Kern County Grand Jury

2017-2018

5 reports

Findings & Recommendations 21 findings
F1: The Kern County Sheriff’s Office (KCSO) conducts their helicopter operations at the southern end of BFL. There is no other helicopter service available.
F2: A Civil Air Patrol unit, the Bakersfield Composite Squadron 121, is stationed at BFL.
F3: The upgrade of the BFL runways consists of new LED lighting, installation of new signage, new water drainage system, and lengthening the runway by 3,150 LF.
Related Recommendations (1)
R1: The Kern County Department of Airports should continue to plan improvements as needed for BFL. (Finding 3)
F4: Kern County has six additional airports that are under the direction of the Airports Director. • Taft (L17) • Wasco (L19) • Lost Hills (L84) • Elk Hills/Buttonwillow (L62) • Poso/Famoso (L73) • Kern Valley (L05) These are Visual Flight Rules (VFR) airfields, where individual pilot air traffic is the control. The heliport (CL61) at Kern Medical Center is also a Kern County entity.
F5: Taft, Wasco, and Lost Hills County Airports have long term leases, which provide revenue for the Kern County Department of Airports into the Airport Department Enterprise Fund. The Elk Hills/Buttonwillow air strip is used by the Bakersfield Airplane Remote Control Society on a temporary agreement. A rally of remote controlled miniature aircraft was held on October 7, 2017. Poso/Famoso Airport is used for agriculture related flights using VFR. Prior to crop dusting operations at Poso/Famoso airport, permission is required from the Airport Chief of Operations.
Related Recommendations (1)
R2: The Kern County Department of Airports should make plans to upgrade the other six airports, with particular attention to Lost Hills, Wasco, Taft and Elk Hills/Buttonwillow. (Finding 5)
F6: The Kern Valley Airport is leased by the Kern County Department of Airports, from the U. S. Forest Service.
F7: The old Meadows Field terminal is now vacant, and is not being used.
F8: In the event international flights are diverted to BFL, there is an isolated area for customs processing.
F9: The Kern County Fire Department operates Station 62 at BFL.
F10: Most Bakersfield air passengers commute to the Los Angeles International Airport via ground transportation.
F11: KCSO’s helicopter flights are controlled by FAA flight controllers.
F12: Un-manned Aircraft Systems (UAS), defined as drones, of a certain weight (0.55 pounds to 55 pounds), need to be registered with the FAA. • The registration of UAS is controlled by the FAA, under Flight Rule #41, which states that UASs under 0.55 pounds do not need to be registered.
F13: There are on-going discussions for resuming the Houston, Texas flights with the airlines that currently service BFL.
F14: Day-to-day management of the Wasco Airport is provided by an agriculture crop spraying service.
F15: BFL is one of two San Joaquin Valley’s international airports.
F16: Bakersfield is a convenient, centrally located transportation hub, with airline flights and railway connections to parts of California and the rest of the nation.
F17: The west side of Taft Airport is leased by Skydive Taft, and they are responsible for the maintenance of vegetation around the tarmacs and runways; new maintenance equipment is needed. Contact was not made by the Committee with California Petroleum Services, the leasee on the east side of the runway.
Related Recommendations (1)
R3: The Kern County Department of Airports should have a budget line item that provides equipment to maintain the vegetation around the County airports’ runways and tarmacs. (Finding 17)
F18: The Taft Airport runway is configured in a southwest to northeast direction. All aircraft must land and take off using the northeast corridor to protect the City of Taft.
F19: Skydive Taft coordinates maneuvers with the United States Army and the Swiss National Army, to perform night parachute drops around the Taft area, because of the similarities to foreign deserts. Skydive Taft offers therapeutic jumps for veterans suffering from PTSD.
F20: The purchase of an additional 2.97 acres, for approximately $162,000, is needed at the Kern Valley Airport. This purchase will provide a buffer area for a potential taxiway modification project.
F21: While researching information for this report, the Kern County Department of Airports’ website only provided information for Meadows Field. There was no information found on the County website pertaining to any of the other six County airports. COMMENTS: The Committee believes that the Airports Director of Kern County is making great strides in developing an airport that will be a huge benefit to the City of Bakersfield and Kern County for the future. The Committee thanks the Airports Director and the Airports Chief Operations Officer for their time and expertise during the inspection of the new runway construction zones.
Related Recommendations (1)
R4: The Kern County Department of Airports should ensure that their website contains current information pertaining to all County airports. (Finding 21) NOTES: • Kern County Board of Supervisors and the Kern County Department of Airports, should post a copy of this report where it will be available for public view at all seven Kern County Department of Airports locations. • Persons wishing to receive an e-mail notification of newly released reports may sign up at www.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website, www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD CA, 93301 25 KERN COUNTY EMPLOYEE RETIREMENT ASSOCIATION Working on the Future for Kern County Retirees PREFACE: Kern County Employee Retirement Association (KCERA) is the Kern County public employee retirement system. KCERA was established on January 1, 1945, by the Kern County Board of Supervisors. The purpose of KCERA is to provide benefits for retirement, disability, death, beneficiary, cost-of-living, and supplemental retirement to the employees of Kern County, and participating Kern County special districts. PURPOSE OF INQUIRY: The 2017-2018 Kern County Grand Jury (Grand Jury) Administration, Audit, and County Services Committee (Committee) inquired into the operation and management of KCERA, pursuant to California Penal Code §933.6. PROCESS: The Committee searched the internet, newspaper articles, and reviewed KCERA’s publications: • KCERA Board of Retirement By-laws and Regulations • KCERA 2015 – 2016 Financials and audit reports • New Employee Guide to Retirement Benefits • Retirement Benefits Handbook • Rules of Procedure for Disability Retirement The Committee attended a KCERA Board of Retirement Meeting, an Investment Committee Meeting, and interviewed the Executive Director and staff. All interviews and meetings were at the KCERA office, 11125 River Run Boulevard, Bakersfield, California. BACKGROUND AND FACTS: According to KCERA website: “KCERA’s mission is to prudently administer retirement benefits, invest the assets of the Association, and provide quality membership services to eligible public employees, retirees and their beneficiaries.” Using professional consultants, KCERA manages $4 billion of funded assets, with current liabilities of $5.8 billion. KCERA is a defined benefit pension plan (Plan). As a Plan, KCERA provides its vested members with a lifetime retirement benefit, i.e., pensions. Retirement benefits are formulated using the members total years of retirement service credit, age at retirement, and final average compensation. A. The Plan is administered by the KCERA Board of Retirement (Board), which consist of nine members and two alternate non-voting members. Five members constitute a quorum. Members of the Board include: • 1 – Kern County Treasurer-Tax Collector (mandatory) • 4 – Appointed by the Kern County Board of Supervisors • 4 – Elected by the KCERA members to a three year term; 2 General o 1 Safety o 1 Retired o • 2 – Alternates, also elected by the KCERA members to a three year term 1 Safety o 1 Retired o B. The Board also holds separate meetings for its Administrative, Finance and Investment Committees, each consisting of four members. KCERA’S committees were formed to assist in the efficient administration, by making recommendations to the Board for approval, and are held on an as-needed basis. C. Elections are conducted by the Kern County Auditor-Controller’s Office: • Appointments to the Board may be made “in lieu of an election” if the candidate runs unopposed • Ballots are mailed to the member’s last known address, no later than 15 days prior to the election • Each member votes for the nominee in the category in which they participate, i.e. general members can only vote for the general seat nominee, etc. • Ballots can be returned via mail or dropped off at the Kern County Elections Office • Information for elections is available via the member portal and the KCERA website D. The regular meeting of the Board is on the second Wednesday of each month. In accordance with the Brown Act, notices of meetings are published and posted through various methods: • On the KCERA website (www.kcera.org) • Outside the KCERA office entrance • In print in the KCERA meeting room 28 E. The Board is governed by the County Employees’ Retirement Law of 1937, and subject to the requirements of the Public Employees’ Pension Reform Act of 2013. KCERA is considered a “Governmental Plan,” as defined in Section 414(d) of the Internal Revenue Code. F. The day-to-day operation of KCERA is carried out by the Executive Director who, with staff, manage the following areas: • Administration • Retirement Services • Financial Services • Information Technology • Communications G. There are 15 agencies (Plan sponsors) currently enrolled in KCERA: • County of Kern • Berrenda Mesa Water District • Buttonwillow Recreation and Park District • East Kern Cemetery District • Inyokern Community Services District • Kern County Hospital Authority • Kern County Superior Court • Kern County Water Agency • Kern Mosquito and Vector Control District • North of the River Sanitation District • San Joaquin Valley Air Pollution Control District • Shafter Recreation and Park District • West Side Cemetery District • West Side Mosquito and Vector Control District • West Side Recreation and Park District H. There are three types of members in KCERA: • Active (General and Safety) • Retired • Deferred (ended employment with less than five years of retirement service credits) I. There are approximately 17,350 members of KCERA. • 8,635 Active (General – 6,795, Safety – 1,840) • 7,824 Retired • 892 Deferred J. Contributions to KCERA come from three sources: • KCERA members (from pre-tax earnings) • The employer • Investment funds earnings 29 K. Employees of the County of Kern and Plan sponsors have mandatory participation in KCERA. Employees are enrolled into the Plan on the first day of the next pay period, following their entrance into eligible service. L. Employees are required to complete a Member Sworn Statement, to validate membership. This statement is used to calculate the contribution rate, retirement benefits, and to designate the beneficiary. M. There are exclusions from membership in KCERA: • Extra help employees • Temporary help employees • Workers who work less than 50% of full standard hours • Fixed rate compensated employees • Written contracted employees N. New employees over the age of 60 may, in writing, waive membership in KCERA. This waiver, when signed and filed, is irrevocable and the employee is not able to join the Plan at any time thereafter. O. Members are vested in the Plan after five years of retirement service credit. Vesting entitles the member to receive a pension, after all eligibility requirements have been fulfilled. P. Members, both active and deferred, receive an annual benefit statement of account for their review. This statement includes: • Date of birth • Service years • Retirement entry date • Designated beneficiary • Contribution balances • Estimated retirement benefit Q. As of May 2017, a member’s Plan information can be accessed directly through the KCERA Member’s Portal. R. Withdrawal from KCERA can be made upon termination of employment with the Plan sponsor, using the Disposition of Retirement Contribution Instructions form. The member can designate from the following dispositions: • Refund: funds dispersed directly to the member with applicable taxes withheld • Traditional IRA rollover: with tax deferred funds to a bank or qualified defined contribution plan • Roth IRA rollover: eligible funds to a bank or qualified defined contribution plan with applicable taxes withheld 30 • Retirement funds to remain on deposit with KCERA, if less than five years of retirement credit • Deferred Retirement: elects to leave funds in KCERA and to defer retirement to a later date • Reciprocal Election: leaving funds with KCERA, if terminating with Plan sponsor and will become a member of a reciprocating sponsor with 180 days S. Seven qualifying benefit tiers are in place for Plan sponsor employees. T. Six retirement options are available for selection for retirees and/or beneficiaries. The final selection is irrevocable, after the first payment is issued. U. KCERA’s monthly benefit payouts total $29 million. V. Disability benefits may be applied for, if a worker becomes disabled and permanently unable to perform their usual job duties. KCERA requires proof of disability, supported with medical reports. The employee may be required to undergo an independent medical examination with a physician of KCERA’s choosing. KCERA can also require that the former employee be examined at any time until age 55, to determine eligibility of continuation of disability. W. Employer policy could require transferring, reassignment, or job modification as an option for the employee, due to a disability. Wage compensation is to be equal to the position from which the employee is transferred, reassigned, or modified. KCERA must have a completed Disability Retirement Application on file, and must have accepted the application before this can be a considered option. X. Service connected disability benefit is no less than 50% of the employee’s final average monthly compensation. There is no minimum service requirement for service connected disabilities, and in most cases, the benefits granted may not be subject to Federal and State income taxes. Y. Death benefits are assigned to the designated beneficiary of active and/or retired KCERA members. Members must have on file, a completed Beneficiary Designation form, listing the primary and any secondary beneficiaries. Provision is made for a separate one-time lump sum death benefit of $5,000, for designated primary and/or secondary beneficiary. Provisions can also be made for minors or special needs adults for primary and/or secondary beneficiary.
Findings & Recommendations 27 findings
F1: Division lines are redrawn every ten years based on population shifts, as reported through the United States Census. Portions of Divisions 1 and 2 are located within Kern County.
F2: AVEK purchases water from the SWP and stores it in four water banks. Water is then pumped from the aquifers and sold to their customers. (See Attachment D)
Related Recommendations (1)
R8: The Grand Jury recommends that the Kern County Board of Supervisors change the Commissioners’ residence requirements to include representation from the City of Shafter (when the District expands its boundaries) keeping it in compliance with California Streets and Highways Code §8130.1. (Findings 2 and 3)
F3: Water is classified as either “untreated” (suitable for agricultural irrigation purposes only), or “treated” (ready for human consumption).
F4: All customers receiving treated or untreated water pay predetermined rates. 272
F5: A special adjudication program was established to settle all disputes over water rights. The Adjudication Area Watermaster Engineer (Watermaster) is charged with the responsibility of determining equitable sales and distribution of all water in the water banks. This includes water that has been purchased from SWP, as well as natural runoff that has accumulated in the aquifers, and may be recognized as belonging to owners of established water rights. (See Attachment C)
F6: The Watermaster measures subterranean water levels and strives to keep those levels as high as possible to protect against dry years.
F7: Water rights owned by persons or municipalities are tracked by the Watermaster to assure proper charges are assessed.
F8: AVEK receives revenue from two sources: • A pro rata amount of the 1% property tax levy • Water sales
F9: AVEK maintains 145 miles of “transmission pipeline” to move water from the SWP’s Edmonston Pumping Plant to the Division’s aquifers. From there, the water goes to one of four treatment plants before it is delivered to the water companies, distributed through more than 100 miles of pipeline. Agricultural customers get their (untreated) water directly from the transmission pipeline. (See Attachment A)
F10: AVEK Board Members are compensated $225.44 per meeting plus expenses, for up to six meetings per month. (California Water Code §20202 sets the Board compensation rate of $100 per meeting, with an allowance for increases of up to 5% per year, commencing with the establishment of the water agency.)
Related Recommendations (1)
R1: The Grand Jury recommends that Antelope Valley-East Kern Water Agency consider placing a limit on Board stipends. (Finding 10)
F11: AVEK has an A-1 credit rating from Moody’s Investor Services. This reflects a very strong fiscal condition as shown in their audited financial statements. (See Attachments F through I)
F12: AVEK’s budget is not allocated by Division. All operational and maintenance costs are absorbed by AVEK and not charged to a specific Division. Consequently, all Divisions are funded equal to their needs.
F13: To assure uninterrupted treated water supplies, the paths of pipelines are inspected daily.
F14: AVEK owns and operates four water treatment facilities: • Quartz Hill Water Treatment Plant • The Eastside Treatment Plant • Acton Water Treatment Plant • Rosamond Water Treatment Plant (southeastern Kern County) 273 The 14 million gallons per day (mgd) Rosamond Water Treatment o Plant was established to support the needs of customers, that include Rosamond, Mojave, California City, Edwards Air Force Base, and Boron Rosamond Water Treatment Plant is capable of providing water for o 60,000 people
Related Recommendations (2)
R9: The Grand Jury recommends that the District take steps to assure compliance with California Government Code §4526, regulating the method of accepting and reviewing sealed bids. (Findings 14, 15, 16, 17, 18, 21, 22, and 23)
R11: The Grand Jury recommends that the Kern County Board of Supervisors establish procedures to monitor appointed boards and commissions to assure that Districts adhere to all State and County regulations, ordinances and administrative polices. (Findings 14, 15, 16, 17, 18, 21, 23, 24, and 25) NOTES: • The Kern County Board of Supervisors and the Greater Bakersfield Separation of Grade District should each post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301
F15: The AVEK website only has the agenda for the next Board Meeting.
Related Recommendations (1)
R2: The Grand Jury recommends that prior Board Agendas be made available on the website, to provide greater transparency to the public. (Finding 15)
F16: The AVEK website does not provide minutes from Board Meetings.
Related Recommendations (1)
R3: The Grand Jury recommends that Board Minutes be posted on the website and on the front door to the office, to provide greater transparency to the public. (Finding 16) NOTES: • The Antelope Valley East-Kern Water Agency should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 FOREPERSON WEST TEMPLE STREET, SUITE 13-303, LOS ANGELES, CA 90012 SOUTH VICTORIA AVENUE VENTURA, CA 93009 275 Attachment A: State Water Project Source: California Department of Water Resources 276 Attachment B: AVEK Division Map Source: Antelope Valley-East Kern Water Agency 277 Attachment C: Adjudication Area Source: Antelope Valley-East Kern Water Agency 278 Attachment D: Aquifers Source: United States Geological Survey 279 Attachment E: Water Banks Source: Antelope Valley-East Kern Water Agency 280 Attachment F: Financial Statements Source: Antelope Valley-East Kern Water Agency 281 Attachment G: Financial Statements Source: Antelope Valley-East Kern Water Agency 282 Attachment H: Financial Statements Source: Antelope Valley-East Kern Water Agency 283 Attachment I: Financial Statements Source: Antelope Valley-East Kern Water Agency 284
F17: The Board meets each month, on the second and fourth Tuesdays at 6:30pm, at 6500 West Avenue N, Palmdale, California. COMMENTS: The Committee would like to thank the Board President, Secretary-Treasurer, and the water plant operator for their cooperation and informative tour. AVEK appears to be well run.
F18: The District does not have a written agreement or contract with their legal counsel.
F19: The agendas are prepared, and minutes are taken and transcribed by legal counsel at $245 per hour.
Related Recommendations (3)
R4: In order to reduce cost to the District, the Grand Jury recommends that the Commissioners prepare all meeting agendas. (Finding 19)
R5: In order to reduce cost to the District, the Grand Jury recommends that the Commissioners take and prepare all meeting minutes. (Finding 19)
R6: In order to reduce cost to the District, the Grand Jury recommends that the legal counsel only be required to attend meetings, at which legal matters are on the agenda. (Findings 19 and 20)
F20: The legal counsel attends all Commission meetings, even when legal matters are not on the agenda.
F21: Kern County Administrative Policy and Procedures Manual require special districts solicit competitive sealed bids for engineering and professional services exceeding $100,000.
F22: All management responsibility has been delegated to the engineering firm by the Board of Commissioners.
Related Recommendations (1)
R10: The Grand Jury recommends that management responsibility revert from the engineering firm, and be resumed by the Board of Commissioners. (Finding 22)
F23: Services from the engineering firm exceeded $106,000 in 2015.
F24: Engineering and management services performed by the engineering firm exceeded $222,000 in 2016.
F25: The District does not have written bylaws, or a Policies and Procedures Manual, as required by California Government Code §4526.
Related Recommendations (1)
R7: The Grand Jury recommends that the District adopt a comprehensive set of bylaws and written policies, to bring the District into compliance with California Government Code §4526. (Finding 25)
F26: The District currently has one pump for the water treatment plant. The Facilities Manager would like to have a second pump, to prevent overload and to provide backup in case of failure.
F27: The District is a member of the California Special Districts Association and the California Rural Water Association. COMMENTS: The Special Districts Committee thanks the Office Manager and the Facilities Manager for sharing their time, knowledge, expertise, and for the comprehensive information provided.
Findings & Recommendations 46 findings
F1: Due to budget cuts throughout Kern County, Probation has cut back on the housing of youths. Only 58 beds out of 125 were utilized at the time of the inspection.
F2: At the time of inspection, the State of California, Department of Food and Agriculture was concluding their inspection of the butchering process and facility. According to staff, this was to ensure the Camp is in compliance of rules, regulations, and the processing of animals for human consumption. The inspectors informed the staff, the butchering facility and the staff were re- licensed and “The program and the staff are exceptional.” The former kitchen will be converted into a meat cutting facility.
F3: The broken washing machine reported in the 2016-2017 Kern County Grand Jury Report, was being replaced at the time of the inspection. The Camp Director informed the Committee that new water heaters and air conditioning units are scheduled to be installed in 2018.
F4: The cost of housing a youth is $283.15 per day, including medical.
F5: The grounds were clean and well maintained.
F6: The crops grown in the garden and orchards are used in the kitchen. Leftover food is recycled as feed for the animals. Youths expressed interest in selling the surplus crops off-site to the public.
Related Recommendations (1)
R2: The Grand Jury recommends that the Camp continue to seek opportunities to sell crops off-site. (Finding 6)
F7: The youths are assigned different colored shirts for Camp identification. (See Appendix C)
F8: According to staff, new surveillance cameras with increased storage capacity are to be installed this year. Completion date is unknown.
F9: There is a critical need to provide new treatment facilities for behavioral health services.
Related Recommendations (1)
R1: The Grand Jury recommends that the Kern County Probation Department and Kern County Behavioral Health and Recovery Services seek funds and/or grants to provide for new mental health facilities at the Camp. (Finding 9)
F10: Using private donations, the old dining hall has been refurbished into a recreation hall and video room. The Newman Youth Center is equipped with play stations, monitors, foosball, air hockey, and gaming chairs.
F11: Dorm BB is in need of repainting and a new clothes dryer.
F12: According to staff, a licensed barber is brought in weekly. The staff is looking into the possibility of establishing a barber college program.
F13: The Camp installed a virtual welding program in November 2017. This program is used for training purposes. The Metal Shop has National Center for Construction Education and Research Certification. This basic experience allows the youths to qualify as welder’s helpers, which indicates they are ready for advance training through future employers.
Related Recommendations (1)
R4: The Grand Jury recommends Probation complete Mosiac® webinar training within a set time frame. (Finding 13)
F14: The youths create metal art projects in the Metal Shop, which are displayed throughout the Camp. (See Appendix D)
Related Recommendations (1)
R3: The Grand Jury recommends that the Camp pursue the possibility of selling metal art created by youths to the public. (Finding 14) NOTES: • The Kern County Board of Supervisors, the Kern County Probation Department, the Kern County Behavioral Health and Recovery Services, and Camp Erwin Owen should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN CONTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD CA, 93301
F15: The Metal Shop instructor was awarded the 2018 State Alternative Education Teacher-of-the-Year Award.
F16: The Camp is associated with, and certified by, the Automotive Service Excellence (ASE) program. Youths can earn certification by passing the ASE test.
Related Recommendations (1)
R5: The Grand Jury recommends Probation seek grants to acquire additional refrigerators and freezers needed to increase food storage space. (Findings 16 and 17)
F17: Evidence Based Programming for drug abuse, developed by the University of Cincinnati, and the Aggression Replacement Program, are being used in a group setting, to teach social skills, anger control, and moral reasoning.
F18: There were four escapes in 2017. All escapees were captured and returned to custody. At the time of inspection, there had been no escapes or attempts during 2018.
F19: Five youths, completing the required high school classes at Camp, will be graduating this academic year. COMMENTS: The Committee thanks the Camp Director, Assistant Director, and staff at Camp Erwin Owen for their co-operation, and the very informative and instructive tour of the facility. The Committee would also like to thank the Kern County Probation Department for transportation.
F20: Multi-purpose rooms are used as test areas, in each of the Juvenile Hall units. These rooms include a library, a quiet room, and are equipped with a television, DVD player, various board, and video games; the area can be utilized for other activities. • The multi-purpose rooms are open from 6:30PM to 8:00PM for earned activities • During visiting hours, the room is used for family and/or guardian visitation • One staff member is required to be present in each of the multi- purpose rooms • Speech therapy is offered via computer • A “quiet room” is available from 6:00PM to 6:30PM to write letters, read, or to meet with legal counsel • Bible study is offered, rotating to different units each week 319
F21: A calendar of events is printed and posted each month, indicating event times and places for Juvenile Hall, FTR, and the Pathways Academy. (See Attachment C)
F22: Regular visiting hours at Juvenile Hall are for a two hour window on Sundays, between 1:00PM and 5:30PM. In some circumstances, a visit may be extended.
F23: At the time of the inspection, there were video cameras with recording capabilities in each of the school classrooms. • Data is retained for 30 days • Classrooms are monitored by a visual monitoring system for each of the six classrooms Security personnel are on duty in the classrooms for high o security youths, which are separate from the regular classes According to staff, the entire facility will have video o cameras, except dorm rooms and bathrooms. They are in the process of installing additional video recording cameras. The completion date is not known at this time Juvenile Hall has video monitors in limited areas, but they o do not have the ability to record at this time Currently there are no video cameras in the parking lots o
Related Recommendations (1)
R7: Grand Jury recommends Probation see that video recording cameras are installed in all common areas, including the parking lots. (Finding 23) 326 NOTES: • The Kern County Board of Supervisors, Kern County Probation Department, and James G. Bowles Juvenile Hall should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 327 APPENDICES: APPENDIX A: 328 329 The menu is on a seven day cycle. APPENDIX B: U.S. Department of Health and Human Services and U.S. Department of Agriculture. 2015-2010 Dietary Guidelines for Americans. 8th Edition. December 2015 331 332
F24: Youths are interviewed upon arrival, using the Massachusetts Youth Screening Instrument (MAYSI), an evidenced based assessment tool. The MAYSI is designed to alert or signal that a youth may have special needs or behavior tendencies that necessitate an informed response for classification and referral to Mental Health personnel. • MAYSI places youths in the education grade level they are equivalent to upon arrival at Juvenile Hall Youths will be re-evaluated over time for their grade level to o see if it is maintained, or if a change needs to be made • The MAYSI has been attributed to a decrease in petitions (charges) filed over the last few years
F25: Upon intake at Juvenile Hall, a packet is assembled for each youth. The youth and/or Staff complete the packet, which includes: • Basic Rules • Program folder information sheet • Initial Assessment • Distinguishing Marks, worksheet 320 • MAYSI-2 Questionnaire • In-take health screening – completed by medical staff • In-take and property information sheet • The Prison Rape Elimination Act of 2003 (PREA) – Information and advisement pamphlet given to youth by Staff • PREA Directive - completed by Staff
F26: The Positive Achievement Change Tool (PACT), completed by the intake officer, assesses a youth’s risk to reoffend and their criminal tendencies to allow Probation to focus resources on those with the higher risk to reoffend. • MAYSI and PACT have been attributed to a decrease in petitions (charges) filed over the last few years
F27: There are assigned shirt colors for security risk identification. The assigned shirt colors are: • Level I: Yellow and green shirts Minimum security status o May work on details outside Juvenile Hall o • Level II: Blue shirts Medium security status o May work on details inside Juvenile Hall o • Level III: Burgundy shirts Medium to high security status o May work on unit details only o • Level IV: Orange shirts Extreme high security status o Not permitted to work on any detail o
F28: All uniforms are cleaned by assigned youths in the laundry. • The laundry is open seven days a week • There is a new clothes washer • A clothes dryer needs to be replaced The bid process was completed and the Purchase Order o was finalized on February 22, 2018 Date for installation is being coordinated and should be o completed within 60 days
Related Recommendations (1)
R6: The Grand Jury recommends Probation see that the installation of the new clothes dryer be completed as soon as possible. (Finding 28)
F29: When youths are not in school, they may volunteer for additional jobs at Juvenile Hall, such as working within their unit, kitchen, laundry, or helping with the landscaping. 321 • Youths do not earn money, but receive credits that can be used for various items in the “Canteen” or time credit for watching television, movies, or reading
F30: Medical Staff is on duty seven days a week, 12½ hours per day. There are four Registered Nurses and a Medical Clerk. • All youths are examined and given a TB test within 48 hours upon arrival • All emergencies are sent to Kern Medical for treatment
F31: Mental Health services are provided on site Monday through Saturday. • On-call services are available 24 hours per day, seven days a week by Kern Behavioral Health and Recovery Services
F32: Juvenile Hall has a “no tolerance policy” for gang activity. All youths are housed together; there is no separation by gang affiliation.
F33: Youth conduct levels and sanctions are as follows: • Level 1 (Low) Misconduct is minimally disruptive to facility/programs. These behaviors will be considered low level infractions, but still warrant accountability measures. Staff will handle these infractions using the lowest level appropriate sanction. In all cases, verbal counseling/redirecting should always be considered as the first option by staff Sanctions – loss of points to losing privileges for one day o • Level 2 (Moderate) Misconduct is more serious or intense and/or disruptive to the facility/program than level 1 misconduct. There should be an attempt by staff to handle this misconduct using the least restrictive appropriate sanction Sanctions – loss of points to losing privileges for two days o • Level 3 (Serious/Dangerous) Misconduct is an immediate danger to facility/programs. These behaviors are considered high risk behaviors and can result in separation for the safety/security of the institution and possibly new violations. Staff will document all level 3 misconduct on an incident report Sanctions – Loss of points, losing privileges for up to 3 days, o probation/law violation, and/or restitution
F34: In 2017, there were 22 incidents of the Safety Room being used for youths who posed a threat to themselves, others, or property. 322
F35: Pathways Academy (Pathways) - on the day of inspection, Pathways was at maximum capacity of 23 female youths. The Staff stated that Pathways strives to rehabilitate, and reintegrate youths smoothly into the community. Resources and intensive services, linked with outside services, use evidence based programming, such as Dialectical Behavior Therapy, Seeking Safety, and The Matrix. Using positive reinforcement is a tool frequently used.
F36: Pathways uses four different programs to target at-risk female youths: • 12 Week Program: For the younger or less criminally sophisticated youths or o first-time commitments • 18 Week Program: Designed for the moderate to high risk youths o • 24 Week Program: To target a high-risk youths o • 36 Week Program: For older chronic repeat offenders and highly sophisticated o youths
F37: Each in-custody phase of Pathways program, provides the youth with highly structured components in the areas of socially acceptable behavior, therapeutic intervention, and life skills. Education is provided through JTC School at Juvenile Hall. • The main goal is to, “…transfer an array of skills and stimulate the development of abilities essential to the improvement of personal characteristics in social relations.”
F38: Pathways youths work on assignments within their housing unit and the facility. Youths have the opportunity to complete community service hours. Youths participate in enriched activities, sporting events, and provide services through community based organizations. • Youths volunteer at California Living Museum - CALM, participate in field trips, and go to movies outside the facility • Animal rescue organizations provide animals, to teach youths the proper care of animals • Youths hold fundraisers To qualify to work on Juvenile Hall assignments or perform community service, youths: • Must be Level Two or better • Maintain good peer relationships 323 • Cooperative and follow staff instruction • No absent without leave – AWOL, status Field trip participants are chosen by supervisors and staff, based on their performance and behavior in the program.
F39: Supervision is provided for the Pathways youth, by the Aftercare Unit, and ensures the youth abide by orders of the Juvenile Court, and provides assistance in their continuing rehabilitation.
F40: Regular Pathways visiting hours: • Sunday 12:30PM to 5:00PM • Visiting hours for youths with babies take place on Saturday from 1:00PM to 5:00PM • Youths who reach certain levels in the program, are also allowed a social and a picnic with their parents/guardians on Saturdays at 2:00PM, for an hour • This Program consists of nine levels. Youths have the opportunity for program advancement earning additional privileges. Failure at any level may result in a demotion of one level and the loss of all privileges that come with it. If the youth has been demoted to Level One, she is placed in a PTO.
F41: Program Time Out PTO will be implemented by the Pathways Program Supervisor if a youth is having difficulty complying with the program rules. PTO may also be initiated if the youth fails two consecutive weeks. PTO is reviewed daily by the Program Supervisor or Duty Supervisor. Restrictions of PTO are: • Not eligible to make telephone calls • Not assigned work details • Free program time with the group will be based upon behavior • Attends school with the group • Have Physical Education Class with the group, unless behavior warrants otherwise • Does not participate in special events (i.e., outings, special BBQ’s) • Not having meals with the group • Not completing room clean-up with the group The conditions of this restrictive program classification will be explained to the youth. The youth will acknowledge the explanation by signing the Time-Out form. During this alternative program classification, the youth is to focus on compliance with the program’s rules and guidelines. The youth will write an essay about the issues that resulted in PTO. The youth will present it to Juvenile Correction Officer for review. While the youth is on PTO, the youth will continue to be graded and eligible to earn weeks of time served. The youth must show improvement in her behavior to be removed from PTO.
F42: Pathways youths receive mental health services from the Juvenile Probation Psychiatric Service, while receiving education through the Kern County Superintendent of Schools.
F43: Kern Medical follows established guidelines, per policy, for the treatment and care of Pathways’ pregnant youths (during prenatal and post-partum period). • If the youth or the legal guardian requests care through a private physician, the Probation Officer is contacted to ensure prenatal visits are coordinated with the guardian For billing, prenatal care is part of the services provided in o the contract between Kern Medical and Probation If the youth goes to their private physician, the legal guardian o is responsible for payment First-time mothers, or those pregnant for less than six months, are referred to the Nurse-Family Partnership Program at the Kern County Health Department. The Public Health Nurse has oversight of this program. The purpose is to help new mothers develop skills to take better care of themselves and their babies.
F44: In 2016, the Pathways recidivism rate within 18 months of being released from the 12, 18, 24, and 36 week programs, were: • Committed a law violation: 7 youths or 14% • Furlough violation, violation of Probation, or a new law violation: 45 youths or 90% • Violation of Probation: 12 youths or 24% • Furlough violation: 23 youths or 46%
F45: Pathways Academy is being renovated by community volunteers. The expected completion date is May 2018. 325
F46: Staff stated that positive reinforcement, counseling, religion, animal therapy, family visits, and public health education, all contribute to the success of the youths. COMMENTS: The Committee would like to thank the Division Director, Assistant Division Director, Senior Food Services Supervisor, and Staff at James G. Bowles Juvenile Hall, for an excellent inspection tour and the information provided.
Findings & Recommendations 10 findings
F1: There are more children in need of Foster Care, than available Resource Families.
F2: Currently, the approval process for Resource Family applicants can take up to 135 days.
Related Recommendations (1)
R1: The Grand Jury recommends that Kern County Department of Human Services, Child Welfare Services should continue to strive for the Resource Family Approval goal of 90 days. (Finding 2)
F3: Public awareness of the Dream Center’s function and needs, are not well known.
Related Recommendations (1)
R2: The Grand Jury recommends that The Dream Center staff seek opportunities to promote this great program and raise public awareness. (Finding 3) NOTES: • The Kern County Board of Supervisors, Kern County Department of Human Services, and Kern County Superintendent of Schools should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 169
F4: The Dream Center appears well run and spacious enough to be functional for years. COMMENTS: The Committee would like to thank the Kern County Department of Human Services, Child Welfare Services, and The Dream Center for their time, cooperation, and information provided. The Committee would also like to thank The Dream Center staff for the tour.
F5: It was reported to the Committee that as soon as violations are corrected,specialists, understanding the financial burden, work as rapidly as possible to get the facility re-opened.
F6: Un-permitted food operation enforcement costs are not covered by the fee schedule.
Related Recommendations (2)
R3: The Grand Jury recommends the Kern County Public Health Services Department, Environmental Health Division implement a procedure prior to the next budget year that would support compliance with CRFC §114393 (See Appendix C). This procedure will protect the citizens of Kern County by impounding un-permitted equipment. In order to retrieve the impounded equipment, recovery costs must be paid. Vendors would then be instructed on how to obtain a legal permit. (Findings 6, 7, 8, and 9) NOTES: • The Kern County Board of Supervisors and the Public Health Services Department should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 177 APPENDIX A: 178 APPENDIX B: 179 180
R6: The District should record accurate Minutes, and make the approved Minutes public, reflecting recusal of members, and reporting all votes. (Findings 6 and 7) NOTES: • The Tehachapi Unified School District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror(s) pursuant to PC §916.2(a). This juror was excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report.
F7: According to staff, some operators ignore “cease and desist” orders and/or citations issued, due to a lack of a permit or unsafe food handling practices.
F8: Equipment, i.e., carts, trucks, cutlery, and other equipment, of un-permitted vendors are not impounded. (See Appendix C)
F9: Unless equipment is impounded and/or lawful fines are imposed, there is no financial impact on un-permitted vendors. COMMENTS: The Committee wishes to thank the Kern County Public Health Services Department and the Environmental Health Division for their time and information provided. The staff was gracious and professional. 176
Related Recommendations (2)
R4: The Board should guard against personal bias and agendas while conducting District business. (Finding 9)
R5: The Board should explore ways to overcome existing disharmony and work collaboratively for the betterment of the District. (Finding 9)
F10: The investigation of the District may require further review. COMMENTS: The Committee wishes to thank the Board and District Staff for the cooperation and information given for the preparation of this report. It is critical to have individual Board Members understand their responsibility in maintaining transparency. Adherence to the Brown Act is essential. To avoid disharmony within the Board, the business of the District must be conducted without personal bias or individual agendas.
Findings & Recommendations 26 findings
F1: The City of Bakersfield is a Charter City that offers a full range of city services including: • Fire and Police Protection • Streets and Infrastructure Maintenance • Planning and Community Development • Recreation and Parks Services • Agricultural and Domestic Water Services • Municipal Airpark - General Aviation • Refuse Collection • Wastewater Treatment
F2: The City has plans to enhance the Downtown Area, collaborating with the Downtown Business Association and other businesses. 55
F3: The City has actively developed the Downtown Area at Mill Creek, providing housing for veterans and low income residents. Other improvements include the Federal Court Building, and upgrading street lighting to LED lights.
F4: The California High Speed Rail, when in operation, will bring future commercial development to the Downtown Area.
F5: The City employs approximately 1,500 personnel. Appreciation Awards include: a. Annual Appreciation Breakfast b. Certificates of Appreciation and “Extra Mile” awards c. “High Five” tickets to City events
Related Recommendations (1)
R2: The City of Bakersfield should continue to encourage, recognize, and reward outstanding City employees. Employee recognition builds morale, productivity, and aids in employee retention. (Findings 5 and 6) NOTES: • The City of Bakersfield should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 61
F6: Bakersfield Police Department: a. In the last five years, the department has endured a turnover rate of 55% (See Appendix A) b. Average salaries for officers are approximately 30% below other comparable California cities c. Ongoing training is offered to sergeants and ranks below: i. Enhancing the level of law enforcement service to the public ii. Increasing the technical expertise and overall effectiveness of personnel iii. Providing for continued professional development of department personnel iv. Conducting sensitivity training in dealing with the public d. Body worn cameras are being considered for patrol officers as a safety tool for both officers and the public e. ShotSpotter Gunfire Detection and Location System purchased with a $450,000 grant should be in operation soon: i. Triangulates and identifies the location of gunshots within 10 feet ii. Validates gunshots within 30-45 seconds of being fired iii. Pilot program will cover an area of approximately 2 1/2 square miles
Related Recommendations (1)
R1: The City of Bakersfield should examine methods for retaining law enforcement personnel in an effort to reduce the high turnover rate among patrol officers in the Bakersfield Police Department. (Finding 6) 60
F7: The Bakersfield Fire Department (BFD) provides fire suppression, emergency medical services, heavy and technical rescue, hazardous materials mitigation, water rescue, and other life safety services around- the-clock to a growing community of over 360,000 citizens. As an Insurance Service Office (ISO) rated Class 2 Fire Department, the BFD is the highest rated firefighting agency in Kern County and ranks in the top 1.5% of fire departments nationwide: a. 240 sworn, support, and reserve personnel b. Fourteen fire stations 56 c. Operates under a Joint Powers Agreement with the Kern County Fire Department to coordinate response times
F8: The City’s Recreation and Parks Department (Department) manages 59 parks and other various athletic facilities. The Department is one of 79 agencies in the nation (the second in California) to receive national accreditation from the Commission for Accreditation of Park and Recreation Agencies (CAPRA). National accreditation requires park and recreation agencies to respond to 156 standards representing elements of effective and efficient park and recreation operations: a. Operates four swimming pools and nine spray parks b. Playground equipment has been up-dated to handicap accessible c. Tree replacement (removal of old redwoods) and reduction in irrigation is used to alleviate drought concerns d. Mesa Marin Sports Complex was renamed the “Tarina Homes Sports Complex at Mesa Marin,” and will be expanding their programs
F9: Keep Bakersfield Beautiful (KBB) works with the City of Bakersfield General Services Division Anti-Graffiti program in local schools, to educate students about the negative impacts of graffiti, as well as, teaching students about laws regarding graffiti. Volunteers are encouraged to help the City in their efforts to clean up graffiti. Graffiti Abatement Volunteers may: a. Adopt a wall that is vandalized regularly b. Paint over graffiti on United States Postal Service community mailboxes i. Requires special permission from the federal government ii. KBB provides paint kits to volunteers for the Adopt A Mailbox program c. Call 32-ERASE (323-7273) to volunteer to adopt a wall or mailbox, clean up graffiti, or report graffiti, that needs to be painted over by volunteers or City staff General Services Division: a. Uses a Paint Tracks Power Wash truck to remove graffiti, seven days a week b. Strives to remove all graffiti within 24 hours of receiving report
F10: Water purveyors providing domestic water within the City (See Appendix B): • City of Bakersfield • California Water Service • Casa Loma Water Company • East Niles Community Services District • Greenfield County Water District 57 • North of the River Mutual Water Company • Stockdale Annex Mutual Water Company • Stockdale Mutual Water Company • Vaughn Water Company
F11: In July 2017, the State Water Resources Control Board, Division of Drinking Water, established maximum containment level (MCL) for the synthetic chemical known as 1,2,3-Trichloropropane (TCP). TCP is a chemical previously used as a cleaning and degreasing solvent, and is associated with pesticide products. TCP is commonly found in groundwater throughout the Central Valley, and is present in Bakersfield. The implementation schedule for the new regulation requires water purveyors to begin sampling for TCP in their groundwater wells during the first quarter of 2018. The City operates 64 groundwater wells, in which 41 currently exceed the new MCL for TCP. The City is currently in the process of equipping an initial group of 27 wells with treatment facilities to remove the TCP from the groundwater prior to delivery of the treated water into the domestic water system. This project is known as the TCP Mitigation Project. The City is currently in litigation with the chemical companies responsible for the contamination. In May 2017, the City Council approved an emergency resolution, which allowed the City to dispense with bidding for the TCP Mitigation Project, in accordance with Section 3.20.060 of the Bakersfield Municipal Code. This resolution allowed the City to procure wellhead treatment vessels, granular activated carbon (GAC), engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation of TCP treatment facilities and other related project facilities: a. The City’s engineer’s estimate for the GAC was $2.1 million b. The City entered into agreements with the three GAC suppliers for the amounts as shown in the table below: 58 Price Recommended Supplier Carbon Type Subtotal (per vessel) Vessels Filled Aquasorb CX Jacobi $20,372.14 20 $407,442.80 12x40 Evoqua AC1240CAT $42,608.45 2 $ 85,216.90 Evoqua AC1230C $23,065.11 16 $369,041.76 Calgon Filtrasorb400 $22,642.00 16 $362,272.00 Calgon HPC830 $17,872.00 32 $571,904.00 Jacobi 20 $407,442.80 Evoqua 18 $454,258.66 Calgon 48 $934,176.00 86 $1,795,877.46 c. The total amount of GAC purchased is $1,795,877.46. Funds were previously budgeted within the Domestic Water Fund for this purchase and therefore an appropriation is not required. There is no impact to the General Fund.
F12: The City of Bakersfield operates and maintains an up-to-date website, www.bakersfieldcity.us. Many portals are available on the homepage; Government, How Do I, Business, Residents, Visitors, and sub-portals including: • City Council Agenda • Bid Opportunities • Accident Reports • Social Media Hub • Open Budget • Pay Bills • City Jobs • Adopt A Pet • Service Requests • City Maps • Municipal Codes • Traffic Conditions • Documents Search 59 • Latest News • Most Popular • Upcoming Events • TCP Updates
Related Recommendations (1)
R3: The City should post approved meeting minutes in a timely manner (by the next meeting date), to allow the public an opportunity to review the Council’s actions. The posting of minutes should be on the City’s website and at City Hall. (Findings 12, 13, 14, 15, and 16)
F13: The City is improving public accessibility with its innovative Bakersfield mobile phone application (App). Through the App, users are able to report service related issues for the City to address; damaged parks equipment, illegal dumping, graffiti, streetlights, traffic signals, and potholes. A recent update to the App now provides users with the ability to report code enforcement related items directly to City staff, including overgrown lawn or weeds, junk, trash and/or debris in a yard, abandoned furniture, algae in swimming pools, and vehicles parked on a lawn. Issues can be reported through photos, video, audio, or e-mail messages.
F14: The City of Bakersfield is committed to providing its residents and the general public with a user-friendly, transparent tool to learn more about the City's annual budget. The Open Budget platform is designed to allow users to easily locate, review, and retain current revenue and expenditure data at any time throughout the fiscal year. The proposed 2018 Operating Budget is $419,817,854. (See Appendix C) The Open Budget portal on the City’s website is broken down into three sections: Revenues, Expenditures, and Capital Improvements. Each section provides data for the Adopted Budget, Amended Budget, and Actual Year-to-Date data for the fiscal year selected. Each section is presented through a visual interface for ease of use.
F15: The City proactively supports the growth of new businesses. After eleven years of negotiations, a Bass Pro Shop will open in Bakersfield, providing employment opportunities for the community and revenues for the City. In February 2018, the City is expecting a response from Amazon, to the City’s proposal to locate their Western Distribution Center in Bakersfield. COMMENTS: The Cities and Joint Powers Committee of the 2017-2018 Kern County Grand Jury would like to thank the City Staff for their cooperation in providing information for this report. The City’s website was very useful and user-friendly in locating important information.
F16: Stated on the City Council Meeting March 13, 2018, Agenda, New Business, NB 1. – FY 2016-17 Financial Audit Report Prepared by Price Paige and Company, Certified Public Accountants,
Related Recommendations (2)
R7: The City should hire an outside auditing firm to perform a forensic audit of all financial transactions for the past two years. (Findings 16, 22, and 23)
R8: The City Council should take the lead role and responsibility to see that the City completes the Corrective Action Plan from the June 30, 2017 Financial Audit Report, by the end of the 2017-2018 Fiscal Year. (Finding 16) 81 NOTES: • The City of California City should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 82
F17: Because approved City Council meeting minutes of most recent meetings are not available to verify, witnesses reported to the Committee, that many votes of the Council’s actions were a 3-2-0 or a 2-2-1 vote, for the past year. 78
F18: The City has a website, www.californiacity-ca.gov/. It is lacking City Council meeting minutes, contact information for the Council Members, a portal for public comments; not regularly updated, and difficult to navigate.
Related Recommendations (1)
R4: The City should update their website to include contact information for City Officials and City Government. (Finding 18)
F19: The Committee has verified that two or more e-mails from City employees to other employees or their supervisors, have disappeared from the City’s e-mail server. Several e-mails from City employees to the Grand Jury have also been deleted or disappeared from the server. Records of the e-mails from the sent and/or inbox, and the contact list, have been deleted or disappeared.
Related Recommendations (1)
R5: The City should assure that all e-mails sent and/or received be archived. (Finding 19)
F20: After interviewing several present and past City employees, at least 8 out of 21 stated that they have filed a grievance, complaint, or a concern about the working conditions. The Human Resource Director was involved in the resolution of most of these complaints resulting in promotions, resignations, placement on administrative leave for over a year, or reassignment to another supervisory position.
Related Recommendations (1)
R6: The City Manager, Department Heads and Supervisors should be trained on how to become better leaders, to effectively supervise their staff, and to successfully resolve conflicts in the work place. The City should cease and desist any harassment of City employees who act as whistleblowers, and/or shared information with the Grand Jury. (Findings 20 and 21)
F21: City employees shared concerns that they were harassed by supervisors at work and/or written up for what appears to be minor details, after interviewing with the Committee.
F22: The City has adopted an ordinance with several amendments to allow the cultivation, manufacturing, and transporting of Cannabis. The permitting process has several steps with many fees that must be paid. Planning/Building, Public Works, Fire, and Police Departments are all involved in the permitting process. Not just one department or assigned personnel is responsible for the collection of fees and/or needed documents. Several City employees working the front window in the City Hall may receive and receipt funds and fees. This process may lead to inaccurate accounting. Budget funding codes were changed to allow for a better method of tracking fees. The nonrefundable Cannabis fee schedule is as follows: Phase 1: Preliminary determination of eligibility $3,258 Phase 2: Initial ranking $ 701 Phase 3: Second ranking $1,790 Phase 4: Public Meeting and City Council final selection $1,937 To date, four Cannabis businesses have been approved. It is unclear, due to conflicting statements given to the Committee, as to how many funds have actually been receipted for the Cannabis businesses. Approximately 185 applicants have started the process 79 and paid some fees. Not all of the fees were receipted in the same object code of the budget, making it difficult to reconcile. (See Appendix E) The approved Cannabis Tax will not take effect until July 1, 2018, for all permitted businesses.
F23: Account Clerks staff the payment window in City Hall. Clerks collect payments for water bills, business licenses, Cannabis permits, and other funds for the City in the form of cash, check, or credit card. Direct supervision is sometimes lacking; refund checks and credits have been issued on the same account, and receipt coding to accounts were entered incorrectly. (See Appendix E)
F24: Not all Council Members were completely accurate on their Form 700, submitted in September 2017.
F25: Community perception that the Mayor has hired friends as City employees, dismissed employees that oppose the Mayor, and issued Cannabis business permits to friends is unsubstantiated. In actuality, the Mayor and Council Members, working as a body, only hire the City Clerk and City Manager. The City Manager hires, dismisses, and disciplines all City employees. The City Council is involved in the appeal process for employee discipline. The City Council as a unit, will issue Cannabis permits after all phases and vetting processes are completed.
F26: The Special Parcel Tax measure on the April 10, 2018 Ballot, failed to receive the required 2/3 vote: • Yes – 957 votes, 57. 31%, • No – 711 votes, 42.57%. COMMENTS: The previous and current City Managers were very cooperative and helpful in providing needed information about the City, Cannabis production requirements, and future activities. Many interviewees provided much needed input and contact information. The City government is in need of guided directions. It appears that many employees and Council Members believe they are in full control of the City business. But actually, personal bias appears to be in charge of the City. Most decisions seem to be made based on personalities, which are not necessarily good for the City. An interviewee stated that the attitude of the residents is, “If we are to be friends, then you MUST hate the same people that I hate.” The Special Parcel Tax is a major concern for the City. Without these funds, it will be very difficult for the City to continue to operate in the current manner. These funds are needed to provide police and fire services, as well as road improvements.

Additional documents

Documents found alongside this year's reports, not grand jury reports or responses.