Kern County 2020-2021 - California Grand Jury Reports

February 02, 2021 — Report: Kern County Sheriffs Office Property & Evidence Facility

25 pages 13 findings 12 recommendations

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 The basement system is outdated and appears inoperable.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.

January 06, 2021 — White Paper: Kern County Homelessness and The Impact On Our Community

18 pages 18 findings

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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.

October 08, 2020 — Final Report Committee Jerry Troxel Dwayne Ardis Donalda Biscar Chairperson Pro Tem Recording Secretary Mission*

1 pages

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Findings and recommendations not yet extracted.

September 24, 2020 — AD HOC Committees Jerry Troxel Dwayne Ardis Foreperson Pro Tem

10 pages 6 findings 6 recommendations

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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

September 24, 2020 — Cities and Joint Powers Committee Robert Carlson Brad Aguilu Dwayne Ardis (Chairperson) Mission Statement Pursuant to

30 pages 9 findings 9 recommendations

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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)

September 24, 2020 — Health, Education and Social Services Committee Gary Chaffin Earlene Hightower DonnaNewman Latricia McConnell

24 pages 5 findings 6 recommendations

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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.

September 24, 2020 — Special Districts Committee Mike Elliott Ellen French Pete Krebsbach Chairperson Mission Statement The Special

56 pages 20 findings 13 recommendations

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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)

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)

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.

Edit & Final Report Committee Amelia Rivera

1 pages

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Findings and recommendations not yet extracted.

Health, Education and Social Services Committee Linda Benton Rafanan, Gayle Gentile-Royal Verlaine (Lyn) Schneider

64 pages 12 findings 5 recommendations

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Findings & Recommendations 12 findings

F1: Charters are granted for a term of three to five years and may be terminated at any time if a school is not meeting the terms of the Charter contract. The Charter schools are accountable for all statewide academic standards and fiscal practices.

F2: Grimmway Academy has its own District and Superintendent.

Related Recommendations (1)

R1: Delano and Arvin School Districts should consider starting an edible garden by the beginning of the 2019-2020 school year. (Finding 2)

F3: Grimmway Academy has a NO Sugar Policy and serves protein at each meal along with fresh fruits and vegetables. Students help plant, care for and harvest crops of fruit and vegetables from the “Living Edible Garden.” Most of that food is used in the schools “café” for school meals and the excess is sold.

F4: FEMA guidelines recommend all schools have at least one Automated External Defibrillator (AED) per campus. The Committee found that not all schools are equipped with AEDs.

Related Recommendations (1)

R2: All Schools should have at least one AED at each school site. Funding for the AEDs could be raised by the Parent/Teacher Association (PTA). (Finding 4)

F5: Grimmway Academy has four AEDs with several staff trained to operate them, all on one school site.

F6: Most Charter schools have extended hours, limited class size and hands-on learning.

F7: Arvin’s public schools are rated below average in all grades.

F8: Arvin and Delano schools serve food modeled after the California School Nutritionist Recommendations. The meals served are high in sugar, processed food and lacking in nutrients such as protein.

F9: Arvin and Delano Districts follow the minimum Emergency Protocols recommended by Marin County, which is a modification of FEMA guidelines. However, Delano does have two AEDs at each school.

Related Recommendations (1)

R3: The cafeterias should provide meals more nutritious in proteins and complete carbohydrates (fresh fruits and vegetables). (Finding 9)

F10: Arvin Union School District (AUSD) is lacking AEDs in all elementary and high schools. Only the two middle schools have AEDs.

Related Recommendations (1)

R4: Arvin and Delano School Districts should update Emergency Policy/Protocol providing for up-to-date emergency issues by the beginning of 2019-2020 school year. (Findings 10 and 11)

F11: According to the California Department of Education, AUSD had raised Annual Yearly Performance (AYP) levels in the 2008-2009 and 2009-2010 school years. The Committee did not find information for subsequent years.

F12: According to the California Department of Education, LEP students continue to have low performance in English Language Fluency after elementary grades. COMMENTS: The Grand Jury would like to thank Nueva Vista Language Academy, Del Vista Math and Science Academy, Morningside Elementary and the Superintendent of Delano School District, as well as, Bear Mountain, and Grimmway Academy in Arvin for the co- operation, information and tours given.

Special Districts Committee Jerry Troxel, Gary Chaffin Pete Krebsbach Donna Schaffel Chairperson Mission Statement

60 pages 35 findings 21 recommendations

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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

Administration, Audit and County Services Committee Linda Casey Amelia (Millie) Rivera, Chairperson Donalda Biscar

32 pages 24 findings 8 recommendations

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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

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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

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)

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.

Cities and Joint Powers Committee Enrique Vicuna, Chairperson Bonnie Lyday Dwayne Ardis Mission Statement Pursuant to

93 pages 23 findings 6 recommendations

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Findings & Recommendations 23 findings

F1: On July 31, 2018, Arvin received a Single Audit Financial Report for Fiscal Year End (FYE) June 30, 2017, which reported a cash shortfall of approximately $1,800,000. The audit also stated:  The Finance Department operated for many years with limited accounting staff and insufficient government accounting experience  Significant turnover resulted in a lack of segregation of duties  There were inadequate thorough reviews, analysis and reconciliation of financial statements

Related Recommendations (1)

R1: Arvin should continue monitoring and updating their financial information and budgets monthly in order to address and correct budget shortfalls. (Findings 1 through 6)

F2: In late 2017, Arvin hired a new Finance Director with 20 years experience in the private sector and 13 years in the public sector.

F3: After completing an analysis of the $1,800,000 deficit, Arvin’s new Finance Director determined that the deficit was actually between $800,000 and $1,000,000. It was concluded there were accounting irregularities, including duplicate debit entries and errors in general ledger postings. The Finance Director stated that Arvin is in the process of reducing the deficit.

Related Recommendations (1)

R1: Arvin should continue monitoring and updating their financial information and budgets monthly in order to address and correct budget shortfalls. (Findings 1 through 6)

F4: Since FYE 2017, the following factors have helped correct the deficit:  10% increase in general sales tax revenue  20% increase in revenue from Measure L (1% city sales tax)  Reduction of staff and operating expenses

F5: The FYE June 30, 2017 audit revealed that Arvin’s Proprietary Funds, i.e. Traffic Impact Fees, Special Revenue Fund and Sanitation Enterprise Fund, were used to subsidize the cash needs of the General Fund.

Related Recommendations (1)

R1: Arvin should continue monitoring and updating their financial information and budgets monthly in order to address and correct budget shortfalls. (Findings 1 through 6)

F6: City Officials are monitoring the 2018-2019 budget monthly to address any shortfalls and make adjustments for the remaining fiscal year. The Budget Report dated March 19, 2019 reflects General Fund revenue at 59.2% with General Fund expenses of 63.2%.

Related Recommendations (1)

R1: Arvin should continue monitoring and updating their financial information and budgets monthly in order to address and correct budget shortfalls. (Findings 1 through 6)

F7: In 2015, Arvin received a $570,000 Caltrans Grant for specific road improvements. However, Arvin misdirected the funds and made improvements on non-specified roads. Caltrans has since sued Arvin to recover the grant funds. As of April 11, 2019, negotiations are in the process of settling the suit. In order to complete the Caltrans specified road improvements, Arvin enlisted Kern Council of Governments (KCOG) assistance in finding alternate sources of funding.

Related Recommendations (1)

R2: Arvin should continue working with KCOG to complete the Caltrans specified road improvements. (Finding 7)

F8: For the past decade, Arvin has had five City Managers, the longest serving three years and three months.

F9: The current City Manager served three years as Arvin’s Chief of Police.

Related Recommendations (1)

R4: The Grand Jury recommends the Bakersfield City Council initiate steps to ensure full disclosure on future tax measures by providing detailed information on how funds are to be spent. (Finding 9) 57 NOTES: • The Bakersfield City Council 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 58

F10: In March 2019, Arvin hired a new Chief of Police with approximately 30 years law enforcement experience.

F11: Arvin reported 14 homicides from 2014 through 2018, with six occurring in 2017. However, overall crime decreased 30.2%.

Related Recommendations (1)

R3: Arvin should continue to improve public safety. They should also consider starting a Secret Witness Program to encourage residents to “say something if they see something.” (Findings 11 and 12) NOTES: • The City of Arvin 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

F12: City Officials state that Arvin residents are fearful to come forward and report violent crime. Officials are confident new police strategies and community involvement will improve public safety:  “Coffee with a Cop” meetings  Forming a community crime prevention awareness group consisting of churches, schools and businesses  Joint effort with Kern County Sheriff’s Gang Suppression Unit

F13: Arvin is in the process of forming a Housing Advisory Committee that will play a key role in developing and advising the City Council regarding policies that will facilitate the implementation of various housing programs. COMMENTS: The 2018-2019 Grand Jury would like to thank Arvin City Officials for their cooperation and assistance in providing needed information. The Grand Jury recognizes the progress Arvin is making towards correcting the financial condition of their city.

F14: The chart below illustrates the stopping distance at various speeds.

F15: Computerized Traffic Controllers (CTC) regulate the traffic lights at 427 intersections throughout the City of Bakersfield. 358 intersections are directly connected to the Traffic Operations Center (TOC). From either the TOC or the CTC, Traffic Operations Technicians have the ability to change traffic light timing intervals. Any maintenance done to the CTC is recorded in a logbook left inside the CTC cabinet.

F16: CTC detect cars at an intersection by either ground loop sensors or cameras that operate like a motion detector. Special sensors can also detect approaching emergency vehicles and turns the traffic light to green for them.

F17: CTC cabinet doors are locked but are not equipped with open door alarms to indicate when a cabinet door has been opened. 64

F18: Only two Traffic Operations Technicians are trained to modify traffic light time duration. Other Traffic Operations Technicians and their Supervisor do not have this training.

Related Recommendations (1)

R5: The Traffic Operations Supervisor should be trained to adjust traffic signal timing. (Finding 18)

F19: In addition, malfunctioning traffic lights may be reported via the City of Bakersfield web site. The app is free to download for both Apple and Android platforms by searching for “Bakersfield Mobile” in the respective app store:  Android: https://goo.gl/WCgaFw  iOS: https://goo.gl/zDZuuS COMMENTS: The Committee would like to thank the City of Bakersfield, the Bakersfield Police Department Traffic Division, Red Light Photo Enforcement and the Bakersfield City Public Works Department for their information and assistance.

Related Recommendations (1)

R6: The City of Bakersfield should advertise the Bakersfield Mobile app more frequently to keep the public informed and to help ensure traffic lights are repaired as quickly as possible. (Finding 19) 65 NOTES: • The City of Bakersfield should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITH 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 66

F20: There are six solar powered surveillance cameras throughout the city and can be relocated to different areas.

F21: The city’s computer programs and hardware are updated on a regular basis. The city has connected fiber optics to their servers in order to increase the speed of data transfers. Outdated computers are scheduled for replacement.

F22: On February 25, 2019, a review of Wasco’s website revealed that the City Council Agenda and Minutes had not been updated since October 2018. In addition, the Finance Department has not updated financial statement information. Furthermore, the Community Development Department’s last meeting minutes were for October 2017.

F23: The Safe Sidewalk Vending Act (SB946) went into effect on January 1, 2019. Under SB946 sidewalk vendors may not be prohibited, although local authorities will be able to establish regulations on sidewalk vendors to protect valid health, safety and welfare concerns. Wasco City Officials are anticipating this may negatively affect Wasco due to public health concerns, loss of sales tax revenue and retail business to “brick and mortar” stores:  On January 22, 2019, Wasco City Officials passed Ordinance #19- 700 to regulate street vendors. COMMENTS: The Committee wishes to thank the Staff of the City of Wasco for their information and willingness to assist with this report.

Administration, Audit and County Services Committee Richard McCreedy Brad Aguilu, Chairperson

39 pages 21 findings 4 recommendations

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Findings & Recommendations 21 findings

F1: The Kern County Sheriff’s Office (KCSO) conducts their helicopter operations at the southern end of BFL. There is no other helicopter service available.

F2: A Civil Air Patrol unit, the Bakersfield Composite Squadron 121, is stationed at BFL.

F3: The upgrade of the BFL runways consists of new LED lighting, installation of new signage, new water drainage system, and lengthening the runway by 3,150 LF.

Related Recommendations (1)

R1: The Kern County Department of Airports should continue to plan improvements as needed for BFL. (Finding 3)

F4: Kern County has six additional airports that are under the direction of the Airports Director.  Taft (L17)  Wasco (L19)  Lost Hills (L84)  Elk Hills/Buttonwillow (L62)  Poso/Famoso (L73)  Kern Valley (L05) These are Visual Flight Rules (VFR) airfields, where individual pilot air traffic is the control. The heliport (CL61) at Kern Medical Center is also a Kern County entity.

F5: Taft, Wasco, and Lost Hills County Airports have long term leases, which provide revenue for the Kern County Department of Airports into the Airport Department Enterprise Fund. The Elk Hills/Buttonwillow air strip is used by the Bakersfield Airplane Remote Control Society on a temporary agreement. A rally of remote controlled miniature aircraft was held on October 7, 2017. Poso/Famoso Airport is used for agriculture related flights using VFR. Prior to crop dusting operations at Poso/Famoso airport, permission is required from the Airport Chief of Operations.

Related Recommendations (1)

R2: The Kern County Department of Airports should make plans to upgrade the other six airports, with particular attention to Lost Hills, Wasco, Taft and Elk Hills/Buttonwillow. (Finding 5)

F6: The Kern Valley Airport is leased by the Kern County Department of Airports, from the U. S. Forest Service.

F7: The old Meadows Field terminal is now vacant, and is not being used.

F8: In the event international flights are diverted to BFL, there is an isolated area for customs processing.

F9: The Kern County Fire Department operates Station 62 at BFL.

F10: Most Bakersfield air passengers commute to the Los Angeles International Airport via ground transportation.

F11: KCSO’s helicopter flights are controlled by FAA flight controllers.

F12: Un-manned Aircraft Systems (UAS), defined as drones, of a certain weight (0.55 pounds to 55 pounds), need to be registered with the FAA.  The registration of UAS is controlled by the FAA, under Flight Rule #41, which states that UASs under 0.55 pounds do not need to be registered.

F13: There are on-going discussions for resuming the Houston, Texas flights with the airlines that currently service BFL.

F14: Day-to-day management of the Wasco Airport is provided by an agriculture crop spraying service.

F15: BFL is one of two San Joaquin Valley’s international airports.

F16: Bakersfield is a convenient, centrally located transportation hub, with airline flights and railway connections to parts of California and the rest of the nation.

F17: The west side of Taft Airport is leased by Skydive Taft, and they are responsible for the maintenance of vegetation around the tarmacs and runways; new maintenance equipment is needed. Contact was not made by the Committee with California Petroleum Services, the leasee on the east side of the runway.

Related Recommendations (1)

R3: The Kern County Department of Airports should have a budget line item that provides equipment to maintain the vegetation around the County airports’ runways and tarmacs. (Finding 17)

F18: The Taft Airport runway is configured in a southwest to northeast direction. All aircraft must land and take off using the northeast corridor to protect the City of Taft.

F19: Skydive Taft coordinates maneuvers with the United States Army and the Swiss National Army, to perform night parachute drops around the Taft area, because of the similarities to foreign deserts. Skydive Taft offers therapeutic jumps for veterans suffering from PTSD.

F20: The purchase of an additional 2.97 acres, for approximately $162,000, is needed at the Kern Valley Airport. This purchase will provide a buffer area for a potential taxiway modification project.

F21: While researching information for this report, the Kern County Department of Airports’ website only provided information for Meadows Field. There was no information found on the County website pertaining to any of the other six County airports. COMMENTS: The Committee believes that the Airports Director of Kern County is making great strides in developing an airport that will be a huge benefit to the City of Bakersfield and Kern County for the future. The Committee thanks the Airports Director and the Airports Chief Operations Officer for their time and expertise during the inspection of the new runway construction zones.

Related Recommendations (1)

R4: The Kern County Department of Airports should ensure that their website contains current information pertaining to all County airports. (Finding 21) NOTES:  Kern County Board of Supervisors and the Kern County Department of Airports, should post a copy of this report where it will be available for public view at all seven Kern County Department of Airports locations.  Persons wishing to receive an e-mail notification of newly released reports may sign up at www.kerncounty.com/grandjury  Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website, www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD CA, 93301 25 KERN COUNTY EMPLOYEE RETIREMENT ASSOCIATION Working on the Future for Kern County Retirees PREFACE: Kern County Employee Retirement Association (KCERA) is the Kern County public employee retirement system. KCERA was established on January 1, 1945, by the Kern County Board of Supervisors. The purpose of KCERA is to provide benefits for retirement, disability, death, beneficiary, cost-of-living, and supplemental retirement to the employees of Kern County, and participating Kern County special districts. PURPOSE OF INQUIRY: The 2017-2018 Kern County Grand Jury (Grand Jury) Administration, Audit, and County Services Committee (Committee) inquired into the operation and management of KCERA, pursuant to California Penal Code §933.6. PROCESS: The Committee searched the internet, newspaper articles, and reviewed KCERA’s publications:  KCERA Board of Retirement By-laws and Regulations  KCERA 2015 – 2016 Financials and audit reports  New Employee Guide to Retirement Benefits  Retirement Benefits Handbook  Rules of Procedure for Disability Retirement The Committee attended a KCERA Board of Retirement Meeting, an Investment Committee Meeting, and interviewed the Executive Director and staff. All interviews and meetings were at the KCERA office, 11125 River Run Boulevard, Bakersfield, California. BACKGROUND AND FACTS: According to KCERA website: “KCERA’s mission is to prudently administer retirement benefits, invest the assets of the Association, and provide quality membership services to eligible public employees, retirees and their beneficiaries.” Using professional consultants, KCERA manages $4 billion of funded assets, with current liabilities of $5.8 billion. KCERA is a defined benefit pension plan (Plan). As a Plan, KCERA provides its vested members with a lifetime retirement benefit, i.e., pensions. Retirement benefits are formulated using the members total years of retirement service credit, age at retirement, and final average compensation. A. The Plan is administered by the KCERA Board of Retirement (Board), which consist of nine members and two alternate non-voting members. Five members constitute a quorum. Members of the Board include:  1 – Kern County Treasurer-Tax Collector (mandatory)  4 – Appointed by the Kern County Board of Supervisors  4 – Elected by the KCERA members to a three year term; 2 General o 1 Safety o 1 Retired o  2 – Alternates, also elected by the KCERA members to a three year term 1 Safety o 1 Retired o B. The Board also holds separate meetings for its Administrative, Finance and Investment Committees, each consisting of four members. KCERA’S committees were formed to assist in the efficient administration, by making recommendations to the Board for approval, and are held on an as-needed basis. C. Elections are conducted by the Kern County Auditor-Controller’s Office:  Appointments to the Board may be made “in lieu of an election” if the candidate runs unopposed  Ballots are mailed to the member’s last known address, no later than 15 days prior to the election  Each member votes for the nominee in the category in which they participate, i.e. general members can only vote for the general seat nominee, etc.  Ballots can be returned via mail or dropped off at the Kern County Elections Office  Information for elections is available via the member portal and the KCERA website D. The regular meeting of the Board is on the second Wednesday of each month. In accordance with the Brown Act, notices of meetings are published and posted through various methods:  On the KCERA website (www.kcera.org)  Outside the KCERA office entrance  In print in the KCERA meeting room 28 E. The Board is governed by the County Employees’ Retirement Law of 1937, and subject to the requirements of the Public Employees’ Pension Reform Act of 2013. KCERA is considered a “Governmental Plan,” as defined in Section 414(d) of the Internal Revenue Code. F. The day-to-day operation of KCERA is carried out by the Executive Director who, with staff, manage the following areas:  Administration  Retirement Services  Financial Services  Information Technology  Communications G. There are 15 agencies (Plan sponsors) currently enrolled in KCERA:  County of Kern  Berrenda Mesa Water District  Buttonwillow Recreation and Park District  East Kern Cemetery District  Inyokern Community Services District  Kern County Hospital Authority  Kern County Superior Court  Kern County Water Agency  Kern Mosquito and Vector Control District  North of the River Sanitation District  San Joaquin Valley Air Pollution Control District  Shafter Recreation and Park District  West Side Cemetery District  West Side Mosquito and Vector Control District  West Side Recreation and Park District H. There are three types of members in KCERA:  Active (General and Safety)  Retired  Deferred (ended employment with less than five years of retirement service credits) I. There are approximately 17,350 members of KCERA.  8,635 Active (General – 6,795, Safety – 1,840)  7,824 Retired  892 Deferred J. Contributions to KCERA come from three sources:  KCERA members (from pre-tax earnings)  The employer  Investment funds earnings 29 K. Employees of the County of Kern and Plan sponsors have mandatory participation in KCERA. Employees are enrolled into the Plan on the first day of the next pay period, following their entrance into eligible service. L. Employees are required to complete a Member Sworn Statement, to validate membership. This statement is used to calculate the contribution rate, retirement benefits, and to designate the beneficiary. M. There are exclusions from membership in KCERA:  Extra help employees  Temporary help employees  Workers who work less than 50% of full standard hours  Fixed rate compensated employees  Written contracted employees N. New employees over the age of 60 may, in writing, waive membership in KCERA. This waiver, when signed and filed, is irrevocable and the employee is not able to join the Plan at any time thereafter. O. Members are vested in the Plan after five years of retirement service credit. Vesting entitles the member to receive a pension, after all eligibility requirements have been fulfilled. P. Members, both active and deferred, receive an annual benefit statement of account for their review. This statement includes:  Date of birth  Service years  Retirement entry date  Designated beneficiary  Contribution balances  Estimated retirement benefit Q. As of May 2017, a member’s Plan information can be accessed directly through the KCERA Member’s Portal. R. Withdrawal from KCERA can be made upon termination of employment with the Plan sponsor, using the Disposition of Retirement Contribution Instructions form. The member can designate from the following dispositions:  Refund: funds dispersed directly to the member with applicable taxes withheld  Traditional IRA rollover: with tax deferred funds to a bank or qualified defined contribution plan  Roth IRA rollover: eligible funds to a bank or qualified defined contribution plan with applicable taxes withheld 30  Retirement funds to remain on deposit with KCERA, if less than five years of retirement credit  Deferred Retirement: elects to leave funds in KCERA and to defer retirement to a later date  Reciprocal Election: leaving funds with KCERA, if terminating with Plan sponsor and will become a member of a reciprocating sponsor with 180 days S. Seven qualifying benefit tiers are in place for Plan sponsor employees. T. Six retirement options are available for selection for retirees and/or beneficiaries. The final selection is irrevocable, after the first payment is issued. U. KCERA’s monthly benefit payouts total $29 million. V. Disability benefits may be applied for, if a worker becomes disabled and permanently unable to perform their usual job duties. KCERA requires proof of disability, supported with medical reports. The employee may be required to undergo an independent medical examination with a physician of KCERA’s choosing. KCERA can also require that the former employee be examined at any time until age 55, to determine eligibility of continuation of disability. W. Employer policy could require transferring, reassignment, or job modification as an option for the employee, due to a disability. Wage compensation is to be equal to the position from which the employee is transferred, reassigned, or modified. KCERA must have a completed Disability Retirement Application on file, and must have accepted the application before this can be a considered option. X. Service connected disability benefit is no less than 50% of the employee’s final average monthly compensation. There is no minimum service requirement for service connected disabilities, and in most cases, the benefits granted may not be subject to Federal and State income taxes. Y. Death benefits are assigned to the designated beneficiary of active and/or retired KCERA members. Members must have on file, a completed Beneficiary Designation form, listing the primary and any secondary beneficiaries. Provision is made for a separate one-time lump sum death benefit of $5,000, for designated primary and/or secondary beneficiary. Provisions can also be made for minors or special needs adults for primary and/or secondary beneficiary.

Edit and Final Report Committee Brad Aguilu Mike Elliott

2 pages

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Findings and recommendations not yet extracted.

Special Districts Committee Loretta Avery Tom Pasek, Chairperson Marilyn Nienke Donna Schaffel Mission Statement Penal

88 pages 27 findings 11 recommendations

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Findings & Recommendations 27 findings

F1: Division lines are redrawn every ten years based on population shifts, as reported through the United States Census. Portions of Divisions 1 and 2 are located within Kern County.

F2: AVEK purchases water from the SWP and stores it in four water banks. Water is then pumped from the aquifers and sold to their customers. (See Attachment D)

Related Recommendations (1)

R8: The Grand Jury recommends that the Kern County Board of Supervisors change the Commissioners’ residence requirements to include representation from the City of Shafter (when the District expands its boundaries) keeping it in compliance with California Streets and Highways Code §8130.1. (Findings 2 and 3)

F3: Water is classified as either “untreated” (suitable for agricultural irrigation purposes only), or “treated” (ready for human consumption).

F4: All customers receiving treated or untreated water pay predetermined rates. 272

F5: A special adjudication program was established to settle all disputes over water rights. The Adjudication Area Watermaster Engineer (Watermaster) is charged with the responsibility of determining equitable sales and distribution of all water in the water banks. This includes water that has been purchased from SWP, as well as natural runoff that has accumulated in the aquifers, and may be recognized as belonging to owners of established water rights. (See Attachment C)

F6: The Watermaster measures subterranean water levels and strives to keep those levels as high as possible to protect against dry years.

F7: Water rights owned by persons or municipalities are tracked by the Watermaster to assure proper charges are assessed.

F8: AVEK receives revenue from two sources:  A pro rata amount of the 1% property tax levy  Water sales

F9: AVEK maintains 145 miles of “transmission pipeline” to move water from the SWP’s Edmonston Pumping Plant to the Division’s aquifers. From there, the water goes to one of four treatment plants before it is delivered to the water companies, distributed through more than 100 miles of pipeline. Agricultural customers get their (untreated) water directly from the transmission pipeline. (See Attachment A)

F10: AVEK Board Members are compensated $225.44 per meeting plus expenses, for up to six meetings per month. (California Water Code §20202 sets the Board compensation rate of $100 per meeting, with an allowance for increases of up to 5% per year, commencing with the establishment of the water agency.)

Related Recommendations (1)

R1: The Grand Jury recommends that Antelope Valley-East Kern Water Agency consider placing a limit on Board stipends. (Finding 10)

F11: AVEK has an A-1 credit rating from Moody’s Investor Services. This reflects a very strong fiscal condition as shown in their audited financial statements. (See Attachments F through I)

F12: AVEK’s budget is not allocated by Division. All operational and maintenance costs are absorbed by AVEK and not charged to a specific Division. Consequently, all Divisions are funded equal to their needs.

F13: To assure uninterrupted treated water supplies, the paths of pipelines are inspected daily.

F14: AVEK owns and operates four water treatment facilities:  Quartz Hill Water Treatment Plant  The Eastside Treatment Plant  Acton Water Treatment Plant  Rosamond Water Treatment Plant (southeastern Kern County) 273 The 14 million gallons per day (mgd) Rosamond Water Treatment o Plant was established to support the needs of customers, that include Rosamond, Mojave, California City, Edwards Air Force Base, and Boron Rosamond Water Treatment Plant is capable of providing water for o 60,000 people

Related Recommendations (2)

R9: The Grand Jury recommends that the District take steps to assure compliance with California Government Code §4526, regulating the method of accepting and reviewing sealed bids. (Findings 14, 15, 16, 17, 18, 21, 22, and 23)

R11: The Grand Jury recommends that the Kern County Board of Supervisors establish procedures to monitor appointed boards and commissions to assure that Districts adhere to all State and County regulations, ordinances and administrative polices. (Findings 14, 15, 16, 17, 18, 21, 23, 24, and 25) NOTES: • The Kern County Board of Supervisors and the Greater Bakersfield Separation of Grade District should each post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

F15: The AVEK website only has the agenda for the next Board Meeting.

Related Recommendations (1)

R2: The Grand Jury recommends that prior Board Agendas be made available on the website, to provide greater transparency to the public. (Finding 15)

F16: The AVEK website does not provide minutes from Board Meetings.

Related Recommendations (1)

R3: The Grand Jury recommends that Board Minutes be posted on the website and on the front door to the office, to provide greater transparency to the public. (Finding 16) NOTES: • The Antelope Valley East-Kern Water Agency should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 FOREPERSON WEST TEMPLE STREET, SUITE 13-303, LOS ANGELES, CA 90012 SOUTH VICTORIA AVENUE VENTURA, CA 93009 275 Attachment A: State Water Project Source: California Department of Water Resources 276 Attachment B: AVEK Division Map Source: Antelope Valley-East Kern Water Agency 277 Attachment C: Adjudication Area Source: Antelope Valley-East Kern Water Agency 278 Attachment D: Aquifers Source: United States Geological Survey 279 Attachment E: Water Banks Source: Antelope Valley-East Kern Water Agency 280 Attachment F: Financial Statements Source: Antelope Valley-East Kern Water Agency 281 Attachment G: Financial Statements Source: Antelope Valley-East Kern Water Agency 282 Attachment H: Financial Statements Source: Antelope Valley-East Kern Water Agency 283 Attachment I: Financial Statements Source: Antelope Valley-East Kern Water Agency 284

F17: The Board meets each month, on the second and fourth Tuesdays at 6:30pm, at 6500 West Avenue N, Palmdale, California. COMMENTS: The Committee would like to thank the Board President, Secretary-Treasurer, and the water plant operator for their cooperation and informative tour. AVEK appears to be well run.

F18: The District does not have a written agreement or contract with their legal counsel.

F19: The agendas are prepared, and minutes are taken and transcribed by legal counsel at $245 per hour.

Related Recommendations (3)

R4: In order to reduce cost to the District, the Grand Jury recommends that the Commissioners prepare all meeting agendas. (Finding 19)

R5: In order to reduce cost to the District, the Grand Jury recommends that the Commissioners take and prepare all meeting minutes. (Finding 19)

R6: In order to reduce cost to the District, the Grand Jury recommends that the legal counsel only be required to attend meetings, at which legal matters are on the agenda. (Findings 19 and 20)

F20: The legal counsel attends all Commission meetings, even when legal matters are not on the agenda.

F21: Kern County Administrative Policy and Procedures Manual require special districts solicit competitive sealed bids for engineering and professional services exceeding $100,000.

F22: All management responsibility has been delegated to the engineering firm by the Board of Commissioners.

Related Recommendations (1)

R10: The Grand Jury recommends that management responsibility revert from the engineering firm, and be resumed by the Board of Commissioners. (Finding 22)

F23: Services from the engineering firm exceeded $106,000 in 2015.

F24: Engineering and management services performed by the engineering firm exceeded $222,000 in 2016.

F25: The District does not have written bylaws, or a Policies and Procedures Manual, as required by California Government Code §4526.

Related Recommendations (1)

R7: The Grand Jury recommends that the District adopt a comprehensive set of bylaws and written policies, to bring the District into compliance with California Government Code §4526. (Finding 25)

F26: The District currently has one pump for the water treatment plant. The Facilities Manager would like to have a second pump, to prevent overload and to provide backup in case of failure.

F27: The District is a member of the California Special Districts Association and the California Rural Water Association. COMMENTS: The Special Districts Committee thanks the Office Manager and the Facilities Manager for sharing their time, knowledge, expertise, and for the comprehensive information provided.

Health, Education, and Social Services Committee Ray Grissom, Chairperson

54 pages 10 findings 6 recommendations

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Findings & Recommendations 10 findings

F1: There are more children in need of Foster Care, than available Resource Families.

F2: Currently, the approval process for Resource Family applicants can take up to 135 days.

Related Recommendations (1)

R1: The Grand Jury recommends that Kern County Department of Human Services, Child Welfare Services should continue to strive for the Resource Family Approval goal of 90 days. (Finding 2)

F3: Public awareness of the Dream Center’s function and needs, are not well known.

Related Recommendations (1)

R2: The Grand Jury recommends that The Dream Center staff seek opportunities to promote this great program and raise public awareness. (Finding 3) NOTES: • The Kern County Board of Supervisors, Kern County Department of Human Services, and Kern County Superintendent of Schools should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 169

F4: The Dream Center appears well run and spacious enough to be functional for years. COMMENTS: The Committee would like to thank the Kern County Department of Human Services, Child Welfare Services, and The Dream Center for their time, cooperation, and information provided. The Committee would also like to thank The Dream Center staff for the tour.

F5: It was reported to the Committee that as soon as violations are corrected,specialists, understanding the financial burden, work as rapidly as possible to get the facility re-opened.

F6: Un-permitted food operation enforcement costs are not covered by the fee schedule.

Related Recommendations (2)

R3: The Grand Jury recommends the Kern County Public Health Services Department, Environmental Health Division implement a procedure prior to the next budget year that would support compliance with CRFC §114393 (See Appendix C). This procedure will protect the citizens of Kern County by impounding un-permitted equipment. In order to retrieve the impounded equipment, recovery costs must be paid. Vendors would then be instructed on how to obtain a legal permit. (Findings 6, 7, 8, and 9) NOTES: • The Kern County Board of Supervisors and the Public Health Services Department should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 177 APPENDIX A: 178 APPENDIX B: 179 180

R6: The District should record accurate Minutes, and make the approved Minutes public, reflecting recusal of members, and reporting all votes. (Findings 6 and 7) NOTES: • The Tehachapi Unified School District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror(s) pursuant to PC §916.2(a). This juror was excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report.

F7: According to staff, some operators ignore “cease and desist” orders and/or citations issued, due to a lack of a permit or unsafe food handling practices.

F8: Equipment, i.e., carts, trucks, cutlery, and other equipment, of un-permitted vendors are not impounded. (See Appendix C)

F9: Unless equipment is impounded and/or lawful fines are imposed, there is no financial impact on un-permitted vendors. COMMENTS: The Committee wishes to thank the Kern County Public Health Services Department and the Environmental Health Division for their time and information provided. The staff was gracious and professional. 176

Related Recommendations (2)

R4: The Board should guard against personal bias and agendas while conducting District business. (Finding 9)

R5: The Board should explore ways to overcome existing disharmony and work collaboratively for the betterment of the District. (Finding 9)

F10: The investigation of the District may require further review. COMMENTS: The Committee wishes to thank the Board and District Staff for the cooperation and information given for the preparation of this report. It is critical to have individual Board Members understand their responsibility in maintaining transparency. Adherence to the Brown Act is essential. To avoid disharmony within the Board, the business of the District must be conducted without personal bias or individual agendas.

Cities and Joint Powers Committee Ken Rafanan Charlynn McCarthy Mike Elliott, Chairman Mission Statement The Cities and

135 pages 26 findings 8 recommendations

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Findings & Recommendations 26 findings

F1: The City of Bakersfield is a Charter City that offers a full range of city services including:  Fire and Police Protection  Streets and Infrastructure Maintenance  Planning and Community Development  Recreation and Parks Services  Agricultural and Domestic Water Services  Municipal Airpark - General Aviation  Refuse Collection  Wastewater Treatment

F2: The City has plans to enhance the Downtown Area, collaborating with the Downtown Business Association and other businesses. 55

F3: The City has actively developed the Downtown Area at Mill Creek, providing housing for veterans and low income residents. Other improvements include the Federal Court Building, and upgrading street lighting to LED lights.

F4: The California High Speed Rail, when in operation, will bring future commercial development to the Downtown Area.

F5: The City employs approximately 1,500 personnel. Appreciation Awards include: a. Annual Appreciation Breakfast b. Certificates of Appreciation and “Extra Mile” awards c. “High Five” tickets to City events

Related Recommendations (1)

R2: The City of Bakersfield should continue to encourage, recognize, and reward outstanding City employees. Employee recognition builds morale, productivity, and aids in employee retention. (Findings 5 and 6) NOTES: • The City of Bakersfield should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 61

F6: Bakersfield Police Department: a. In the last five years, the department has endured a turnover rate of 55% (See Appendix A) b. Average salaries for officers are approximately 30% below other comparable California cities c. Ongoing training is offered to sergeants and ranks below: i. Enhancing the level of law enforcement service to the public ii. Increasing the technical expertise and overall effectiveness of personnel iii. Providing for continued professional development of department personnel iv. Conducting sensitivity training in dealing with the public d. Body worn cameras are being considered for patrol officers as a safety tool for both officers and the public e. ShotSpotter Gunfire Detection and Location System purchased with a $450,000 grant should be in operation soon: i. Triangulates and identifies the location of gunshots within 10 feet ii. Validates gunshots within 30-45 seconds of being fired iii. Pilot program will cover an area of approximately 2 1/2 square miles

Related Recommendations (1)

R1: The City of Bakersfield should examine methods for retaining law enforcement personnel in an effort to reduce the high turnover rate among patrol officers in the Bakersfield Police Department. (Finding 6) 60

F7: The Bakersfield Fire Department (BFD) provides fire suppression, emergency medical services, heavy and technical rescue, hazardous materials mitigation, water rescue, and other life safety services around- the-clock to a growing community of over 360,000 citizens. As an Insurance Service Office (ISO) rated Class 2 Fire Department, the BFD is the highest rated firefighting agency in Kern County and ranks in the top 1.5% of fire departments nationwide: a. 240 sworn, support, and reserve personnel b. Fourteen fire stations 56 c. Operates under a Joint Powers Agreement with the Kern County Fire Department to coordinate response times

F8: The City’s Recreation and Parks Department (Department) manages 59 parks and other various athletic facilities. The Department is one of 79 agencies in the nation (the second in California) to receive national accreditation from the Commission for Accreditation of Park and Recreation Agencies (CAPRA). National accreditation requires park and recreation agencies to respond to 156 standards representing elements of effective and efficient park and recreation operations: a. Operates four swimming pools and nine spray parks b. Playground equipment has been up-dated to handicap accessible c. Tree replacement (removal of old redwoods) and reduction in irrigation is used to alleviate drought concerns d. Mesa Marin Sports Complex was renamed the “Tarina Homes Sports Complex at Mesa Marin,” and will be expanding their programs

F9: Keep Bakersfield Beautiful (KBB) works with the City of Bakersfield General Services Division Anti-Graffiti program in local schools, to educate students about the negative impacts of graffiti, as well as, teaching students about laws regarding graffiti. Volunteers are encouraged to help the City in their efforts to clean up graffiti. Graffiti Abatement Volunteers may: a. Adopt a wall that is vandalized regularly b. Paint over graffiti on United States Postal Service community mailboxes i. Requires special permission from the federal government ii. KBB provides paint kits to volunteers for the Adopt A Mailbox program c. Call 32-ERASE (323-7273) to volunteer to adopt a wall or mailbox, clean up graffiti, or report graffiti, that needs to be painted over by volunteers or City staff General Services Division: a. Uses a Paint Tracks Power Wash truck to remove graffiti, seven days a week b. Strives to remove all graffiti within 24 hours of receiving report

F10: Water purveyors providing domestic water within the City (See Appendix B):  City of Bakersfield  California Water Service  Casa Loma Water Company  East Niles Community Services District  Greenfield County Water District 57  North of the River Mutual Water Company  Stockdale Annex Mutual Water Company  Stockdale Mutual Water Company  Vaughn Water Company

F11: In July 2017, the State Water Resources Control Board, Division of Drinking Water, established maximum containment level (MCL) for the synthetic chemical known as 1,2,3-Trichloropropane (TCP). TCP is a chemical previously used as a cleaning and degreasing solvent, and is associated with pesticide products. TCP is commonly found in groundwater throughout the Central Valley, and is present in Bakersfield. The implementation schedule for the new regulation requires water purveyors to begin sampling for TCP in their groundwater wells during the first quarter of 2018. The City operates 64 groundwater wells, in which 41 currently exceed the new MCL for TCP. The City is currently in the process of equipping an initial group of 27 wells with treatment facilities to remove the TCP from the groundwater prior to delivery of the treated water into the domestic water system. This project is known as the TCP Mitigation Project. The City is currently in litigation with the chemical companies responsible for the contamination. In May 2017, the City Council approved an emergency resolution, which allowed the City to dispense with bidding for the TCP Mitigation Project, in accordance with Section 3.20.060 of the Bakersfield Municipal Code. This resolution allowed the City to procure wellhead treatment vessels, granular activated carbon (GAC), engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation of TCP treatment facilities and other related project facilities: a. The City’s engineer’s estimate for the GAC was $2.1 million b. The City entered into agreements with the three GAC suppliers for the amounts as shown in the table below: 58 Price Recommended Supplier Carbon Type Subtotal (per vessel) Vessels Filled Aquasorb CX Jacobi $20,372.14 20 $407,442.80 12x40 Evoqua AC1240CAT $42,608.45 2 $ 85,216.90 Evoqua AC1230C $23,065.11 16 $369,041.76 Calgon Filtrasorb400 $22,642.00 16 $362,272.00 Calgon HPC830 $17,872.00 32 $571,904.00 Jacobi 20 $407,442.80 Evoqua 18 $454,258.66 Calgon 48 $934,176.00 86 $1,795,877.46 c. The total amount of GAC purchased is $1,795,877.46. Funds were previously budgeted within the Domestic Water Fund for this purchase and therefore an appropriation is not required. There is no impact to the General Fund.

F12: The City of Bakersfield operates and maintains an up-to-date website, www.bakersfieldcity.us. Many portals are available on the homepage; Government, How Do I, Business, Residents, Visitors, and sub-portals including:  City Council Agenda  Bid Opportunities  Accident Reports  Social Media Hub  Open Budget  Pay Bills  City Jobs  Adopt A Pet  Service Requests  City Maps  Municipal Codes  Traffic Conditions  Documents Search 59  Latest News  Most Popular  Upcoming Events  TCP Updates

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R3: The City should post approved meeting minutes in a timely manner (by the next meeting date), to allow the public an opportunity to review the Council’s actions. The posting of minutes should be on the City’s website and at City Hall. (Findings 12, 13, 14, 15, and 16)

F13: The City is improving public accessibility with its innovative Bakersfield mobile phone application (App). Through the App, users are able to report service related issues for the City to address; damaged parks equipment, illegal dumping, graffiti, streetlights, traffic signals, and potholes. A recent update to the App now provides users with the ability to report code enforcement related items directly to City staff, including overgrown lawn or weeds, junk, trash and/or debris in a yard, abandoned furniture, algae in swimming pools, and vehicles parked on a lawn. Issues can be reported through photos, video, audio, or e-mail messages.

F14: The City of Bakersfield is committed to providing its residents and the general public with a user-friendly, transparent tool to learn more about the City's annual budget. The Open Budget platform is designed to allow users to easily locate, review, and retain current revenue and expenditure data at any time throughout the fiscal year. The proposed 2018 Operating Budget is $419,817,854. (See Appendix C) The Open Budget portal on the City’s website is broken down into three sections: Revenues, Expenditures, and Capital Improvements. Each section provides data for the Adopted Budget, Amended Budget, and Actual Year-to-Date data for the fiscal year selected. Each section is presented through a visual interface for ease of use.

F15: The City proactively supports the growth of new businesses. After eleven years of negotiations, a Bass Pro Shop will open in Bakersfield, providing employment opportunities for the community and revenues for the City. In February 2018, the City is expecting a response from Amazon, to the City’s proposal to locate their Western Distribution Center in Bakersfield. COMMENTS: The Cities and Joint Powers Committee of the 2017-2018 Kern County Grand Jury would like to thank the City Staff for their cooperation in providing information for this report. The City’s website was very useful and user-friendly in locating important information.

F16: Stated on the City Council Meeting March 13, 2018, Agenda, New Business, NB 1. – FY 2016-17 Financial Audit Report Prepared by Price Paige and Company, Certified Public Accountants,

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R7: The City should hire an outside auditing firm to perform a forensic audit of all financial transactions for the past two years. (Findings 16, 22, and 23)

R8: The City Council should take the lead role and responsibility to see that the City completes the Corrective Action Plan from the June 30, 2017 Financial Audit Report, by the end of the 2017-2018 Fiscal Year. (Finding 16) 81 NOTES: • The City of California City should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 82

F17: Because approved City Council meeting minutes of most recent meetings are not available to verify, witnesses reported to the Committee, that many votes of the Council’s actions were a 3-2-0 or a 2-2-1 vote, for the past year. 78

F18: The City has a website, www.californiacity-ca.gov/. It is lacking City Council meeting minutes, contact information for the Council Members, a portal for public comments; not regularly updated, and difficult to navigate.

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R4: The City should update their website to include contact information for City Officials and City Government. (Finding 18)

F19: The Committee has verified that two or more e-mails from City employees to other employees or their supervisors, have disappeared from the City’s e-mail server. Several e-mails from City employees to the Grand Jury have also been deleted or disappeared from the server. Records of the e-mails from the sent and/or inbox, and the contact list, have been deleted or disappeared.

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R5: The City should assure that all e-mails sent and/or received be archived. (Finding 19)

F20: After interviewing several present and past City employees, at least 8 out of 21 stated that they have filed a grievance, complaint, or a concern about the working conditions. The Human Resource Director was involved in the resolution of most of these complaints resulting in promotions, resignations, placement on administrative leave for over a year, or reassignment to another supervisory position.

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R6: The City Manager, Department Heads and Supervisors should be trained on how to become better leaders, to effectively supervise their staff, and to successfully resolve conflicts in the work place. The City should cease and desist any harassment of City employees who act as whistleblowers, and/or shared information with the Grand Jury. (Findings 20 and 21)

F21: City employees shared concerns that they were harassed by supervisors at work and/or written up for what appears to be minor details, after interviewing with the Committee.

F22: The City has adopted an ordinance with several amendments to allow the cultivation, manufacturing, and transporting of Cannabis. The permitting process has several steps with many fees that must be paid. Planning/Building, Public Works, Fire, and Police Departments are all involved in the permitting process. Not just one department or assigned personnel is responsible for the collection of fees and/or needed documents. Several City employees working the front window in the City Hall may receive and receipt funds and fees. This process may lead to inaccurate accounting. Budget funding codes were changed to allow for a better method of tracking fees. The nonrefundable Cannabis fee schedule is as follows: Phase 1: Preliminary determination of eligibility $3,258 Phase 2: Initial ranking $ 701 Phase 3: Second ranking $1,790 Phase 4: Public Meeting and City Council final selection $1,937 To date, four Cannabis businesses have been approved. It is unclear, due to conflicting statements given to the Committee, as to how many funds have actually been receipted for the Cannabis businesses. Approximately 185 applicants have started the process 79 and paid some fees. Not all of the fees were receipted in the same object code of the budget, making it difficult to reconcile. (See Appendix E) The approved Cannabis Tax will not take effect until July 1, 2018, for all permitted businesses.

F23: Account Clerks staff the payment window in City Hall. Clerks collect payments for water bills, business licenses, Cannabis permits, and other funds for the City in the form of cash, check, or credit card. Direct supervision is sometimes lacking; refund checks and credits have been issued on the same account, and receipt coding to accounts were entered incorrectly. (See Appendix E)

F24: Not all Council Members were completely accurate on their Form 700, submitted in September 2017.

F25: Community perception that the Mayor has hired friends as City employees, dismissed employees that oppose the Mayor, and issued Cannabis business permits to friends is unsubstantiated. In actuality, the Mayor and Council Members, working as a body, only hire the City Clerk and City Manager. The City Manager hires, dismisses, and disciplines all City employees. The City Council is involved in the appeal process for employee discipline. The City Council as a unit, will issue Cannabis permits after all phases and vetting processes are completed.

F26: The Special Parcel Tax measure on the April 10, 2018 Ballot, failed to receive the required 2/3 vote:  Yes – 957 votes, 57. 31%,  No – 711 votes, 42.57%. COMMENTS: The previous and current City Managers were very cooperative and helpful in providing needed information about the City, Cannabis production requirements, and future activities. Many interviewees provided much needed input and contact information. The City government is in need of guided directions. It appears that many employees and Council Members believe they are in full control of the City business. But actually, personal bias appears to be in charge of the City. Most decisions seem to be made based on personalities, which are not necessarily good for the City. An interviewee stated that the attitude of the residents is, “If we are to be friends, then you MUST hate the same people that I hate.” The Special Parcel Tax is a major concern for the City. Without these funds, it will be very difficult for the City to continue to operate in the current manner. These funds are needed to provide police and fire services, as well as road improvements.

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Special Districts Committee Richard McCREEDY Mike Elliott Johnny Otero Chairperson Mission Statement According to Penal

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F1: The District Staff consists of: a. District Manager, position filled b. Office Manager, position vacant c. Office Assistant, position filled d. Maintenance Supervisor, position filled e. Maintenance Worker, position filled f. Custodian, position filled g. Recreation Coordinator, position filled, seasonal

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R7: To address community concerns, the FPPUD should consult and work cooperatively with the Kern County Parks and Recreation Department, to research and develop solutions to the pond issue. (Findings 1 and 18) NOTES: • The Kern County Park and Recreation Department, Frazier Park Public Utility District and the Lake of the Woods Mutual Water Company 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.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 APPENDIX:

R20-30: pounds per square inch (psi) to as high as 130 psi (See Appendix B). F. Booster pumps are used to move water up to the storage tanks on an as needed basis. G. According to the June 30, 2014 Financial Audit Report for FPPUD: 1. Total non-operating revenue decreased $364,138 over the course of the year’s operations. 2. Total net operating and non-operating revenues decreased $989,190 over the course of the year’s operations. The decrease in 2014 is due primarily to the accounting of the $1,000,000 United States Department of Agriculture (USDA) grant-loan in 2013. 3. Total expenses increased $207,089 over the course of the year’s operations. 4. Future revenues have been pledged to repay $1,400,000 in water revenue bonds issued in December 2005, and $2,100,000 in water revenue bonds issued during May 2011. Proceeds from the sale of bonds provided financing for the improvement and expansion of the current water delivery system. The bonds are payable solely from all revenues through fiscal year ending 2051. 5. Total Assets $6,939,000 6. Total Water Sales $615,774 for both residential and commercial H. The annual principle and interest loan payment, totaling $105,000, was paid to the USDA by FPPUD on October 13, 2016. I. The FPPUD consists of a five member board. Currently there are four members with one vacancy created by the resignation of a board member. Three incumbent board members applied for re-election and were unopposed; therefore, an election was not held. FINDINGS: F1. The source of water for the FPPUD are three wells identified as: Well #4 and Well #6 located at 4001 Park Drive; Well #5 located at the end of Montana Trail; and two active springs known as Pine Canyon and Sam Young. Continuous chlorination is provided to all water produced from these active sources. The well water supply is drawn from aquifers located in a canyon surrounded by mountains. The springs are located uphill from the community, and secured to prevent possible contamination. The FPPUD has 12 water storage tanks (11 currently used) and booster pumps located throughout the community. F2. The FPPUD has been selling water to LOWMWC for approximately a year, to determine if the FPPUD’s system can meet the extra demand. Currently water is being trucked to Lake of the Woods from FPPUD. F3. The FPPUD’s “Lower Cuddy Creek Water Demand Study”, covering the communities of Frazier Park and Lake of the Woods to create a regional water entity, produced the following information: a. Combined total of 1,704 connections; peak hour demand ranges between 1,050 to 2,800 gpm b. For estimation purpose, an additional 300 connections could be added if the regional entity were to be created, bringing the total number of connections to 2,004. c. Annual water demand for the regional entity; 561 acre-feet with the additional 300 connections d. Combined maximum monthly average daily demand; 350-933 gpm e. Pumping records for the past six years for FPPUD system indicate that the maximum monthly daily pumping demand is 360 gpm. This was met by drawing water from wells, springs, and from storage tanks. f. The FPPUD has 2.1 million gallons of storage and pumps a maximum of 16.06 million gallons in a given month. g. Consulting civil engineers completed a study to form a regional water entity. This would include new pipelines to Lake of the Woods, additional storage tanks, and booster pumps, at a projected cost of $16 million. F4. Before the annexation process is completed, FPPUD will have to complete a new rate study. F5. The FPPUD is working to develop a Sustainable Groundwater Management Authority (SGMA) and the Financial Assistance Application Submittal Tool (FAAST) Planning Grant Application; a Memorandum of Understanding (MOU) with all parties involved will have to be completed. F6. In the July 2016 Monthly Manager’s Report: a. Water pumped - 10,384,200 gallons b. Water sold - 6,454,394 gallons c. With a lag (water loss) - 33.43% d. In June 2015 the lag - 20.34% e. Six year average lag (2009-2014) - approximately 20% F7. According to the consulting civil engineer, the difference between water pumped versus water sold is likely a combination of losses due to pipe breaks and metering inconsistencies. Other factors, as stated by the GM, are not accurately measuring water in the storage tanks and the variable nature of the two springs feeding into the water system. F8. Monthly bills from FPPUD may be difficult to read and understand by the water users: a. Meters are usually read monthly and are recorded to the nearest hundred cubic feet (CCF). b. Bills are calculated and charged in gallons of water used. c. Users must convert from CCF to gallons (one CCF is equal to 748 gallons) to understand their bills. d. The computer will estimate water usage when the meter cannot be read. F9. The FPPUD’s website is unable to accept online payments. F10. The FPPUD’s website is not kept up-to-date with current board agendas and approved minutes. F11. About two years ago, the FPPUD discovered an illegal tap was used to steal water from a main water line fed by one of the springs. F12. The FPPUD is using district staff to complete the process of adding Well #6 to the water system (See Appendix A). F13. The FPPUD board voted to increase water rates after the Rural Community Assistance Corporation completed and presented a rate study at the September 2016 board meeting: a. New base rate for ¾ inch service meter - $55 a month b. New usage fee - $2.60 per 1000 gallons c. The rate study will allow FPPUD to seek State funding - $16-20 million d. The rate study was funded by the State of California e. Under Proposition 218, rate increase hearings are scheduled F14. The Committee visited the October 20, 2016, FPPUD Board Meeting and observed the following: no salute to the flag, the meeting ran according to Robert’s Rules of Order, and District Policy. Agenda item #3, Public Comments, lasted over one hour due to discussion about the pond and other topics (See Appendix F, as an example). F15. The FPPUD board is working on updating the District Bylaws and Regulations, as well as the Board Member Conduct Policy. F16. All FPPUD board members have completed the required Ralph M. Brown Act and other leadership training. F17. The FPPUD Board will be appointing a new member to fill the vacant seat on the Board of Directors. F18. The consulting civil engineer stated that the pond in Frazier Park had several years of low water in the late 1970s and early 1980s due to drought conditions. Today the spring that feeds the pond is almost dry, therefore water inflow is less than outflow and evaporation. Well #4 and Well #6, which are located closest to the pond, draw water from an aquifer that is located about 250 feet deep and has been stable for years. The pond is fed by a spring. A solution to the dry pond is to line the bottom of the pond to stop percolation and limit the outflow (See Appendixes C, D, and E). COMMENTS: The Committee thanks the staff of Frazier Park Public Utility District and the consulting civil engineer for their cooperation and assistance. The Board Members expressed concern and passion for their job, and understand their responsibility for supplying sustainable drinking water to the community. Frazier Park residents have a concern about the pond in the Kern County Park. Many have the opinion that the drying up of the pond is due to pumping water from new Well #6 (See Appendixes C, D, and E); the FPPUD should address this concern. Citizens that are concerned about the pond may want to review the memorandum sent to the Kern County Board of Supervisors from the Kern County Parks and Recreation Department, dated November 15, 2016. Attached to the memorandum is the report titled “The General Overview of Frazier Mountain Park Pond” prepared by the supervising engineer. California’s drought has caused many changes in the ponds, lakes, and reservoirs throughout the State. RECOMMENDATIONS: R1. The Frazier Park Public Utility District should upgrade their website to provide for online payments. (Finding 9) R2. The FPPUD should keep the website updated with current board meeting agendas and minutes. (Finding 10) R3. The FPPUD should make the water bills user friendly. The meter readings and billing information should be consistent, either gallons or cubic feet, but not both. (Finding 8) R4. The FPPUD should better inform the public of all district activities. The use of the local newspaper, sending quarterly newsletters, website, and posting meeting agendas around the community (post office, library, etc.) would keep the community better informed. (Findings 2, 5, 10, 13, and 14) R5. The FPPUD should complete the feasibility study concerning the annexation of Lake of the Woods and the formation of a regional water system. The final decision must be made by a majority of affected eligible voters. (Findings 3 and 4) R6. The FPPUD should place and enforce a time limit on public comments during regular board meetings (See Appendix F, as an example). (Finding 14) R7. To address community concerns, the FPPUD should consult and work cooperatively with the Kern County Parks and Recreation Department, to research and develop solutions to the pond issue. (Findings 1 and 18) NOTES: • The Kern County Park and Recreation Department, Frazier Park Public Utility District and the Lake of the Woods Mutual Water Company 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.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 APPENDIX:

F2: The District website is not user friendly; more information is found on their Facebook page. As of February 6, 2017, the website is being updated with meeting agendas and minutes. It is now easier to follow and all Board agendas are current.

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R4: The FPPUD should better inform the public of all district activities. The use of the local newspaper, sending quarterly newsletters, website, and posting meeting agendas around the community (post office, library, etc.) would keep the community better informed. (Findings 2, 5, 10, 13, and 14)

F3: The Rental Fee Policy used for District facilities is found on the District website. Exceptions to the fees are granted by the Board, on a case by case basis.

Related Recommendations (3)

R2: Rental fees should be a set policy, so that all renters are treated equally. (Finding 3) NOTES: • The Bear Mountain Recreation and Parks 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.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: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

R5: The FPPUD should complete the feasibility study concerning the annexation of Lake of the Woods and the formation of a regional water system. The final decision must be made by a majority of affected eligible voters. (Findings 3 and 4)

F4: Information from the District is provided in both English and Spanish. An interpreter is present at Regular District Board Meetings and special events.

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R8: The District should review and update Board Policy regarding e-mails, process of handling information, posting agendas, and posting minutes to be in compliance with the Ralph M. Brown Act. (Findings 4, 5, 28, and 29)

F5: Seven candidates were vying for the four open board positions; four for full term and three for short term positions. A new Board Member was seated on the Board in December 2016.

F6: One incumbent District Board Member was also a candidate for the Arvin Union School District Board, but was not elected to that board.

F7: Residency of elected or appointed Board Members has been a subject of concern since 2012.

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R1: Residency should be a consideration when the District Board appoints a replacement member to the Board. (Finding 7)

F8: The 2016-2017 Budget has Total Revenues of $650,700; Total Expenditures of $631,449.

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R3: The FPPUD should make the water bills user friendly. The meter readings and billing information should be consistent, either gallons or cubic feet, but not both. (Finding 8)

F9: The District has not received grants (local, State, or Federal). The District is considering contracting for a grant writer.

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F10: In January 2017, four Board Members completed leadership, ethics, and Ralph M. Brown Act training. One Board Member is still receiving training.

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F11: A revised Employee Handbook has been adopted by the Board and signed by each employee.

F12: Day to day accounting and payroll are performed by the District Manager, and reviewed quarterly by an accounting firm.

F13: The Office Manager receives all funds, issues receipts, and places funds in the safe. The District Manager makes monthly deposits and reconciles the bank accounts.

F14: Invoices and bills are submitted to the Kern County Auditor/Controller/County Clerk’s Office for payment from property tax revenues.

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R6: The FPPUD should place and enforce a time limit on public comments during regular board meetings (See Appendix F, as an example). (Finding 14)

F15: District improvements under consideration include: solar panels for the pools, reroofing for the David Head Center and surrounding buildings, and annexation of a county park baseball field.

F16: The Committee attended the November 17, 2016, Regular District Board Meeting and observed the meeting which did not include the Flag Salute. COMMENTS: The Grand Jury appreciates the cooperation of the District’s Staff for providing information in a timely manner, and for the opportunity to meet. The Grand Jury acknowledges the improvements made in the last few months, and their future plans. The District has a major task in reviewing and updating all Board Policies and By-Laws.

F17: The FPPUD Board will be appointing a new member to fill the vacant seat on the Board of Directors.

F18: The consulting civil engineer stated that the pond in Frazier Park had several years of low water in the late 1970s and early 1980s due to drought conditions. Today the spring that feeds the pond is almost dry, therefore water inflow is less than outflow and evaporation. Well #4 and Well #6, which are located closest to the pond, draw water from an aquifer that is located about 250 feet deep and has been stable for years. The pond is fed by a spring. A solution to the dry pond is to line the bottom of the pond to stop percolation and limit the outflow (See Appendixes C, D, and E). COMMENTS: The Committee thanks the staff of Frazier Park Public Utility District and the consulting civil engineer for their cooperation and assistance. The Board Members expressed concern and passion for their job, and understand their responsibility for supplying sustainable drinking water to the community. Frazier Park residents have a concern about the pond in the Kern County Park. Many have the opinion that the drying up of the pond is due to pumping water from new Well #6 (See Appendixes C, D, and E); the FPPUD should address this concern. Citizens that are concerned about the pond may want to review the memorandum sent to the Kern County Board of Supervisors from the Kern County Parks and Recreation Department, dated November 15, 2016. Attached to the memorandum is the report titled “The General Overview of Frazier Mountain Park Pond” prepared by the supervising engineer. California’s drought has caused many changes in the ponds, lakes, and reservoirs throughout the State.

F19: The District’s liability risk insurance company hired a private investigation firm to locate the party(s) responsible for the loss of cash. After an intensive investigation, the insurance company resolved the claim by paying over $60,000 for the loss of funds to the District.

F20: Customer and public complaints were reported to the Delano Police Department for services not provided (headstones and benches).

F21: Minutes of the Special Meeting of the District’s Board, November 26, 2014, passed a motion to: “A. change the lock on the office door, B. make daily deposits, C. install a modern security system, D. place a safe within the vault with dual access, E. change the combination on our vault.”

F22: North Kern Cemetery District, Schedule of Finding for both June 30, 2014 and June 30, 2015, year end audits from Firm #3, contained the following:  -1, Preparation of Financial Statement Condition: “As is typical with most small government o entities, management is not able to produce its own financial statements in conformity with U.S. generally accepted accounting principles.”

F23: Receipts received by the Office Secretary are approximately 50% cash and 50% checks and credit cards.

F24: Beginning January 2017, the Office Secretary will receive the payments, generate a receipt on QuickBooks, attach the cash, check, or credit card receipt to the paper receipt, and insert the receipt with the payment into the slot on the locked safe, inside the vault. Starting March 1, 2017, “NO CASH” will be accepted for payments.

F25: The GM retrieves the payments from the safe and makes bank deposits.

F26: The Office Secretary answers the phone, greets all customers, answers questions, makes sales, receives payments, and addresses public concerns.

F27: The District has one of the least expensive pricing schedules in Kern County and California (See Appendix B). Only residents within the District, or family members of interred residents, can use the cemetery at the current rate. Non-residents are charged an additional $400 fee.

F28: The District uses Administrative Bulletin No. 20 of the Kern County Administrative Office, regarding reimbursement rates for the District Staff and Board Members while attending meetings and conferences. The District does NOT require receipts to substantiate claimed travel expenses, as per the reference to www.gsa.gov found in Bulletin No. 20. Some District Staff and Board Members stated that unspent funds belong to them.

F29: Possible Ralph M. Brown Act violations may have occurred. Copies of e- mails verified that all Board Members have received communications from the District legal counsel outside of a board meeting. On at least one occasion, the Chairman of the Board sent an e-mail to all other Board Members discussing District business.

Related Recommendations (1)

R9: To avoid conflict of interests, District Board members should be trained and informed on the recusal process. (Findings 29, 30, and 32) NOTES: • The Kern County Board of Supervisor, the Kern County Auditor/Controller/County Clerk, and the North Kern Cemetery 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.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: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 APPENDICES:

F30: During the discussion and sale of District real estate to the City of Delano, the two city council members sitting on the District Board of Directors did not recuse themselves. This conduct may be a violation of the “conflict of interest” code for the two Board Members.

F31: The District Board Members did not:  perform annual evaluations and a review of the GM’s performance  demand that year end audits be performed in a timely manner  establish District policies on the duties and responsibilities of all employees  establish District policies to safeguard District’s cash and assets  assure that money dispensed for conference, travel, and conventions are properly accounted  place the public’s interest above their personal interest

F32: Some District Board Members are unaware or uninformed of state/county/district policies and procedures required to administer a cemetery district.

F33: The current GM has plans to make changes within the District. The goals include: a. Review and update the employee handbook b. Improve the grounds and landscaping; trim trees, plant grass, and develop more burial space c. Improve community relationships and public interest d. Work cohesively with the Board to keep them informed and work cooperatively e. Improve the internet service for the District (drop DSL; add a satellite dish) f. Review and update Board Policies on an ongoing basis (some are dated 1989, 1991, and 2004) g. Work closely and visit each employee daily to improve their work ethic h. Work on “THE DETAILS”

F34: During the Committee inspection of the Pomfret Memorial Pioneer Cemetery, the following was observed: a. There was a four foot chain link fence surrounding known marked graves, approximately ½ acres b. The entrance gate was locked with a pad lock c. Pecan trees were planted directly east of the fence d. A cell tower and more pecan trees were north of the fence e. Grass and weeds were around the fenced area f. The sign was in need of repair and hard to read g. Approximately ten graves were marked and had plastic flowers

F35: The District’s legal counsel had been in negotiations with the neighboring farmer regarding property boundaries. As of February 2017, no settlement had been reached. The District is in the process of obtaining a legal survey of the property in dispute, to determine ownership of the cemetery property. COMMENTS: The Committee has spent many hours investigating and researching the North Kern Cemetery District. The District Staff, Delano Police Department, and the Kern County Sheriff’s Office have been very cooperative. We thank everyone for their assistance and providing us with invaluable information. This report reflects many changes that must take place within the District in order to gain the confidence of the public. The missing money is public funds and the community is entitled to justice. The new General Manger should institute new policies and procedures. The District Board of Directors and the Kern County Board of Supervisors should take an active role to ensure that changes are implemented.

Health, Education, and Social Services Committee Brad Aguilu Jody Carney Marc Cooter TOM Pasek

74 pages 17 findings 9 recommendations

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Findings & Recommendations 17 findings

F1: While there is cause to hire a full-time veterinarian, CALM currently does not have funds budgeted for the position.

Related Recommendations (1)

R1: The Grand Jury recommends that CALM hire a full-time veterinarian as funds become available. (Finding 1)

F2: CALM is staffed with well-trained personnel. There are various volunteer training programs that qualify docents and volunteers to serve at CALM. The use of volunteers and community donations has served to significantly offset operating costs. Individuals interested in volunteering can apply using an application that can be downloaded directly from the CALM website.

Related Recommendations (1)

R2: CALM should continue to develop its staff and volunteer training programs to keep operating expenses at a minimum. (Finding 2)

F3: A significant amount of CALM’s income is derived from special events. In particular, Holiday Lights in December brings in the majority of income from all scheduled special events.

Related Recommendations (1)

R4: CALM should continue to develop its animal enrichment program for all permanently exhibited animals. (Finding 3)

F4: The building of larger habitats for animals such as bears, cougars, and big horn sheep, has provided for an improved environment. This also enhances the visitor experience.

F5: CALM’s website has noted issues:  non-functioning link to the CALM Foundation  there is no mention of the Foundation’s non-profit status  non-functioning link for donations

Related Recommendations (3)

R3: CALM should update several areas of their website, including several fundamental areas and correcting non-functioning links. (Finding 5)

R6: KCL should create a new Mission Statement to better inform the public about library services. (Finding 5)

R7: KCL should create a Vision Statement for Management and Staff to provide guidance and direction for the future. (Finding 5)

F6: CALM staff is not trained in grant writing, and relies on KCSOS for all grant writing.

Related Recommendations (2)

R5: CALM should develop a grant writing program for staff members, and utilize KCSOS’s grant development program to train the CALM staff. (Finding 6) NOTES: • The Kern County Superintendent of Schools and the California Living Museum 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.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 IN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 200 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror(s) pursuant to PC §916.2(a). The juror(s) was excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report. KELLY F. BLANTON STUDENT EDUCATION CENTER BLANTON ACADEMY SUMMARY: The Blanton Academy is part of the Kelly F. Blanton Student Education Center, established in 1987, and is one of several Community Schools designed to work closely with the Kern County Juvenile Court, Kern County Probation Department (Probation Department) and other school agencies. The mission is to support the educational, social and emotional needs of its students and community members. PURPOSE OF INQUIRY: The Health, Education and Social Services Committee (Committee) of the 2016-2017 Kern County Grand Jury (Grand Jury) inspected and toured Blanton Academy on October 27, 2016, pursuant to California Penal Code §925. Blanton Academy is located at 300 East Truxtun Avenue, Suite A, Bakersfield, California 93305. PROCESS: The Committee met and interviewed: 1. Director of Alternative Education, Kern County Superintendent of Schools 2. Principal of Blanton Academy 3. Vice Principal of Blanton Academy 4. Kern County Probation Supervisor 5. Kern County Probation Officer The Committee also reviewed internet and website information. BACKGROUND AND FACTS: The Kelly F. Blanton Student Education Center, located in the greater Bakersfield area, is the largest community school campus in Kern County, and is a year-round public school program operated by the Kern County Superintendent of Schools Office. The Blanton Academy works closely with other school districts, the Probation Department and the Juvenile Court of Kern County. A. Blanton Academy is operated and administered by the Kern County Superintendent of Schools per Education Code §48645. B. There are students at Blanton Academy that are High-Risk First Time Offenders and High-Risk Transitioning Youth. C. Blanton Academy is co-ed and open to all genders. D. The curriculum is designated to meet all California High School graduation requirements. E. Blanton Academy offers childcare services for students with children up to three years of age, at the Child Development Center located on campus. Admission is based upon availability. F. Childcare and parenting skills are offered to eligible pregnant and parenting teens through the Cal Safe Program.

R8: Friday bookmobile service in the KRV should be eliminated, rescheduled, or moved to a different location. (Finding 6)

F7: The KABOOM playground was financed through a grant.

F8: A recruitment effort is being conducted to hire additional staff.

F9: The animal rehabilitation program is not currently funded in the budget. However, special funding is generally allocated upon receipt of an animal that requires these rehabilitation services. COMMENTS: The Committee would like to thank the CALM Zoo Manager and Staff for their courtesy and professionalism extended during the site inspection. The Committee also thanks the KCSOS Chief of Staff and the CALM Foundation for their assistance.

F10: It is the Kern County Public Administrator’s duty to collect and manage assets, keep records, pay expenses and debts, ensure taxes are paid, and distribute estate assets according to a will or trust, if located, or acts under the laws of intestacy. The Public Administrator acts on behalf of the decedent, and has a fiduciary duty to protect the estate.

F11: Probate proceeds are placed in an account at the Kern County Treasurer-Tax Collector. These funds are held for up to five years while attempting to locate beneficiaries and/or claimants.

F12: Once the Kern County Public Administrator has exhausted all likelihood in locating beneficiaries, the estate proceeds are transferred to the California State Controller Office. The proceeds are held in order to satisfy any potential future claims for an indeterminate amount of time. COMMENTS: The Committee would like to thank the Director and Staff of the Kern County Aging and Adult Services Department for their cooperation and professionalism. The Committee would also like to thank the Staff of Kern County Public Administrator’s Office for their courtesy and information provided.

Related Recommendations (1)

R9: KCL should consider closing the Holloway-Gonzales branch, because it is not cost effective. It may be argued that this branch could serve as a facility for learning, and provide a “community center” atmosphere for an economically depressed area. (Findings 12 and 13) NOTES: • The Kern County Board of Supervisors, and the Kern County Library 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.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 REFERENCES: Hofschire, Linda, MLIS, PhD. "Definition of Terms." Library Research Service. Library Research Service, 2016. Web. Mar. 2017. Coles, Janet. "California State Library Statistics Portal." California State Library Statistics Portal. State Data Coordinator, California State Library, Library Development Services, 2017. Web. Mar. 2017. Polatis, Kandra. "How libraries are adapting to stay relevant." DeseretNews.com. Deseret News, 11 March 2014. Web. Apr. 2017. . APPENDICES:

F13: The Holloway-Gonzales Branch is located 2.2 miles from the Beale Library. It is only open 2 days per week from 9:00 A.M. to 5:00 P.M., thus eliminating an additional value beyond library services.

F14: In FY 2015-2016, the KCL budget was $7,590,871, of that $5,579,002 (73.4%), is staff salaries and benefits. This does not include the $1,899,226 of Kern County General Services funds used to cover the cost of maintaining county-owned KCL branches.

F15: The actual cost of KCL operating expenditures increases by 22% when the Kern County General Services maintenance expenditures for all library buildings are included.

F16: The KCL delivery vehicle operational costs were $195,438 in FY 2015-2016, which includes $148,029 in payroll expenses.

F17: All KCL’s Budget Letters of Justification, since 2012-2013, indicate in the first two sentences that 100% of the requested budget is only for eBooks and the self-check stations at Beale Memorial Library. This does not accurately reflect the total KCL budget. (See Appendix D) COMMENTS: The Grand Jury would like to thank the Interim Director and Staff of the Kern County Library, General Services Staff, County Administrative Office, and Kern County Supervisor - District One, for their assistance.

Administration & Audit Committee Mission Statement Themission of the Administration and Audit Committee ofthe 2015-2016

16 pages 9 findings 7 recommendations

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Findings & Recommendations 9 findings

F1: A training manual is being developed by the Broadcast Engineer for future KGOV-TV employees.

F2: The Clerk of the Board oversees all activities being aired during a BOS broadcast.

F3: KGOV-TV is funded by the Digital Infrastructure and Video Competition Act Franchise Fund and the Cable Fee Fund.

Related Recommendations (1)

R3: The website should be updated regularly and edited to remove past events. (Finding F8) • Ensuring the Home page is free of old, irrelevant information. • Keeping up with the community calendar, to make sure that the public knows which are blackout days and opened for business days. NOTES: • The Kern County Law Library 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.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 29 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 30 31 KERN COUNTY SUPERIOR COURT PARKING PURPOSE OF INQUIRY: The 2015-2016 Kern County Grand Jury (Grand Jury) Administration and Audit Committee (Committee) in accordance to California Penal Code §925 authorizes the Grand Jury to investigate and report on departments of the County. The Committee revisited a previous report conducted by the 2012-2013 Kern County Grand Jury to study and recommend solutions to current parking issues/growth experienced at the Kern County Superior Court Building, 1415 Truxtun Ave, Bakersfield, CA (Superior Court Parking). PROCESS: The Committee interviewed the Assistant CAO for General Services to follow up on any new developments and/or any new roadblocks encountered to meet previous recommendations. Other information was obtained by personal observations. BACKGROUND AND/OR FACTS: A. There are currently more personnel in need of parking than there are parking spaces available at 1415 Truxtun Ave. Kern County Superior Court Parking area. B. The parking permit is not a reservation for a parking spot, but a pass to “hunt” for a potentially available parking space. C. Entry Kiosk security detail is contracted by Kern County Superior Courts. The attendant should only allow entry to vehicles displaying the parking permit. Vehicles in for Fleet Services and vehicles displaying a handicapped placard can enter this area. D. The Grand Jury is allotted five assigned parking spots. E. Docents are assigned parking passes/permits to park in a reserved stall, on the first floor in the parking structure on M Street. There is one reserved parking stall on the first floor of the parking structure for volunteers.

F4: There is a six-second delay system installed to prevent any undesirable material from being broadcasted to the public.

Related Recommendations (1)

R4: The parking kiosk attendant should have the authority to enforce policies implemented to control the excessive activities of the parking lot. (Findings F2 and F3)

F5: KGOV-TV has no public relations or publicity program available to inform the public of the station’s presence. COMMENTS: The Administration and Audit Committee would like to thank the KGOV-TV staff for their knowledge, openness and transparency in answering the Committee’s questions.

Related Recommendations (3)

R1: KGOV-TV should explore and implement avenues to advertise their presence within the community. (Finding 5)

R2: KGOV-TV should implement a “broadcast ready” community outreach program to inform outlying areas of current community services and programs, including cooling centers, animal services, fire updates, and other local events. (Finding 5) 24 NOTES: • Kern County General 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.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessedon 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: WESLIE BROWN, TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 25 26 KERN COUNTY LAW LIBRARY PREFACE: ”The primary obligation of the Kern County Law Library is to provide legal information and information services to members of the legal community and citizens who reside or practice in Kern County. Although, Library staff is available to guide and instruct as to what might be appropriate, they cannot provide any type of legal advice or interpret materials.” PURPOSE OF INQUIRY: The 2015-2016 Kern County Grand Jury (Grand Jury) Administration and Audit Committee (Committee) visited the Kern County Law Library (Library) to review the operations, procedures and management of the Library in accordance with California Penal Code §933.5. PROCESS: The Committee reviewed the 2013-2014 Kern County Grand Jury report and researched the Library website before visiting. The Committee experienced a thorough tour of the Library. A detailed explanation of resources and services available to Kern County citizens was provided by a Library Associate. A question and answer session was held by the Law Librarian (Librarian) to address any concerns arising from the Committee’s initial trip to the Library were presented during a secondary visit. FACTS: A. The Library is located on the Third Floor, Room 301 of the Kern County Superior Court Building, 1415 Truxtun Avenue, Bakersfield, California 93301. B. The Library is funded solely by a fixed portion of the Kern County Superior Court’s (Court) First Document Filing Fee. The Library is a stand-alone entity. It could be inferred by the title that the Library is a department of Kern County, but it is not. The staff is employed by the Library. C. The Library staff of five is supervised by the Librarian. The Librarian reports directly to the Kern County Law Library Board of Trustees consisting of five Kern County Superior Court Judges and two private Attorneys. One Attorney is appointed by the Kern County Board of Supervisors and the other by the Kern County Bar Associationper Business and Professions Code §6301. D. The County of Kern (County) considers the Library to be a Special District in order to provide administrative support services, such as the processing of payroll and personnel documents. The County does not recognize Library employees as county employees. The Library space is provided by, but not maintained by the County. E. Utility services are provided by the County. Phone service and janitorial services are not provided by the County tothe Library. F. The Library has 17 public access computers with internet limited to legal research or legal documentation editing. There are five staff accessible computers and four attorney accessible computer stations. G. In high traffic timeframes, computer access is limited to ensure everyone is allowed a chance to access information. H. The Library houses a Self-Help Center staffed by two court employees. The Library provides workshops on topics limited to Family Law and Small Claims matters. The public is required to register for individual workshops online.

R5: The East quad should be redesigned to accommodate handicapped parking. (Findings F2 and F3)

F6: Virtual Law Libraries can be found in Taft, Ridgecrest and Cerro Coso Community College.

Related Recommendations (1)

R6: The number of assigned parking permits should be reevaluated to find a more appropriate number for usage. (Finding F4)

F7: Advertisement of the Library is through word of mouth, street fairs, and attorney referrals. 28

Related Recommendations (1)

R7: The single handicapped spot in front of the Jury Services building should be relocated due to high volumes of traffic creating a safety hazard to the public. (Finding F6) NOTES:  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 60 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 34

F8: General information regarding services provided and resources can be found online at the Library website at http://www.kclawlib.org.

F9: Personnel turnover is very low. COMMENTS: The Committee found the Library to be very clean, and its equipment to be in working order. Its staff was very friendly, approachable and knowledgeable.

Cities and Joint Powers Committee Mission Statement TheCities and Joint Powers Committee of the 2015-2016 Kern County

75 pages 17 findings 8 recommendations

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Findings & Recommendations 17 findings

F1: The Grand Jury noted the effective use of technology, such as GPS for location, digital photography for validation and portable computers for documentation.

F2: Anyone wishing to file a complaint for code violation could have difficulty contacting Code Enforcement:  City of Bakersfield website uses terminology not generally known for this type of complaint  When Code Enforcement website is found, there is not a complaint or contact number listed  If a person tries to contact Code Enforcement directly they must do so through the Building Department desk. However, this can impact desk personnel answering questions and transferring calls

Related Recommendations (2)

R1: The Grand Jury recommends the City website be changed so the public can easily find how and where to file a code complaint. (Finding F2)

R2: The Grand Jury recommends some form of identification for Code Enforcement is visible upon entering the Community Development Building. (Finding F2)

F3: Citizens who were issued enforcement citations stated there was difficulty in some communications:  The citation is often the first contact a property owner has ever had with the enforcement process  Phone messages are perceived to not be returned in a timely manner  Citizens are not given specific information needed to clear citation quickly  Some small “mom and pop” property owners are likely to need additional help

Related Recommendations (2)

R3: The Grand Jury recommends it be emphasized to the Officers of the necessity to give clear directions to property owners. (Finding F3)

R5: Develop an on-line video for the City website that explains the process of investigating, documenting, notifying property owners and holding appeal hearings. City staff, high school or college students could produce and act in the video. (Findings F5 and F6) NOTES: The City of Bakersfield should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.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 BY CITY OF BAKERSFIELD CITY COUNCIL WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: RICHARD FRANK, TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

F4: Property management companies receive citations for units under their management, but may know little about Code Enforcement procedures.

Related Recommendations (1)

R4: Develop and schedule workshops for property management companies to understand Code Enforcement processes. (Findings F4, F5 and F6)

F5: Property management company personnel may not know that they can inform Code Enforcement of conditions surrounding the properties they are involved with to help prevent deterioration.

Related Recommendations (1)

R4: Develop and schedule workshops for property management companies to understand Code Enforcement processes. (Findings F4, F5 and F6)

F6: The legal process is well established and does not allow for common sense deviation. Once becoming involved with Code Enforcement, the process becomes “bureaucratic” and must “grind” to completion.

Related Recommendations (1)

F7: Encampment clean-up in the Kern River bed appeared to be well planned, structured and executed. COMMENTS: Code Enforcement Officers are tasked with responsibilities that can bring property owners discomfort, anxiety and financial stress. When a potential threat exists, law enforcement can be called. The 2015-2016 Kern County Grand Jury would like to thank the personnel of the City of Bakersfield Code Enforcement Section for the cooperation, professionalism and assistance during this inquiry.

F8: Streetscape areas under the responsibility of the Department are not well documented in an easily accessed format. Maintenance staff therefore must depend upon their own knowledge of streetscape areas in their daily work. Such knowledge can be difficult to pass on to other employees and interested third parties. 41

Related Recommendations (1)

R6: The Department should explore technology to provide increased efficiency and better documentation of work orders, complaints and responses. Such technology should be purchased when funds become available. (Findings F9and F10)

F9: Geographic Information System (GIS) mapping is available for tree location mapping. The cost for consultant services is in the range of $2.00 - $5.00 per tree. The information can be compiled with location, species, size and condition. Maps can be printed from the database.

F10: The City utilizes a work order system called Mainstar and in addition uses the “CitySourced” app which tracks complaints from the public. Additional technology is available that can access the GIS database in the field and could also be used to log complaints and work orders. Adapting this technology to the needs of the Department would allow complaint follow-up, rapid response to important repairs, and better communication and documentation.

Related Recommendations (1)

F11: If enough trees are lost due to the drought the City could be at risk of losing the “Tree CityUSA” designation.

F12: In the event of damage to a tree as a result of an accident, the Department calculates the insurance claim based upon staff time and equipment to remove the damaged tree and prepare the site, and for a contractor to provide and plant a new 24” box tree. This method does not take into account the size, age or species of tree. For example, if a large diameter tree must be removed as a result of an accident, the small diameter replacement tree would take many years to reach the same size and maturity. The benefits of that larger tree are therefore lost in this example of a calculation for aninsurance claim.

Related Recommendations (1)

R7: The Department should implement a standardized method to value a tree for insurance claims after damage by an accident. This method should take into account the size, maturity, condition and species, among other factors, of the actual tree which was damaged. Landscape Tree Appraisal by Purdue University Department of Horticulture and other methods of calculating tree values should be reviewed for applicability in this context. (Finding F12)

F13: The Department would like to offer more recreational activities than currently available. The two City community centers currently offer some after school programs and anyone is welcome to attend. However, these centers may not be easily accessible from all areas of the City.

Related Recommendations (1)

R8: The Department should initiate dialogue with KHSD and/or neighborhood schools to use facilities for recreationprograms across the city. Costs should be paid by General Fund monies or other sources. School Districts could be asked to sharethe costs.(Findings F13, F14, F15, F16 and F17) NOTES: • The City of Bakersfield should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.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 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 200 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 45 46 47 48 49 50 51 CITY OF DELANO Celebrating a Century, Planning for the Future SUMMARY: Beginning as a railroad town, surrounded by agriculture, having amajor impact on the farm labor movement, Delano, the second largest incorporated city in Kern County, is transitioning to an industrial player in the region. How this is being accomplished is the subject of this 2015-2016 Grand Jury Report. PURPOSE OF INQUIRY: Pursuant to Penal Code §925a, the Cities and Joint Powers Committee (Committee) of the 2015-2016 Kern County Grand Jury (Grand Jury) inquired into the operation and management ofthe City of Delano (City). PROCESS: The Committee interviewed the City Manager, Police Chief, Director of Public Works, the City Clerk, City Council members and other staff. The Committee was given a tour of various improvement projects by the Director of Public Works and toured the new Police Station with the Police Chief. A review of minutes and agendas was also conducted. The City website and internet resources were reviewed for relevant information. BACKGROUND: Delano was founded on July 14, 1869 as a railroad town. The name was officially given by the Southern Pacific Railroad in honor of Columbus Delano, the United States Secretary of the Interior. The first Post office opened in 1874. Delano, incorporated in 1915, began celebrating its 100 year anniversary in January, 2015,with the Centennial Galafollowed by golf tournaments, birthday parties and music festivals in later months. Delano was a major hub of farmworker organization efforts and Chicano movement politics. In September 1965, Filipino leaders led the predominantly Filipino Agricultural Workers Organizing Committeein a "walk off" from table grape farms. The National Farm Workers' Association,a largely Hispanic union led by Cesar Chavez, joined the strike within a week. During the strike, the two groups joined forces and formed the United Farm Workers of America (UFW). A celebration was conducted on September 26, 2015, in recognition of the fifty-year anniversaryof the strike. For many years, as people traveled through the central valley, the blinking red lights off in the distance was a landmark. The Voice of America Broadcast Station (VOA) in Delano was the first external transmitting shortwave broadcast station and the beginning of this nation’s ability to broadcast around the globe. Founded in 1942, VOAbegan transmitting short-wave radio programs in 1943, providing as its charter states, “VOA news will be accurate, objective and comprehensive.” The broadcast was done in English and other languages. A 1976 Federal law required that the VOA serve as a consistently reliable and authoritative news source. During World War II the military enjoyed VOA as a touch of home when they were overseas. The last remaining WWII shortwave transmittingstation,VOADelano,operatedfrom 1943 until officially closed on March 10, 2007. In 2014 it was placed on the U. S. General ServicesAdministration(GSA)excess property disposal list. The population of Delano, according to the State of California Department of Finance, is 52,222 including an inmate population of 8,465 housed in the California Department of Corrections and Rehabilitation facilities. The City has a diverse population mix due to its agricultural background. Major ethnic groups within the City are Hispanic, Filipino, Asian and Caucasian. In November, 2007, Delano voters approved Measure I, a 1% sales tax increase which became effective in April, 2008. The additional revenue generated by the tax is applied to the City’s General Fund and used to fund capital improvements, equipment, and many programs throughout the community. This additional revenue in 2014-2015 was $5,533,823. This measure is due to expire in April, 2018 sothe City Council has takensteps to seek acontinuation for an additional 10 years. On the 2016ballot this will be designated as Measure A. Throughout the last decade the City has attempted to stimulate commercial growth. Investors were recruited for a major retail projectin the southwest portion of the city. Phase I has seen WalMart, Ross Dress for Less and other similar or smaller retail stores opening in the 90%completed Delano Market Place Shopping Center. Phase II,The Grapevine,will consist of 42 acres of mixed use with commercial development and multi-family residential. Construction is beginning with an estimated completion date of spring,2016. Phase III, The West Pavilion, consists of 77 acres of mixed use with commercial/retail development, multi-family and single family residences. This project's Environmental Impact Report is currently in circulation. Complementing this growth are emerging industrialization efforts. The Wonderful Company (formerly Paramount Farms) has a major processing plant and expansion is possible. Sears Logistics Services, employing 220, is a major part of the industrialization. The City is actively recruiting commercial operations to bring their facilities into the community. According to the State of California Employment Development Department, the current unemployment rate for the City is 11.9%. In 2010, the unemployment rate was 37.8%. The City’s economic growth has definitely improved employment. 53

F14: According to the Department, approximately 17 years ago, the Bakersfield City and Greenfield School Districts opened their facilities for after school programs that wereplanned, organized and supervisedby the Department: • Consisted of homework help, sports, arts and crafts and non-competitive games • Schools funded half and the District funded half to cover staffing, supplies and equipment • Schools started their own programs and the Department contracts were phased out over a twelve year period • According to the Department, the costs became prohibitive when the schools began charging fees for custodians, room rentals and other costs. The Department states, “It is frustrating to see the gates locked after school and in the summer, keeping the kids out once the school bell rings” 42

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F15: The Kern High School District (KHSD) currently has a joint use agreement with the Department to use city pools for swim team practices and some swim meets. • KHSD donated money to help build the McMurtreyAquatic Center • The schools have first priority in use of the pools, outside of the City programs

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F16: As stated by the Department, “More dialogue with community leaders, school administrators and board members would result in greater opportunities for children during their out of school hours”.

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F17: According to the Kern County Superintendent of Schools, all school districts within the County have a reasonable policy to allow community use of school facilities. Educational Code §38131 (a) states: “There is a civic center at each and every public school facility and grounds within the state where the citizens, parent teacher associations, Camp Fire girls, Boy Scout troops, veterans' organizations, farmers' organizations, school-community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities,…” COMMENTS: The Committee would like to thank the Department Director and staff for their cooperation in this inquiry. The Committee concluded that under the current unusual circumstances, the staff is working diligently to protect and preserve the investment in parks and streetscapes that have been made over many years.

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Edit and Final Report Committee Mission Statement The Edit and Final Report Committee of the 2015-2016 Grand Jury has

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County Services and Special District Committee Mission Statement The County Services and Special District Committee of

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Findings & Recommendations 31 findings

F1: The District operates on a modest budget that proposes to operate at an approximate $260,000 deficit this year.

F2: The District Board of Directors has agreed to supplement this year’s budget for the District from the $1.3 million cash reserves.

F3: The oil industry is at a low period of $/barrel pricing for its product. This is expected to last for at least the next two years. The projected tax deficit will result in a revenue problem for the District extending into at least 2017.

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R8: The Committee recommends that the District complete its financial evaluation of the GHSC, including: (a) afinalized Provost and Prichard engineering study (b) a professional independent cost analysis of all options (c) discussions with the City of Tehachapi on the Forced Main option These steps should be done before any final commitment for acquisition. The Committee reminds the District that the constituents utilizing the Sewer Company represent less than 10% of the Golden Hills community. This recommendation does not preclude the issuance of a non-binding Letter of Intent by the GHCSD to reflect its interest in pursuing purchase of the company. (Findings 3,4)

F4: The District and Board of Directors has not drafted a formal contingency plan for operation of the District in the out years without the tax revenue necessary, other than to rely on limited District reserves. The contingency plan may include support from the Buttonwillow Community Resource Center which receives funding from the environmental facility.

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R1: The Grand Jury recommends that the District develop a formal contingency plan for expected budget shortfalls in the out years. The contingency plan should be communicated to the community when completed. (Finding F4)

F5: The District has a committed Board of Directors as well as having excellent facilities and staff for such a small community. The programs offered have had outstanding reviews based on the District’s Facebook page. 90

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R3: The Committee recommends that the Board follow the correct protocol for a GHCSD property acquisition decision. As defined in CSD law: (a) discuss in closed session and vote on the potential interest and reasons for a property acquisition (b) present to the community for discussion and (c) make the Board decision by vote in open session At the same time, it is recognized that a Board decision can be made independent of community involvement in the case of urgent need forimmediate action. (Finding 5)

F6: The District only posts the Meeting agendas at the District Office and does not post Meeting minutes. COMMENTS: The Committee would like to thank the General Manager for help in answering our questions and a tour of the Facilities. The District appears well run and has an excellent facility much needed for this community. The Committee wishes to acknowledge the commitment of the General Manager, District Staff and Board of Directors to the community of Buttonwillow.

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R2: The Grand Jury recommends that the District post board minutes at the District Office in addition to the Board Meeting agendas. The Grand Jury also recommends that the Board agendas and minutes be posted in a second location. The Grand Jury recommends that the District approach the Buttonwillow Chamber of Commerce about posting agendas and minutes on their website. (Finding F6) NOTES:  The Buttonwillow Recreation and Parks 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.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 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301APPENDIX: 92 93 GOLDEN HILLS COMMUNITY SERVICE DISTRICT PREFACE: The 2015-2016 Kern County Grand Jury (Grand Jury) found that board members have failed to include participation of the residents in many of the decisions impacting the community. Ralph M. Brown Act §54950 states: “Public commissions, boards, councils and other legislative bodies of local government exist to aid in the conduct of people’s business. The people do not yield their sovereignty to the bodies that serve them. The people insist on remaining informed to retain control over the legislativebodies that they have created.”

F7: The District reportedly purchased the Golden Star and Moon Drive properties for water rights. They originally had no intention for developing the two properties, other than offer a location for a Kern County fire station on the Golden Star property. In the Greater Tehachapi Area Specific and Community Plan, dated December 2010, any development of land under 2.5 acres is subject to the requirement of a public sewer system. Any request for a sewer exception must go to the Kern County Engineering, Surveying, and Permit Services. If either of these two properties were to be developed they would have to use the existing GHSC system. The development costs would be extremely high. This would result in major sanitation construction on Kern County roads to get to the GHSC. One consideration would be a bond ballot initiative that would cost the entire community of Golden Hills. However, if the District purchases the GHSC, grant monies could be possible.

F8: In open session of the Special Board Meeting of January 28, 2015, members of the Board criticized the General Manager about changing the entry code on the door to the staff office area. This disallowed unrestricted entryto Board members. Members of the Board wanted unrestrained entry to the staff offices and files. Management said “No”. The Board subsequently voted to direct the General Manager to give the Board the code for the office area. The District Handbook for Golden Hills staff states that the General Manager is responsible for all the staff employees in regard to all handbook policies. He also has the obligation and authority for ensuring these policies are followed along with all issues associated with the Privacy Act. If this policy is violated, the General Manager is expected to remediate the action and issue any disciplinary action to the employee. The Board of Directors having the same code and potential accessibility twenty-four hours a day, seven days a week, compromises the ability of the General Manager to comply with his duty. The 99 General Manager has no power over the Board if a violation occurs. Conversely, not having the codes allow a level of protection for the Board if a violation were to occur.

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R4: The GM is responsible for the security of the files, equipment and building access. It is recommended that the Board members acknowledge in writing the GM’s responsibility for security and request him to implement all actions necessary. (Findings 8,9) 105

R6: The Committee recommends that a change in policy authored by the Board should be a written change in the District policy manual. A verbal vote by the Board without the change in writing is not considered formalized policy. (Findings 8,9)

R9: Any individual who feels that he/she is being subjected to a hostile work environment, or who is a witness to such, should file a formal complaint according to the Grievance Procedures outlined in the Golden Hills District Handbook, pages 20-21. (Findings 8,9,12,14,15,22,23,25)

F9: On March 25, 2015, the President of the Board requested the District’s Password to the CalPERS account from the General Manager and was denied. At approximately the same time the request was also made by the Board President and Vice President to the Human Resources Manager and was again denied access. The Board President and Vice President are elected officials and should not have access to these types of accounts because of the Privacy Act. CalPERS is very explicit about Privacy Act violations.

F10: Starting in January 2015, the GHCSD has minimized the meeting minutes to the extent that no substantial substance has been explained on the topic issues. It has been announced by the Board that any member wishing a full description of a meeting can obtain it by requesting a recorded disc (at a fee).

F11: The Committee accessed all of the Regular Board Minutes and Special Board Minutes from the GHCSD website for 2014 and 2015(ten months). The frequency of closed meetings is excessive by Brown Act standards. Board of Director Meetings Total Meetings (Closed Session) No Action Taken 2014 Regular Board Meetings 11 11Closed Session (100%) 8 sessions 2014 Special Meetings 10 5 Closed Sessions (50%) 4 sessions 2015 Regular Meetings (to date) 14 14Closed Sessions (100%) 13sessions 2015 Special Meetings 16 10Closed Sessions (63%) 9sessions

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R11: It is recommended that issues such as writing of personnel policy should not be taken up by the Board over a period of months without sufficient professional knowledge for input. In this case, an external sourceshould be consulted. (Findings 11,12) 106

F12: Since December 2014, the primary topic of monthly closed session meetings is the General Manager’s performance review. Of 14 Regular Board Meetings, 11 had Closed Sessions to discuss the General Manager’s Evaluation and of 16 Special Board Meetings, 6 had Closed Sessions to discuss General Manager’s Evaluation. CSD law states that there should not be a closed session other than for a rare need. Personnel issues are allowed. However, continued evaluation of an employee over an extended period of time is ineffective and derisive. It can also be expected to change the work attitude of the person involved. 100

F13: Acting on the issue of lack of transparency identified by previous Grand Juries, the General Manager made the decision in late 2014 to purchase video streaming equipment for the board room. This equipment was installed February 2015, but has not been turned on for use, citing the lack of a policy directive. In the course of interviewing the Directors, it was reported to us that the purchase of the equipment ruffled the feathers of some of the Board members because it was not vetted with the Board beforehand. Yet, it is in the minutes that the purchase of the equipment was approved by the Board. The General Manager had authority to make discretionary purchases up to $30,000 without Board approval.

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R7: An absence of a policy statement by the Board President for use of the visual streaming equipment is reportedly due to lack of information that would define a best procedure for the District. The Committee recommends that the General Manager assign the task to a staff member to survey Districts that own the same or similar equipment. The objective is to compile their procedures and policy statements. From this information, it is believed that the District should write a satisfactory policy. (Findings 13, 28)

F14: Complaints and comments received from senior management and clerical employees evidence several problems with “workplace harassment” by the Board of Directors. This includes: • Interference with work performance • Intimidation • Ridicule • Threats Also, management and staff personnel have reported that some of the Directors go directly to them to assign work tasks. The GHCSD Code of Conduct §§4.04 and 8.03 says that all work activity must be assigned through the GM. Staff members have stated that the current practice is highly disruptive in their performing normal work duties. The problem has been reported to the GM and to the Board but no corrective action has been taken.

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R5: It is recommended that all staff members be informed by their immediate supervisors as to the proper chain of command for all work activity. Preferably, this will be a written instruction to each employee. In no case should a Director request that an employee of the District be asked to do a work assignment without the request going through the General Manager. (Finding 14)

F15: The General Manager, as reported by other staff members, has been coerced into doing (or not doing) what the Board demands even though requests are non-compliant with District policy. It has been said that the main threat is job security. As one example, the GM admittedly is not involved in the process of developing the Agenda packet. He attributes this to Board exclusion and the fact that the new Board Secretary does work almost exclusively for the Board of Directors. In the past, the Board Secretary did work for senior staff as well as for the Board members.

F16: In the Regular Board Meeting of November 20, 2014, some people (four identified by name) expressed their desire that the 2014 Public Employee Performance Evaluation be continued to a later date to afford additional time for review. These people were mostly related to or had friendships with the aforementioned “prominent businessman and resident”. If the Board had agreed with this action, the contracts with the employees would have expired and they would have been at risk to be dismissed with 30days’ notice. 101

F17: The 2014 Board of Directors voted on new contracts for the three senior managers before the 2015 Board took office in December. The new contracts extended the severance term from 12 months to 18 months in the event that the employee was terminated (for other than cause). The vote was 3 Aye-2 Nay and was passed. The two dissenting board members moved onto the new board along with two newly elected board members. The four members of the current Board that did not or could not vote yes to the new contracts stated to the Committee that the contract terms were essentially forced on them.

F18: The 2014-2015 Grand Jury Report to Golden Hills had the finding; “Directors are not following the Brown Act in failing to agenize items discussed in closed session.” The Board’s response to the Report stated; “The District does not have sufficient information to respond to this finding because the finding does not describe any items discussed by Directors in close session that were not properly described on an agenda”. In the regular meeting minutes of August 21, 2014, on reporting of “Memo to the Board” dated July 15, 2014, (that was turned over to the Legal Counsel for response) Legal Counsel responded that the author of the memo to the board had made some good points and that “the District would (sic) to be more diligent in announcing what will be addressed in closed session. Further, although the code is silent on the issue of public comments on closed session items, the Attorney General’s Brown Act Booklet states it would prudent to do so”.

F19: In the regular Board Meeting of May 15, 2014, one director cautioned the board; “to remain free of conflicts of interest and then discussed the same Director’s endeavor of forming a 501 (c) (3) entity entitled Golden Hills Community Center.” Earlier, on May 1, 2014, the same director had a meeting with a “prominent businessman and resident along with two other residents in hopes of building interest in the community center on the Golden Star property. This was documented in a memo to Legal Counsel. However, information about the property involved was still being discussed in closed session and was therefore a violation of the Brown Act.

F20: In the regular meeting of October 16, 2014, wherein the matter of the Golden Hills Community Center was on the agenda for discussion, the same director (refer to F19) stated, “I have received a generous offer from a “prominent businessman and resident” to provide design services, and ...did not feel the need to recuse myself from other discussion concerning usage of District properties.” Subsequently, in the same meeting, Legal Counsel provided the Board with his interpretation of the Political Reform Act relative to conflict of interest, and stated; “Provisions of the law would mandate recusal of the director if a contract involved affecting District lands.” Unfortunately, the Director had already pursued the Community Center designoffer.

F21: The 2015 election campaigns of the two new board members were run by the same “prominent businessman and resident”. All expenses were paid by this resident, with the exception of $500 that each candidate contributed. One of the other directors, a realtor,has represented the same individual in the sale of at least one property. 102

F22: The campaigns of the two elected Directors focused on financial irresponsibility and identified excessive salaries and staffing for the GHCSD. As collaborated by three sources, the aforementioned “prominent businessman and resident” made the verbal statement in the office on two occasions that “after the election, all of the managers will be gone”. Manager names were specifically identified in this pronouncement. It was reported to the Committee that this has made managers and staff feel that their jobs are in jeopardy. At the time of this report, some hourly employees are negotiating with the same union that they rejected a number of years before.

F23: At a Special Meeting of July 23, 2015, the same “prominent businessman and resident” made the statement from the podium that the three managers’ contracts are what prevent the current board from being able to fire them. “Approving those contracts was one of the worst decisions made by the previous board.” The Committee can only assume that the daughter, who is a board member, was in agreement with the statement from the podium. In fact, an ex-Director informed the Committee that the daughter asked some of the GHCSD staff “How much would it cost to cash them out?” This resident-daughter relationship is likely impacting ongoing events.

F24: One of the Directors, as well as one resident made the statement that an individual previously identified as a “prominent businessman and resident” has been developing close relations with some of the Board members and feels that he has control of the Board. This has been voicedby managerial sources as well. If the situationexists, all affected Board members could be relieved of their position.

F25: The Board advised the GM that the 2015 merit pay increases that he approved for selected staff were reduced by the Board 50% and the balance put on hold until the 2016 budget is approved. Heretofore, employee merit salary increases have been entirely at the discretion of the General Manager (CSD Law §61051 {d}). The Board stated that the level of increases exceeded the adjustment for cost of living and was considered to be excessive.

F26: A GHCSD agenda meeting is done on Tuesday, the week prior to the regular meeting. After the Board Secretary compiles the agenda, it is given to the Board President for review and approval. It is then reviewed by the District Legal Counsel for necessary changes. To comply with the requirement to make it available 72 hours prior to the CSD meeting, it would need to be posted no later than Monday PM for a Thursday meeting. The approved agenda is also given to Announced Solutions IT Services, the GHCSD webmaster, for posting on the web site. This is an involved process in a short period of time. According to interviewed sources, it does not always go as intended, meaning that the posting is lateat times, most often on the website.

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R10: It is required that the 72 hour Brown Act rule for posting of agendas be followed. It may require that the Agenda meeting be moved up one day to allow sufficient time. (Findings 26,27)

F27: According to the senior managers, changes to agenized items are frequently made only a few hours prior to the meetings. This does not comply with Brown Act requirements. The practice fails to inform District members 72 hours in advance on what will be discussed and considered for vote. 103

F28: Because of the problems created in not posting agenda items properly, the minimization of meeting notes in 2015, the ongoing decision to not use the video equipment and the large number of closed meeting sessions, there is the perception that the Board is not attempting to work on the transparency of its actions. The 2014- 2015 Grand Jury Report mentionedthe problem of “lack of transparency” as well.

F29: In early 2015 the Board changed Legal Counsel, which is totally within the purview of the Board. In the February agenda (72 hours prior to meeting), the former Legal Counsel is named in the closed session agenda to speak about water rights. Yet, in the open session February minutes (72 hours later) a new Legal Counsel is named. Since there is no mention of this potential change in previous agendas or minutes, the Committee believes that this had to have been previously agreed to by the Board in some unofficial forum. It is an obvious Brown Act violation. Legal Counsel was not officially changed until the March Regular Meeting by Board Action. At least one Board member stated that the change was made for “cause”. The Committee contacted the former Legal Counsel and he stated that he was asked to re-interview for the position with GHCSD that he had held for the past 23 years. The termination appeared to the Committee to be based on retribution for negotiating the three new contracts for the senior manager positions. And, secondly, for stating in open session that a Director would probably be subject to a conflict of interest citation if that Director pursued the use of GHCSD land for a community center while a member of the Board.

F30: There is a strong division of trust between Directors and management. Directors feel that managers are not doing their job and that they are demonstrating signs of rebellion. The management personnel, on the other hand, are seeing that the Directors want more direct control over: • personnel decisions • salaries • operational functions Heretofore, the above have been management discretionary decisions. Until the operational structure is back in line, the District does not have a good operating team.

F31: The Committee has heard comments from several sources that Golden Hills is a “bedroom community” and that people who live that style are tagged as “commuter residents.” The meaning is that they leave early in the morning, return at night and basically relax in the evening in their homes before doing it all over the next day. The inference is that these people do not have the time or energy to get involved in the issues of local government. This partially explains the relatively low attendance at the District meetings, other than a few involved citizens. COMMENTS: The Committee met and talked with all members of the Board of Directors and the senior management. Without exception each individual presented himself (or herself) with professionalism, intelligence, amicability and commitment to their job and to the Golden Hills community. It should be a great team but it is not. The problem is centered on self-motivated agendas of some the board members that interfere with cohesion between management and Directors. This generates distrust and a hostile work environment. An Ad Hoc committee was recently formed to address these problems. The Committee has high hopes that the Ad Hoc committee takes its job seriously and not be reluctant to have meaningful discussions with management on the issues and what to do about it. A former Director said it best in a letter to the Board last year when he said, “Get your differences resolved before they become fodder for those who impose an agenda that would harm our community”. The Recommendations of this Grand Jury report will address corrective actions on many areas.

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R12: To facilitate community participation, the Committee recommends that the Board should make every effort to implement the installed video streaming equipment. Constituents would then have the option of viewing those sessions at home. Evening meetings held in the Board room are not convenient for those who have commuted back to Golden Hills. Also, those over 50 years old (almost 40% of the Golden Hills population) often find that they have a night vision problem and do not want to drive to attend an evening meeting. (Finding 31)

R13: The Committee recommends that the District place the 2015-2016 Grand Jury Report on the GHCSD website and on the Golden Hills Community Services building. It is suggested that each resident of Golden Hills take time to read the report and to participate actively in their community. The governing body of the District is there to serve the community. Each member of the Board must act responsibly and according to established law to serve the community. Residents are encouraged to attend the regular and special meetings and speak up if theyare not getting the full informationin the agenda package that they deserve. The Grand Jury makes its recommendations to assist the community in defining problems that exist. However, it is up to the community to demand that the Board and management staff address the issues. (Finding 31) NOTES: • The Golden Hills Community Service 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.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 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 “stonewalling as a defense” LAMONT PUBLIC UTILITY DISTRICT The Lamont Public Utility District (District) Board of Directors has stated “No comment” on the approximate $210,000 missing from receipts or the revealed corruption involved on the McKee water line extension. The Board is taking the stance that the issues are under investigation and therefore they have nothing to say. Based on the investigation conducted by the 2015-2016 Kern County Grand Jury (Grand Jury), and reviewed with the Kern County District Attorney’s office, this position is simply not valid. While it is true that their insurance company is looking into the missing receipts issue, it does not preclude an open discussion of the people and procedures that were responsible. Likewise, the McKee waterline project is not something that has to be kept under wraps. In fact, the issue of the $240,000 waterline extension was settled by the District for a total amount of $30,000 paid by the guilty parties. Why only $30,000? A letter of explanation to the public is appropriate. PREFACE: The District was established on November 3, 1943. Its mission is “to provide safe and reliable water and sewer service in an efficient and responsible manner and at fair and reasonable prices with courteous, timely and responsive customer service”. The District also serves as liaison with Pacific Gas and Electric for the 400 street lights in the unincorporated areas of Lamont and Weedpatch. The District operates seven potable water wells in various locations throughout the service area. To provide peak-time capacity and pressure, the District has six well facilities equipped with booster pumps and hydro pneumatic tanks and one well on a variable frequency drive. Additionally, three of the wells are equipped with onsite storage tanks with capacities ranging from 125,000 to 450,000 gallons. Each well also includes a chlorination injection system to provide disinfection. In 1997, the District signed a ten year services contract with Southwest Water Co. (ECO Resources). On the expiration date of the contract, the District went back to being a public agency. The District kept five of the ECO Resources employees including the Office Manager (OM). All of the support equipment and supplies had to be purchased new for startup. PURPOSE OF INQUIRY: After receiving numerous complaints, the County Services and Special Districts Committee (Committee) of the Grand Jury conducted an investigation of the District operations pursuant to Penal Code §933.5. Also, the committee wished to determine to what extent the District had implemented the recommendations from the 2013-2014 Kern County Grand Jury report. PROCESS: The Committee interviewed the Board of Directors, the General Manager (GM), the new interim General Manager, and the Office Manager for the District. The Committee attended District Board meetings on January 25, 2016 and February 22, 2016. The 2013-2014 Grand Jury Report was reviewed. Additionally, the committee reviewed the Board Meeting Minutes covering the past twelve months and read the enacted 2014 policies and procedures for Cash Handling, Accounting, Purchasing and the Conflict of Interest Code Amendment. FACTS: A. The District has an elected five member Board of Directors with staggered four year terms. A Board of Directors has been seated since 1943 as well as during the ten years that the services were under contract with Southwest Water Co. Directors are compensated $100 for each Board Meeting. Two new Directors were elected in 2014. B. A Policy and Procedures manual, which was assembled on February 25, 2016 from various separate documents was presented to the Committee on February 25, 2016. Copies of the District job descriptions were provided on March 1, 2016. C. The General Manager position has gone through a number of interim hires, most lasting not more than six months. The latest GM was at the position about a year and a half and then resigned on January 31, 2016. He had been a consulting engineer for the District for two years and had no previous GM experience. The current interim GM was hired very quickly thereafter at the same $150,000 annual salary. D. The Office Manager who was brought in from ECO Resources in 2007 continues in the same position. At one time, however, the person was named for a short term as the Interim General Manager. The OM currently handles financial and Human Resources (HR) functions in addition to the general office administrative responsibilities. E. California law requires that the District file an audit report annually (CA Code 26909b). With prior approval by the Board of Supervisors, the audit can be done biannually, or if a small district, every five years (CA Code 26909f). F. As a result of the forensic 2009-2013 Audit Reports, it was found that there was approximately $210,000 missing from cash and check receipts. This form of payment is used by customers that come into the District office and give the money directly to the office clerks. At the request of the Board, the loss is being investigated by Great American Insurance Group. G. An extension to the McKee water line was started in 2013 and completed recently. This water line extension leads to a commercial development that is owned by one of the current Board of Directors, who is the sole beneficiary of the line extension. H. A study of the office was done in 2013 during which inspectors found asbestos in the building. This was reported by the 2013-2014 Kern County Grand Jury. The problem was recognized by the District in their response to the report stating that they included the repairs in the 2014-2015 budget and would be looking at alternatives to address the issue. I. A settlement was made with Dow Chemical/Shell Oil for $5.5 million in 2014 for problems related to water contamination in the District. The settlement was brought forward by Dow/Shell to forestall any possible litigation costs. They had previously settled with other complainants. The $5.5 million is ear marked for corrective actions. J. According to the complaints received and from observations of the Committee, the control of the Board Meetings is very poor. The Directors interrupt each other and the residents in the room tend to yell and disrupt the meeting. This problem has reportedly intensified since the election of the two new Directors. In the 1996-1997 Kern County Grand Jury Report, the recommendation was made that “the Board needs to be trained in the proper procedure to run a meeting. This should include the Brown Act and Government Code Section 1090.”

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Findings & Recommendations 6 findings

F1: The Department protects the consumers of Kern County from improper charges based on weights and measures.

Related Recommendations (1)

R1: The Department should continue its proactive practices that protect Kern County’s citizens and agriculture. (Findings 1, 2, 3 and 4) NOTES: • The Kern County Department of Agriculture and Measurement Standards 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 BAKERSFIELD, CA 93301 32 33 34 35 36 37 38 39 40 KERN COUNTY AUDITOR-CONTROLLER- COUNTY CLERK ELECTIONS DIVISION PREFACE: The right to vote is one of the basic rights of citizenship. The Kern County Elections Division (Division) provides the people of the County the means to vote. The Kern County Auditor-Controller-County Clerk is in charge of the Division which is supervised by the Elections Division Chief. PURPOSE OF INQUIRY: The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Grand Jury) inquired into the operations of the Division pursuant to Penal Code §925. PROCESS: The Committee interviewed the Kern County Auditor-Controller-County Clerk and the Elections Division Chief. The Committee conducted online research, reviewed previous Kern County Grand Jury reports, studied Division documents, and interviewed other Division staff. FACTS: The Division must give the voters an election experience that is straightforward and as simple as possible. The first step for a citizen is registering to vote which can be done in many ways. One way is by swearing under the penalty of perjury that one is eligible to vote; this is done before a registrar of voters. Additional methods include when conducting business with the California Department of Motor Vehicles, online at the California Secretary of State website, or by mail. Voter information comes from both the State and the Division. The State mails to registered voters a pamphlet covering statewide propositions and candidates. The Division mails a sample ballot which includes all statewide and local offices and issues. The sample ballot includes a vote by mail application and the location of the voter’s polling place. Vote by mail voters are mailed ballots with instructions for the marking and return of the ballots. The third part of the process is the counting (and, if necessary, recounting) of the ballots, certification of the count, and publishing the results. In November of 2014 and prior to the General Election, the Grand Jury observed and participated in the verification of the process of tallying the ballots cast by voters and the Committee decided to do an investigation following that election. Before the November 2014 General Election, the US Census estimated California had 24,288,145 potential voters. In that election, the California Secretary of State reported 17,803,823 registered voters and 7,513,972 actual ballots cast.

F2: The DIIP allows for immediate identification and location of potentially harmful insects.

F3: The GIS provides important information quickly to first responders.

Related Recommendations (1)

R2: The Kern County Board of Supervisors should give serious consideration to the plan for reorganization of the Division. (Finding 3) 42 NOTES:  The Kern County Auditor-Controller-County Clerk and the Kern County Board of Supervisors 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 WITH 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 43 KERN COUNTY SHERIFF’S OFFICE INMATE WELFARE FUND PURPOSE OF INQUIRY: Penal Code §925 authorizes county grand jury investigations of county departments. The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Jury) conducted an investigation of the Kern County Sheriff’s Office (KCSO) Inmate Welfare Fund (IWF) as used for KCSO in-custody facilities. PROCESS: The Committee reviewed past Kern County Grand Jury Reports, researched Penal Code §4025 (Code), consulted County Counsel and interviewed KCSO personnel. Online research was conducted; sheriff’s departments in comparable counties were contacted for information on their inmate welfare fund uses and practices. Additionally, financial records of the IWF were examined and programs paid for by the IWF were reviewed. Finally, the Committee attended a graduation ceremony for an IWF financed substance abuseprogram and interviewed inmates who had been in the program. BACKGROUND AND FACTS: The Code allows, but does not require, a county sheriff to establish an inmate welfare fund and gives general guidance on the uses of, limitations on, and revenue sources of the fund. The Code gives the sheriff a discretion in use of the fund. The Committee was advised by County Counsel that there is no applicable case law on the subject. In Kern County, the main sources of income for the IWF are sales of items to inmates through a commissary service and phone calls made by inmates. The accounting is separate from theKCSO’s operational fund and the Kern County General Fund. In February 2014, the Federal Communications Commission (FCC) set limits on inmate collect call rates on interstate calls and attempted to extend the rates to intrastate calls. The first action is within the powers of the FCC; the second has raised questions about the limit of Federal power. Currently, the new rates are on hold. Should the FCC prevail, current phone call annual revenue to the IWF of$1,800,000 will be reduced. The IWF is used for academic, vocational, religious, self-improvement, and therapy programs for inmates. Examples includebut are not limited to: • Academic classes: General Education Development preparation (GED), Health, and Independent Studycourses • Vocational classes: Computers, Auto Body, Cafeteria, and Food Services • Religious: Chaplain Program 44 • Self-improvement Programs: Substance Abuse, Anger Management, Life Skills, and Parenting • Therapeutic Programs: Dialectical Behavior, Seeking Safety and Veterans The IWF pays for, among other amenities, newspaper and magazine subscriptions, television sets in general inmate areas, and media services. It has been used to provide or upgrade security equipment that contributes to inmate safety. The IWF pays the salaries and benefits of personnel directly associated with IWF programs plus maintenance costs for the commissary and classrooms. The IWF has had an ongoing balance of approximately $6,000,000 for several years which indicates that the annual income of approximately $4,000,000 is balanced by expenditures. The Kern County Sheriff (Sheriff) states a significant portion of the IWF is earmarked for video visitationat the new jail facility.

F4: The Commissioner is proactive in protecting agriculture in Kern County. COMMENTS: The Committee commends the Commissioner and his staff for their openness, knowledge and frankness in answering the Committee’s questions along with their dedication to serving the citizens of Kern County.

F5: Several comparable counties have an advisory panel providing input on use of inmate welfare funds. The members were often sheriff’s personnel who serve by virtue of the office, while some were composed of civilians.

F6: The Kern County Sheriff seeks input from KCSO staff on the use of the IWF

Edit and Final Report Committee Mission Statement The Edit and Final Report Committee of the 2014-2015 Grand Jury has

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Health, Education, and Social Services Committee Mission Statement

75 pages 15 findings 9 recommendations

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Findings & Recommendations 15 findings

F1: The Center is well-organized andclean.

Related Recommendations (1)

R2: America’s Job Center should continue their outstanding service to the community. (Findings 1, 2, and 3) NOTES: • America’s Job Center 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 97 Kern County Board of Supervisors Response to Grand Jury Final Report America's Job Center Response to Findings: The Board of Supervisors notes that the Grand Jury's findings are correct. Response to Recommendations: RI: Efforts should be made to solicit more donations to stock the professional clothing collection. We concur with the Grand Jury's recommendation to solicit more donations to stock the professional clothing collection. Since the Grand Jury's tour of the East Belle Terrace facility, America's Job Center of California (AJCC) staff has received donations of both men and women's professional clothing appropriate for interviews. Staff has also reached out to stores at the Tejon Outlet Mall to seek donations of returned clothing in order to obtain more consistent donations.

F2: Modern technology is evident throughout the Center. Social media is utilized to spread knowledge of the programs.

Related Recommendations (3)

R3: Robert’s Rules of Order, the Brown Act, the Williams Settlement Agreement and Board Ethics training should be completed by all board members. (Findings 2 and 4)

R5: The public should be allowed adequate time to express their concerns in open session at Board meetings. Board Members should address respectfully the public regardingtheir concerns. (Findings 2,5, and 6)

R7: The District should consult legal counsel regarding the Brown Act on conflict of interest and personal concerns. (Findings 2 and 8)

F3: Up-to-date printing on-site allows the Center to produce professional quality materials.

F4: Veterans and their spouses receive priority over all other participants in any program.

F5: The Center targets industrial clusters according to high demand and high wages,e.g., energy and natural resources, logistics and manufacturing,etc.

Related Recommendations (1)

R4: Open session of Board meetings should be held at a reasonable time to allow public access and input prior togoing into closed session. (Finding 5)

F6: Employer-led public/private partnerships close skills gaps and increase regional prosperity.

F7: The inventory of professional clothing was limited and dated. COMMENTS: The Committee was impressed by the quality of the environment and the interest shown by the staff. They showed a deep understanding of the problems that clients arefacing.

Related Recommendations (2)

R1: Efforts should be made to solicit more donations to stock the professional clothing collection. (Finding 7)

R6: Board Members should take into consideration the needs of the entire District. (Finding7)

F8: Board Members are unclear as to what is considered a conflict of interest regarding their ability to vote on raises/stipends and other related issues that affect their immediate family members.

F9: Loss of student enrollment has placed a financial burden on the District in meeting all of its statutoryobligations.

Related Recommendations (1)

R8: The Board should address the public’s concerns to determine why so many students have left the District in hopes of re-enrolling those students. This wouldhelp placethe District on a better financial standing. (Finding 9)

F10: Home to school bus pass fees are not properly collected and accounted for. Some Board Members statedthat the fee is only voluntary. COMMENTS: The Committee would like to thank the past and present Superintendents as well as the members of the School Board who cooperated with us in this investigation. The Committee has some concerns that not all the information given by the interviewees was truthful.

Related Recommendations (1)

R9: The District should follow their adopted administrative policy concerning bus pass fees, so the fees are equally and equitably applied to all students who ride the bus. (Finding10) NOTES: • The El Tejon Unified School District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Past and present 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 DISCLAIMER: This report was issued by the Grand Jury with the exception of two jurors pursuant to Penal Code §916.2(a). These jurors were excluded from all parts of the inquiry/investigation (including interviews), deliberations, writing and approval of this report. 102

F11: Home loan guarantee information

F12: Increased self-esteem for the disabled

F14: Burial benefits D. Services available to veterans:

F15: Program reviews/evaluation

F16: Community involvement and support II. Special Education Local Plan Area (SELPA) – a geographic region of sufficient size to provide for all Special Ed services within the boundary. Kern County has four SELPAs: BCSD, KHSD, KCSOS and the remote regions of Kern County. A. Special Ed classes in the KHSD

County Services and Special Districts Committee Mission Statement The County Services and Special Districts Committee

65 pages 23 findings 12 recommendations

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Findings & Recommendations 23 findings

F1: The Board is in compliance with the Ralph M. Brown Act, Form 700 completion and Proposition 218 requirements. The Board has received Ethics Training.

F2: One or more Board Members have at least one family member employed by the District.

Related Recommendations (1)

R1: Board Members who have relatives employed by the District should recuse themselves from any financial or personnel discussions or votes on issues relating to such relatives’ employment. (Finding 2)

F3: The Board followed proper procedures for replacing a Board Member who passed away shortly after being elected.

F4: According to meeting minutes, Board Meetings run between three and five hours. 1. The agenda for February 26, 2015, contained a lengthy number of information and discussion items. 2. The Board Meeting attended by the Committee did not have sufficient seating for attendees. The audio system was inadequate, causing attendees to not hear, and speakers to not be heard. Portions of the video of the meeting were inaudible. 3. Instructions for public comment and the use of speaker cards were unclear and inconsistent. 4. According to the General Manager, funds have been allocated for a remodel of the administrative offices which would provide a larger space for public meetings.

Related Recommendations (1)

R2: Board Meetings should be improved by:  Limiting discussion and public comment to the time allotted  Reserving lengthy discussions for town hall meetings or working groups  Providing sufficient seating and an audio system that can be heard by all  All Board Members having the same access or materials in front of them during the meeting  Explaining and enforcing public comment rules (Finding 4)

F5: Due to many factors, the District has yet to apply for a current incentive program in time to be allocated funds for the District’s solar energy project; however, they could apply for a wait-list position for funding. The pace of the project has been influenced by financial and design considerations.

Related Recommendations (1)

R3: The District should continue to evaluate effectiveness of solar energy as cost savings to the District. (Finding 5)

F6: The District has been aware of the pine bark beetle infestation for some time; efforts have been impeded by public resistance to initial abatement efforts. Public opinion appears to be changing. According to the General Manager, efforts to streamline the process have begun, for example, amending an ordinance to reduce the required number of hearings. 164

Related Recommendations (1)

R4: The District should continue to expedite the work towards pine bark beetle abatement. (Finding 6)

F7: An option to treat effluent for use as lake-fill is being considered. The District may be able to reallocate funds for more Parks and Recreation amenities if treated effluent can be used for cost-efficient lake-fill instead of purchasing water.

Related Recommendations (1)

R5: The Board should further explore options for treating effluent as a less expensive source of water for lake-fill. (Finding 7) 165

F8: There is a duplication of administrative duties among neighboring community service districts’ police departments. Currently, the BVPD provides dispatch services to the City of Tehachapi. Combining police services and eliminating duplicate positions, may save both districts money.

Related Recommendations (1)

R6: The District should consider alternatives to the BVPD, such as:  Consolidation of police departments in surrounding communities  Solicitation of new clients for dispatch services (Finding 8)

F9: Ongoing litigation expenses for the Bear Valley Police (BVPD) from July 2014 through February 2015 were in excess of $200,000.

Related Recommendations (1)

R7: The District should resolve the pending BVPD personnel litigation in a timely manner in order to mitigate legal costs. (Finding 9)

F10: The District is not being compensated for flood control services it is providing that may benefit Kern County residents outside the District boundaries. COMMENTS: The Committee would like to thank the Board Members and the District staff for their time and information during this investigation.

Related Recommendations (1)

R8: The District should review the possibility of receiving compensation for flood control from Kern County. (Finding 10) NOTES:  The Bear Valley Community Service 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.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 TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror pursuant to PC §916.2(a). The juror recused her/himself from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report. 166

F11: If the District is interested in acquiring the Arsenic Removal Project grant, the District must raise water rates based on the recommendations in the Study. (Appendix B)

F12: The District does not have a Master Plan that encompasses water, street lighting, sewer and park future needs.

F13: The Committee members attended a monthly District meeting in which the Board failed to follow proper parliamentarian procedures. COMMENTS: Online search by the Committee has found a number of associations that work directly with special districts, including the California Special Districts Association. This organization includes but is not limited to legislative services, educational training and workshops, advocacy, information resources and legal advice to special districts. Organizations such as these often prove valuable to smaller special districts. The Grand Jury appreciates the cooperation of the District’s Board Members and staff in providing the requested information in a timely manner. The Committee thanks the California Rural Water Association, the California Department of Water, the Antelope Valley East Kern Water Agency (AVEK) and the Kern County Auditor Controller for their time.

F14: Following the November 2014 General Election, the Kern County Elections Division certified a five member board for the District.

F15: On May 20, 2015, the Committee was present at a properly agendized and posted Emergency Board Meeting. The meeting was convened by three newly seated District Board Members (a quorum) for the purpose of electing officers and dealing in closed session with a personnel issue. Two District Board Members and the General Manager did not attend.

F16: Also on May 20, 2015, the District’s motor-grader, an essential piece of equipment, was inoperable due to flat tires and other maintenance issues.

F17: District records show a purchase of five gift cards totaling $125 at Albertsons in November 2011, which appears to be a gift of public funds.

F18: Records show purchases unrelated to the mission of the District. COMMENTS: The Committee has not had sufficient time to fully investigate all issues that have appeared and strongly encourages that the 2015-2016 Grand Jury conduct an in-depth investigation.

F19: The District is overdue for water and sewer rate studies.

Related Recommendations (2)

R10: The Directors should educate themselves on the differences and consequences between flat and tiered water rates. (Finding 19)

R11: The Directors should do research prior to further action regarding parks and recreation. (Findings 19 and 20)

F20: Most Directors appear to lack sufficient understanding of water rates including tiered rate structures.

F21: The District has approached the Kern County Board of Supervisors to terminate the agreement for the operation of the Rosamond Community Pool and Recreation Center; no money has been allocated to the 2015-2016 District Budget for recreational activities.

Related Recommendations (1)

R9: The District should conduct a water rate study before proposing new water rates. (Finding 21)

F22: The staff provides background information on District business to Directors for agendized items.

Related Recommendations (1)

R12: The Board of Directors and District staff should work to improve their interactions. (Finding 22) NOTES: • The Rosamond Community Services 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.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

F23: Interaction between Directors and District staff appeared to be strained, and this prolonged District business during the April 21, 2015 Meeting. COMMENTS: The Committee would like to thank the Directors and the District staff for their time and information during this inquiry. During the investigation the Committee was impressed with the District Secretary’s and Auditor’s professionalism and preparedness.

Cities and Joint Powers Committee Mission Statement The Cities and Joint Powers Committee of the 2014-2015 Grand Jury

54 pages 12 findings 7 recommendations

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Findings & Recommendations 12 findings

F1: While there is reason to hire a full-time veterinarian, CALM currently does not have the funds to do so.

Related Recommendations (1)

R1: When funds are available, CALM should hire a full-time veterinarian. (Finding 1)

F2: CALM is adequately staffed with well-trained personnel. There are volunteer training programs in place.

Related Recommendations (1)

R2: CALM should continue to develop its staff and volunteer training programs. (Finding 2)

F3: A significant amount of CALM’s income comes from special events. In particular, the Holiday Lights event in December brings in the most income of all special events.

Related Recommendations (1)

R3: CALM should develop and advertise its events as much as the budget allows plus create more events if possible. (Finding 3)

F4: The building of bigger habitats for larger animals (bear, cougar, and big horn sheep) has resulted in much better environments for these animals.

Related Recommendations (1)

R4: CALM should continue to build better habitats for its animals. (Finding 4)

F5: An animal enrichment programis in place at CALM, providing environmental and sensory stimulation such as making feeding more challenging, requiring the animal to solve simple problems, and enhancing the animal’s habitat. Such stimulation improves or maintains an animal’s physical and psychological health. Black Bear at CALM

Related Recommendations (1)

R5: CALM should continue to develop its animal enrichment program for all permanently exhibited animals. (Finding 5)

F6: CALM plans to open a high ropes challenge course and zip line in 2015 that will generate additional revenue.

Related Recommendations (1)

R6: CALM should implement its plans for the opening of new activities and exhibits. (Findings 6 and 7) Cougar Enjoys Larger Habitat at CALM

F7: In the future, CALM plans to upgrade the Veterinary Clinic, purchase a digital X-ray machine, acquire a food concession, open an interactive California Coast exhibit, improve the signage on the highway, and develop a new major habitat (for example, for Tule elk, pronghorns,orriver otters).

F8: CALM is 32 years old, and upgrades are needed for this aging facility. COMMENTS: The Committee found CALM to be clean, adequately staffed, well-organized, and forward- looking. The Committee would like to thank the Zoo Manager, the Curator of Animals, and the Chief of Staff of KCSOS for their time,for an extensive tour of CALM, and for their quick responses to post-visit questions.

Related Recommendations (1)

R7: CALM should budget enough funds for the upgrades and repairs necessary to keep CALM looking well-maintained, clean, and fresh. (Finding 8) NOTES: • The California Living Museum and the Kern County Superintendent of Schools should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at www.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 57

F9: A park of 20 acres that belongs to the Kern County Parks and Recreation Department (KCPRD) is located in the City. The KCPRD is not keeping the park up to par with the City owned park. The City is currently exploring the possibility of acquiring the County owned park.

F10: The City has hired a grant writer.

F11: The City Council has allotted between $50,000 and $60,000 from sales tax revenue to start repairing the streets as there are many potholes throughout the City.

F12: In 2013, the City received a $500,000 grant from the Department of Homeland Security for: • Acomputer room,which has been completed • Helping the Police Department to conduct DUI check points throughout the City • Helping the Police Department to establish a better organized evidence room COMMENTS: The Committee would like to thank the City Manager and the Acting Chief of Police for their time, input and consideration. Their cooperation was helpful and greatly appreciated. Bothemployees have been in the office a short time and are working towardthe betterment of the City. 60

Edit and Final Report Committee Mission Statement The Edit Committee of the 2013-2014 Kern County Grand Jury has the

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Health, Education, and Social Services Committee Mission Statement The mission of the Health, Education, and Social

34 pages 23 findings 5 recommendations

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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

Special Districts Committee Mission Statement The Special Districts Committee of the 2013-2014 Kern County Grand Jury is

60 pages 16 findings 11 recommendations

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Findings & Recommendations 16 findings

F1: The District has legal counsel at all Board Meetings.

F2: Only one Board Member has water experience and previously worked for the Water District.

Related Recommendations (1)

R1: The Board Members should gain more knowledge about the water business. (Finding 2)

F3: The District does not have a current Policy and Procedures Manual. The Manager has recently written one and is waiting for Board approval.

F4: The Board is current in Ethics Training.

F5: No one is certified in Sexual Harassment Training or Brown Act Training.

Related Recommendations (2)

R2: All Members of the Board should have Ethics, Sexual Harassment and Brown Act Training. (Finding 5)

R5: The District should have a procedure in place to account for all cash taken in at the concession stands. (Finding 5)

F6: The District is getting the Outside Staff certified in CPR. Once completed Office Staff will also be certified.

F7: The District currently is without a nepotism policy. Presently there are no relatives working for the District. The Board has discussed the issue but has never established a policy.

F8: The District needs more potable water.

Related Recommendations (3)

R3: Find ways to increase funding to change non-potable water into potable water. (Finding 8) NOTES: The Arvin Community Services 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.co.kern.ca.us/grandjury, and click on: Sign up for early releases. 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 TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

R7: The District should implement a permanent Safety Officer position. (Finding 8)

R8: The District needs to update all working agreements with outside agencies. (Findings 8 and 10)

F9: Meetings usually have a small crowd with only three people in attendance at the last three meetings.

F10: The District would like to increase the area of distribution but the City fees are too high for new customers coming into the District. COMMENTS: The Committee would like to thank the District for taking the time for the interview. The new Manager has implemented several changes and the District is moving in the right direction.

Related Recommendations (1)

R6: District Manager, Program Director and Office Manager should be trained in CPR and First Aid. (Finding 10)

F11: The current agenda and minutes of previous meetings are posted at the credit union and the grocery store located in Boron.

Related Recommendations (1)

R4: The District should post minutes and agenda of meetings in the communities of North Edwards and Desert Lakes, as well as Boron. (Finding 11) NOTES: The Muroc Hospital 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.co.kern.ca.us/grandjury, and click on: Sign up for early releases. 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 TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

F12: The District does not have a Policy and Procedures Manual.

F13: The District does not have a website.

Related Recommendations (1)

R10: The District Manager needs to spend more time in the office taking care of important paper work such as the 2012-2113 Kern County Grand Jury requested response and other items such as performance reviews. (Finding 13)

F14: The Board is not up to date on Ethics, Sexual Harassment and Brown Act Training.

Related Recommendations (1)

R9: The Board should provide an interpreter for non-Spanish speaking members and audience at all public meetings. During closed session meetings when Spanish is spoken an interpreter needs to be present. (Finding 14)

F15: Boron does not have a pharmacy.

Related Recommendations (1)

R11: The District needs to aggressively advertise and recruit the best candidate to fill the vacant position of Manager. (Finding 15) NOTES: The Shafter Recreation and Park 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.co.kern.ca.us/grandjury, and click on: Sign up for early releases. 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 TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

F16: Boron does have one dentist. COMMENTS: The Committee would like to thank the Board for the meeting and providing a tour of both buildings.

* 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.

Additional documents

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