurors. Nineteen members make up a full jury. At the discretion of the presidingjudge, as many as 10 members from the previous year's jury may "holdover" or serve a secondterm. In order to constitute the full panel of 19, names are drawn at random, and new jurors areadded to the existing holdovers. Jurors serve for a term of twelve months beginning in July.Over the course of the year and as necessary, alternates are called in sequential order from thepool of remaining potential jurors.

How does it work?

The presiding judge appoints a foreperson to preside at meetings. The Grand Jury organizesitself into officers and committees and determines which of the various departments and functionsof county, city and joint powers government it will review. It also reviews compliance with therecommendations of previous Butte County Grand Juries.

Inquiries on the part of the jury, letters and complaints from citizens, and dictates of the StatePenal Code collectively determine the jury's work. The Grand Jury aims to identify policies ingovernment that may need improvement. All actions of the jury - including any communicationfrom the public and all deliberations and votes - are completely confidential. The jury doespublish a report of its significant findings and recommendations. The jury's final report, however,typically reflects only a small part of the jury's actual endeavors over the course of its term. Statelaw requires specific and detailed responses from departments upon which the jury renders

findings and recommendations in its reports. Elected officials have 60 days to respond; publicagencies have 90 days.

The work of a grand jury is demanding. Most members can expect to invest approximately 500hours of time over the course of their term, but the work can be both gratifying and personallyrewarding. Service on a jury leads one to a much - improved understanding of the organizationand business of local government, and to the personal satisfaction of having contributed to itsimprovement. The grand jury experience provides a unique and valuable opportunity forcommunity service.


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BUTTE COUNTY AUDITOR-CONTROLLER

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Reason for Reviews

The 2000-2001 Grand Jury conducted the mandated reviews of the Independent Auditors Report for the yearended June 30, 2000, and the Butte County Final Budget for fiscal year (FY) 2000-2001.

Background

The audit was completed for the County of Butte by Bartig, Basler & Ray, CPAs, Incorporated of Roseville,California. Their report includes General-Purpose Financial Statements on county assets, liabilities, equityand other credits, revenues, expenditures, and changes in fund balances. Single Audit Reports appear onexpenditures of federal awards.

Monthly budget fund balance reports were regularly and promptly provided to the Grand Jury by the ButteCounty Auditor-Controller throughout the fiscal year July 2000-2001. These, along with copies of theProposed and Final Butte County Budget for FY 2000-2001, were reviewed and put on permanent file forfuture reference.

Each year reference copies of the Butte County Final Budget are made available to everyone as publicrecord documents at the Butte County libraries. The County of Butte Audit Report may be reviewed at theAuditor-Controllers office in Oroville.

Commendation

The 2000-2001 Grand Jury appreciates the efficiency, promptness and cooperation of the Auditor-Controllers office in Oroville.

Findings

None noted.

Recommendations

None

Responses Required (Penal Code 933 & 933.05)

None required.


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TREASURER/TAX COLLECTOR

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Reason for Visit/Investigation

As part of the ongoing effort of the Grand Jury to visit as many county offices as possible during itsterm, this office was selected for inspection. It had not been visited since the 1994-1995 Grand Jury

term.

Background

The Treasurer/Tax Collector is responsible for the investments, banking, loans to districts, revenueappropriation through tax collection, fines, etc., necessary to support the Butte County Governmentoperations in smooth transitional harmony with all departments within the County.

Investigation

On September 13, 2000, members of the Grand Jury made an announced visit to the office of the

Treasurer/Tax Collector. After being greeted by the department head, he gave an overview of theoffice functions. Jurors were escorted through the area and introduced to staff members. Each staffmember explained, in detail, their individual contribution to the office, which gave us the opportunityto ask questions. It was revealed by the department head that several employees have previousbanking experience relative to their particular assignments. This contributes to the high efficiency ofthe offices operation. All employees were upbeat and knowledgeable about their responsibilities.The area had a neat, clean and spacious atmosphere.

Findings

None noted.

Recommendations

None


None required.


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CITY OF GRIDLEY

GROWTH AND DEVELOPMENTReason for Visit/Investigation

Each year the Grand Jury selects one of Butte Countys five incorporated areas for review (Biggs,Gridley, Oroville, Chico, Paradise). Issues pertaining to Gridleys growth and development areaddressed in this report. Officials generously provided the Grand Jury with copies of the City ofGridley General Plan June 1999, City of Gridley Working Budget 2000-2001, and a wealth ofadditional information and materials during interviews and public meetings.

Background

The City of Gridley, located in Californias Central Valley, 70 miles north of Sacramento and 30miles south of Chico, was established in 1870 and incorporated in 1905. This small agriculturalcommunity, with a population of approximately 5,380 (2000 Census), is home to the Butte CountyFair and Sportsmans Expo. The citys low growth rate, averaging 1.62% per year, is partially dueto the fact that its area of 1.7 square miles is surrounded by agricultural land.

Investigation

Gridley is attempting to expand the citys boundaries through the creation of a sphere of influenceand annexations approved by the Local Agency Formation Commission (see accompanying mapSECTION 7, FIGURE 13 from the City of Gridley General Plan). There are parcels of land in variousstages of the approval process for commercial and residential development. A proposed subdivisionis in its seventh year of planning. It took 16 years to complete the last subdivision built in the city.

Several factors are influencing the growth and development of Gridley. In March 2001, the ButteCounty Planning Commission approved a proposal to rezone several areas, amounting to nearly 350acres, from SR-1, (single residence per acre) to SR-5 (single residence per 5 acres). After therequired public hearings and possible revisions, the proposal will be sent to the Butte County Board

of Supervisors for their decision. If it passes, these areas of Gridley will become urban reserves,and subdividing the parcels to less than 5 acres will be prohibited until adequate services areavailable and the need is deemed appropriate.

The Agricultural Element of the Butte County General Plan was approved by the Board ofSupervisors on May 9, 1995. Its four main policies, as stated in the Element (p. AE-1), are:

(a) To preserve agricultural lands for agricultural uses(b) To strengthen and support the agricultural sector of the economy(c) To protect the natural resources that sustain agriculture in Butte County(d) To consolidate agricultural policies required in mandated general elements into

one document

This year the county Planning Commission held several public hearings on the proposed revisionsto Phase 1 of the Element. Some citizens questioned the necessity for new buildings to be setback 300 feet from all agricultural operations, except where road frontage is involved. TheAgricultural Commissioner stated that dust, noise, and pesticides blown by the wind are thereasons for the setback. Members of the Planning Commission agreed to give the issue additionalstudy.

The former Butte County Planning Director met with members of the Biggs and Gridley CityCouncils and Planning Commissions to discuss the impact on the land within the corridor betweenthe two cities. The corridor is bordered by Biggs on the north, Hwy 99 on the east, Gridley on thesouth, and the Biggs-Gridley Road on the west. In its present form, the Agricultural Element willrequire parcels now designated A-10 through A-160 (Agriculture 10-160 acres), to be

reclassified to the new zoning, IA-10 through IA-160 (Intensive Agriculture 10-160 acres). The


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CITY OF GRIDLEY

GROWTH AND DEVELOPMENTMayor of Gridley requested that the mile-long corridor be declared a study area, and the futuregrowth and economic development of the two cities be considered.

Gridley is surrounded by rich agricultural lands that produce a variety of crops such as rice,almonds, walnuts, apples, plums, kiwi (it is called the Kiwi Capital of the U.S.) and peaches. Alarge percentage of the 42,000 tons of peaches grown in Butte County are processed in Gridley.

Most employment in Gridley centers around the agriculture-related jobs. According to 1999 cityfigures, out of a total workforce of approximately 2,080, over 1,200 employees worked seasonal jobsat one of the two food processing plants. That number of employees dropped to about 200 whenthe canning was complete.

The citys two other major employers are the Gridley Unified School District and Biggs-GridleyMemorial Hospital. Together with the city itself and five smaller companies, close to 640 year-roundpositions are offered that provide higher wages. The unemployment rate of this combined workforcein 1999 varied between 10.9 and 14.3 percent. Figures from the 2000 Census were not available toshow the impact of the current economy when this report was written.

After claiming over $500 million of debt, Tri Valley Growers (TVG) was approved for sale in the U.S.Bankruptcy Court, in January 2001. The 69 year-old company was one of the nations largestprocessors of peaches, pears, apricots, and tomatoes. The nine canneries are now owned by anewly formed entity, Signature Fruit Company, under John Hancock Life Insurance. The GridleyPlant is scheduled to open for a 31-day season this year.

Representatives from the Signature Fruit Company announced on May 1, 2001, that the GoldenButte Receiving Station which has served area peach growers since 1956 will no longer be used.Instead, approximately 50 local growers must transport their crops to the Lomo Crossing Stationwhich is located about five miles south of Live Oak on Hwy 99 where an S curve in the road isdivided by a railroad crossing.

This raises several major concerns:

(a) Safety problems will be exacerbated by the increased truck traffic.(b) The fragile fruit may suffer damage when it is hauled 20 additional miles.(c) Transportation costs will be higher.(d) Worst of all, this may signal the future closing of the Gridley processing plant.

In March 2001, the U.S. Congress approved a $20 million aid package for TVG members only. Theaid will cover about half of last years losses.

Prospects for a profitable dried plum year are dim. Some growers will be able to sell only a portionof this years crop, while others wil l not be able to renew their contracts with processors at all.Markets are estimating they will need only 70% of this years prune crop, and co-op members maynot be paid until their fruit is sold on the market. Like the peaches last year, 20-30% of the prunetrees may need to be pulled. Orchardists are struggling to find a crop that is not in surplus.

City officials and the community are working to create more jobs and diverse employmentopportunities in Gridley. Economic development is a high priority. In 1997, the City Council formedthe Business Improvement District (BID). It operates under a contract that must be renewed eachyear. In the event businesses representing 50% or more of the fees assessed by BID write lettersprotesting the fees, the council would not be able to vote in favor of allowing the district to levy theassessments ranging from $50 to $500 annually.

BID anticipates collecting $22,000 in fees from 165 businesses located within the city limits. TheCity Council matches these funds, and with $4,975 carrying over from last year, the 2000-2001budget will be approximately $48,975.


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CITY OF GRIDLEY

GROWTH AND DEVELOPMENT

The twelve members of the Board of Directors have set four goals:

(a) BEAUTIFICATION of the district, making it more attractive to shoppers,business investors, and tourists

(b) PROMOTION of the commercial district to increase sales(c) RECRUITMENT of new investment into business start-ups and expansion of

existing businesses(d) OPERATIONS to foster understanding of BIDs programs and projects through

communication and member participation

The October 2000 BID newsletter reported an increase of 12% in Gridleys retail sales since 1997.

One of the many strategies to implement these four goals is the citys contract with an economicdevelopment firm. Over the period of a year, consultants will work with several local citizens tocreate and maintain a database of vacant buildings, condition of buildings, listing prices andsuggested use of specific buildings. The firm also prepares promotional packages for existing

businesses to increase sales and to attract new businesses to the city. A major goal is to identifya suitable site for the development of an industrial park and to recruit businesses that are clean andcompatible to that site.

South Butte County has plenty of open space and people who need jobs. In March 2001, a publichearing was held regarding the application for a proposed Foreign Trade Zone in the area. Thesites toured by the legal counsel of the U.S. Department of Commerce included 2,646 acres inOroville and 164 acres in Gridley. The zone would allow companies to import and exportmanufacturing parts and products with no imposed tariff until the product leaves the zone. April 17,2001, was the last day to make comments. The review process will take an additional eight totwelve months.

The California legislature passed a law in 1991 requiring Sacramento Valley rice growers to begin

phasing down rice straw burning at the rate of 10% per year beginning in 1992. Except underlimited circumstances, burning will not be allowed after 2001. Farmers will need to prove their fieldsare contaminated by disease before they will be permitted to burn the stubble. Rice growers havespent more than $50 million in disposal costs since 1992.

Assembly Bill-2514, sponsored by the Californian Rice Commission and authored byAssemblywoman Helen Thompson, would create jobs by offering a $20 per ton incentive forbusinesses to use rice straw in a product or service. The $2 million Thompson bill is aimed atfinding alternative economical and environmentally safe ways to dispose of 1.5 million tons ofNorthern Californias rice straw.

Ethanol is seen as a future source of inexhaustible and clean energy for the world. It is producedwhen sugars are extracted from biomass or organic waste products and then fermented. InCalifornia, rice straw ethanol may become a replacement for the gasoline additive MTBE which ismandated to be phased out because it is a hazardous groundwater pollutant.

Officials in Gridley have researched the possibility of building a rice straw ethanol plant. Acommittee comprised of the mayor, the citys energy commissioner, a councilman, the presidentsof the Chamber of Commerce and BID, and the Business Development Manager of BC InternationalCorporation (BCI) toured six Minnesota co-op corn ethanol plants in March 2001. The plants, whichvaried in size and production, were built between 1983 and 1997. It was noted that some odor isassociated with the processing of the by-product, dried distilled grain (DDG) and sewer problemsdeveloped in two of the cities.

The delegates presented all the information to the City Council. Their research suggests that:


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CITY OF GRIDLEY

GROWTH AND DEVELOPMENT(a) The ethanol plant needs to be located where the truck traffic will not createcongestion.

(b) Odors can be minimized or eliminated by not producing DDG.(c) New technology filtration systems clean the plant waste water so it can be usedover and over.

The U.S. Department of Energy has already budgeted $5 million for this project. Spurred on by thecommittees report, the need to create local jobs and the prospect of increased revenue for Gridley,the city administrator and the energy commissioner traveled to Washington, DC. Their mission wasto seek an additional $5 million from the Department of Energy and $10 million from the Departmentof Agriculture for the Gridley Ethanol Project.

In 1998, BCI was selected to be the developer, major owner and operator of the Gridley plant. Theproposed site is next to the Pacific Oroville Power Plant. Construction of the facility, which will becapable of producing 20 million gallons of ethanol per year, is estimated to take 14 months. It willprovide about 350 construction jobs and employ more than 60 full-time personnel.

Commendation

The Butte County Grand Jury commends the Gridley officials on their efforts to improve theeconomic development of their community while helping those associated with agriculture.Findings

A. The residential, commercial and industrial growth of Gridley is handicapped by itslimited area.

B. Gridleys high unemployment rate is a chronic problem that directly or indirectly affectsall businesses in the city.

C. Economic development is limited by dependence on seasonal agriculture-related jobs.

Recommendations

1. Continue to:(a) Support the expansion of the city's boundaries.(b) Pursue the possibility of building an environmentally safe rice straw ethanol

plant.(c) Work toward the development of an industrial park.(d) Strive for diversification of jobs that provide higher wages and year-round

employment.(e) Promote Gridley as a good place to relocate or start a business.

2. Take full advantage of the services offered by the new Butte CommunityEmployment Center in Oroville.


Gridley City CouncilButte County Planning CommissionButte County Board of Supervisors


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BIGGS-GRIDLEY MEMORIAL HOSPITAL

18


Interviews conducted with Gridley City officials in November 2000 and local newspaper articlesprovided information about the serious difficulties facing Biggs-Gridley Memorial Hospital (BGMH).

The Grand Jury decided to investigate those issues.

Background

The main core of BGMH was built in 1949 as a community-owned, nonprofit corporation. Over theyears, additions to the facility expanded its capacity to 49 licensed beds including five in intensivecare.

Currently, BGMH offers inpatient and outpatient surgery, intensive and critical care units (ICU/CCU),cardiopulmonary testing, laboratory work, radiology, rehabilitation therapy and many other servicesto the communities of Gridley, Biggs, Richvale, Live Oak and surrounding areas. The hospital alsooperates two health clinics and a home health agency. Tele-Care services, provided by BGMH Pink

Ladies Auxiliary, are available to anyone who lives alone.

Paramedics are on duty 24 hours per day/7 days per week. The shifts include 24 hours on dutyand 24 hours off duty for 10 days, then 4 days off. A trailer on the east side of the building hasbeds, a kitchen and living quarters for those who are on call.

The Butte County Supervisors formed County Service Area-37 (CSA). A 7-member advisorycommittee evaluates the bids for ambulance service. Enloe Hospital holds the contract at this time,and also provides CSA-37 with helicopter transport to trauma centers throughout the region.

Investigation

When the new Chief Executive Officer (CEO) and the Chief Financial Officer (CFO) were hired inMarch and May 2000, respectively, the Biggs-Gridley Memorial Hospital faced two seriousproblems.

First, like many small rural hospitals, it had major financial difficulties:

(a) There were no reserve funds with which to pay outstanding debts for goods andservices rendered.

(b) Federal, State and HMO payments declined for the large number of Medicare(63%) and MediCal (14%) patients.

(c) Child Health and Disability Prevention (CHDP) and County Medical Services Plan (CMSP)patients amounted to 3 percent.(d) BGMH provided $282,845 for free and charity cases.(e) Y2K computer conversion complications impacted the collection of accounts

receivable from patients.

With unpaid debts of $1,010,300 and a year-to-date loss through December 2000 of $1,796,820, thehospital requested and was granted a line of credit from a regional bank. However, the account wasfrozen at $710,000. In January, the Gridley City Council offered to loan the hospital up to $300,000in city funds, to keep it open for 60 days. This loan was not used.


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After the Northridge earthquake in 1994, the Governor of California signed Senate Bill-1953 (SB). Itrequires all acute care facilities in the State to meet stringent seismic-safety standards by January2008, or close the doors. The estimated cost to retrofit or replace the acute care section ofBGMH is between 5 and 10 million dollars.

The Biggs-Gridley Memorial Hospital Board of Directors and the Chief Executive Officer began tonegotiate a proposal for affiliation with the Fremont-Rideout Health Group. FRHG is a community-based, locally governed, nonprofit organization based in Yuba City, California. It has approximately$200,000,000 in assets and employs 1800 people.

A public hearing was held in Gridley on February 26, 2001. Representatives from BGMH, FRHG,and the California Attorney Generals Office provided information, answered questions, and listenedto audience comments. The community showed strong support for the affiliation. Endorsements forthe proposal also came from the BGMH Corporate Members, state legislators representing thearea, and the City Councils of Gridley, Biggs, and Live Oak.

A letter dated March 20, 2001, stated that the Attorney General approved the transfer of corporate

control of Biggs-Gridley Memorial Hospital to the Fremont-Rideout Health Group pursuant toCorporations Code Sections 5921. His consent was subject to conditions previously accepted byboth parties.

The Affiliation Agreement includes, in part:

(a) The name of the hospital will remain the same.(b) An in-depth analytical study is to be conducted after the legal transfer is completed on April

1, 2001.

(c) All employees (approximately 193) will keep their jobs, seniority and benefits.(d) FRHG will assume all BGMH debts.

(e) A new acute care center will be built, in compliance with SB-1953 standards, on a5-acre parcel owned by BGMH. It does not include ICU/CCU at this time.

(f) The present facilities will be remodeled and become an outpatient care center.(g) One BGMH representative will serve as a full, voting member of the FRHG Board ofDirectors.

(h) The Biggs-Gridley Memorial Hospital Operations Committee will have 4 members, 2 fromBGMH and 2 from FRHG.

(i) The current BGMH Board of Directors will become the Board of Directors of the Biggs-

Gridley Memorial Hospital Foundation.

Construction of a new ICU/CCU will cost between $350 and $400 per square foot compared to $100per square foot for other sections of the building. Since BGMH averages only 1 or 2 patients in thisunit, there is no guarantee it will be included. Some services will be eliminated and some surgeonswill be lost if the new ICU/CCU is not built.

Commendations

The Grand Jury commends the efforts of everyone who is working to save these vital hospitalservices.


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Findings

None noted.

Recommendations

None


None required.


21/71

HOUSING AUTHORITY OF THE COUNTY OF BUTTE

FARM LABOR COMMUNITY

22


Members of the Grand Jury visited the Butte County Housing Authority Farm Labor Community,

located east of the City of Gridley, to learn about the complex and the impact of its residents onarea jobs, businesses, services, and schools.

Background

In 1946, the Housing Authority of the County of Butte (HACB), which was formed by the Board ofSupervisors, incorporated as a nonprofit public agency in accordance with regulations of the U.S.Department of Housing and Urban Development (HUD). The Housing Authority receives no fundsfrom Butte County. All funding is provided by HUD and Farmers Home Administration (FmHA).

The HACB Board of Commissioners, comprised of one appointed member from each of the fivesupervisorial districts, serve four-year terms which coincide with the elected term of the supervisor

representing each respective district. Additionally, two appointed resident or tenantcommissioners serve two-year terms. The seven board members meet once each month.

The programs provide affordable, safe and decent housing for qualified families, seniors, disabledand handicapped persons. In addition to the applicants family composition, their rental history andother evidence of responsible behavior is considered for occupancy. There is always a waiting list.

HUD evaluates all Butte County Housing Authority complexes annually. The Farm LaborCommunity consistently ranks above the 90 percentile and is in the high performance category.

Investigation

Members of the Grand Jury have interviewed the Butte Housing Authority Executive Director and theAssistant Housing Manager of the Farm Labor Community. The Grand Jury appreciates the wealthof information and the guided tour of the complex.

Residents of the community live in cement block duplexes. The 130 two-bedroom units rent for$325 per month, while the 6 three-bedroom units rent for $450 per month. However, the rent isadjusted as needed. Tenants are given $50 per month utility credit on their P.G.&E. bill. Thecommunity has water from its own well, street lighting, off-street parking, a laundry room, and alarge recreation field. Trash collection is provided by the same company that serves Gridley, andthe City of Gridley extends sewer service to the complex.

Two or more workers are in charge of general maintenance on a daily basis. The exteriors of the

buildings are painted every eight years. However, painting over graffiti on the laundry room walls isan ongoing job. The interiors of the buildings are either touched-up or painted when tenants moveout. Long term tenants homes are painted approximately every five years. Recent improvementsinclude new roofing, lowered living room ceilings that help conserve energy, and new wall heaterswith improved air return.

Most of the adult residents work at agriculture-related jobs. The sale of Tri Valley Growers has leftmany workers unsure of employment. A day care center, located on the premises, is open fromApril to October to accommodate work schedules.


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HOUSING AUTHORITY OF THE COUNTY OF BUTTE

FARM LABOR COMMUNITY

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Families shop in Gridley, avail themselves of medical and dental services, enjoy the special eventssponsored by the city, and send approximately 200 children to the Gridley Unified School District.

Youngsters attend the Head Start Program located on the premises, and all families are invited toattend the English as a Second Language (ESL) class. Tutoring and after school programs areavailable with the assistance of a Gridley teacher and trained volunteer college students.

The Butte County Fire/California Department of Forestry (CDF) and the Sheriffs Department provideassistance and protection to approximately 600 residents of the Farm Labor Community. ASpanish speaking deputy sheriff, currently assigned to that area of the county, patrols the complexfive nights per week. When this deputy is off duty, the response time is understandably longer. Allemergency calls should be made to 911.

Statistics, provided to the Grand Jury by the Butte County Sheriff and Undersheriff, show only oneserious crime reported at the Farm Labor Community between September 1992 and February 2001.However, the new clinic, that was opened nearby to serve the complex residents and their

neighbors, was burglarized and damaged in March 2001.

Findings

A. Gang activities and drug problems reportedly increase between April and November,especially when outsiders attend soccer games.

B. Graffiti is frequently found on the walls of the laundry room.

Recommendations

1. Request help from the Sheriffs Team of Active Retired Seniors (STARS) and the head ofthe Gang unit. Discuss possible solutions to existing concerns.2. Maintain and enhance the Neighborhood Watch Program.3. Attempt to form a tenant graffiti eradication team that includes some teenagers. Consider

starting art classes. Display the work, on a rotating basis, in a central location.


Butte County SheriffHousing Authority of the County of Butte Board of Commissioners


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GRIDLEY HIGH SCHOOL

25


Grand Jury investigations into school matters are limited to areas involving finances. Personnel andcurriculum decisions do not fall within that jurisdiction.

Two issues were reviewed this year. A citizens complaint requested that the Grand Jury study theGridley High School (GHS) policy which determines whether students are required to pay a $30transportation fee before being permitted to participate in a sport.

Secondly, the Grand Jury inquired about the Immediate Intervention/Underperforming Schools(II/UPS) state grant which Gridley High School plans to use in order to help raise the test scoresassociated with the Academic Performance Index (API).

Extra-Curricular Transportation Fees

Background

A comprehensive investigation of extra-curricular transportation fees in Butte County schools wasconducted by the 1997-1998 Grand Jury. The report stated that the office of the StateSuperintendent of Public Instruction, California Department of Education, advised that transportationfees are prohibited by the Free School Guarantee of the California Constitution and Section 350 ofTitle 5 of the California Code of Regulations. The high school in question stopped chargingtransportation fees.

Investigation

Members of the 2000-2001 Grand Jury interviewed the complainant, the former principal of GHS, acoach and a student advisor to gain more information about current policy on this subject.

A January 9, 2001 copy of Gridley Unified School District Board Policy 6145(a) states, in part, Nostudent shall be prohibited from participating in extra-curricular activities related to the educationalprogram because of inability to pay fees associated with the activity.

Until this year, students were required to pay the $30 per sport fee, up to a maximum of $120 peryear, per family, to offset the increased cost of $3 per mile to operate busses. This requiredtransportation fee has since been rescinded.

The school now asks for a voluntary payment of $30 per sport, and those who are unable to pay aregiven the opportunity to serve the school by doing various on-campus tasks.Findings

A. School Board Policy does not clearly state that, by law, transportation fees cannot be

required of students.

Recommendations

1. Members of the Grand Jury understand the financial dilemma of the school system.However, the Board of Trustees needs to develop a clear policy that adheres to the FreeSchool Guarantee which states that transportation fees are prohibited.

2. Consider forming a permanent sports-boosters organization that can sponsor fund-raisersfor transportation costs.


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GRIDLEY HIGH SCHOOL

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Gridley High School PrincipalGridley High School Athletic DirectorGridley Unified School District Board of Trustees

Immediate Intervention/Underperforming Schools State Grant

Background

The Governor of the State of California signed the Public Schools Accountability Act into law in1999. It provides a method by which academic performance level and growth in the areas ofreading, writing, math, science and history can be measured. The Academic Performance Index(API) ranges from a low of 200 to a high of 1000. The Governor encourages all high schools to strivefor a goal of 800 or higher.

Investigation

Gridley High School students in grades 9 through 11 had a base score of 596 in 1999. After settinga growth target of 10 points, the Stanford 9 (SAT 9) test was given in April 2000. This test scorewas compared for positive or negative growth from the 1999 score. GHS missed its growth target of10 and the 2000 score dropped to 558 or -38 points.

When a school does not meet its growth target, it is placed on the ImmediateIntervention/Underperforming School List and becomes subject to local intervention. An externalevaluator is selected to work with a committee comprised of 25-30 parents, city representatives,teachers and school trustees. They are charged with developing an action plan which must besubmitted to and approved by the California Department of Education. Approval of the action plan

qualifies the district for help and implementation grants. GHS could receive between $50,000 and$96,000.

Gridley High School has followed these procedures. Failure to improve scores sufficiently afterimplementing the action plan will subject the school to state intervention at the end of the secondyear. If the school makes significant progress, but fails to meet the growth target rate after twoyears in the program, it may continue to receive help and funding for a third year.

The School Board and the California Department of Education will closely monitor the progresswhich includes teacher training and aligning curriculum to state educational standards. A strongprogram must also encourage students to have a positive attitude about learning, preparing for andtaking the test.

Findings

None. It is not within the jurisdiction of the Grand Jury to determine or evaluate school curriculum.

Recommendations

None


None required.


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BUTTE COUNTY LIBRARY

FLYING THE AMERICAN FLAG

29


The Grand Jury received a citizens complaint that the American Flag was not being flown outside

the Chico Library.

Background

The head librarian of the Chico Library was contacted and questioned regarding the flag. She statedthat they no longer fly the flag due to vandalism and the resulting cost of replacement andmaintenance.

Investigation

Members of the Grand Jury looked into trying to obtain free flags for the library. Several veterans

groups were contacted and responded that due to cost they no longer give out free flags.

The Grand Jury also looked at other Butte County Libraries and found that the Oroville and GridleyLibraries fly the flag on a daily basis.

After checking into the codes regarding flying the flag, the Grand Jury submitted an OpinionRequest to the office of the County Counsel requesting the following information: Who isresponsible for providing and maintaining flags for the county? and What constitutes a publicbuilding of the county?

Government Code Section 431 provides, in pertinent part, that:

The Flag of the United States and the Flag of the State shall be prominentlydisplayed during business hours upon or in front of the buildings or grounds of . . .each public building belonging to the State, a county or municipality . . .

Butte County Code Section 2-20.8 titled General Services provides, in pertinent part, thefollowing:

The Chief Administrative Officer shall be responsible for, and exercise supervisionand control over, services provided to county departments as follows:

(a) Direct the purchasing of supplies, materials and equipmentthrough the procedures set forth in the purchasing ordinance.

(b) Exercise general supervision over all public buildings and property . . .

On the advice of the County Counsel, the Grand Jury advised the County Administrative Officer andthe Library Director of Butte County of the above code provisions.

Findings

A. The Durham and Biggs Libraries do not display the flag outside the buildings


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BUTTE COUNTY LIBRARY

FLYING THE AMERICAN FLAG

30

because there are no flagpoles.

Recommendation

1. Butte County attempt to find adequate funding to supply the county libraries withAmerican flags.


Butte County Chief Administrative OfficerButte County Library Director


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31

COUNTY CLERK-RECORDERS DEPARTMENTELECTIONS DIVISION

BUTTE COUNTY ELECTIONS ABSENTEE BALLOTS


Prior to the 2000 November General Election, the Grand Jury members visited the Election Office asa follow-up to a previous Grand Jury report.

Background

In elections held in Butte County there has been a steady increase in the number of absentee ballotsmailed to voters, in part due to the remote living areas in the county. In the 2000 Presidential GeneralElection, 24,632 absentee ballots were cast in Butte County, or 21.7% of the total ballots cast. This isa substantial increase from the 7,341 absentee ballots or 7.4% of the total ballots cast in the 1984Presidential General Election. This continually presents a problem to the Election Office in findingways to ensure that the absentee ballots are returned prior to the close of the polls on election day.

The California Elections Code, Division 3, Chapter 1, Section 3017, states, in pertinent part:

All absentee ballots cast under this division shall be voted on or before the day ofthe election. After marking the ballot, the absent voter shall either: (1) return theballot by mail or in person to the elections official from whom it came or (2) return theballot in person to any member of the precinct board at any polling place within thejurisdiction. . . . The ballot must, however, be received by either the elections officialfrom whom it came or the precinct board before the close of the polls on election day.

The provisions of this section are mandatory, not directory, and no ballot shall becounted if it is not delivered in compliance with this section.

In the November 1998 General Election 400 to 500 absentee ballots did not arrive in time to becounted. While human error will always play a part in this process, the Grand Jury felt that with the

help of the Registrar of Voters and the Assistant Registrar of Voters, we might find some ways todecrease the number of uncounted absentee ballots in future elections.

Investigation

It should be stated here that the Registrar of Voters and the Assistant Registrar were just asconcerned and had started their own brainstorming to decrease the number of uncounted ballots.They welcomed any assistance and input from the Grand Jury.

Because the next election was the 2000 November Presidential General Election, the Grand Jurymembers and the Registrar of Voters determined that a solution needed to be found immediately. It

was felt that there were two main issues at play here. One was the education of the voters to obtaintheir absentee ballot and return it early to allow the most amount of time for the transportation of theballot. It was felt that public service announcements, both on radio and television about returning theballots early, would help immensely.

The second issue was the transport of the ballots by the U.S. Postal Service. An assessment wasdone of the various lines of travel of mail in Butte County. It was discovered that all mail picked up inButte County on Saturday was sent to Sacramento to be processed, and not to Marysville, therefore itmay not arrive at the Election Office by the close of the polls on election day. Members of the GrandJury arranged a meeting with election and postal officials and various options were discussed. It was


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decided that each post office would be asked to pull the ballots from the outgoing mail and hold themto be picked up by election officials starting on the Friday before the election.

A meeting was held after the election and an analysis was done on the absentee ballots received toolate to be counted for the 2000 election. It was found that the number of uncounted absentee ballotshad decreased to less than 100. The vast majority of those ballots were mailed from out of thecounty, state, or country.

Commendations

1. The Registrar of Voters and the Assistant Registrar of Voters are to be praised for thework they do to put on an election. They are highly motivated and devote many longhours getting everything in place for the elections.

2. The local Postmasters, Letter Carriers, and Mail Clerks are to be commended for theircooperative efforts in the 2000 November General Election.

Findings

A. Four hundred to five hundred absentee ballots in the 1998 November General Electiondid not arrive in time to be counted.

B. Some absentee voters are not adhering to ballot instruction deadline times.

C. Mail picked up in Butte County on Saturday is processed in Sacramento rather thanMarysville.

Recommendations

1. The Registrar of Voters continues to inform and educate the voters of the need to returntheir absentee ballots in a timely manner.

2. The Registrar of Voters and U.S. Postal Service continue to diligently communicate and

cooperate to ensure that absentee ballots are delivered to the Election Office in a timelymanner.


Butte County Registrar of Voters


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34

COUNTY CLERK-RECORDERS DEPARTMENT

ELECTIONS DIVISIONELECTRONIC VOTING MACHINES

Reason for Visit

The Registrar of Voters invited members of the Grand Jury to an Election Technology Exposition atthe State Capitol.

Background

The 2000 Presidential General Election brought to the forefront the deficiencies of the various votingsystems used nationwide and the need to modernize and standardize the voting and tabulationsystems. At present, individual states and counties design their own ballots. There are manydifferent ways in which the votes are tabulated due to the number of different ballot designs within thestate. The Grand Jury was informed that 54 separate and distinct ballots were used in Butte Countyalone due to different issues in the various precincts.

Grand Jury members assisting the Election Board in the 2000 Presidential General Election sawfirsthand the number of improperly marked ballots. Butte Countys ballots are designed to be marked

with an X. Even with this simplified form of voting, failure to follow instructions lead to many ballotshaving to be individually reviewed by election officials.

Investigation

Many vendors at the Election Technology Exposition displayed and demonstrated their current andpotential technology. These new developments can enhance and improve the election processes,making our elections more accurate, user friendly and cost effective.

Two separate types of voting machines were on display:

Touch Screens

Touch screens can be placed at the precincts in the county, thus enabling voters to accuratelycast their vote and have it electronically recorded and counted. These touch screens have thepotential of being set up several weeks prior to an election at various remote sites in the countyto enable voters to vote prior to the actual election day, thus eliminating the need for manyabsentee ballots. The touch screen machines can be programmed to include all types ofseparate ballots used in the county, so no matter where a person votes, they may pull up theballot for their individual precinct.

The touch screens are also capable of being programmed so that the visually impaired votermay accurately and secretly cast their vote. They can also be programmed to accommodateany of the languages required by the federal Voting Rights Act.

One major advantage of the touch screen is the elimination of over-voting. Also, if a box is notmarked, it will question the voter to make sure they did not accidentally miss this issue on theballot.

The new touch screen voting machines are as simple to use as todays automatic tellermachines (ATM).


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Optical Scanning Machines

The optical scanning machine reads a printed ballot marked by the voter at the precinct, or anabsentee ballot that is returned by the voter in a timely manner. At the precinct level, the votersmarked ballot is inserted into the optical scanner. If the voter made a mistake on the ballot, suchas an over-vote or not marking the ballot properly, the optical scanner will reject the ballot andthe voter can then correct the mistake and re-enter the ballot into the scanner to be accuratelytabulated.

Both machines have elaborate security measures built in, including a battery backup in case of loss ofelectrical power. They also have the ability to be reprogrammed as needed to fulfill future usage.

Combined with the above and the ability to give instantaneous results, and the low maintenancerequired, either of these machines represent a good investment for the future of Butte County.

Several counties within the State of California, as well as other states in the nation, have alreadymodernized their voting system and have purchased or are in the process of purchasing this newvoting technology.

The County Election Office and the City of Chico have combined efforts to lease touch screen votingmachines for the June 5, 2001, special election.

Findings

A. The election equipment being used in Butte County is outmoded and outdated.

B. The X marked paper ballots now in use allow for errors that require time consuming andcostly special handling.

Recommendations

1. The Butte County Election Office needs to modernize and update their voting equipmentin order to keep pace with the state and the nation as a whole.

2. The Butte County Board of Supervisors diligently attempt to make available to theElection Office sufficient money to allow for a more advanced voting system.


Butte County Registrar of VotersButte County Board of Supervisors


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BUTTE COUNTY DEPARTMENT OF SOCIAL WELFARE

BUTTE COMMUNITY EMPLOYMENT CENTER

37


Members of the Butte County Grand Jury were invited to visit and tour the Butte Community

Employment Center (BCEC) in Chico.

Background

The Chico facility was opened in May 1998 and currently employs 250 people. Six differentlanguages are spoken by employees of the center. BCEC is a cooperative effort between theDepartment of Social Welfare, Employment Development Department (EDD) and the PrivateIndustry Council (PIC). Some of the other departments associated with the facility are RegionalOccupational Program (ROP), Behavioral Health, Public Health and District Attorney - FamilySupport Division.

While the BCEC is exemplary in many ways, the Grand Jury members noted that the Public Health

Department lacked a restroom immediately adjacent to the examining rooms. The clients arerequired to utilize the restroom in another area of the center.

The county has recently opened a similar facility in Oroville that houses many of the samedepartments and programs as the Chico offices.

Investigation

The Grand Jury members found this to be far more than an employment center. Many types of jobtraining, health services, adult services, childrens services, general assistance and food stamps areavailable. There is also a unit called Green Thumb Inc. to help senior citizens find jobs to

supplement retirement income. This offers special training when necessary to qualify foremployment. Help is available with the collection of child support from delinquent parents for thosewho need the service.

The major focus of the center is to assist people in getting their lives in order by helping them tohelp themselves. This is accomplished through job training and placement. Childcare for workingparents and health services for the entire family is available when needed.

Approximately 10,000 people enter the front door to make use of the many resources available atthe center each year. Of that number, about 3,000 come to utilize the employment services only.Various departments work with community groups and businesses to aid in job search. Forexample, an agreement with the Enterprise-Record allows applicants to go on the Internet and pullup the classified ads. When clicking on an employment ad they can get an application or rsum

form that can be filled out and sent directly to the employer via the net.

The center considers itself the One Stop to Success for anyone in need

Commendation

The Butte Community Employment Center and its personnel are to be commended for theirdedication and pride in their accomplishments.


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BUTTE COUNTY DEPARTMENT OF SOCIAL WELFARE

BUTTE COMMUNITY EMPLOYMENT CENTER

38

Findings

A. The Public Health Department lacked a restroom immediately adjacent to the examiningrooms. The clients are required to utilize the restroom in another area of the center.

Recommendations

1. The Grand Jury strongly encourages the Public Health Department and PIC to install arestroom in the existing department or an alternative may be to relocate the entiredepartment to an area of the facility where a restroom could be more easily installed.


Butte County Public Health Department DirectorButte County Public Health Department Clinic Manager


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39

REGIONAL OCCUPATIONAL PROGRAMBUTTE CULINARY ACADEMY


Grand Jury members felt the Culinary Academy should be visited, as it had never received a GrandJury visit in the past.

Background

Butte Culinary Academy is a cooperative training venture between Butte County RegionalOccupational Program (ROP), Butte County Private Industry Council (PIC) and California StateUniversity Chico (CSUC).

The Academy started about 6 years ago in Oroville. After one year it moved to its present location onthe CSUC campus in the faculty/staff dining area and utilizes the full service kitchen at SelvestersCaf by the Creek.

The Academy has one full time instructor and an assistant instructor. The classes are made up of 15

students and the course takes seven months to complete. The stated goal of the Academy is toprepare students for permanent full time employment in a variety of food establishments and settings,with the ultimate goal of achieving chef status.

Investigation

The Grand Jury members found that the teaching staff at the Academy is motivated andknowledgeable. This is also reflected in the students interviewed as they now have a future and areeager to embrace it. The students come from a wide variety of social and economic backgrounds.

A review of the course graduates for 1997/1998 shows 32 completers with 27 employed in a relatedfield an 85% success rate. The 1998/1999 class shows 23 completers with 18 employed in related

fields a 78% success rate. The 1999/2000 class had 24 completers with 21 employed in a relatedfield an 88% success rate. These numbers do not include the graduates that have gone on tofurther their education.

The Academy has a very favorable relationship with the Work Training Center (WTC). The WTC iscontracted to clean the work area and dishes at the end of the day. Besides being paid, the workersall receive a free meal before leaving. An interview of the WTC workers reveals the fact that this is avery popular job to have and many are long term workers there. Each is aware they are a part of ateam and take great pride in their work. This also gives the WTC valuable experience in restaurantcleaning, an aid in obtaining more jobs in this field.

Commendation

The Academy appears to be well run and efficient. The staff is to be commended for their hard workand dedication. Butte County is very fortunate to have such a program.

Findings

None noted.


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Recommendations

None


None required.


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41

REGIONAL OCCUPATIONAL PROGRAMNORTHERN CALIFORNIA FOOD SERVICE SCHOOL


The Northern California Food Service School has never received a Grand Jury visit. It was felt that avisit and report were in order.

Background

The Northern California Food Service School is operated under the guidance of the Butte CountyOffice of Education and the Regional Occupational Program (ROP). This program has been inoperation since the latter part of 1999. The Food Service School shares its facilities with the ButteBaking Academy program. The two compliment each other and, at times, it is difficult to tell whereone stops and the other begins.

The stated purpose of the course is to . . . provide skills necessary to obtain employment or gain jobtraining in the food service field. Training will include the areas of food preparation, safety andsanitation, line cook, assistant cook, bakery/pastry, host/cashier, pantry, waitstaff, busser, andcatering occupations. Additional courses include dishwasher, cafeteria worker, sandwich person andjanitor/restaurant. The classes have a maximum of 15 students and are open-ended. The length of acourse is between 400 and 800 hours. Students can earn a Certificate of Proficiency, high schoolcredit, or college credit for some classes.

Investigation

The instructor is very experienced and knowledgeable. The lessons, both classroom and hands-on,are taught with care and great attention to detail by the instructor and an assistant. The difficult andchallenging responsibility of the instructor cannot be over-emphasized. Fifteen students of variousskills and backgrounds are performing different assignments at the same time. The instructor seemsto be everywhere at once with a friendly encouraging voice, giving direction, bestowing praise anddemonstrating difficult tasks.

The students enrolled in this school come from varied backgrounds and educational levels. They

seek the necessary skills to enter the food service field, from entry level to more advanced positions.The success ratio of placing students in the food service field is growing with each class. The skillsthey learn and confidence they gain help them in advancing in their new careers.

Commendation

The Northern California Food Service School fills a very necessary niche in Butte County. There is agrowing demand for skilled food service personnel, which this school effectively fills. It takes a veryspecial person to instruct such a class and Butte County is very fortunate to have found one.

The staff and students of this school are to be commended.

Findings

None noted.

Recommendations

None


None required.


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REGIONAL OCCUPATIONAL PROGRAM

BUTTE BAKING ACADEMY

43


This was the first visit to the Butte Baking Academy by a Grand Jury. It was felt that this programwas too important to go without a visit.

Background

The Butte Baking Academy is under the guidance of the Butte County Office of Education and theRegional Occupational Program (ROP). This program is completing its second year and sharesquarters and equipment with the Northern California Food Service School. The two schools interactwith each other.

The stated purpose of the course is, in pertinent part, to . . . prepare individuals in bakingproductions skills used in institutional, commercial, and privately owned bakeries . . .. . . . thecurriculum includes instruction in planning and preparation of baked products, safety and sanitationprocedures, efficient time management, public relations and the use and care of commercialequipment.

Investigation

The instructor is extremely well qualified and experienced and brings a wealth of knowledge to boththe classroom and hands-on instruction. Class size is limited to accommodate comprehensiveindividual instruction. The class is ongoing with open enrollment. The instructor and assistant arehighly visible, giving demonstrations, helpful hints and some well-deserved praise.

The students attending this academy are from diverse backgrounds and educational levels. Someare entering the job market for the first time, while others are seeking skills for a career change. All

the students soon become inspired by their instructors passion for detail and show a collectivepride, both in themselves and their accomplishments. Upon completion of the program studentsearn a Certificate of Proficiency.

Commendation

This program and its instructor deserve some well-earned praise. With an ever-increasingstudent placement, Butte County benefits twice: gainfully employed citizens and some great tastingbreads and pastry.

Findings

None noted.

Recommendations

None


None required.


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REGIONAL OCCUPATIONAL PROGRAMREGISTERED DENTAL ASSISTANT


An initial Grand Jury visit was made to the Registered Dental Assistant (RDA) clinical classroom inresponse to an invitation by the Regional Occupational Program (ROP) director.

Background

The Registered Dental Assistant program is offered through Butte County Regional OccupationalProgram. The ROP job-training course is highly marketed through many advertising avenues. Eachyear the program maintains its viability by receiving a sufficient number of applicants. Those whocomplete the program are eligible for immediate employment or can continue their education. Thestudent survey of 1999-2000 indicates that over 91% of the graduates are employed or arecontinuing their education.

Investigation

The Dental Assistant program had its beginnings in 1980, and in 1984 it became a Registered DentalAssistant program. It provides a high quality job training study course. The classroom will soonrelocate, moving from Durham to the newly constructed facility in Chico.

The school applicants respond to a written and oral interviewing process. Twenty students ranging inage from 18-35 are accepted to begin in mid-August. This is a nine month, 1,012 hour course ofstudy. There is no tuition charge, but all students pay a registration fee. Individuals are responsibleto purchase textbooks, miscellaneous supplies and pay fees for the RDA Certification.

The full-time instructor and a part -time RDA instructional aide teach in a well-equipped clinicalclassroom. Local dentists donate most of the dental equipment. The dentists also teach proceduresin the classroom by giving dental care to the students who volunteer to be patients. The dentistsfurnish the instrument trays and occasionally bring their own dental assistant to aid in the trainingprocess. Observing the interaction between the dentist and the assistant allows the student to realizethe skills that are imperative for making an office procedure run smoothly. This and other operative

practice time prepares the student for the internship program that occurs in the private practice.

In the dentists office the internship consists of spending 162 hours assisting in the laboratory and atchair side. The front office duties are practiced a total of 108 hours. During the training experience,staff observes the student applying their learned skills. The in-office

training benefits both the student and the dentist, for often the graduate is employed by the officewhere they served their internship.

Commendation

The Grand Jury commends the ROP director, the RDA instructor and the staff for their efforts toprepare students to have a successful job experience.

Findings

None noted.

Recommendations

None


None required.


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PARADISE IRRIGATION DISTRICT

47


Based on a citizens comments following the 1998-1999 Grand Jury report recommending anintertie (connection) between Paradise Irrigation District (PID) and Del Oro Water Company(DOWC), members of the 2000-

Documents

Butte County Grand Jury 2000-01, Final Report