Sutter Co. Grand Jury report released

Responses noted on fire and emergency services, Gray Avenue property

The 2021/22 Sutter County Grand Jury report was released Friday and along with new areas of focus such as Live Oak and Sutter-Yuba Behavioral Health, responses to hot-button topics such as the county’s fire and emergency services and its Gray Avenue property received an update.

During the most recent election on June 7, the county’s efforts to properly fund fire and emergency services was a visible point of contention, along with its handling and purchase of the former Kmart location at 850 Gray Ave. in Yuba City.

In the 2020/21 Grand Jury report, there were five recommendations regarding Sutter County Fire and Emergency Services. Those recommendations included the following:

– The Board of Supervisors direct staff to identify a sufficient permanent source of funding for each fire jurisdiction in the county that maintains pace with rising population, increased number of structures, equipment costs, optimal manning, salaries comparable to neighboring counties, and Workers’ Compensation insurance costs before the end of the Fiscal Year 2022/23.

– The Board of Supervisors direct staff to immediately find or create alternate revenue streams such as recouping costs from motor vehicle accidents involving commercial and reckless or impaired drivers.

– The Board of Supervisors direct staff to immediately start a planned campaign to educate the public on the need to increase the amount and scope of the CSA F Special Fire Tax to include the rest of the county and to include a Cost-of-Living adjustment for next open election cycle.

– The Board of Supervisors direct the County Administrative Officer to develop and institute a viable capital improvement plan for firefighting equipment in Sutter County before the end of the Fiscal Year 2022/23.

– The Board of Supervisors direct staff to work with the Local Agency Formation Commission (LAFCO) for consolidating all county service areas and Fire Protection Districts into one that is run by one paid supervisory fire chief by the end of Fiscal Year 2022/23.

After the Sutter County Board of Supervisors unveiled their responses in late September 2021, the 2021/22 Sutter County Grand Jury report followed up on those answers.

In its search to “identify a sufficient permanent source of funding,” the county said that recommendation has yet to be implemented. According to county staff, the county will implement this recommendation by fiscal year 2022/23.

To help with that effort, the county made available a community feedback survey that is currently on its website. The county also released a flier that was mailed out on June 17. In it, the county attempted to answer some of the community’s most pressing questions on the issue.

The 2021/22 Sutter County Grand Jury report said the county has implemented the second recommendation regarding alternate revenue streams.

“This recommendation has been implemented,” the report stated. “Through county staff interviews, the Grand Jury was informed that as of 1 Jan 2022, the cost recovery fees from motor vehicle accidents are being collected through a vendor hired by the county. The billing will be quarterly.”

The third recommendation with details about informing the public was partially implemented, the Grand Jury said. Part of this implementation was the release of the county’s community survey. However, the Grand Jury said the county “has not yet decided what route of action it will take to secure the needed funds.”

The fourth recommendation that highlighted firefighting equipment was implemented, according to the Grand Jury.

“The Sutter County Fire Chief has a capital improvement plan ready but the county does not have a capital improvement fund yet,” the Grand Jury report said. “Some high priority firefighting equipment was purchased through grant funding. Interviews of county staff revealed that the capital improvement fund will be implemented once new funding streams are implemented.”

The Grand Jury said the final recommendation of “consolidating all CSAs and Fire Protection Districts” has not been implemented.

“There was no study or Municipal Services Review (MSR) report presented by LAFCO at their November 2021 meeting,” the Grand Jury report said. “In accordance with the County Administrative Officer (CAO) this MSR will be presented at the next LAFCO meeting in Feb. 2022. LAFCO has continued the MSR to the 12 May 2022 meeting and subsequently continued it to the 14 July 2022 meeting.”

Gray Avenue

In its 2020/21 report, the Grand Jury provided four recommendations about the former Kmart location in Yuba City that has been vacant for several years. The county’s plan was to consolidate and house the Health and Human Services Department personnel and equipment on this property, the Appeal previously reported.

In the 2020/21 Grand Jury report, there were four recommendations for the handling of the Gray Avenue property. Those recommendations included the following:

– The Board of Supervisors oversee the County Administrator to create a policy that provides guidance and procedures for efficient leasing, purchasing, management and disposal of property to be completed in 120 days.

– The County purchase the Gray Avenue Property as discussed during their February 9 and March 23, 2021 meetings, to be completed prior to June 2021.

– The County Administrator work through the Development Services Department to complete the renovation of the facility and relocation of the HHS Services to be finished by summer of 2025.

– The Board of Supervisors request the County Administrator provide a semi-annual report on financing, expenditures, renovation and relocation progress beginning six months after the close of escrow.

After receiving responses, the 2021/22 Sutter County Grand Jury report provided further comments.

According to the new report, the county has not implemented a “policy that provides guidance and procedures.” In a response, the Sutter County Board of Supervisors said it disagreed with the finding and recommendation.

“This recommendation will not be implemented,” supervisors previously said. “It may be beneficial to adopt a policy regarding leasing, but subjecting transactions to a 120-day limitation may not be realistic as every transaction is different.”

The Grand Jury said the board’s response “misunderstood the Grand Jury recommendation to have a policy in place in 120 days.” It said the county was ultimately made aware of the misunderstanding.

“Interviews with county staff revealed the Counties [sic] position is that it has various rules and regulations they follow and do not see the need for a property leasing, purchasing, management, and disposal policy at this time,” the 2021/22 report said.

The Grand Jury said the recommendation to purchase the property was implemented when the county completed its purchase in June 2021.

The third recommendation has not been implemented. According to the Grand Jury, county officials said the county “does not have any firm plans for the renovation or the future use of the property.”

The county said because of the “high cost of construction,” new plans are being considered, including the demolition of the existing structure on the property and building a “new multi-use two-story structure, selling the property, or bringing in a big box store to occupy the property and share in the tax revenue with the city.”

The Grand Jury also said its recommendation of having the Sutter County Board of Supervisors review a semi-annual report has not been implemented.

“The Grand Jury checked the BOS agendas December 2021 through April 2022 and there was no report presented on the financing, expenditures, renovation and relocation progress of the Grave Ave property,” the report said.

Sutter County Jail

In its 2021/22 report, the Sutter County Grand Jury (SCGJ) focused on the Sutter County Jail and the Tri-County Youth Rehabilitation Campus in Marysville, which includes the Tri-County Juvenile Rehabilitation Facility (Juvenile Hall) and the Maxine Singer Youth Guidance Center (Camp Singer).

“The SCGJ found that the staff at both agencies take pride in their facilities and work hard to ensure the safety of the adult inmates and youth,” the new report said. “They also provide the adults and youth with programs that can better their lives and prepare them for the future. The SCGJ also discovered that the Sutter County Sheriff’s Office (SCSO) is providing service to the community while being understaffed and underpaid.”

The report’s findings include:

– The Sutter County jail and Tri-County Youth Rehabilitation Campus staff work hard to ensure the safety and well-being of their adult inmates and youth.

– The Sutter County jail and Tri-County Youth Rehabilitation Campus provide inmates and youth with programs and opportunities.

– Drugs are still getting into the Sutter County jail.

– The Sutter County jail is under-staffed.

– Sutter County Sheriff’s Office staff are underpaid, which can lead to low morale and high staff turn-over.

The report’s recommendations include:

– Sutter County should invest in a drug-sniffing dog for use in the jail.

– Sutter County should follow the recommendations presented in the Sutter County Sheriff’s Office Organization Assessment and Staffing Study regarding the hiring of additional jail staff.

– The excellent, in-depth report by Management Partners on the Sutter County Sheriff’s Department budget should be a cause for action for the Sutter County Board of Supervisors.

The city of Live Oak

Along with its report on Sutter County Jail and juvenile facilities, the 2021/22 Grand Jury report also focused on the city of Live Oak and its city council. In its summary, the Grand Jury gave a scathing review of the council and city.

“The City Council and the administration of the City of Live Oak have not diligently and judiciously served the citizens of Live Oak for several years, and this past year is no exception. In 2021 dysfunction has been the state of affairs in the City of Live Oak because of the failed performance of the city council in its due diligence duty to the people of that community,” the report said. “... The Sutter County Civil Grand Jury for 2021/2022 investigated areas of dysfunction on the city council relating to its inability to fill a vacant seat on the council. This problem was compounded by an extended period of lack of consensus to pass a budget. Additionally, the council was unable to pass authorizations to collect taxes on the Community Financial Districts (CFDs) and special assessments for the city.”

The report’s findings include:

– When the Live Oak City Council did not appoint a council person to fill the vacant council seat it cost the citizens of Live Oak financially.

– The City Council of Live Oak did not pass the budget in a timely fashion.

– The City Council of Live Oak scheduled a budget workshop to resolve the budget deadlock, but all members of the council did not attend.

– The City Council of Live Oak did not pass the authorization to collect the annual CFDs and special assessments by September 2021, therefore these could not be added to the tax rolls.

– This year’s CFD taxes could not be collected. This has cost the city over $800,000 in budget reserves.

The report’s recommendations include:

– The City Council of Live Oak will pass the budget in a timely fashion.

– The City Council of Live Oak will establish budget workshop dates with sufficient time to resolve any concerns prior to voting on the budget resolution.

– All members of the city council will participate in any scheduled budget workshops to understand the proposed budget and to discuss areas of concern. 

– The City Council of Live Oak will pass the authorization to collect the annual CFDs and special assessments in a timely manner, so that these levies can be added to the current year tax rolls.

Sutter-Yuba Behavioral Health

A final area of focus for the 2021/22 Sutter County Grand Jury was Sutter-Yuba Behavioral Health, a joint powers authority between Sutter and Yuba counties serving public behavioral health needs which had a 2021/22 fiscal year budget of $55 million.

“On our site tour in the fall of 2021, Sutter County Grand Jury observed several safety concerns. Some of these concerns were also expressed by SYBH staff. The grand jury also observed the state of deterioration of buildings, the lack of general upkeep of the grounds, and the parking lot with large holes and blacktop erosion,” the report said. “This prompted the grand jury to further investigate how the main campus of the SYBH deteriorated to such a state and how safety issues on the Psychiatric Health Facility (PHF) were addressed. The Sutter County Grand Jury reviewed reports from California Department of Health Care Services (DHCS) regarding the PHF. This led to further investigation of other budgetary concerns after reviewing public records. After extensive research, interviews, and tours, Sutter County Grand Jury found many safety issues on the SYBH PHF unit, deterioration of the 1965 Live Oak Blvd campus, capital improvement delays, and budgetary mishandling.”

The report detailed 15 different findings by the Grand Jury. Some of those findings included:

– The patient rooms at the Sutter-Yuba Behavioral Health (SYBH) Psychiatric Health Facility (PHF) contain multiple Ligature Points. Among staff and administrative personnel interviewed, there was a general awareness of these issues but no apparent sense of urgency to address them.

– Based on site observations of the SYBH PHF Unit, various doors did not appear secure, leaving certain areas potentially vulnerable to unauthorized patient access.

– The perimeter fencing at the SYBH PHF Unit’s outdoor recreation area is vulnerable to the exchange of contraband, due to easy public access. It creates a sense of being “locked” in, which is not welcoming or comforting for the patients.

– SYBH use of private security is inefficient and lacks good use of the services.

– The beds in the Isolation Rooms at the PHF Unit are an old version that leave the patient in an uncomfortable position if restraint is required.

– Based on those interviewed and a review of budgetary documents, it appears some SYBH and Health and Human Services (HHS) management and key fiscal staff lack sufficient knowledge/understanding of the budget practices. This includes MHSA and Realignment funding.

– Based on site observations, review of county plans for the Gray Ave Building, and SYBH administration interviews, the 1965 Live Oak Blvd Building is no longer adequate to house the Psychiatric Health Facility (PHF) and other SYBH offices/programs.

The report made 17 different recommendations based on the Grand Jury’s findings. Some of those recommendations included:

– SYBH and the County must take the Ligature Points concerns seriously. SYBH needs to perform a needs assessment to clearly identify the issues and submit a comprehensive request to the County. The County, in turn, needs to share a sense of urgency and prioritize funding as soon as possible. These should be resolved by July 31st, 2022.

– SYBH needs to perform an assessment of all access points with the PHF Unit and address any necessary modifications to ensure proper security and controls are in place for the safety and well-being of both the patients and the staff while mitigating AWOL opportunities.

– SYBH needs to re-evaluate where contracted security services are located on the grounds and the scope of services provided.

– SYBH and the County need to address the importance of ensuring the comfort of patients in need of isolation and possible restraint. SYBH needs to identify and submit a replacement request to the County. The County in turn needs to recognize the importance by prioritizing funding by July 31st, 2022.

– The County needs to work with HHS to perform a needs assessment and begin developing a long-term strategy to address the clear need for a new facility for SYBH which includes housing the PHF Unit.

Members of the 2021/22 Sutter County Grand Jury included Michael Lewis Ayote, DeJuan Jeray Glover, Carl Edward Hall, Dr. Jennifer Anne Kellogg, Tina Ridinger-Miguel, Douglas James Heacock, Sukhvinder Singh Bhungal, Gary Michael Underhill, Gisela Marie Hamilton, Diane Carol Leighton, Margaret Ellan Walker, David Phillip Boyer, Makhan Singh Dhillon, Lorri Lynn Han, Josiah Ogden Hoffman, Steven Bradley Reyes, Mary Hannah Tice, and Makayla Lynn Fawcett. Randy B. Helvey was the 2021/22 Sutter County Civil Grand Jury foreperson.

AppealDemocrat.com
By Robert Summa
June 27, 2022