Kern County Grand Jury
2020-2021
Findings & Recommendations
5 findings
F1:
By entering into the Westside Water Authority JPA in 2020, the Authority has created two overlapping entities with many similar parts.
Related Recommendations (1)
R1:
The Grand Jury recommends the Westside Water Authority research amending the JPA to include items handled by the Westside District Water Authority JPA, thereby eliminating the need for the Westside District Water Authority JPA. (Finding 1)
F2:
Without a proper software system, the Authority’s financial personnel are doing all the work and having an outside vendor do their payroll.
Related Recommendations (1)
R2:
The Grand Jury recommends the Westside Water Authority update their financial software to include in-house payroll, by the end of 2021. (Finding 2)
F3:
Portions of the websites under the control of the Authority are not consistently maintained or updated.
Related Recommendations (1)
R4:
The Grand Jury recommends the Westside Water Authority update all member districts and other agency websites they are responsible for, including Board Meeting Agendas and Minutes of all member districts and JPAs, by the end of July 2021. (Finding 3) NOTES: • The Westside Water Authority, Westside District Water Authority, Belridge Water Storage District, Berrenda Mesa Water District, Lost Hills Water District, and Dudley Ridge Water 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 DEADLINES:
• REQUIRED WITHIN 90 DAYS FROM:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. APPENDIX: REFERENCE WEBSITE LINKS https://www.westsidewa.org/ https://www.westsidedwa.org/ https://www.belridgewsd.com/ https://www.bmwd.org/ https://www.lhwd.org/ http://www.dudleyridgewd.org/ https://www.kcwa.com/
F4:
The practice of non-standardization of budgets and other financial items from member districts leads to an overload on the limited Authority staff.
Related Recommendations (1)
R3:
The Grand Jury recommends the Westside Water Authority work with member districts to standardize budgets which will streamline financial workflow, by the end of 2021. (Finding 4)
F5:
Authority staff is organized and professional while working in an office space too small for their needs. COMMENTS: The Grand Jury would like to thank all who participated in interviews and provided valuable information.
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Findings & Recommendations
13 findings
F1:
The first and second floors lack a fire suppression system. The basement system is outdated and appears inoperable.
Related Recommendations (2)
R1:
Install a fire suppression system on all floors. Apply for funding in next year’s capital expenditure budget. (Finding 1)
R11:
Seek funding to relocate the Property Room to a larger, more modern building that addresses all of our concerns. In addition, consider the possibility of working with General Services and the Sheriff’s Office to repurpose the current building. (Findings 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13) Looking Ahead for 5 Years 300,000 250,000 200,000 150,000 100,000 50,000 0 2010 2015 2020 2025 2030 Chart created by the Grand Jury from prior Grand Jury reports and Property Room data
F2:
Annual fire inspections of the building are not done. The sensitivity of the evidence stored in the property building should dictate these inspections.
Related Recommendations (1)
R2:
Request an annual fire inspection by the appropriate agency. General Services should schedule periodic inspections of the fire suppression system. (Finding 2)
F3:
Quick access by the Fire Department in the event of a fire needs improvement.
Related Recommendations (2)
R3:
Develop an emergency key system. Apply for funding in next year’s capital expenditure budget. (Finding 3)
R4:
The Sheriff’s Office should develop a policy allowing after-hours access to the Property Room in the event of a fire. The Central Receiving Facility on-duty shift supervisor should issue the key(s). The key(s) should be designated as emergency access response only and on a restricted basis. (Finding 3)
F4:
There is a need for installation of electrical connections for an emergency power generator and the acquisition of a unit for the Property Room capable of providing power to the entire building.
Related Recommendations (1)
R5:
Install an emergency power generator system and its connections. Apply for funding in next year’s capital expenditure budget. (Finding 4)
F5:
Securing and retaining evidence is the primary focus of the Property Room and is of vital interest to Kern County’s justice system.
F6:
The Sheriff’s Office needs additional security cameras covering all areas.
F7:
The facility needs additional space to accommodate the increasing evidence. The Property Room has never removed any sexual assault evidence from storage. The current location may be full in three years.
Related Recommendations (1)
R6:
Identify and acquire a larger facility to accommodate all current and anticipated evidence for the next five years with the option for future expansion. Accelerate the process of the return or destruction of evidence to free up space. Apply for funding in next year’s capital expenditure budget. (Finding 7)
F8:
This building has inadequate ventilation and air conditioning, offering a sub-par work environment. The fans in the narcotic storage do not adequately remove the vapors adversely affecting staff that may lead to Workers’ Compensation claims resulting in additional cost to the County.
Related Recommendations (1)
R7:
Install an enhanced ventilation system in the marijuana and narcotics storage areas. Apply for funding in next year’s capital expenditure budget. (Finding 8)
F9:
The Marijuana Concentrate pails should be isolated in a flammable storage cabinet.
Related Recommendations (1)
R8:
Acquire a flammable storage cabinet to contain all flammable items. (Finding 9)
F10:
The elevator offers poor service reliability leading to repeated repairs. Elevator repairs are costly and time consuming. The Grand Jury found that employees are concerned about being trapped in the elevator. The anxiety caused by service disruption is stressful. Higher insurance or Workers’ Compensation claims might occur after employees carry heavier items to storage locations when the elevator malfunctions.
Related Recommendations (1)
R9:
Due to the elevator requiring significant repair or replacement, consider relocating to a new building. (Finding 10) 2020-2021 Kern County Grand Jury Report
F11:
Property Room staffing currently appears adequate. It is likely additional staff will be needed to handle the projected workload as evidence volume increases. 2020-2021 Kern County Grand Jury Report
Related Recommendations (1)
R10:
Estimate the increase workload and personnel needed for annual increases in evidence storage. (Finding 11)
F12:
The current Property Room rack system offers some improvement in evidence storage and retrieval. The manual labeling and shelf system are outdated.
Related Recommendations (1)
R12:
Investigate the application of robotics, technology, or automated rack systems to expedite the labeling, storage, handling, and retrieval of evidence. Investigate Infrastructure Grants or grants for technology that might be available to accomplish this improvement. (Findings 12 and 13) NOTES: • The Kern County Sheriff’s Office 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. REQUIRED RESPONSES WITHIN 60 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 2020-2021 Kern County Grand Jury Report
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. APPENDIX: Reference Website links: https://kernsheriff.org/ https://www.kernsheriff.org/Property_Evidence https://www.kerncountyfire.org/en/ https://www.bakersfieldcity.us/233/Fire https://osfm.fire.ca.gov/ https://www.kerncounty.com/government/county-administrative-office/general-services https://www.justice.gov/grants https://govt.westlaw.com/calregs/Document/IA1C01820D4BA11DE8879F88E8B0DAAAE?con textData=%28sc.Default%29&transitionType=Default https://www.justthinktwice.gov/facts-about-marijuana-concentrates https://post.ca.gov/Portals/0/post_docs/publications/Evidence_and_Property_Management.pdf https://leginfo.legislature.ca.gov/faces/home.xhtml https://leginfo.legislature.ca.gov/faces/home.xhtml https://www.osha.gov/laws-regs/standardinterpretations/2010-07-14 https://www.fireandburn.org/prevention/honey-oil-danger https://codes.iccsafe.org/content/CFC2019P1/chapter-9-fire-protection-and-life-safety-systems https://www.kerncountyfire.org/en/fire-prevention/inspections.html https://www.globalindustrial.com/c/storage/flammable-osha-cabinets/flammable 2020-2021 Kern County Grand Jury Report
F13:
Modernization, technology and/or robotics could improve evidence storage and retrieval of anticipated increased evidence. COMMENTS: This Grand Jury would like to thank the commander, lieutenant, sergeant, and staff for the professional tour and information provided supporting our investigation. The Property Room is clean, organized and efforts to optimize the space is obvious. The Grand Jury recognized the staff is doing their best to maintain irreplaceable evidence but only so much can be done in a building that is past its usefulness.
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Findings & Recommendations
18 findings
F1:
American Rescue Plan Act of 2021 (ARP): includes $30.5 billion in federal funding to support the nation’s public transportation systems as they continue to respond to the COVID-19 pandemic and support the President’s call to vaccinate the U.S. population.
F2:
Bakersfield-Kern Regional Homeless Collaborative (BKRHC): is the non-profit organization for the CoC, which works to reduce the impact of the homeless in Kern County.
F3:
Chronically Homeless: is the homeless that is living or residing in a place not meant for human habitation, a safe haven or in an emergency shelter continuously for at least one year, or at least four separate occasions in the last three years.
F4:
Continuum of Care (CoC): is a program designed to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homeless individuals.
F5:
Emergency Shelters: is any facility that provides a temporary shelter for the homeless in general or for specific populations of homeless and which does not require occupants to sign leases or occupancy agreements.
F6:
Emergency Solutions Grants (ESG): provides grants by formula to states, metropolitan cities, urban counties and U.S. territories to support homelessness prevention, emergency shelter and related services.
F7:
Episodic Homelessness: is an individual lacking stable housing having recurrent problems with housing.
F8:
Functional Zero: is a dynamic milestone that indicates a community has solved homelessness for a population.
F9:
HEARTH Act: Homeless Emergency Assistance and Rapid Transition to Housing Act is a consolidation of the HUD’s competitive grant programs.
F10:
Hidden Homelessness: is an individual who become homeless but finds a temporary solution by staying with family or friends, living in squats or other insecure accommodations.
F11:
Homelessness: is an individual or family who lacks a fixed, regular, and adequate night- time residence. 18
F12:
Homeless Management Information System (HMIS): is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness.
F13:
NIMBY - Not In My Backyard: a colloquialism signifying one’s opposition to the locating of something considered undesirable in one’s neighborhood.
F14:
Permanent Housing: is a community-based housing without a designated length of stay in which formerly homeless individuals and families live as independently as possible.
F15:
Point in Time Count: is a “snapshot” count of sheltered and unsheltered homeless persons carried out on one night in the last ten calendar days of January or at such other time as required by HUD.
F16:
Transitional Homelessness: is an individual going through a major life change or catastrophic event, e.g., loss of a job suddenly and unexpectedly, facing homelessness while looking for a new job.
F17:
United States Department of Housing and Urban Development (HUD): is an U.S. government agency that supports community development and homeownership.
F18:
YIMBY - Yes In My Back Yard: is a community of neighbors who welcome more development in the neighborhood. Saying yes to affordable housing, yes to inclusive, equitable communities, yes to opportunity, and yes to more neighbors.
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Findings & Recommendations
6 findings
F1:
Lack of trained supervision can result in warrants not being served for weeks or months, along with violations of DOJ secondary verification requirements.
Related Recommendations (1)
R1:
The KCSO should improve direct supervision at substations to ensure the timely service of warrants. KCSO substation supervisors should also receive training regarding CJIS and CLETS. (Finding 1)
F2:
The current SST training method results in poor habits being passed on and a lack of consistency. Substation supervisors do not receive CLETS or NCIC training to enter information into the database.
Related Recommendations (2)
R2:
The KCSO should provide formal training courses where tasks and goals are clearly outlined for SST and substation supervisors. (Finding 2)
R3:
KCSO SSTs should meet quarterly to receive updated training, and discuss problems and their solutions. (Finding 2)
F3:
There is no urgency to issue warrants in a timely manner. Without timely entry into CLETS and NCIC, other law enforcement agencies may not know an individual has an outstanding felony or misdemeanor warrant. 2019-2020 Kern County Grand Jury Report 174
Related Recommendations (1)
R4:
KCSO SSTs should adjust their work schedule to ensure last minute warrants are processed for service. (Findings 3 and 4)
F4:
Warrants may be issued at any time, however, the SST may search for CJIS notifications at random times throughout the day. If a warrant is issued late in the day, it may wait until the next day or longer to be assigned.
F5:
There is no coverage for sick or vacationing SSTs. This could result in warrants going days or weeks without being assigned to a deputy.
Related Recommendations (1)
R5:
The KCSO should have a backup SST to act as a floater to cover absent SSTs and ensure timely warrant processing. (Finding 5)
F6:
There are no checks and balances in place to ensure warrants are served. The SST and the substation supervisor assume once a warrant is assigned to a deputy, it will be served. COMMENTS: The Kern County Grand Jury would like to thank the Kern County Sheriff’s Office personnel for their assistance and cooperation.
Related Recommendations (1)
R6:
The KCSO should set up a tracking system or oversight procedure to ensure warrants are served in a timely manner. (Finding 6) NOTES: • The Kern County Sheriff’s Office 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: kerncounty.com/grandjury 2019-2020 Kern County Grand Jury Report 175 • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 60 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. GLOSSARY: CLETS: California Law Enforcement Telecommunication System is a high-speed message switching system, which became operational in 1970. CLETS provides law enforcement and criminal justice agencies access to various databases and the ability to transmit and receive point-to-point administrative messages to other agencies within California or via the National Law Enforcement Telecommunications System (NLETS) to other states and Canada. NCIC: The National Crime Information Center is the United States' central database for tracking crime-related information. The NCIC has been an information-sharing tool since 1967. It is maintained by the Criminal Justice Information Services Division (CJIS) of the Federal Bureau of Investigation (FBI) and is interlinked with federal, tribal, state, and local agencies and offices. 2019-2020 Kern County Grand Jury Report 176
Findings & Recommendations
9 findings
F1:
The 2017-2018 Grand Jury report referenced the interference of City Council in the daily operations of the City. This practice appears to be a continuing problem in violation of City Ordinance No. 14-725 and AB1234.
Related Recommendations (2)
R3:
Develop a plan to promote a strong and positive working environment between departments, improve strained relationships and trust between City Departments and the City Council. Take actions to encourage stronger relationships between the general public and the City. (Findings 1 and 2)
R9:
The City Council is to cease and desist violation of the Municipal Code and AB1234 whereby the City Council cannot interfere with day-to-day City operations. (Findings 1 and 2) 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: kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury 2019-2020 Kern County Grand Jury Report REQUIRED RESPONSES WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 2019-2020 Kern County Grand Jury Report
F2:
There is a culture of mistrust and animosity between the City Council and Department employees. There is a general lack of trust between the general public and City Departments. The City Council’s failure to complete required ethics training fuels ongoing trust issues with residents.
F3:
The City underutilizes the Caselle software system. Using more areas of the system would tie the functionality of multiple areas of the City and reduce costs and man-hours by integrating more areas.
Related Recommendations (1)
R1:
The City should fully implement the Caselle software system to integrate the areas of purchasing, accounts payable, accounts receivable, financial, payroll and permitting for all Departments. (Finding 3)
F4:
Department heads are unaware of their operating and maintenance budgets, and their creation. The lack of understanding of current policies and procedures regarding purchases and bids leaves the City open to waste of funds.
Related Recommendations (1)
R2:
Provide training to all Department heads regarding their budgets and purchasing procedures, ensuring that all written and approved procedures are followed. (Finding 4)
F5:
Currently, bids for supplies and services are being requested directly from vendors by Departments and returned to the requesting Department, violating City Ordinances. Presently no Department has been given written authorization to make purchases other than the Purchasing Agent. Bids avoiding the Purchasing Agent and opened by the Department rather than delivered sealed to the City Clerk, completely circumvents any oversight outlined by the City Ordinance.
Related Recommendations (1)
R7:
Comply with all Municipal Codes for the posting, receiving, and processing of bids. When bids are received, they are to remain sealed and go directly to the City Clerk and not department heads, as per City Ordinance Municipal Code section 3-3.110(a). (Finding 5) 2019-2020 Kern County Grand Jury Report
F6:
The practice of Departments using bank credit cards to bypass the purchase order process that exceeds the $100 purchase limit is common practice. This is a violation of City Policy. This after cardholders acknowledged and signed the City Cardholder Agreement.
Related Recommendations (1)
R4:
Update current Policies and Procedures for credit card use, to include ethics training. Continue to improve the control of credit card issuance and usage of credit cards by assigned cardholders. (Finding 6)
F7:
The City Manager is overwhelmed with the duties as the Purchasing Agent in addition to the City’s day-to-day operations. This is putting a strain on all areas of City operations.
Related Recommendations (1)
R5:
The City Manager should appoint a Purchasing Agent position assigned to the Finance Department, as allowed by Municipal Code section 3.3.104(a). Increase spending limits from $1,000 to $5,000 for the Purchasing Agent, allowing more flexibility to make purchases without City Council approval. Increase spending limits for Department heads without Purchasing Agent approval from $100 to $500. This should reflect the current market value of goods and services. This would give the City Manager time to focus on the City’s daily operations. (Finding 7)
F8:
The City is not keeping a list of local contractors and records as required by City Ordinance No. 13-718, to facilitate inviting bids and to award Public Projects. Because of this, local businesses have no incentive to bid on public projects. As a result, the Local Business Preference Program for bids or proposals is no longer needed or relevant.
Related Recommendations (1)
R8:
All public projects need to be awarded as provided in the UPCCAA. Maintain a list of contractors as outlined in Public Contract Code section 22034. Eliminate the Preferred Local Business Ordinance Municipal Code section 3.302. (Finding 8)
F9:
With no one in charge of the fuel card account, unnecessary cards are in circulation, possibly resulting in fraud, waste, and abuse of City funds. 2019-2020 Kern County Grand Jury Report COMMENTS: The Committee thanks City Officials and Staff for their cooperation in providing information used in this report. The City continues to be divided on many functional areas of City business. There is a temptation in some Departments to circumvent the system, which might be due to high turnover, lack of training, clear guidelines, and policies and procedures.
Related Recommendations (1)
R6:
Develop policies and procedures for fuel card usage with a detailed tracking system for City vehicles, preventing the unnecessary drain of City assets. Establish a central position for handling the RSI fuel account, and reconcile the current fuel credit cards to eliminate unnecessary cards. (Finding 9)
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Findings & Recommendations
5 findings
F1:
APS provides an admirable service to the senior and dependent residents of Kern County in terms of disseminating information. AASD has a public website which offers excellent information to those who are computer literate. 89
Related Recommendations (1)
R1:
Within 18 months, Kern County Aging and Adult Services Department should assign Adult Protective Services workers to Senior Centers on a rotational basis to each of its districts, one or two days per month, to talk to concerned community members. (Finding 1)
F2:
According to financial abuse referrals, the elderly in areas outside of the City of Bakersfield may be underserved by APS. It is inconceivable that of the 1,314 reported cases of elder financial abuse, 1,001 came from the City of Bakersfield, while only 313 came from the rest of Kern County.
Related Recommendations (1)
R2:
Kern County Aging and Adult Services Department should develop a network consortium of agencies, businesses, and concerned citizens within each Adult Protective Services district within 18 months. (See
F3:
Most elderly who are victimized are reluctant to report that they have been scammed. According to a report published by the American Bankers Association, only one in 44 elder financial abuse cases are reported.
F4:
There are many agencies working to prevent elder financial abuse; however, these efforts are not consistent outside of Bakersfield.
Related Recommendations (2)
R3:
Kern County Aging and Adult Services Department should seek grants to provide funding for a pilot neighborhood/district consortium concerned with reducing and/or preventing elder financial abuse. (Finding 4)
R5:
The Sheriff should immediately provide better building security and also security for staff as they enter or exit the building. In the event of high-profile decedents, extra security personnel should be available. Monitored security cameras may be an option. (Finding 4)
F5:
The Grand Jury was unable to determine the status of the referrals confirmed by APS to be elder financial abuse in 2019. This information is not available from the District Attorney, and it hinders an accurate accounting of elder financial abuse. COMMENTS: The Grand Jury would like to thank the staff of the AASD and the DA offices for their cooperation, candor and responsiveness. The staff interacting with the Grand Jury appeared to be genuinely dedicated, caring and concerned about elder abuse.
Related Recommendations (2)
R4:
Kern County Aging and Adult Services Department should work with the District Attorney to develop procedures to track all elder abuse referrals through criminal prosecution. (Finding 5) 90 NOTES:
• Kern County Aging and Adult 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: kerncounty.com/grandjury
• Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 90 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
R6:
The Sheriff should make the security of the files and property stored in the warehouse a priority. Digitizing the files may be an option. The Sheriff should seek a grant in order to provide funding for this project. (Finding 5) 98 NOTES: • The Kern County Sheriff’s Office and the BOS 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: kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 60 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
Findings & Recommendations
20 findings
F1:
The Water Reclamation Plant is a small, well-maintained facility. However, the lack of security allowed the Grand Jury to drive into the operating facility, walk around the equipment, and photograph the operation for several minutes before being questioned by employees. (See Appendices A and B)
Related Recommendations (2)
R2:
The Bear Valley Community Services District should restrict public access to the Water Reclamation Plant with proper signage near the gate and other useful security measures by June 1, 2020. (Findings 1, 2, and 3) (See
R9:
The North Edwards Water District Board should seek any and all assistance available from outside agencies (County, State, and/or Federal) to help the District meet the demands of the State and the EPA to supply safe potable water to their customers. (Findings 1, 2, 4, 8, 15 and 16)
F2:
The Water Reclamation Plant had an open gate making it accessible to the public. When the gates are open, the “No Trespassing” signs are not visible, and create a lack of security. (Photos by Grand Jury showing the entrance to the Water Reclamation Plant, October 21, 2019) 143
F3:
The lack of visible signage makes the Water Reclamation Plant appear inviting and creates an attractive nuisance. (Photo from the District’s Website showing the effluent water pond)
F4:
Upon arrival, the personnel at the main entrance gate were unaware of procedures to allow visitors to attend the public District Board Meeting, and/or visit public facilities. According to Board Agendas, “Members of the public may address the Board on matters not listed on the Agenda....” The Grand Jury was allowed to proceed through the gate, while other vehicles were questioned then turned around, due to the lack of a pass, potentially violating Government Code section 54953(a).
Related Recommendations (1)
R1:
The Bear Valley Community Services District should develop a procedure, and inform all security gatehouse personnel, to allow the general public access to all public meetings and public facilities. The District should comply with Government Codes sections 54950 and 54953(a) immediately. (Finding 4)
F5:
On the October 1, 2019 visit, the Grand Jury noted many properties with vegetation that were non-compliant with Hazard Reduction KCOC 8.46. By the October 22, 2019 visit, many of the properties had been recently cleared. The Grand Jury noticed only two properties were still in non-compliance. (See Appendix A) The threat of fire is a major concern. As of June 1, 2019, the Kern County Fire Department issued approximately 25 warnings to property owners within the District for non-compliance for the fire season. Neighbor complaints were also reported. (Photo by the Grand Jury showing lack of defensible space, October 21, 2019) 144
Related Recommendations (1)
R3:
The Bear Valley Community Services District should work closely with the Kern County Fire Department to ensure that the Hazard Reduction Ordinances are strictly enforced to be consistent with these ordinances. (Finding 5) (See Appendix A)
F6:
In case of fire, earthquake, or other natural disasters, the 5,000 residents have only one way in and one way out, which is through the main security gate on Bear Valley Road. All other trails and exits, including the Deer Trail, are unacceptable due to the narrow unmaintained road conditions. Many trails have locked gates onto private properties. It would be impossible to evacuate all residents, pets, and livestock in a safe and timely manner.
Related Recommendations (1)
R4:
The Bear Valley Community Services District should consider the development of an alternate exit route for emergency evacuations. (Finding 6)
F7:
On the October 10, 2019 visit, the Grand Jury witnessed the Emergency Action Plan, when the power was turned off to the District by the power company. While the Board of Directors meeting had generator power, there was a lack of coordination as to where residents, needing power, were to report for assistance. The obvious location (Whiting Community Center) as a refuge center was not equipped with a generator and appropriate emergency supplies (cots, blankets, water, etc.). It is unknown as to the availability of any other refuge locations.
Related Recommendations (3)
R5:
The District’s Emergency Action Plan should be in place and operating within minutes of an emergency. (Findings 7 and 8)
R6:
The District should immediately call a CodeRED when power is shut off due to high winds, storms, or other emergencies to provide the residents an opportunity to seek appropriate refuge in a timely manner. (Findings 7 and 8)
R7:
The District should designate refuge locations and have appropriate supplies and backup power before an emergency, then notify the residents by June 1, 2020. (Finding 7)
F8:
A District CodeRED emergency alert system and various social media platforms were sent out hours after the power was turned off on October 10, 2019. (A CodeRED is a system that will notify residents in case of an emergency. Currently, 3,000 residents have signed up for this notification. The District pays $15,000 for a 3-year contract for the CodeRED service.)
F9:
The District’s website is progressive, in that, all board meeting agendas, minutes, and videos are posted in a timely manner. All subcommittee meeting agendas, and minutes are available for public access. The board meetings are linked to live telecasts.
F10:
The following special taxes, assessments, and standby charges are collected and reviewed annually, beyond the Kern County Property Tax:
• Gate Operations $75 per parcel
• Roads Assessment $340 per parcel
• Police Protection Service $80 per parcel
• Improvement District #2 Bonds 0.009768% per $1,000 assessed property value
• Water Standby Charge $40.28
• Sewer Standby Charge $59.96 Additional service fees are billed monthly:
• Solid Waste $16 per month per parcel
• Potable Water Varies as to metered usage
• Sewer 478 connections $76.16 per parcel Other than water rates, the District has not completed any new rate study, or met the Prop 218 requirements, for a proposed new rate change on the above fees. 145
Related Recommendations (3)
R8:
The District should follow the process of Prop 218 to reevaluate the rate assessments for the purpose of increasing the fees, in an effort to offset the increase in costs associated with the District’s operations. (Finding 10) 146 NOTES:
• The Bear Valley Community Services District and Kern County Fire Department should post a copy of this report where it will be available for public review
• Members of the public wishing to receive email notification of newly released reports may sign up at: kerncounty.com/grandjury
• Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 90 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. GLOSSARY: Community Services District: Community Services Districts are formed under Government Code section 61000, as an independent local government used to provide services in unincorporated areas of a county. Homeowner’s Association: A homeowner’s association (HOA) is an organization in a subdivision, planned community or condominium that make and enforce rules for the properties and their residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. Public: Public is the whole body, or any person of a state, nation, or municipality... belonging to the people at large; relating to or affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community. Public Access: A public place, generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation. Effluent: Effluent is an outflowing of water to a natural body of water, from a structure such as a wastewater treatment plant, sewer pipe, or industrial outflow. Defensible Space: A defensible space is an area around a building in which vegetation, debris, and other types of combustible fuels have been treated, cleared, or reduced to slow the spread of fire to and from the building. Potable Water: Drinking water, that is safe to drink or to use for food preparation. State Responsibility Area: The State Responsibility Areas (SRA) are recognized by the Board of Forestry and Fire Protection as areas where Cal Fire is the primary emergency response agency responsible for fire suppression and prevention. Standby Charges: A standby charge is essentially an assessment that is charged to unimproved properties to ensure that adequate water or sewer service will be available for that parcel when needed. Standby charges normally appear on property tax bills, although they may be billed directly by the local agency. Prop 218: Proposition 218 restricts local governments' ability to impose assessments and property-related fees, and requires elections to approve many local government revenue-raising methods.
R12:
Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) NOTES: • The North Edwards Water District, California Natural Resources Agency, California State Water Resources Control Board – Division of Drinking Water, California State Auditor, and the United States Environmental Protection Agency, Region IX, 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: kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. GLOSSARY: 1. MCL: Maximum Contaminant Levels are standards that are set by the United States Environmental Protection Agency (EPA) for drinking water quality. An MCL is the legal threshold limit on the amount of a substance that is allowed in public water systems under the Safe Drinking Water Act. The limit is usually expressed as a concentration in milligrams or micrograms per liter of water. 2. PPB: Parts per billion is a commonly used unit of concentration for very small values. One part per billion is one part of solute per one billion parts solvent. 3. PPM: Parts per million is a commonly used unit of concentration for small values. One part per million is one part of solute per one million parts solvent. 4. pCi/L: Picocuries per liter is a unit for measuring radioactive concentrations. The curie (Ci) unit is the activity of 1 gram of pure radium 226. Pico is a scientific notation term which means 110. A typical value for radon in the living spaces of a US home is 1 pCi/L. 5. AB 1234: Cities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. The state Fair Political Practices Commission has made the AB 1234 Local Ethics Training available to satisfy the local official’s ethics training requirement. 6. Ralph M. Brown Act: The Brown Act states that it is the intent of the law that the actions of public legislative bodies be taken openly and that their deliberations be conducted openly. The Brown Act is intended to give the citizens of California access to government agencies and prohibit governmental decisions from being made in secret. 7. SB 929 (Gov. Code 53087.8): Passed in late 2018, is a law requiring all independent special districts in California to create and maintain a website by January 2020, with four distinct pieces of information posted: 1. Contact Information for the District, 2. Current Agenda, 3. Financial Transactions Report, and 4. Catalog of software used. 8. Notice of Appeal: is the paper filed in the Superior Court where the case was decided to let the court and the other side know that you are appealing the court's decision. Filing a notice of appeal begins the entire appeals process. 9. Arsenic: is a white to gray, brittle solid. It occurs naturally in water and soil. Arsenic can be harmful to the eyes, skin, liver, kidneys, lungs, and lymphatic system. Exposure to arsenic can also cause cancer. 10. Bromodichloromethane: is one of the total Trihalomethanes (TTHMs), it is formed when chlorine or other disinfectants are used to treat drinking water. Bromodichloromethane and other disinfection byproducts increase the risk of cancer and may cause problems during pregnancy. 11. Hexavalent chromium (also known as Chromium 6): is the most toxic form of the metal chromium. It is naturally found in rocks and may enter the groundwater by weathering of chromium 6-containing rocks or from industrial contamination. 12. Dibromochloromethane (also known as tribromomethane): is colorless to yellow, heavy, non-burnable liquids with a sweetish odor. These chemicals are possible contaminants of drinking water that has been chlorinated to kill bacteria and viruses that could cause serious waterborne infectious diseases. 13. Nitrate: is a compound that is formed naturally when nitrogen combines with oxygen or ozone. Nitrogen is essential for all living things, but high levels of nitrate in drinking water can be dangerous to health, especially for infants and pregnant women. 14. Uranium: is a common naturally occurring and radioactive substance. It is a normal part of rocks, soil, air, and water, and it occurs in nature in the form of minerals – but never as a metal. 15. PROP. 84: The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) authorized $5.388 billion in general obligation bonds to fund safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts. 16. Administrative Order on Consent: is an agreement between an individual or business and regulatory body in which the individual or business agrees to pay for damages. The EPA generally issues an Administrative Order on Consent to clean up or remedy environmental damages. The Administrative Order on Consent can then be enforced in court if the business does not comply. 17. California State Water Resources Control Board – Division of Drinking Water: is dedicated to a single vision: abundant clean water for human uses and environmental protection to sustain California's future and have regulatory responsibility for protecting the water quality. 18. United States Environmental Protection Agency (EPA): set national standards that states and tribes enforce through their own regulations. If they fail to meet the national standards, EPA can help them. The EPA also enforce US regulations, and help companies understand the requirements. NEWD 2019-2020 Grand Jury Report NORTH EDWARDS WATER DISTRICT 13525 Fran Street, North Edwards, CA 93523 760-769-4520 FAX 760-769-1045 December 2, 2020 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 Jerry D. Troxel, TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 RE: Response to Kern County Grand Jury Final Report August 31, 2020 Dear Presiding Judge and Mr. Troxel, I am writing in response to the Grand Jury report dated August 31, 2020. The North Edwards Board of Directors have met and discussed the findings and recommendations. Please see the responses below:
R16:
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F11:
Under the direction of the current General Manager, the District has taken a proactive approach in updating and modifying many policies and ordinances. COMMENTS: The Grand Jury thanks all the individuals that participated in interviews and provided information for the preparation of this report.
Related Recommendations (2)
R11:
The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17)
R16:
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F12:
After the Committee reviewed the past eight years of the Board meeting minutes, it is evident that accurate minutes were not maintained or posted for public review. Several monthly minutes were duplicated from other months. For example, regular minutes in August 21, 2017, are word-for-word minutes of August 17, 2015, with the exceptions of the Date and Members present. Other regular minutes had the wrong dates. This led the Committee to question the accuracy of the minutes and any board actions. The Committee was unable to obtain a complete set of board meeting minutes for any given year, as required by Government Code and Water Code.
F13:
The Board meeting minutes revealed that motions and votes were taken on items not on the posted agenda. This is a possible violation of California Government Code section 54954.2(a) (2), The Ralph M. Brown Act, “No action or discussion shall be undertaken on any item not appearing on the posted agenda...”
F14:
Although a member, NEWD is not using all of the resources available to them from the California Special District Association for training of Directors, setting up a website, Public Records Act, The Brown Act, safety training, and legal updates on State laws.
F15:
The Committee received a letter from the NEWD Board on June 16, 2020, indicating that the District is in need of help. With only three active board members, no liability insurance carrier, and staff members that may walk, the Board of Directors feel that they are one step away from disbanding.
F16:
Driving through the community and speaking with residents, the Committee discovered that some don’t drink the well water without a filtration system in their homes, while most purchase bottled water for their household use, with costs varying from $30 to $200 per month, in addition to their $50 NEWD bill. A majority share a distrust for the District Board doing the right thing and completing the Project. Many no longer attend District and town hall meetings.
F17:
It appeared the Prop. Funds were not closely monitored by the California Natural Resources Agency and the NEWD Board. With deposits of $2,906,566.91 sent to the NEWD Special Project Account, the previous Board allowed funds to be expended even before the bidding process was completed and the awarding of the contract in December 2013. The NEWD Special Projects bank records, obtained by subpoena, contained the following information: • $191,963.20 was paid August 2013 to the filtering company (before the bidding process was completed) • $35,993.10 was paid January 2014 to the filtering company (before the General Contractor was on site) • More than $742,173 has been paid to the filtering company. To date, no products have been delivered to NEWD or the job site from the filtering company
Related Recommendations (2)
R10:
The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17)
R16:
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F18:
A few of the previous NEWD Board members interfered with the General Contractor’s daily operations from day one on the job site. This was the beginning of an ongoing battle.
F19:
Based on the Committee’s investigation and interviews, the Project Manager did not want the General Contractor removed from the job, and given the opportunity, the General Contractor can still complete the Project.
F20:
Some of the concerns expressed in Fact L, would have been corrected to specifications before the completion of the Project, at no extra expense to NEWD. COMMENTS: The Grand Jury thanks the staff at North Edwards Water District for their willingness to share the status of the District. However, it was unfortunate that not all information was readily available to the Grand Jury. The Grand Jury appreciates the openness and honesty of all those who were interviewed. The citizens of North Edwards should attend NEWD meetings, and express their concerns over the water quality being provided, as well as, the way the District is being managed. NEWD needs to find a solution and the means to get the Water Purification Plant completed and operational to save further expenses to the citizens of North Edwards.
Findings & Recommendations
6 findings
F1:
The City potentially faces significant financial challenges in meeting the obligation of the contract with the Kern County Fire Department which expires on July 1, 2022.
Related Recommendations (1)
R1:
The administration should develop a plan to obtain the funds needed to fill the Kern County Fire Department contract that begins on July 1, 2022. (Finding 1)
F2:
The failure to have audited financial reports for FY’s 2017-2018, 2018-2019, and 2019- 2020 could result in fines from the State and the City’s ability to receive State funds.
Related Recommendations (1)
R2:
Audited financial reports for FY’s 2017-2018, 2018-2019 and 2019-2020 for the City of McFarland need to be completed as soon as possible by the outside auditing firm. (Finding 2)
F3:
Key departments have been plagued by high turnover; new leadership is working to improve the financial position of the City.
F4:
The McFarland website is not current in all areas and the meeting agendas do not meet accepted business practices.
Related Recommendations (2)
R3:
The City should designate a qualified employee to update and maintain the website. (Finding 4)
R4:
The City should examine the agendas of other cities, i.e. Arvin, Shafter, Tehachapi, and Wasco, for examples on how to prepare a proper agenda to include current financial information. (Finding 4)
F5:
Annexation of proposed property along Highway 99 could potentially provide significant revenue.
F6:
The Grand Jury found the roads to be in need of repair, exhibiting large cracks and uneven sections. The roads most in need of repair are:
• West Davis Avenue from Elmo to West Perkins Avenue
• 6th Street from Robertson to West Sherwood Avenue
• West Ebell from Woodruff to Mast Avenue
• Hail Lane from Davis Avenue to Frontage Road
• Wiley Street from Robertson Avenue to East Sherwood Avenue COMMENTS: The Grand Jury found the administration of the City of McFarland to be very cooperative and supplied the Grand Jury with the materials and information that was available.
Related Recommendations (1)
R5:
Upon receipt of grant funding, road repairs should be a priority. (Finding 6) NOTES: • The City of McFarland 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. REQUIRED RESPONSES WITHIN 90 DAYS TO:
• PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301
• TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. DISCLAIMER: This report was issued by the Grand Jury with the exception of a Juror(s) pursuant to Cal. Penal Code § 916.2(a). The Juror(s) was/were excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report.
Findings and recommendations not yet extracted.
Findings & Recommendations
35 findings
F1:
Landfills have a network of piping for the collection and disposal of methane gas that each facility generates. There is a horizontal grid of buried pipelines every 40 to 50 feet in depth connected to a series of vertical wells drilled to capture the methane gas that is generated. This methane gas is collected and flared (burned) at each facility.
F2:
Landfills producing methane gas are monitored 24/7 with the data collected at the KCPW headquarters. These facilities are permitted and monitored by the Kern County Air Pollution Control District: Active Landfills: Average Flow Rate Yearly Total Bena Sanitary 1,214.8 SCFM* 612,709,405 SCF Ridgecrest Sanitary 118.1 SCFM 59,212,645 SCF Shafter-Wasco Sanitary 285.5 SCFM 147,716,189 SCF Tehachapi Sanitary 64.6 SCFM 32,120,413 SCF Inactive Landfills: Arvin Sanitary 190.1 SCFM 79,606,149 SCF China Grade 217.2 SCFM 75,598,270 SCF Kern Valley 77.0 SCFM 21,559,375 SCF McFarland-Delano 110.9 SCFM 15,126,337 SCF Totals: 2,278.2 SCFM 1,043,648,783 SCF *(Standard Cubic Feet per Minute)
F3:
At the Bena Landfill, a $12 million capital investment is being evaluated by a 3rd party contractor to treat and compress this methane gas for sale to a natural gas transmission system. The other landfills within Kern County do not generate enough methane to justify the expenditure.
F4:
Landfills have Gatekeepers assigned to each location to direct the self-haulers to the correct area within the facility. One of the Gatekeeper’s responsibilities is to eliminate any lost time for the franchise haulers while at the “face” of the dump site.
F5:
A major concern at landfills is the self-haulers who are not inspected by the Gatekeepers and dump their load into the landfill. This “trash” may contain green waste, recyclables and hazardous materials that must then be hand removed from the landfill and taken to a diversion site located at each landfill. Load Checkers at the “face” make random inspections to check these loads for household hazardous waste.
Related Recommendations (1)
R1:
Kern County Public Works should implement the Capital Expenditures for the diversion sites to eliminate self-haulers from dumping trash at the landfill “face”. (Findings 4, 5, 6 and 32c)
F6:
When the self-hauler is inspected by the landfill Gatekeeper, the self-hauler is directed to the diversion site set up to properly dispose of the waste, assuring that it does not become part of the landfill. The large diversion site at each landfill is a collection of several small specialty sites designed to collect and recycle specific products.
F7:
The Transfer Stations have Gatekeepers who direct the self-haulers to the designated collection sites to off load their waste. Transfer stations are important in the reduction of GHGs.
F8:
Everything deposited at the diversion sites and transfer stations are sold for profit. Year to date, these facilities have generated $1,258,304 to offset the cost of labor: a. Used tires, mattresses, old appliances, electronics, cardboards, old concrete (used for road base) and tree stumps are things that generate revenue. b. Lumber piles are chipped and sold to the Mt. Poso Cogeneration Plant as fuel. c. Large branches, leaves, grass and small yard waste are processed and sold as compost. d. Labor cost is reduced by using the Kern County’s Sheriff’s Work Release Program.
F9:
The Solid Waste Enterprise Fund is the means by which Kern County operates the Solid Waste Management System. This Fund has three main sources of revenue:
• Gate and Bin Fees: All non-residential waste is subject to a fee. Tires and construction debris, however, are classified as nonresidential waste regardless of where the waste is generated. Disposal fees are site specific due to the availability of programs at these facilities.
• Land Use Fee: All residential parcels within Kern County are charged an annual land use fee. This fee appears on property tax bills as KCSWMP Land Fee. Vacant property is not charged a land use fee. Green Waste Facility The City of Bakersfield, Department of Public Works Solid Waste & Recycling Division owns and operates the Mt. Vernon Green Waste Facility located at 2601 South Mt. Vernon Ave., Bakersfield, California. The facility was built in 1992, starting with a five acre plot and has grown to 97 acres. The site is designated for a maximum permitted throughput of 976 tons per day of generated food, green materials and wood waste. The facility accepts green waste from both metropolitan and nonmetropolitan franchise haulers. Currently, the facility processes 650 tons per day, with the capability to process an additional 326 tons per day. This facility is a low emission composting facility using both windrow and ASP (Aeration Static Piles).
F10:
The estimated replacement cost today for a facility this size would be $50 million.
F11:
The windrow process is being replaced by ASP because it uses excessive amounts of electricity and water and is labor intensive with the use of large motorized tillers, front end loaders and dump trucks to move the material. It will also reduce the footprint, thereby allowing the Bakersfield City Public Works to apply for a new land use permit to process additional green waste in the future.
Related Recommendations (2)
R3:
Bakersfield City Public Works should apply for a new Land Use permit to process additional food and green waste in the future. (Finding 11)
R9:
Employees should use company vehicles when available to minimize the use of personal vehicles and subsequent mileage reimbursement. (Finding F11)
F12:
The residential green carts that are collected by the franchise haulers may contain “dirty” material (household trash, glass, metals, and other miscellaneous items). This “dirty” material is loaded onto a sorter to remove all non-compostable materials and then transported by a conveyor belt to the ASP.
F13:
Presently, 11,000 tons per year of mixed paper is blended with green waste and made into compost.
F14:
Twenty years ago, the BCPW management, working with Dreyer’s Ice Cream, initiated a pilot program for the disposal of food waste. Today, 30 tons per day (approximately 11,000 tons per year) of food waste from Dreyer’s is successfully processed at the green waste facility.
F15:
Under the current law, food and food-soiled paper must be recycled. Another 25,000 tons of commercial litter (paper bags, soda cups, food wrappers, paper food trays) is blended with green waste for compost.
F16:
The food waste delivered to the landfills at Shafter-Wasco and Ridgecrest must first be blended with equal amounts of green waste before it is trucked to the Mt. Vernon Green Waste Facility.
F17:
The finished compost must pass stringent environmental and health standards (the removal of heavy metals, pathogens, and coliforms) with a 99.9 percent purity before it can be sold.
F18:
There is a strong market for all compost produced in the San Joaquin Valley. Unfortunately, it costs $30 per ton to produce and can only be sold for $5 per ton.
F19:
Tree stumps are accepted at Mt. Vernon for recycling. The tree stumps are loaded onto trucks and delivered to “Mulch Masters” in Delano, a contractor for Caltrans.
F20:
Waste lumber is chipped and sold to the Mt. Poso Cogeneration Plant as fuel.
Related Recommendations (1)
R8:
The General Manager should prepare updated job descriptions with qualifications and salary ranges. (Finding F20)
F21:
Treated lumber is sent to an offsite hazardous waste facility for disposal. Material Recycling Facility There are four MRFs in Kern County. Three facilities are owned by a group of franchised haulers and a non-profit, BARC. These facilities represent multi-million dollar investments by the owners and are highly automated for the separation and removal of site specific recyclable materials. The markets for recyclable materials have been slow to develop domestically and have declined drastically internationally. The MRFs are losing money for both private and non-profit:
• All KCPW haulers send their blue cart waste to one of their own facilities.
• BCPW uses both the private and BARC facilities based on the hauler’s route.
F22:
KCPW has given permission to the franchise haulers to request an annual surcharge of $20.52 over the next three years for residents using the blue carts in the universal collection areas, to offset their losses. This equates to $300,000 per year.
F23:
BCPW will not ask the Bakersfield City Council for a surcharge increase at this time.
F24:
The BARC facility does not have the same high degree of automation that private MRFs do, but with skills training, the BARC employees perform their tasks safely and efficiently:
• BARC has additional functions that are not available at the private MRFs such as tire shredding, cardboard box reuse and beverage decanting (removing spoiled or outdated liquids).
F25:
BARC charges $55 per ton for using their facility compared to $90 per ton at a private facility. BARC has an offset loss of over $100,000 per month because of closed markets, i.e. China.
F26:
KCPW and BCPW are asking for a rate increase for transportation costs to adjust for the cost of living and fuel. KCPW had asked the Kern County Board of Supervisors for a 4.7 percent increase on May 21st, 2019, and BCPW is asking the Bakersfield City Council for a 3.2 percent increase on June 5th, 2019: PRIOR PROPOSED KCPW $257.00 $270.00 per Year BCPW $207.00 $214.00 per Year
F27:
Kern County has a Solid Waste Management Advisory Committee (SWMAC) to identify solid waste issues on a countywide concern. The committee shall develop goals, policies and procedures which are consistent with the guidelines and regulations adopted by CalRecycle. Duties of SWMAC are, but not limited to:
• Review the County’s current plan for implementing solid waste management in the future.
• Determine the need for solid waste collections system, processing facilities, and marketing strategies that can serve more than one local jurisdiction within the region.
• Facilitate resolution of conflicts and inconsistencies between or among City and County source reduction and recycling elements.
• Develop goals, policies and procedures which are consistent with the guidelines and regulations adopted by CalRecycle, to guide the development of the siting elements of the countywide waste management plan. For more information on SWMAC go to: www.kerncounty.ca.gov/solid waste management advisory committee SB 1383 Timeline On December 18th, 2018 CalRecycle approved a timeline for the implementation of SB 1383.
Related Recommendations (1)
R4:
Solid Waste Management Advisory Committee should become proactive during the implementation of SB 1383, ensuring uniformity of compliance with all jurisdictions in Kern County. (Findings 27, 29, 31, 32, 33, 34 and 35)
F28:
Selected members of the KCPW and BCPW, responsible for the implementation of SB 1383, have attended training classes and joined the on-line webcast sessions provide by CalRecycle.
F29:
Currently, CalRecycle is working with statewide jurisdictions on the proposed rules and requirements (still in draft form) needed to implement SB 1383: a. CalRecycle intends to adopt these new regulations in the fall of 2019. b. KCPW will meet with CalRecycle to seek positive evaluations on all current organic programs that have been implemented within the jurisdiction and will negotiate resolutions to current organic programs as necessary. c. New regulations will not become enforceable until January 1st, 2022. This provides jurisdictions, businesses and haulers time to make budgetary and logistic decisions.
F30:
“A Countywide Jurisdiction Division/Disposal Progress Report by Cal Recycle dated 2017 documents each county jurisdiction status.” Jurisdiction Tonnage *Target (PPD) *Actual (PPD) Arvin 10,592.14 3.0 2.7 Bakersfield 316,505.46 5.4 4.5 California City 8,929.10 3.7 3.3 Delano 25,967.07 4.0 2.7 Kern (Unincorporated) 380,291.98 7.8 6.0 Maricopa 912.90 5.7 3.8 McFarland 6.939.48 2.9 2.6 Ridgecrest 29,086.48 5.5 5.6 Shafter 23,906.50 17.2 7.1 Taft 7,876.46 11.0 4.6 Tehachapi 15,157.37 9.2 6.7 Wasco 23,347.00 4.5 4.7 Total Tonnage 849,523.10 *Population Disposal (PPD) = Pounds per Person per Day.
F31:
Beginning January 1st, 2020, the State of California has a requirement of a 50 percent reduction in organic waste as compared to a statewide disposal waste at the 2014 level:
• BCPW will meet the 50 percent reduction in organic waste per state requirements.
• KCPW will not meet the 50 percent reduction in organic waste by January 1st, 2020, the data used to calculate the 2014 level for Kern County will likely be contested by CalRecycle as it includes some jurisdictionally mixed residuals from material recovery and composting facilities. The reasoning is: o The dynamic of “just put it in the trash” mentality or culture o Lack of a three cart system that serves all of Kern County o Organic and non-organic material recycling and recovery due to the downturn of the domestic and international markets o Lack of infrastructure and program cost
F32:
Unincorporated Kern County does not have sufficient infrastructure to properly handle all of the generated organic waste. The following facilities are key components in the organic strategy: a. Three bio-mass combustion units with “Air Curtain Technology” have been purchased by Kern County to burn green waste and generate electricity to operate the sorting and composting machines. The three units will consume 30,000 tons of waste per year:
• Each unit will cost $750,000 and have a payout of less than one year. The justification will be to eliminate the annual $2,500,000 fee and transportation costs.
• The first unit is being installed at the Shafter-Wasco landfill. The second unit is scheduled to be installed at Bena, and the third unit might be installed at the McFarland-Delano Transfer Station. b. KCPW intends to construct a compost facility at the Shafter-Wasco landfill. Fully constructed, the compost facility is anticipated to process 100,000 tons of inbound material per year. The facility will include a large concrete pad with short walls forming “bunker-like” structures. Material will be placed in these bunkers in ASP. Each ASP will be covered with a “Gore” cover to aid in odor, emissions VOCs (Volatile Organic Compounds) and moisture control as well as facilitating the composting process. KCPW is currently in the design and permitting phase for the Shafter-Wasco Composting Facility. KCPW will apply for a grant to CalRecycle to offset the cost for this new composting facility. c. Projected Capital Projects to facilitate diversion activities: Fiscal Year Project Name Capital Expenditure 1. 19/20 Bena Loading Docs $ 820,000 2. 19/20 Kern Valley Diversion Area Resurfacing & Grading $ 866,000 3. 19/20 Mojave Diversion Area Grading $ 395,000 4. 20/21 Bena Self Haul Facility $ 2,200,000 5. 20/22 Shafter-Wasco Composting Facility $ 23,000,000 6. 21/22 Shafter-Wasco Self-Haul Facility $ 2,200,000 Total $29,481,000
F33:
Presently, CalRecycle has not provided any assistance to local jurisdictions in defining the January 1st, 2022 enforcement and penalties phase for organic reduction and edible food recovery targets:
• KCPW has not developed a strategy for enforcement and the penalty phase as of this date.
• BCPW has prepared an agreement on a strategy for a “common sense method” for the enforcement and penalty phase to offset the “Trash Police”. A written request has been submitted to CalRecycle.
• Ordinances must be prepared for the enforcement and penalties by January 1st, 2022.
• CalRecycle has the authority to conduct an inspection at any jurisdiction, within 24 hour notice, to ensure compliance with the law.
Related Recommendations (1)
R5:
All jurisdictions should have ordinances in place by January 1st, 2022, for the enforcement and penalty phase of SB 1383. (Finding 33)
F34:
On January 1st, 2025, all jurisdictions in the County must dispose of no more than 2.7 PPD (at home and at work), to meet the 75 percent Per Capita Disposal. This corresponds to less than a half ton per resident each year: a. Education of the public and the commercial sector is a high priority by BCPW, KCPW and all city jurisdictions, private waste entities and haulers. b. Failure to achieve this state wide target may result in a visit from the “Trash Police”.
Related Recommendations (1)
R6:
All jurisdictions within Kern County should institute a program by January 1st, 2022, to educate the public so they understand and follow the requirements of the three cart system. (Finding 34a)
F35:
The cost to implement SB 1383 will be in the millions of dollars and will be passed on to the tax payers and commercial businesses. They are:
• Investment in the infrastructures to handle solid waste processing.
• Implementation of a three cart collection system throughout Kern County.
• Increase in transportation costs for the collection of solid waste. COMMENTS: The Kern County Grand Jury would like to thank The Kern County Public Works Management and Staff, Bakersfield City Public Works Management, BARC and the Metropolitan Recycling Center for their time, cooperation, information and tours provided to the Special District Committee in preparation of this report.
Related Recommendations (1)
R7:
All jurisdictions within Kern County should employ the three cart system by January 1st, 2025. (Finding 35) NOTES: • The Kern County Public Works and the Bakersfield City Public Works 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
Additional Recommendations
13
Not linked to specific findings.
R2:
The Sheriff’s Work Release Program should continue to support the Kern County Public Works with no-cost labor. (Finding 8d)
R10:
Employees should be required to submit a receipt for fuel reimbursements, and be paid by check. If petty cash is needed, accurate records should be kept. (Finding
R11:
RCWD should be self-sufficient and not dependent upon grants to supplement the operating budget. (Finding F11d) 224
R12:
RCWD should create an accurate inventory record for repair supplies i.e., clamps, pipe fittings, isolation valves, meter parts, etc. (Finding F21)
R13:
RCWD should maintain records for all metered water produced and sold, to comply with the State of California’s Electronic Annual Report database. (Findings F1, F15)
R14:
RCWD should stop the past practice of conducting “hand shake deals” for outside water sales. Outside sales should be entered into with a written contract. (Finding F14)
R15:
The bulk water hydrants should have hook-ups with meters that have the capability to incorporate with the Phase 2 automation system:
• This automation system should include a keypad system linked to the mainframe that logs the amount of water used and provides automatic billing information, eliminating the handling of cash (Finding F11i)
R16:
RCWD should develop and implement a website, providing transparency for the District. Information should include Board of Director minutes and agendas, organization chart with salaries, and yearly profit and loss summaries. (Finding
R17:
RCWD should continue to explore adequate billing systems. (Finding F22, F23)
R18:
The past General Manager’s name should be removed from the DMV registration of the RCWD replacement vehicle. (Finding F18)
R19:
Board Members of the District should abide by the Bylaws and not personally profit from RCWD contracts. (Finding F11j)
R20:
In light of the severity of this report, if the above recommendations are not met within 120 days of the release of this report, the 2018-2019 Kern County Grand Jury recommends that the RCWD be placed in receivership through the State Water Resources Control Board. (All Findings) 225 COMMENTS: The Grand Jury would like to thank the residents who provided information for this report. The Grand Jury thanks the RCWD and the Randsburg General Store for providing meeting rooms for the Committee to hold their interviews. NOTES: • The Rand Communities Water 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 226 227 228 229 230 231 TEHACHAPI-CUMMINGS COUNTY WATER DISTRICT A “State Of The Art” Water District! PURPOSE OF INQUIRY: The Special Districts Committee (Committee) of the 2018-2019 Kern County Grand Jury (Grand Jury) reviewed the Tehachapi-Cummings County Water District (TCCWD) pursuant to California Penal Code §933.5. The Grand Jury last reviewed the TCCWD in 2012-2013. PROCESS: The Committee reviewed the TCCWD’s website, Board minutes, agendas, 2017-2018 financial statements; interviewed the General Manager, Operations Manager and the Business Manager. The Committee visited the TCCWD’s Office three times, toured the facilities and attended a Board of Directors meeting. BACKGROUND AND FACTS: The TCCWD was formed on March 10, 1965, under the provisions of the County Water District Law (Water Code of the State of California §30000) to provide imported water supply, water resource management and flood control protection to the agricultural, municipal and industrial customers within the TCCWD’s boundaries. Tehachapi- Cummings County Water District is located at 22901 Banducci Road in the Tehachapi Mountains, east of the southern San Joaquin Valley, and encompasses approximately 266,000 acres. The main groundwater (native water) supply is located in three adjudicated basins which are Tehachapi, Cummings and Brite. A. The TCCWD has complete control and authority as the Watermaster over three distinct groundwater basins. B. The Board of Directors is subject to the Uniform District Election Law, is independent of the Kern County Board of Supervisors and, since its inception, has operated under the Council-Manager for Government. C. Has a five-member Board of Directors (Directors):
• Elected to a four-year staggered term by all registered voters in the five divisions within this Water District Elected Board Members must live in the division they represent o
• Responsible for the policies and decisions governing the operation of this Water District
• Meet regularly at 3:00P.M. on the third Wednesday of each month 232
• Receive a stipend of $100 per day of service up to 10 days of service per month
R15-16:
16-17 17-18 Appendix C: 213 Appendix D: 214 Appendix E: 215
Findings & Recommendations
24 findings
F1:
In order to focus on responsible environmental practices and help keep unnecessary items out of landfills, Public Works sponsors four to six community Bulky Waste Collection events monthly. Events are coordinated with an outside agency:
• For additional information on holding recycling events, agencies and organizations are encouraged to contact the Public Works – Code Enforcement Compliance Division
• April 13, 2019 collection event results: April 13, 2019 Bulky Waste Collection Event GRAND TOTALS Net Weight (Lbs.) Net Weight (Tons) Totals 107630 53.815 Landfilled 51% 54760 27.38 Traffic Count Diverted 49% 53870 26.44 530
• For additional collection events statistics (See Appendix A) Code R1, R4
Related Recommendations (2)
R4:
Concentrate on improving neighborhoods
R6:
Hold public informational meetings
F2:
Public Works has implemented the RAPID (Removing And Preventing Illegal Dumping) Response Unit, funded by a parcel tax assessment and requested by the community at public meetings:
• RAPID Response deployment is determined by the Code Enforcement Officer
• RAPID Response will pick up items that are scheduled and brought to the curbside
• RAPID Response is also triggered by a citizen caller’s complaint to Code Compliance reporting illegal dumping
• RAPID Response records, removes and appropriately disposes of the illegally dumped items: o If RAPID Response is responding to a complaint and finds additional illegal dumping, the team will also remove and appropriately dispose of the items Code R1, R4
F3:
Regulations in the Kern County Ordinance Code allows Code Compliance to cite property owners with increasing fines for second and third violations of the same code, within a one year period. Once abatement has been verified, Code Compliance will not return to the property unless a new complaint is filed. Code R1, R2, R4
F4:
Public Works has two additional Information Technologists assigned to update the main website (www.kernpublicworks.com). Code R3
F5:
There is no direct link on the Public Works website to Code Compliance. Code R3
Related Recommendations (1)
R3:
Update Citizen Portal
F6:
To access the Code Compliance Citizen Portal:
• Use the following link: https://kernpublicworks.com/building-and- development/code-compliance
• Select Code Compliance Online Code R3
F7:
The website user has the option of registering for an account or performing an anonymous search:
• The website utilizes an “out-of-the-box” program with limited capability for modification
• The Committee found it difficult to navigate the program Code R3
Related Recommendations (1)
R3:
Update Citizen Portal
F8:
The Code Compliance caseload has increased in recent years, and although staff size remains the same, they are processing over 3,500 complaints per year, with the majority closed within 90 days:
• Staff have become more effective in processing routine cases
• There are approximately 100 cases remaining that are over one year old: o These older cases are viewed quarterly to determine if an action can be taken o Many of these cases have absentee landlords, are mired in legal issues or have other mitigating factors, making them difficult to finalize o The April 29, 2019 Kern County Code Compliance Division, Open Cases by District Report does not indicate the current status of the cases Code R2
Related Recommendations (1)
R2:
Review old unresolved complaints
F9:
Staff from other departments are invited to contact Code Compliance if, in the course of their job functions, they find what may be a violation. Code Compliance does not routinely use staff from other County departments. Code R5 BACKGROUND: The Caliente Creek Watershed Prior to the land being developed for agricultural purposes, the Caliente Creek Watershed, north of Hwy 58, was a wide alluvial valley where rain water from 470 square miles of mountains, between Walker Basin and Tehachapi, spread out and was, for the most part, absorbed into the soil. Decades ago, farmers seeking to protect their land, crops and investments from flooding, built levees. The excess flow from Caliente Creek then fanned out along the eastern side of the floodplain around and through Arvin. In 1935, to protect farmland and structures around the Arvin area, the Tamarisk Dam (also known as the Tamarisk Tree Line) was built to divert floodwaters. As development progressed, more and more levees were built. The largest portion of the flood waters were diverted and channeled by the berms and levees onto county roads that then become rivers, resulting in damage of untold millions of dollars. The flood waters and sediment that flow to downstream properties, ultimately flood the community of Lamont. This creates personal and financial havoc for the families and businesses residing in the areas that flood each year. FINDINGS:
Related Recommendations (1)
R5:
Coordinate with other departments for possible code violations
• Caliente Creek Watershed (Caliente):
F10:
Agricultural berms/levees, originally built decades ago prior to Kern County and California State statues, have been allowed to remain. Caliente R2
F11:
Agricultural farms are exempt from the permit process for moving dirt within the property, i.e. preparation for planting, creating berms, etc. Caliente R2
F12:
The Irrigated Lands Regulatory Program mandates agricultural berms/levees be used to keep irrigation water on the farm acreage, so as to not leech pesticides into the water tables or to public lands. Caliente R2
F13:
Although the purpose of the mandate is not to keep floodwater off the farm or divert the water, the requirement is to protect groundwater. Caliente R2
F14:
The Public Works Department is aggressively seeking additional solutions to eliminate or minimize flooding in the Lamont area. In addition, Kern County has adopted an Emergency Response Plan for the Caliente Creek Floodplain. Caliente R9
Related Recommendations (1)
R9:
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F15:
In the event of potential flood situations, the Public Works Department is continuously assessing potential damage and the necessary County response. Crew personnel are deployed to further monitor gauges and sensors, watch and inspect areas, roads, and neighborhoods to determine the correct responses to the developing conditions. Caliente R9
Related Recommendations (1)
R9:
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F16:
Emergency situations can include damage to homes, farmland, road pavement, drainage piping and the dangerous collections of floodwaters and debris. Equipment and manpower respond to alleviate the danger to life, health and safety. This may often require regrading and the placement of K- rail barriers to control water flow. Caliente R9
Related Recommendations (2)
R1:
Address health and safety hazards often resulting in complaints
R9:
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F17:
When the conditions are deemed safe, equipment and manpower are dispatched for clean-up:
• Clear, repair and open roads
• Remove K-rails
• Move dirt, sediment and debris to the appropriate landfill
• Clear drain pipes
• During the dry seasons, preparations and additional repairs are made to help minimize the consequences of future flooding Caliente R9
Related Recommendations (1)
R9:
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F18:
In 2017, the Kern County Board of Supervisors authorized $300,000 for a feasibility study regarding the Caliente Creek Floodplain (AECOM Final Report). The study included water flow speed and routing along the floodplain, using various scenarios. Caliente R7 (See Appendix B)
Related Recommendations (1)
R7:
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F19:
The study included recommendations for the use of the purchased land near the Bena Landfill and for the additional purchase of acreage. The Department is in discussion with private land owners for the acquisition of additional land for floodplain controls and recharging the water table. Caliente R7
Related Recommendations (1)
R7:
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F20:
The purchase of the additional land for a buffer zone near the Bena Landfill allows land grading in the floodplain area which aids in slowing the floodwater flow speed. The purchase of the land has also given the County the water rights necessary for the Bena Landfill requirements. Caliente R7 (See Appendix C)
Related Recommendations (1)
R7:
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F21:
Public Works is working diligently to design and construct floodplain structures to help control or eliminate flooding in the Caliente floodplain areas:
• Grant writers are continually searching for grant monies for flood mitigation
• Applying through California Proposition 1 as funds are available: o Proposition 1, The Water Quality, Supply, and Infrastructure Improvement Act of 2014 authorizes $7.545 billion in general obligation bonds to fund ecosystems and watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection.
• Informational community meetings will be held for: o Public input o Sharing Information on the action plan o Project timeline o Status and progress of the project Caliente R7
F22:
Emergency funds through Federal Emergency Management Agency (FEMA) are only available after a disaster has been declared by the Federal Government and are not readily available. According to a Kern County Official, the notion of FEMA writing checks on site “is laughable.” Some counties may wait as long as five to six years for the disbursement of emergency funds, forcing the counties to pull the relief funds from their own budgets until FEMA reimburses the county.
F23:
The Public Works Department has utilized the Lean Six Sigma doctrine to implement improvements within Code Compliance. COMMENTS: The Committee would like to thank officials from the Kern County Public Works Department and the Code Compliance Division for the invaluable information, resources and time in the preparation of this report. The Committee recognizes the time and effort being spent in planning, developing and implementing Caliente Creek flooding solutions is a work in progress and will require multiple years for completion.
F24:
KCVSD does not have a current Policy and Procedures Manual however; they are adapting a CalVet manual for Kern County usage. COMMENTS: The Kern County Grand Jury would like to thank the Director of Kern County Veterans Service Department and the staff for the informative interview and tour of the facility.
Findings and recommendations not yet extracted.
Findings and recommendations not yet extracted.
Findings & Recommendations
23 findings
F1:
The Committee found no progress towards locating, inspecting, regulating and fining illegal “backyard breeders”.
Related Recommendations (1)
R1:
The Grand Jury recommends KCAS continue investigating ways to identify “backyard breeders”. (Finding 1)
F2:
The fee schedule is reviewed periodically and has not changed since the Ad Hoc Committeereport.
F3:
The requirement to place a license number in an advertisement for sale of animals is not within the legal authority of the County. This issue is still beingreviewedby the department.
F4:
Animal “return to owner” rates in the county shelter show a steady increase over theAd Hocreport: 2013–3.6% 2014–4.1% 2015–4.5%YTD
F5:
Euthanasia totalsreflect adecline since 2013. The numbers are: 2013---14,825 2014--- 7,037 2015--- 6,133(projected)
F6:
The current county ordinance requires a pass/fail grade for all licensed animal facilities. In order to institute a letter grade as recommended would require a county ordinance change from the Kern County Board of Supervisors.
F7:
The current website is now “user friendly” and allows an owner to easily recognizeif theiranimal is in the county facility.
F8:
The shelter currently has volunteers to monitor flyers, social media and current inventory to see if any matches may exist. The shelter has locations to post flyers for lost animals.
F9:
The quality of pictures on the website (www.co.kern.ca.us/acd/) is now determined to be adequate. The staff has received training on taking better quality pictures of animals since the Ad Hoc CommitteeReport.
F10:
The Ad Hoc Committee recommended the website to include dates of intake, adoption and reunification. The animal services office now includes the intake date on the website. 168
F11:
The surgery suite is partially constructed. The previous budget was not adequate to build and meet state standards. The funds are now available and the suite should be completedby the end of the fiscal year.
Related Recommendations (1)
R2:
The Grand Jury recommends the surgery suite be completed as soon as possible. (Finding 11) NOTES: • The Kern County Animal Services 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.co.kern.kern.ca.us/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.co.kern.ca.us/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 170 171 KERN COUNTY JUNIOR HIGH SCHOOL LUNCH PROGRAM How happy are the students with the food? PREFACE: The 2015-2016 Kern County Grand Jury (Grand Jury) chose to inquire into the quality of the food served at the 7th and 8th grade levels in Kern County. It has come to our attention through multiple sources that the food might not be to the liking of the students and much of the food is not being consumed. Our goal was to determine if this is actually the case, if the menu is not to their liking, or if there is some other reason for the dissatisfaction. PURPOSE OF INQUIRY: The Grand Jury Health, Education and Social Service Committee (Committee) pursuant to the California Penal Code §§925 and 933 authorizes the Grand Jury to investigate and report on departments throughout Kern County. The Committee chose to look at the quality of the food, the methods used in the kitchen areas and the amount of uneaten food. The Committee also investigated how the federally assisted meals program affects the local lunch programs. PROCESS: The Committee reviewed the State, County and Federal guidelines for school lunch programs, visited school sites and ate lunch with the students. The Committee met with Principals, Vice- Principals, Food Service Directors, Directors of Maintenance, Deans and Cafeteria Staff at various schools. Regulations were studied and discussed, school menus were reviewed and the Committee observed the disposal of uneaten food by the students. BACKGROUND: The National School Lunch Program (NSLP) is a federally assisted meals program operating in over 100,000 public and nonprofit private schools and residential child care institutions. In 2012 the program provided nutritionally balanced, low cost or free lunches to more than 31 million children each school day. School lunch programs are primarily funded by the NSLP. The United States Department of Agriculture (USDA) annually issues income eligibility guidelines for free and reduced priced meals. Schools throughout Kern County have meals prepared from various sources. The methods observed were:
• Central kitchens that prepare and distribute lunches to many schools each day
• Prepackaged and frozen food heated on premises
• Fresh produce delivered and inspected on sight and prepared in the kitchen
• One school visited has an onsite chef that prepares meals daily by using the supplied food and giving it his own touch to enhance the meal 172 FACTS: A. The Committee visited schools serving about 560 to 1500 students during the lunch period. B. The NSLP was established in 1945 by the Richard B. Russell National School Lunch Act and signed into law by President Harry S. Truman in 1946. It was originally established as a way of propping up food prices by absorbing the farm food surplus. C. Approximately 272 schools in Kern County participate in the NSLP. D. Richland Junior High had a unique idea implemented in 2009. They have a “share table” where unopened packaged foods are placed for students to take as they elect. This reduces the disposal of food. E. Kern County Schools are funded on a per meal basis provided they follow the nutritional guidelines of the NSLP. F. Meals come from a number of different sources. They come from on-site production, NSLP approved vendor supplied meals, or by the local school board’s centralized kitchen.
F12:
The recommendation in the Ad Hoc Committee report to add more animal control officers is not applicable to KCAS.
F13:
The KCAS currently reviews owner redemption fees on a case by case basis to determine if certain fees can be waived. There have been instances where the shelter will hold an animal for an owner until the funds to release the pet have been acquired.
F14:
According to KCAS staff, county and city shelters work relations appear to be improving.
F15:
The County Administrative Officer has offered grant writing assistance to KCAS. They have recently received two grants.
F16:
The Interim Director has insured that the current program is fair and equitable regarding foster and rescue groups.
F17:
Recommendation R17 in the Ad Hoc Committee report was not applicable to the KCAS.
F18:
According to KCAS, current staffing level of animal officers is adequate at this time.
F19:
The use of “hiding boxes” for feral cats has been resolved. KCAS use only as needed.
F20:
KCAS does not offer special benefits to animal foster homes.
F21:
KCAS is exploring the possibility of publicizing The Bakersfield Pet Food Pantry.
F22:
The practice of accepting animals outside the county jurisdiction will need to have clear,consistent policies to avoid confusion. COMMENTS: Under the Interim Director, the volunteer coordinator position has been instrumental in increasing the number of active volunteers which now exceeds 120. Volunteers at the shelter seemed to be enjoying the environment and their work with the animals. The facility was clean and bright, the feeling upon entering was welcoming. The staff appeared to beprofessional,enthusiastic, and engaged with their duties. The Grand Jury discovered in the past 10 years there have been approximately 14 Directors or Interim Directors managing the county shelters. The current Interim Director gave us a very comprehensive overview of their services and the Committee was impressed with his knowledge and enthusiasm. After the closing of the inquiry, the Interim Director was named permanent Director.
F32:
I. The following statistics for 2014 were provided by the Director:
Additional Recommendations
3
Not linked to specific findings.
R3:
More schools should implement and/or expand their salad/fruit bars. (Finding F5)
R4:
Schools should examine the loud sound levels in the cafeterias to see if there are methods available to improve the acoustics. (Finding F12)
R5:
Schools should create a questionnaire or add a suggestion box for the students to express their opinion of the food service program. (Finding F14) ` NOTES: • The following school districts should post a copy of this report where it will be available for public review:
• Bakersfield City School District
• Fruitvale School District
• Lakeside School District
• Panama-Buena Vista School District
• Richland School District
• Standard School District • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS 175 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 176 MIRIAM JAMISON CHILDREN’S CENTER PREFACE: The 2015-2016 Kern County Grand Jury Health, Education and Social Service Committee (HESS) visited The Miriam Jamison Children’s Center (Center) at 1010 Shalimar Drive, Bakersfield, CA 93306 pursuant to the California Penal Code §925 and §933 authorizing The Grand Jury to investigate and report on various departments throughout Kern County. . PURPOSE OF INQUIRY: After reviewing previous reports, HESS visited the Center to determine if previous recommendations were implemented. PROCESS: HESS reviewed the previous 2013-2014 Kern County Grand Jury report pertaining to the Center. The Program Director (Director) gave us a tour of thefacility. HESSviewed the 10 minute introductory video the children see upon admission, then conducted an interview with the Director. Additional research included newspaper articles and the Center’s website. FACTS: A. The Center is operated by Kern County Department of Human Services, 24 hours a day and 7 days a week.It is licensed for 56 beds. It is one of only 9 facilities of this type in the State of California. B. Vision Statement of the Center is "To provide children who need emergency shelter and protection a safe, warm and nurturing environment." C. The Mission Statement is “Provide the abused, neglected, and abandoned children of Kern County a temporary, safe haven where theirneeds can be met.” D. The Kern County Superintendent of School provides education to the children at the Center. They currently havetwo teachers with instructional staff. E. The Center tries to place 0-5 year old children within 12 hours. F. Children 6 -17 are placed in foster care or returned to guardians within 30 days when possible.The average stay is fivedays. G. Those admitted up to age 17 with their infant are allowed to be housed with the baby until proper placement is located. H. The Center is licensed for 56 children. On the day of the visit the occupancy was 32. I. The following statistics for 2014 were provided by the Director: 1. Children admitted ages • 0–5 701 • 6–12 409 • 13–17 368 Total admitted 1,478 2. Destination of children released from the Center: • 15% returned home • 6% placed with relatives • 20% placed in foster homes • 3% placed in group homes • 48% to emergency foster homes • 8% other: Juvenile hall, hospitals
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.