Kern County 2021-2022 - California Grand Jury Reports

July 01, 2022 — City of Arvin Measure L - 2008 Sales Tax

8 pages 6 findings 3 recommendations

Findings & Recommendations 6 findings

F1: The projected cost increases in KCFD services will have a major impact on the budget in FY 2022-2023 and for six years thereafter.

Related Recommendations (1)

R1: The Grand Jury recommends the City institute a funding source by July 1, 2022, to provide for the projected seven-year fire cost increases. (Finding 1)

F2: The bus routes have been reinstated as of May 10, 2021. Transportation is now available to the general public.

F3: The City has notified the parent companies of the stores remitting the incorrect sales tax of the mistake (Appendix A) and the procedure for any claims for refunds (Appendix B).

Related Recommendations (1)

R2: The Grand Jury recommends the City utilize unclaimed Measure L funds for road maintenance. (Finding 3)

F4: During the 2008 vote on Measure L, the community was led to believe the funds were to be used primarily for roads and public safety.

F5: The current Council, because of their lack of experience, need additional education and training.

Related Recommendations (1)

R3: The Grand Jury recommends additional education and training for the City Council, provided by resources such as the League of California Cities, by August 30, 2021. (Finding 5) 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. APP ENDIX A March 24, 2021 New York and Company MAYOR CT Corporation System Olivia Trujillo 818 Seventh St. Suite 930 MAYOR PRO TEM Los Angeles, CA 90017 Mark Franetovich COUNCIL MEMBERS RE: Notice Regarding 1% Measure L Sales Tax: Inapplicability to Jazmin Robles Daniel Borreli Businesses Located at the Outlets in Tejon and Claims Regarding the Same Donny Horton Dear Sir or Madam, CITY MANAGER Jerry Breckinridge It has come to the City of Arvin's attention that your business may be voluntarily remitting a 1% "Measure L" sales tax based on the business' location in the 93203 zip code. If so, then the City of Arvin would like to make you aware that it believes that payment of this tax is not required for businesses located in the Outlets at Tejon or at other locations outside of City limits. By way of background, the City of Arvin passed a 1% sales tax known as "Measure L." This tax only applies to transactions within the jurisdiction of the City, and is remitted by businesses to the State, who then disburses it to the City. The State provides limited information to the City regarding the specific sources of payments for taxes. However, the City has tentatively identified that it appears that a small portion of the businesses located outside of City limits, primarily at the Outlets at Tejon, may have been voluntarily paying Measure L sales tax even though they are not within City limits. This may be a potential corporate accounting issue, and the City had no role in collecting or charging the sales tax for any business located at the Outlets in Tejon or at any other location outside of City limits. The City is providing you this notice so your business is aware of this issue and can stop the process of remitting, or collecting and remitting, sales tax under Measure L as appropriate. Additionally, if you believe your business has paid the sales tax in error, you can submit a claim with supporting documentation to the City using the attached form. A copy of the Measure L claim form can also be found on the City's website at https://www.arvin.org/212/Claims-Complaints-Requests. The claim form must be completed in full and the original form must be submitted to the City. A copy of the claim form, including claim forms submitted via email, will not be accepted. The claim form will be processed once an original form has been submitted. Copies of photos, if any, related to the claim may be included with the original claim form. Phone (661) 854-3134 Fax (661) 854-0817 200 Campus Drive PO Box 548 Arvin, California 93203 New York and Company— Measure L Tax March 24, 2021 Claims can be mailed or delivered to: City of Arvin Attn: City Clerk 200 Campus Drive Arvin, CA 93203 The City is providing a half a year to submit a claim, and all claims must be submitted by no later than October 1, 2021. If you have general questions regarding the claims process, please contact Ms. Cecilia Vela at (661) 854-3134. Note that the City is unable to discuss or disclose taxpayer details consistent with the sensitive and confidential nature of such information. Phone (661) 854-3134 Fax (661) 854-0817 200 Campus Drive

F6: City officials have stated that revenue for FY 2020-2021 will be higher than anticipated and expenditures lower thus creating a more balanced budget. COMMENTS: The 2020-2021 Kern County Grand Jury would like to thank the City of Arvin’s staff for their willingness to communicate with the Grand Jury and furnish requested documents.

June 14, 2022 — Serving the Medical Needs of a Rural Area

11 pages 9 findings 7 recommendations

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Findings & Recommendations 9 findings

F1: The growing and aging population, converging with tourism, old facilities and seismic retrofit requirements, has created a need for major renovations and remodeling of the current infrastructure.

F2: There are few qualified contractors that are willing and/or able to undertake a major construction project in the Kern River Valley, limiting the breadth of the contractor bid process.

F3: The architect of record, coordinates with the KVHD Management Team and is responsible for submissions to HCAI on behalf of KVHD.

F4: The coordination between KVHD, the Architect, the Project Manager, and Construction Manager is imperative in keeping the complex task of having the hospital fully functional during construction.

Related Recommendations (3)

R1: No later than November 1, 2022, KVHD should contract with a dedicated Project Manager to work closely with an assigned liaison and the Board of Directors to oversee all phases of the entire project, establish project needs and coordinate all areas of the retrofit/remodel/build. The Project Manager should: • In conjunction with the Architect and Construction Manager, determine and define the project scope and objectives. • Forecast resources needed to reach objectives and manage resources in an effective and efficient manner. • In conjunction with the Financial Officer, prepare a budget based on the scope of work, resource requirements, and fiscal health of KVHD. • Track project costs in order to meet budget and prepare for cost overruns or unanticipated cost increases. • Develop and manage a detailed project schedule and work plan. • Provide timely project updates to various stakeholders about strategy, adjustments, and progress. • Manage contracts with vendors and suppliers by assigning tasks and communicating expected deliverables. • Utilize industry best practices, techniques, and standards throughout entire project execution. • Monitor progress and adjust as needed. • Measure project performance to identify areas for improvement. (Finding 4)

R2: Within 60 days of hiring/contracting, the Project Manager should develop a comprehensive Master Projects Schedule that will include all aspects of the construction plan. (Findings 4, 5 and 6)

R3: Plans have been submitted to HCAI and are under review. The Request for Proposal (RFP - bidding process) and contract for a Construction Manager should be completed no later than February 1, 2023, or 90 days prior to the anticipated final approval of the plans from HCAI, whichever comes first. (Findings 4 and 6)

F5: A comprehensive Master Projects Schedule has not been written to be disseminated.

Related Recommendations (1)

R7: Cease “accepting” Committee Meeting Minutes prior to their approval by the authoring committee. Minutes can be “accepted, subject to approval” by the Board of Directors if they have not been accepted by the issuing committee. (Finding 5) NOTES: • Kern Valley Healthcare 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 Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE DEADLINE: RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

F6: The completion of a construction project is dependent on having the correct personnel contracted to perform all the unique functions required for the successful completion of the build. An additional layer of management is needed to assure proper sequencing and timely performance. Specifically, this includes both a Project Manager and a Construction Manager, typically contracted professionals. Without these professionals, time frames can be extended, and materials are at risk of not being ordered and delivered on a timely basis.

Related Recommendations (1)

R4: In addition to the primary duty of overseeing a construction project, within 60 days of hiring/contracting, the Construction Manager should: • Work closely with the Project Manager to establish the requirements for the construction. • Assist in the bidding process. • Liaise with local authorities to obtain licenses and permits for the project. • Ensure the construction project complies with all safety and building regulations. • Conduct an in-depth analysis of the project to formulate the budget and develop the deliverables. • Prepare necessary reports on the project. • Maintain daily employee logs and monitor the cost codes of each one of them. (Finding 6)

F7: Inflation is a risk factor in any long-term project. A shortage of certain goods or products can create an increase in price. Likewise, when the cost of producing actual goods increases, or there is an increase in the price of products, the cost of the entire project will go up. These factors are currently being considered in the budgeting process of the project.

Related Recommendations (2)

R5: To minimize the negative impact of inflation or other construction difficulties, the Building and Planning Committee should complete a monthly cost analysis. (Finding 7)

R6: KVHD should require a Performance Bond and Labor Bond to ensure the successful completion of the retrofit/rebuild. (Finding 7)

F8: Committee Meeting Minutes are considered a legal document and open to public view once they are approved by the issuing committee. KVHD’s Board of Directors routinely approves committee minutes prior to them being approved by the issuing committee. A potential conflict exists if the draft of the Committee Minutes are approved by the Board of Directors and then corrected by the issuing committee.

F9: After a two-year hiatus, due to COVID, KVHD is resuming outreach activities addressing drug addiction and senior nutrition in the Kern River Valley. COMMENTS: The Grand Jury thanks the management and staff of Kern Valley Healthcare District and other entities for their help and cooperation in compiling this report.

May 26, 2022 — California Attorney General

28 pages 8 findings 8 recommendations

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Findings & Recommendations 8 findings

F1: Antiquated software and dissimilar databases severely hamper the ability of KCSO to fulfill the Stipulated Judgment requirements.

Related Recommendations (1)

R1: No later than December 30, 2022, funding levels should be increased for the KCSO to allow for investment in technology and data upgrades. (Findings F1, F2, F3, F5)

F2: Data is not able to be leveraged as a management and monitoring tool by KCSO due to software age or reliance on paper systems, and its inability to be able to be linked together.

Related Recommendations (1)

R2: No later than November 1, 2022, KCSO should recommend to the Board of Supervisors a ballot measure to increase the County sales tax by one percent from 7.25% to 8.25% to fund the modernization and maintenance of KCSO technology and computer software systems, to adequately staff vacant positions and to increase the scale and scope of recruitment for KCSO. (Findings F1, F2, F3, F4, F5, F6) 10 https://www.koat.com/article/doj-settlement-agreement-with-the-city-enters-7th-year-dollar20-million/35421909 11 https://oaktalk.com/2018/03/23/a-guide-to-the-negotiated-settlement-agreement-nsa-the-cost/

F3: The KCSO website needs to be modernized and updated with publically available data on use of force incidents.

Related Recommendations (1)

R3: No later than November 1, 2022, KCSO should recommend to the Board of Supervisors that a general tax be levied to fund general government purposes, which goes into the Kern County’s general fund to be approved by voters. (Findings F1, F2, F3, F4, F5,

F4: Staffing levels are at an all-time low, and the KCSO is strained by a lack of qualified candidates to fill vacancies. Positions remain vacant placing a burden on the existing workforce.

Related Recommendations (1)

R4: No later than November 1, 2022, KCSO should recommend to the Board of Supervisors to commission an independent cost-benefit analysis of the digitization of the computer systems, in which the cost to all stakeholders, in property tax revenues, is considered. (Findings F1, F2, F3, F5)

F5: The KCSO is responsible for an area nearly the size of New Hampshire. They need more funds to be able to comply with the terms of the Stipulated Judgment and to effectively enforce the law.

Related Recommendations (1)

R5: No later than November 1, 2022, the KCSO’s CAC should abide by the Brown Act (regardless of whether they are a Brown Act body), California’s Political Reform Act, set up a public website publishing meetings, agendas, and minutes for the public and set up an open, accountable process to allow community members/groups to have a seat. (Finding F8)

F6: Recruitment is not wide or nimble enough to bring in adequate candidates to fulfill vacant positions at the KCSO. Recruitment at present is insufficient and utilizes outdated methods to meet the needs of the County.

Related Recommendations (1)

R6: No later than November 1, 2022, a working committee should be set up to achieve closer cooperation between KCSO and KCHR for hiring and promotion needs to be achieved. (Findings F4, F5, F6, F7)

F7: The lack of communication and cooperation between KCHR and KCSO hampers hiring and promotion needs/requirements.

Related Recommendations (1)

R7: No later than November 1, 2022, KCSO should recommend to the Board of Supervisors to commission an independent study of the KCSO and KCHR hiring and recruitment program. This study should determine whether the program comports with those in other counties and with best practices, recommend revisions to the program, including the Peace Officers Standard and Training requirements, to be in compliance with Stipulated Judgment requirements for Diversity, Equity and Inclusion. (Findings F4,

F8: The Sheriff’s Community Advisory Council plays a large role in shaping public policy and practices for KCSO, and how it enforces the law based upon the requirements in the Stipulated Judgment. However, the lack of openness, posted agendas, bylaws and minutes, and the appointed, non-elected nature of the group, raises concerns over how representative of Kern County they are and is contrary to their stated purpose. COMMENTS: Since the inception of the Violent Crime Control and Law Enforcement Act of 1994, the Special Litigation Section of the Justice Department’s Civil Rights Division has completed at least 50 investigations of police departments alleged to have engaged in a pattern or practice of misconduct.5 When a pattern or practice of misconduct is found, formal legal means are sought to remedy the illegal activity. The United States Department of Justice (USDOJ) has negotiated settlement agreements to remedy several categories of systematic police misconduct. The police use of excessive force is by far the most common violation.6 Though the content of each agreement is tailored to the specific pattern or practice of abuse, the USDOJ relies on a core set of reform mechanisms to affect department wide change. In each case, the settlement agreement uses aggressive timelines and a court appointed independent monitor to implement changes to police departments. These reforms can change the process of hiring, promoting, policing, and effect perception and legitimacy of the departments in the eyes of the community, watchdog groups and the media, as well as possible improved relationships between state and local political government branches. These efforts helped restore accountability and confidence in police while improving public and officer safety. This has been especially helpful among communities of color, where generations of unlawful and unconstitutional policing have devastated police-community relations. However, the Trump administration broke this long-standing precedent. It did not enter into a single court-supervised agreement nor open any formal pattern or practice investigations.7 It is argued8 that states should empower their own attorneys general to investigate the pattern or practice of police misconduct and pursue court-enforceable police reform agreements when necessary. California’s Attorney General explicitly stating, “as a result of the Trump Administration abandoning its role,”9 has been quick to take up the baton and has concluded negotiated Settlement Agreements with both KCSO and the Bakersfield Police Department. In California, negotiated settlements and Stipulated Judgment plans often stretch years longer than anticipated, and are increasingly perceived as a “cottage industry” harming police morale and frustrating community residents. Monitoring teams — usually composed of former police officials, lawyers, academics, and police-reform consultants — have typically billed local taxpayers between $1 million and $2 million per year. Some consultants have served on oversight teams in more than one city at 5 (Alabaster, AL; Austin, TX; Bakersfield, CA; Beacon, NY; Cincinnati, OH; Cleveland, OH; Columbus, OH; Detroit, MI; Easton, Penn; Inglewood, CA, Los Angeles, CA; Orange County, FL; Miami, FL; Mt. Prospect, IL; Pittsburg, PA; Portland, ME; Prince George’s County, MD; Schenectady, NY; State of New Jersey, Steubenville, OH; U.S. Virgin Islands; Villa Rica, GA; Warren, OH, Washington, DC and Yonkers, NY from a database found here: https://www.justice.gov/crt/special-litigation- section-cases-and-matters/download#police (visited 3/1/22)) 6 In each case, police departments facing suit chose to avoid formal litigation by signing negotiated settlements in the form of a consent decree, Memorandum of Agreement or Stipulated Judgments https://oag.ca.gov/sites/all/files/agweb/pdfs/ripa/interactive-guide-crd.pdf (Visited 3/3/22) 7 https://www.justice.gov/opa/press-release/file/1109681/download (Visited 3/10/22) 8 https://www.americanprogress.org/article/expanding-authority-state-attorneys-general-combat-police-misconduct/ accessed 3/1/22 9 The California Attorney General also sent a letter — in support of a broader effort by state attorneys general — urging Congress to expand the Violent Crime Control and Law Enforcement Act of 1994 to give state attorneys general clear statutory authority under federal law to investigate and resolve patterns or practices of unconstitutional policing https://oag.ca.gov/news/press-releases/attorney-general-becerra-announces-major-settlement-reform-wide- range-practices; and https://oag.ca.gov/news/press-releases/attorney-general-becerra-calls-broad-police-reforms- and-proactive-efforts accessed 3/3/22 the same time, drawing criticism over conflicts of interest and with little accountability to the public. The Albuquerque Police Department, for instance, has been drawn into several extensions and has paid over $20 million to their monitoring team. The listed office has no signage, is located inside a city-owned senior center, and is not accessible to the public, with public officials being warned by the courts not to interfere.10 The Los Angeles Sheriff’s Department (LASD) - Antelope Valley Judgment has been in place since 2015. Local taxpayers are paying about $1.459 million per year to court monitors. Some of the same Monitors who are overseeing the KCSO Stipulated Judgment, also oversee the LASD Judgment. The City of Oakland's Negotiated Settlement Agreement dates from January 22, 2003, when the City of Oakland and the Oakland Police Department entered into an agreement resolving allegations of police misconduct raised by private plaintiffs in the civil lawsuit, Delphine Allen, et al., v. City of Oakland, et al. Oversight was supposed to end in 2008. Oakland’s local taxpayers have spent $30 million between 2003 and 2015 with ongoing costs totaling $1.555 million per year.11 In 2021/2022 alone, the total cost to Kern County and Bakersfield City residents will be in excess of $2.9 million. The relationship between the Monitors and the County is productive and amicable. With all of the parties working to effect the changes necessary for the Stipulated Judgment requirements to be met, there remain nationwide issues regarding the use and implementation of the Stipulated Judgment, negotiated settlements, and independent court monitors. The appearance of conflicts of interest by double dipping into the administration of multiple Stipulated Judgment agreements is not prohibited. Monitoring is a public service and should encourage the use of alternative fee structures, flat rate billing, pro-bono fees, etc. However, this is not done. Monitors have no term limits, Stipulated Judgments are not designed with partial compliance, and sustainability terms are not built in.

Related Recommendations (1)

R8: No later than November 1, 2022, KCSO should continue to publish data, including use of force, publicizing CAC’s minutes and agenda, as well as other community events, on KCSO’s website. (Findings F1, F2, F3, F8) NOTES: • The Kern County Sheriff’s Office, the Board of Supervisors and Kern County Human Resources should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE DEADLINES: RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933 (C) AND 933.05 WITHIN 60 DAYS FROM THE KERN COUNTY SHERIFF’S OFFICE: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. BIBLIOGRAPHY: • Julian A. Cook, Police Culture in the Twenty-First Century: A Critique of the President's Task Force's Final Report , 91 NOTRE DAME L. REV. ONLINE 105 (2016), https://cops.usdoj.gov/RIC/Publications/cops-p341-pub.pdf • Blair, Graeme et al. “Community policing does not build citizen trust in police or reduce crime in the Global South.” Science (New York, N.Y.) vol. 374,6571 (2021): eabd3446. doi:10.1126/science.abd3446 • Kuo, Shih-Ya, and Yuan-Chin Shih. “An Evaluation of a Community-Oriented Policing Program in Taiwan.” International journal of offender therapy and comparative criminology vol. 62,7 (2018): 2016-2044. doi:10.1177/0306624X17703719 • Peyton, Kyle et al. “A field experiment on community policing and police legitimacy.” Proceedings of the National Academy of Sciences of the United States of America vol. 116,40 (2019): 19894-19898. doi:10.1073/pnas.1910157116 • Tyler, Tom R et al. “The Impact of Psychological Science on Policing in the United States: Procedural Justice, Legitimacy, and Effective Law Enforcement.” Psychological science in the public interest : a journal of the American Psychological Society vol. 16,3 (2015): 75-109. doi:10.1177/1529100615617791 • Watson, Amy C, and Beth Angell. “Applying procedural justice theory to law enforcement's response to persons with mental illness.” Psychiatric services (Washington, D.C.) vol. 58,6 (2007): 787-93. doi:10.1176/ps.2007.58.6.787 • Rogers, Michael S et al. “Effectiveness of Police Crisis Intervention Training Programs.” The journal of the American Academy of Psychiatry and the Law vol. 47,4 (2019): 414-421. doi:10.29158/JAAPL.003863-19 • Compton, Michael T et al. “The police-based crisis intervention team (CIT) model: II. Effects on level of force and resolution, referral, and arrest.” Psychiatric services (Washington, D.C.) vol. 65,4 (2014): 523-9. doi:10.1176/appi.ps.201300108 • The Guardian produced a 6 part report based upon high use of force per capita numbers https://www.theguardian.com/us-news/2015/dec/01/the-county-kern- county-deadliest-police-killings • https://www.mondaq.com/unitedstates/white-collar-crime-anti-corruption- fraud/1117386/doj-announces-new-rules-for-federal-monitors-of-governmental- entities • https://clearinghouse.net/case/14150/ • https://www.cacities.org/Resources-Documents/Member- Engagement/Professional-Departments/City-Attorneys/Library/2014/Police-Civil- Liability-Paper-FINAL.aspx • https://d3n8a8pro7vhmx.cloudfront.net/apdforward/pages/45/attachments/original /1421111159/CNA.pdf?1421111159 • https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement • https://www.winston.com/en/thought-leadership/doj-announces-new-rules-for- federal-monitors-of-governmental- entities.html?utm_source=Mondaq&utm_medium=syndication&utm_campaign= LinkedIn-integration - _ftn2 • https://www.justice.gov/ag/page/file/1432236/download • https://www.ojp.gov/pdffiles1/nij/grants/237957.pdf • https://lasd.org/antelopevalleycomplianceunit/ - bios • https://www.koat.com/article/doj-settlement-agreement-with-the-city-enters-7th- year-dollar20-million/35421909 • https://www.ojp.gov/pdffiles/163811.pdf • https://www.justice.gov/sites/default/files/usao-wdwa/legacy/2012/07/27/SPD Settlement Agreement.pdf • http://www.fergusoncity.com/DocumentCenter/View/2019/Police- Foundation?bidId • https://oag.ca.gov/sites/default/files/Complaint Filed.pdf • https://oag.ca.gov/sites/default/files/Judgment.pdf • https://kcsomonitoring.info/ • https://spa.sdsu.edu/documents/Implementation_of_PAttern.pdf • https://oag.ca.gov/sites/all/files/agweb/pdfs/ripa/study-glaser.pdf • https://www.msn.com/en-us/news/us/police-reform-monitors-face-new-budget- limits-under-garland-doj/ar-AAOoOmf?li=BBnb7Kz • https://www.kernsheriff.org/Policies_Document/Department/Final_Proposed_Stip ulated_Judgment_Fully_Executed.pdf • https://oaktalk.com/2018/03/23/a-guide-to-the-negotiated-settlement-agreement- nsa-the-cost/

April 14, 2022 — Report: Frazier Park Public Utility District

11 pages 10 findings 2 recommendations

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Findings & Recommendations 10 findings

F1: The District website lists times of Board Meetings and agendas indicating their compliance with the Ralph M. Brown Act.

F2: The ZOOM meetings are well conducted, well-mannered and participants are given the opportunity to speak.

F3: The room where the Board Meetings are conducted is also used by staff for storage. Although, per staff comments, the public seldom attends, the room would be uncomfortable if several attended.

Related Recommendations (1)

R1: The District should attempt to locate an off-site facility to conduct Board Meetings within 180 days. It was noted by the Grand Jury the proximity to the Frazier Park branch of the Kern County Public Library which may be available at little or no cost. This could entice attendance by the public. (Finding F3)

F4: If the District attempted to replace the entire distribution system, the community could be without potable water for an extended period of time, and the cost could be prohibitive.

F5: The District is in compliance with the CSWRCB directive, requiring customers be advised by letter concerning the water contamination and what is being accomplished to remediate the problem.

F6: Per staff, the cost of printing and inserting letters into envelopes is accomplished by a local printer at a cost of $1,100 per month. The letters must be approved each month by the CSWRCB before printing. Once approved they must be translated into Spanish and submitted for printing. When printed, they are returned to the District, who then addresses, seals, attaches postage and mails. It was noted by staff they have observed customers retrieving letters from Post Office Boxes, and immediately disposing of the letters in the trash container.

F7: The entire community uses septic systems and Well 5 is downhill from several residences. If a septic system leaks, possible contaminated water is filtered into the ground and can contaminate a water source. A cursory visual inspection of residences’ septic systems located a short distance from Well 5 revealed no visible leaks. Leaks located deeper in the ground cannot be seen. A sufficient distance between a septic system and well will reduce the risk of nitrate contamination of drinking water at concentrations above that allowed in a public water supply. (Drinking Water Contaminant – Nitrate, Cooperative Extension, USDA, National Institute of Food and Agriculture, August 23, 2019)

F8: There is specialized underground leak detection equipment available that allows a field technician to pinpoint the exact location of a leak. Modern underground water leak detectors are sensitive and accurate – and allow personnel to repair a pipe as quickly and efficiently as possible.

Related Recommendations (1)

R2: The District should research and locate, within 180 days, a modern leak detector that will assist in finding any water leaks, either in privately owned septic systems or in the public water system. (Finding F8) NOTES: • The Frazier Park Public Utility 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 days TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

F9: The District has taken positive steps needed to remediate the nitrate problem.

F10: The Request for Proposal (RFP) required a specialized drilling procedure. When the proposal was released, there was no response. The RFP, when rewritten to allow other drilling methods, several bids were received. The lowest bidder was awarded the contract. COMMENTS: The Grand Jury would like to thank the General Manager and staff for their invaluable input into this investigation. The Grand Jury found the District well operated, the Board Members invested in producing the best for their constituents, and employees doing what is right for the District. The progress in correcting the nitrate levels appears slow, but the District seems to be hindered by the State of California’s protocols and approvals.

April 12, 2022 — Report: Sisc - Self-Insured Schools of California

18 pages 4 findings

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Findings & Recommendations 4 findings

F1: SISC displays a well-designed, user-friendly website, sisc.kern.org that is maintained by the KCSOS.

F2: Board meetings for all three SISC JPA systems are run in an organized, timely and businesslike manner. No violations of the Ralph M. Brown Public Meeting Act were noted.

F3: The practice of having the same Chairman (the SISC CEO) for all three SISC board meetings, although unusual, works very well. All three SISC JPA systems are adequately served and there does not appear to be conflicts of interests between the three systems.

F4: All three SISC JPA systems are above-board in their effort to be transparent and accountable to their JPA members. COMMENTS: The Grand Jury would like to thank SISC officials and staff for their cooperation with interviews, information and documentation requests. All Grand Jury requests were met in a timely and professional manner. The Self-Insured Schools of California is a tremendous organization that provides a valued service to member school entities in Kern County and throughout California. It is a shining point of pride for Kern County, in that something as valuable and well organized as SISC originated and is based here. In investigating Joint Powers Authorities in general, SISC has proved to be the model of what a JPA ought to be, and is. Schools Helping Schools — SISC answers the call.

April 07, 2022 — The City of California City a Time to Come Together, 2.0

11 pages 10 findings 9 recommendations

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Findings & Recommendations 10 findings

F1: To describe Cal City’s leadership as being in “crisis mode,” is an understatement. The City of California City’s leadership must be stabilized with qualified department heads for Cal City to survive. The practice of filling leadership positions with interim staff is not sufficient for long-term good governance.

Related Recommendations (1)

R1: The City Council should empower the City Manager to fill all director positions with permanent and qualified individuals by September 30, 2022. (Finding 1)

F2: The new City Manager and the current City Council must bridge the communication divide that exists between them and the concerned residents. Cal City would benefit if all comments, concerns, or complaints were addressed and discussed by the City Council and the City Manager, for fact and truth to prevail over anger and emotion.

Related Recommendations (1)

R2: Outside of city business meetings, the City Manager and City Council should schedule quarterly open town hall meetings, by September 30, 2022, with concerned residents; the goal being to improve communication and separate fact from emotion and anger. (Finding 2)

F3: The City Council’s lack of knowledge regarding Proposition 218 must be remediated. It is the City Council’s responsibility to assure that Prop 218 is followed and implemented.

Related Recommendations (1)

R3: By December 31, 2022, the City Council should complete in-service training on Proposition 218 legislation and review Proposition 13, the original Howard Jarvis Tax Initiative, which led to Prop 218. (Finding 3)

F4: Cal City’s water line replacement program can only be described as derelict and incompetent. Previous City Officials have continually passed the buck. The “buck” needs to stop somewhere.

Related Recommendations (1)

R4: By June 30, 2023, the City Council should complete the bidding process and hire a private contractor to finish the water line replacements. (Finding 4)

F5: The current City Council and the City Manager believe, the “buck” must stop with them. They are in the process of adopting a good plan that will eventually complete all the water line replacements.

F6: To describe Cal City’s general ledger and financial position as unauditable is shocking. Cal City must move on from past mismanagement and solve this dilemma.

Related Recommendations (1)

R5: Under the direction of a qualified Finance Director, the City Council should assure Cal City’s General Ledger is organized (per Generally Accepted Accounting Practices), so an independent financial audit can be completed by the end of every fiscal year. (Finding 6)

F7: The TDS golf course may be an unrealistic dream. However, dreams must be separated from reality. Mired in debt and low green fee revenue, a grass-roots effort from the community may be needed to save it. As it stands, TDS may not be salvageable.

Related Recommendations (2)

R6: By March 1, 2023, the City Council should commission a feasibility study to determine adequate green fees to charge TDS users. The study should also determine if private sponsorships and government/corporate grants are available. (Finding 7)

R7: By March 2024, if the TDS financial picture is not on an upward trend, Cal City should prepare to lease, sell, or divest itself from the property. (Finding 7)

F8: It appears the land purchase for the WWTP expansion was done on a rumor that local prison expansion was imminent; that the WWTP expansion was necessary to accommodate its growth. In essence, an if we build it, they will come reasoning was incorporated into the land purchase.

F9: The $3 million in wrongful termination settlements and attorney fees paid by Cal City demonstrates a major shortcoming in Cal City’s hiring and termination policies. Cal City management and the City Council would benefit from basic Human Resource law training.

Related Recommendations (2)

R8: By March 2023, the City Council should complete an ethics course in human resource law and training in the California Fair Employment and Housing Act, the Fair Labor Standard Act, and the Americans with Disabilities Act. (Finding 9)

R9: By December 31, 2022, the City Council should contract with a private agency that specializes in human resource/personnel matters, to advise their human resource employment and termination practices. (Findings 9 and 10) 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

F10: The lack of an experienced Human Resources Director has contributed to the large wrongful termination settlements. COMMENTS: In this report, three previous Grand Jury reports were referenced; a fourth is needed for context and balance. The 2018-2019 Grand Jury report, THE CITY OF CALIFORNIA CITY, “A Time to Come Together,” looked into resident complaints of fraud and collusion regarding the Measure “C” parcel tax election. The Grand Jury conducted numerous interviews, researched election law, and traveled to Cal City to observe the ballot counting procedure, and concluded Cal City ran a well-organized, legal, stand-alone election. Resident complaints of fraud and collusion, although well intended, were unfounded. It must be stressed, communication between concerned residents and City Officials must improve in order to separate fact from anger and emotion. The subtitle for this current report is, “A Time to Come Together, 2.0.” The City Manager’s office and the City Council realize the “buck” must stop with them—they must make every effort to respond to each complaint they receive. Equally, the residents of Cal City, especially those who regularly criticize and complain, must agree to thoroughly listen and give the new City Manager and new department heads a chance to rectify the problems Cal City faces.

March 22, 2022 — Report: Kern County General Services Graffiti

14 pages 6 findings 8 recommendations

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Findings & Recommendations 6 findings

F1: According to data from Graffiti Hurts, “Rapid removal of graffiti is an effective prevention tool.” The County and City of Bakersfield offer free graffiti removal on the Bakersfield City website. The process includes completing the form online and submitting your request. However, this process can be confusing because the caller may not know if they are within city limits or county jurisdiction. This causes the County Maintenance Manager to spend several hours processing graffiti removal requests, by separating city and county prior to dispatching the employee to the location.

Related Recommendations (2)

R6: Within six months, a system should be implemented that automatically directs the removal request to the proper authority (between city and county). (Finding 1) a. The graffiti abatement website needs to include an area map that CLEARLY indicates county and city jurisdictions for the reporter. b. When filling out a request for graffiti abatement online, the forms need to specify where the request is needed, in the City or the County.

R7: The City and County graffiti abatement staff should meet weekly to address their application problems until they are resolved. (Finding 1)

F2: The County graffiti abatement truck is 15 years old and has 130 thousand miles on it.

Related Recommendations (1)

R3: By January 2023, purchase a new vehicle with new equipment. (Finding 2)

F3: Sandblasters are a benefit for graffiti abatement. This makes cleaning tough surfaces like metal, and cement much easier, which saves time and money. Neither the City nor County has a sandblaster in their inventory.

Related Recommendations (1)

R4: The County should consider purchasing a sandblaster in the next fiscal year. (Finding 3)

F4: According to county employees, of all graffiti, 30% is from homeless individuals and 40% from gangs.

Related Recommendations (1)

R8: Kern County should apply for Federal Grant funds allocated for the homeless and gangs, as they are a major contributor to graffiti. (Finding 4) NOTES: • The 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.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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 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 BIBLIOGRAPHY: https://www.alpolic-americas.com/wp-content/uploads/2017/03/GraffitiResistance_050615.pdf https://artradarjournal.com/2021/11/17/10-reasons-why-graffiti-is-bad/ https://nypost.com/2021/06/02/locals-gripe-about-recent-rash-of-junkier-graffiti-in-nyc- neighborhood/ https://www.nytimes.com/2020/07/08/nyregion/graffiti-nyc.html https://www.shouselaw.com/ca/defense/penal-code/594/

F5: Currently, if an additional person is needed for graffiti abatement, they are pulled from the maintenance crew.

Related Recommendations (2)

R2: By FY 2022-2023, the Board of Supervisors should, at a minimum, double the budget of the Kern County Graffiti Abatement Program. (Findings 5 and 6)

R5: By February 2023, staff should be a minimum of three (one supervisor, one full-time employee, and one extra help). (Finding 5)

F6: The County Graffiti Abatement Program is underfunded and understaffed. Additional funds and staffing are needed immediately. COMMENTS: In 2017, Rexland Acres Park had an enormous problem with one specific area being tagged consistently. After an artist brought two gangs together and painted a mural representing both points of interest, the two gangs work together to ensure the mural is left alone. According to county employees, as of 2021, that area has not been tagged since. In January 2022, the Grand Jury visited Rexland Acres Park and observed minimal damage to the mural. Rexland Acres Mural (Photos provided by the Grand Jury) County employees estimate that at a minimum, three people and an additional truck are needed for the workload. The County’s priority should be the budget. Budget cuts affect the maintenance department first, and graffiti abatement most. Equipment should be the second priority, and then staffing. With budget cuts at every turn, the County’s graffiti program has continued to become less of a priority. Certain departments have been forced to forego an increase in wages and learn to do more with less. But, for the County of Kern’s Graffiti Abatement Program, it is more like “Doing Everything with Nothing.” (Graph created by the Kern County Grand Jury) Fiscal Year (FY) City of Bakersfield County of Kern 2018/2019 $2,130,000 $75,158 2019/2020 $2,300,000 $56,707 2020/2021 $2,390,000 $80,785 The Kern County Grand Jury would like to thank all the participants that were interviewed for providing very valuable information.

Related Recommendations (1)

R1: The Kern County Graffiti Abatement Program should have its own dedicated budget. (Finding 6)

February 14, 2022 — Report: Kern County Fire Department

14 pages 10 findings 9 recommendations

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Findings & Recommendations 10 findings

F1: At Station 45 the Grand Jury observed exposed rebar, a hole in the wall (approximately seven inches wide), running cracks in exterior wall outside of building near sleeping quarters, and garage walls. In the Grand Jury’s opinion this indicates a potential weakness in the structure. Photo provided by the Grand Jury (Station 45 building structure)

Related Recommendations (3)

R1: KCFD should, within the next 12 months, develop a comprehensive strategic plan to repair or replace all stations, 50 years and older, over the next 5-10 years. (Finding 1)

R2: The Board of Supervisors should secure necessary funds to coincide with the comprehensive strategic plan. (Finding 1)

R9: KCFD should apply for funding from the Bipartisan Infrastructure Bill immediately for Air Operations and Fire Stations in need of repair or replacement. (Findings 1, 2, 7, 9) NOTES: • The Kern County Fire Department and the Board of Supervisors should post a copy of this report where it will be available for public view. • 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 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 BIBLIOGRAPHY: https://www.firechief.com/fire-products/vehicle-equipment/exhaust-removal- systems/articles/dangerous-diesel-managing-health-risks-related-to-diesel-exhaust-emissions-at- the-station-LVq8YvsEyrsOxDdB/ HTTP://WWW.CPSM.US/WP-CONTENT/UPLOADS/2019/08/KERN-COUNTY-FINAL- REPORT.PDF https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/06/fact-sheet-the- bipartisan-infrastructure-deal/ https://www.firefighter-claims.com/ Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. DISCLAIMER: This report was issued by the Grand Jury with the exception of a Juror(s) pursuant to Cal. Penal Code § 916.2(a). The Juror(s) was/were excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report.

F2: Station 45’s kitchen did not have a Fire Ready Range Hood, fire sprinkler suppression system, or smoke detector. The nearest smoke detector is in the hallway adjacent to the bedrooms.

Related Recommendations (1)

R3: KCFD should install smoke detectors and Fire Ready Range Hoods in all kitchens within 12-24 months. (Recommendation #20 CPSM report) (Finding 2)

F3: A fire or power outage at any station would disrupt the entire KCFD operations.

F4: Station 45’s exercise area is located upstairs in the Fleet Maintenance shop. This area is a major health concern. Firefighters are exposed to diesel exhaust, carbon monoxide, metallic abrasion particles, sulfates and silicates. Photo provided by the Grand Jury (Station 45 exercise area)

Related Recommendations (1)

R8: KCFD should expand their efforts, in the next fiscal year, to reduce Firefighters’ exposure to diesel exhaust and diesel particulate matter and protect Firefighters with the goal of preventing future disease by all means necessary. (Finding 4)

F5: Station 45 is unable to park their largest fire rig inside the garage. Therefore, a covered carport was added to the garage. Unfortunately, the covered structure fails to fully cover the rig and approximately one foot is exposed to the elements. Visitor and employee parking is also inadequate. Photo provided by the Grand Jury (Station 45 garage extension)

F6: During our visit to Station 45 (constructed in 1958), the Grand Jury observed several water damaged ceiling tiles indicating roof leaks in the kitchen, hallway, and bedrooms. Photos provided by the Grand Jury (Station 45 water damaged ceiling tiles)

F7: Dip tanks are a crucial resource for KCFD’s Air Operation. Photo provided by the Grand Jury (Station 11 Dip tank)

Related Recommendations (1)

R5: KCFD should request the installation of more dip tanks with reliable water for Air Operations; at a minimum one in the Rosamond area. (Finding 7)

F8: Due to the mountainous location, Station 11 has a wild animal and vermin problem.

Related Recommendations (1)

R7: Station 11 should contact Animal Control to request one or more feral cats to help control the vermin problem. (Finding 8)

F9: KCFD’s Air Operation generator is over 20 years old, and according to KCFD firefighters, is inadequate and unreliable.

Related Recommendations (1)

R4: Replace Station 11’s Air Operation generator with new auto start back-up generator. (Finding 9)

F10: Air Helicopters 407 and 408 are retired military surplus transports (each are over 55 years old). COMMENTS: KCFD’s struggle has progressed to the point of apparatus and facility deterioration and staffing issues. As a facility ages, it may no longer meet the needs of an evolving workforce and community. This can negatively affect efficiency, morale, safety, security, and overall efforts to provide quality fire, rescue, and emergency medical services. These issues only hamper the ability of the department to keep up with an increasing number of requests for service. Further, KCFD needs to be able to set a good example of good fire and health protection for the populous. Older and obsolete facilities are also expensive to maintain. When these conditions occur, typical remedies include expanding, renovating, or replacing the existing facilities. KCFD continuously struggles to find new recruits to fill vacant positions, which leads to mandated overtime, sleep deprivation, and burn-out. In the Grand Jury’s opinion, Firefighters are regularly exposed to trauma, fatalities and dangerous situations. They must find a way to separate their personal experiences from their professional responsibilities in order to be a successful Firefighter. Fire stations are a critical community public safety asset. Fire stations do much more than simply provide a garage for apparatus and a place for firefighters to wait for a call. They are occupied 24 hours a day. The department’s operations necessitate that all stations be functional, adequate to fulfill the department’s core missions, and be well-maintained. A fire station should, at a minimum, provide adequate space for apparatus length and height. (CPSM report) KCFD is aware they face many challenges. We are a family, and we need to make sure our firefighters are doing okay, physically as well as mentally. – Kern County Fire Department Official The 2021-2022 Grand Jury would like to thank the KCFD, and County Officials for their time and hospitality.

Related Recommendations (1)

R6: Within the next 3-5 years, Helicopter 407 should be replaced, followed by Helicopter 408. (Finding 10)

December 15, 2021 — Report: City of Delano

13 pages 5 findings 5 recommendations

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Findings & Recommendations 5 findings

F1: Residents of Delano would be better represented if the City of Delano converted from At-Large City Council representation to District Based City Council representation. Because of the adverse effect of de facto segregation, this would ensure that all demographics of the city have equal representation. It would give each district the opportunity to elect someone living in his or her district.

Related Recommendations (1)

R1: Within the next five years, the Delano City Council should convert to a District Based City Council representation. (Finding 1)

F2: The current website link to the ZOOM Delano City Council webinar, on the last page of the Agenda makes it difficult to locate, especially for people with limited internet ability.

Related Recommendations (1)

R2: The Delano City Council ZOOM hyper-link on the website Agenda page should immediately be moved from the last page to the first page. (Finding 2)

F3: Delano is well within its right not to have in-person attendance at City Council meetings. This practice, however, disenfranchises those without internet access and technical expertise.

Related Recommendations (1)

R3: To benefit citizens who do not have internet access, the Delano City Council should resume in-person meetings, in addition to ZOOM, in accordance with Centers for Disease Control Guidelines, i.e., mask wearing and social distancing. (Finding 3)

F4: Delano has made an admirable effort at being transparent, via their website. Unfortunately, the Delano City Council has missed the mark in providing a Citizens’ Review Committee for Measure U spending. The Committee has not met since 2012—this is a violation of the Measure U Ballot initiative.

Related Recommendations (1)

R4: In order to comply with Measure U, the Delano City Council should immediately advertise for and empanel candidates for the Measure U Citizens Review Committee. The City Council should ensure that meetings are held yearly. (Finding 4)

F5: This crossroad Delano currently finds itself at is a tenuous one. Varying ideologies on how a city should be run exists between the City Council and city officials. This threatens to stall the progress Delano has made. The City Council and city officials must bridge the gap of their divide in order to maintain the progress and development the city has produced in recent years and ensure that future growth is not stunted. COMMENTS: The Grand Jury would like to thank the city of Delano and all who provided interviews and vital documentation for this report.

Related Recommendations (1)

R5: The Delano City Council and city officials must bridge the gap of their ideological differences. In order to improve communication and relations amongst them, the Delano City Council and city officials should initiate team-building meetings quarterly, where they can establish a positive working relationship. (Finding 5) NOTES: • The City of Delano 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

December 15, 2021 — Report: Rand Water District

14 pages 10 findings 5 recommendations

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Findings & Recommendations 10 findings

F1: The District has made progress to meet the 2018-2019 Kern County Grand Jury Report to avoid entering into receivership.

Related Recommendations (1)

R1: The District should continue the progress they have diligently worked for to better serve the communities. (Findings F1, F2, and F3)

F2: It appears the District is in a better financial position.

Related Recommendations (1)

R1: The District should continue the progress they have diligently worked for to better serve the communities. (Findings F1, F2, and F3)

F3: The District could benefit by joining the California Special Districts Association (CSDA) for assistance on the governance of the District.

F4: The official minutes have not indicated a formal recusal from any Board Members.

Related Recommendations (1)

R3: The minutes of Board Meetings should reflect that the recused left the area during the discussion or action. (Finding F4)

F5: The Board Member with a family connection has not been formally recused from any discussion regarding the litigation. This lends to the appearance of impropriety.

Related Recommendations (1)

R2: The Board Member, with family ties to the litigant, should publicly recuse from any discussion or action by the Board on the litigation before any more discussions. (Finding F5)

F6: The water loss indicated by the monthly reports appear to be substantial and is impacting the financial viability of the District. Hopefully, the new construction will reduce the water loss in the transmission line. Town site loss needs to be addressed also.

F7: Because of administrative and engineering delays, the District will need to request an extension of the construction completion date.

Related Recommendations (1)

R4: The District should seek assistance from project management to request, within the next 60 days, a final date extension so no penalty fees are assessed. (Finding F7)

F8: The District will be severely impacted financially if the rate increase is reversed: • Any income derived from the rate increase could be required to be refunded to customers. • The District could struggle to remain financially viable. o A question was asked and answered in the Rate Study Questions and Answer portion of the Proposition 218 hearing. Comment: The previous manager left the District with a large monetary surplus. Response: Currently, the District does have some money in the bank; however, this money will not last if the District continues to run at a yearly deficit, in fact, by FY 2025, there will be a negative balance if no action was taken.

F9: To minimize what appears to be a misrepresentation of information throughout the communities, the District could include an “information newsletter” when monthly statements are issued. Some of the issues to cover could include: • Progress on the system upgrade • Financial information • Board actions which could affect the customers • A positive message from the Board President • Reminder of upcoming Board Meetings

Related Recommendations (1)

R5: The District should open some form of communication within the next two billing cycles to the customers to show progress and transparency. (Findings F9 and F10) 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. APPENDIX:

F10: A change in the Board Meeting time to an earlier hour in the evening or, a Saturday morning time, may encourage greater public participation. COMMENTS: The Grand Jury was pleased to see the progress this District has made between the previous report and now. The District welcomed the Grand Jury and was helpful in acquiring the information needed.

December 02, 2021 — Report: City of Bakersfield

19 pages 8 findings 5 recommendations

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Findings & Recommendations 8 findings

F1: The City initially did not realize the magnitude of the erroneous filings until numerous employees and retirees informed them of the problem.

F2: According to California Civil Code, §1798.29, a data breach did not occur.

F3: The City’s response to the erroneous filing has been adequate, although they should have informed the retirees sooner.

F4: Because retirees were not informed until four months later, this put them at risk of unnecessarily paying extra taxes, not to mention the risk of identity theft. This is unsettling.

F5: It is further troubling that the infrastructure of a city as large and prosperous as Bakersfield did not discover the internal source of the error for eight months.

F6: It is inconceivable that in this age of cybercrime, the City does not have written Policies and Procedures for dealing with data breaches and possible ransomware. A Policies and Procedures Manual will define and mandate the actions to deal with breaches and other information issues regarding sensitive information such as salaries, employee/retiree data.

Related Recommendations (2)

R1: The TS and Finance departments should generate a written Policies and Procedures Manual, by the end of the current fiscal year, which mandates the immediate notification of all employees and retirees of any data breach or erroneous IRS filing. (Finding 6)

R2: The TS and Finance departments should create a written Policies and Procedures Manual, by the end of the current fiscal year; one that defines and mandates action necessary to deal with potential data breaches, malware and ransomware information issues. (Finding 6)

F7: It appears the City’s TS Department is understaffed, to adequately deal with the current onslaught of cybercrime. This places the City in jeopardy of further information breaches.

Related Recommendations (1)

R3: Within the next three months, devote funding to recruit and retain qualified Technology Services staff. (Finding 7)

F8: Current City Finance and TS staff are in dire need of ongoing in-service training on quality control issues regarding the current TS system in use. COMMENTS: The Grand Jury would like to thank the City of Bakersfield for their participation, cooperation and assistance in being available for interviews and providing information for this report.

Related Recommendations (2)

R4: Within the next three months, provide training to TS and Finance staff to deal with the inadequacies of the current information data system. (Finding 8)

R5: Make it a priority to complete the Request For Proposal (RFP) process and implementation of an updated software system. (Finding 8) 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 DEADLINES: • REQUIRED WITHIN 90 DAYS FROM: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. 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.

December 01, 2021 — Report: Buttonwillow Recreation and Park District

20 pages 12 findings 7 recommendations

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Findings & Recommendations 12 findings

F1: The facilities are excellent, given the size of the community, providing numerous activities for both children and adults. Maintenance of the buildings and grounds demonstrate a dedication to the surrounding community.

Related Recommendations (1)

R1: The District should conduct a survey, schedule a town hall meeting, and ask the entire community what activities they would prefer before the next fiscal year. Informing the community of the financial situation should be done at this time. Adjusting the programs to fit the community could create better utilization of the facilities. (Findings 1, 2, 3, 4 and 8)

F2: The building rental rates, the sport field rental and program fees are comparable to fees in other nearby districts. A fee increase could be imposed in the physical fitness facilities.

F3: The demographics of the population suggests that the activities could be planned to match the age and social desires of the community.

F4: The population of Buttonwillow is declining which may reduce utilization of the facilities.

F5: The current debt service cost is more than the property tax revenue. This tax revenue will not be substantially increased in the foreseeable future.

Related Recommendations (1)

R2: Within the next twelve months, the Board of Directors should seek advice from county officials about the possibility of seeking an additional parcel fee to be applied to the bond debt until retired. The proposal of the fee would require an extended time to bring before the constituents for a vote. Advice should be sought quickly to establish a plan, before the District has exhausted its Reserve Fund. (Findings 5, 6 and 7)

F6: The District will exhaust the Reserve Fund in about five years at the current rate of withdrawal.

F7: When the reserve funds are exhausted, the facilities will not be maintained, staff will be reduced and programs diminished. Such a loss would be detrimental to the community.

F8: Informing the community of the financial dilemma could energize the community to become more involved.

Related Recommendations (3)

R3: The District should continuously seek to find other sources of revenue. Increasing fees for some programs will help. Other revenue sources could be selling refreshments at sporting activities, offering a Casino/Bingo night, or a meal in the evening for a reasonable cost using volunteers to assist. The community and District must think outside the box to avoid further financial instability. (Findings 8 and 9)

R4: Although it would increase the financial burden, the District, prior to establishing the fiscal year 2022-2023 budget, should establish a goal to find a qualified General Manager. Another alternative could be to offer to an in-house individual who would qualify if, at the District’s expense, they agree to pursue the education required. They could also function as Interim General Manager with mentoring from other General Managers. (Findings 8 and 9)

R7: The District should, within 90 days, propose selling naming rights for the gymnasium or sports field, in consideration of an annual donation from a company or individual. Also, advertisement banners could be solicited from companies to be placed on the walls of the gymnasium with an annual donation. (Findings 8 and 9) NOTES: • The Buttonwillow 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.kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE DEADLINES: RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

F9: The District needs to increase revenue to continue the dream of bringing a high level of recreation to the area; a full-time General Manager would be an asset in accomplishing this task.

F10: A solar power system could be installed in the parking area to assist in lowering energy costs.

Related Recommendations (1)

R5: Before the higher energy usage season, the Board of Directors should inquire into the possibility of installing a solar system to help lower energy costs. Further research should also be conducted to seek a grant for such a project. (Finding 10)

F11: The repair cost of the children’s wading pool is estimated to be over $7,000. This is a cost the District cannot afford. This will affect the quality of life in the community.

Related Recommendations (1)

R6: The District should, within 90 days, make the community aware of the major repair costs of the children’s wading pool. A community-minded company or individual could step forward to fund. The pool could then be named after the donor if desired. (Finding 11)

F12: Board and staff reside in the area and are dedicated to providing recreational activities for the entire community. Some of the Board members sponsor and/or coach a youth sports team in season. COMMENTS: The Grand Jury would like to thank the Directors and staff for the valuable input into this investigation. The willingness to come forth with the requested information is admirable. During the interviews, a comment, “children deserve the best” was made. The Grand Jury recognizes the District has to provide recreation for the community. Although they are in a financial dilemma, the Board and staff are positive the dream can be maintained—that Buena Vista—Good View—may make the dream a reality.

November 03, 2021 — Report: Cawelo Water District

12 pages 3 findings 3 recommendations

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Findings & Recommendations 3 findings

F1: The only measurable, sustainable, and reliable source of District surface water is produced water from the two oil production companies.

Related Recommendations (1)

R1: The District should investigate if more produced water is available from current or additional oil field production companies. (Finding F1)

F2: The District will need an additional supply of surface water if drought conditions continue.

Related Recommendations (1)

R2: The District should seek to find additional water to offset any shortages before the next water year. (Finding F2)

F3: Resolving the disagreement between the District and the City would be beneficial. COMMENTS: The 2021-2022 Kern County Grand Jury would like to thank the staff at Cawelo Water District for their willingness to furnish the information as requested. We would also like to thank the Regional Board staff and City officials for assisting in gathering information contained in this report. The Grand Jury would like to commend the Cawelo Water District for operating a well- functioning organization.

Related Recommendations (1)

R3: Negotiations with the City should commence before the next water season, reminding the City of the participation of the District in the acquisition of the Tenneco water rights. (Finding F3) NOTES: • The Cawelo 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury

July 15, 2021 — Report: Park Rangers and Security

14 pages 16 findings 7 recommendations

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Findings & Recommendations 16 findings

F1: Repair costs on vehicles have increased dramatically since the 2018 – 2019 Kern County Grand Jury report: • 2018 – 2019 $ 756 • 2020 – 2021 $47,843 There are 25 vehicles; six are 2006 models and 19 are 2013 or older.

Related Recommendations (2)

R5: By July 1, 2023, the current Park Ranger fleet should begin replacing aging vehicles, with better-equipped vehicles for off-road use. (Finding 1)

R7: The Kern County Park Rangers and Security personnel should continue to apply for grants for additional funding. (Findings, 1, 6, 7, 8, 12, 14 and 15) NOTES: • The Board of Supervisors should post a copy of this report where it will be available for public review. • Persons wishing to receive 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 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 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 BIBLIOGRAPHY: https://oag.ca.gov/ab953/regulations#categories https://www.reserveamerica.com/outdoors/how-to-become-a-park-ranger.htm https://www.zippia.com/park-ranger-jobs/demographics/ https://post.ca.gov/racial-and-identity-profiling-act https://cms1files.revize.com/revize/ranchosimi/staff%20and%20board/rangers/authorityofpa rkrangers.pdf https://www.douglas.co.us/mountain-bike-patrol-program-brings-open-space-rangers-to- you/ 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

F2: Stop Data Collection Forms are required to satisfy RIPA Regulations. All Park Rangers must complete a report with each stop. This report is uploaded into the computer by a RIPA trained officer and given to the Chief Ranger who is responsible for forwarding the information to the California Department of Justice. (See Appendix)

Related Recommendations (2)

R1: By November 30, 2022, one additional staff member should be hired full-time in an administrative position to assist the Chief Ranger with RIPA regulated paperwork as required. This would free up two Rangers to resume their regular duties. (Finding 2)

R4: By July 1, 2023, six additional staff should be hired: three full-time Park Rangers and three part-time Park Rangers. (Findings 2, 6, 14, 15 and 16)

F3: As of January 1, 2022, the Peace Officers Standard of Training (POST) is no longer a requirement for the condition of hiring Park Rangers. This exemption allows for more individuals to qualify for employment. However, applicants are required to complete other training during their employment.

F4: The Park Rangers have contracted with a local range facility for all their range qualification needs at no cost.

F5: All Park Rangers carry trauma first-aid backpacks that DO NOT include Narcan® (Naloxone). Narcan® has become a well-known antidote to reverse an opioid overdose.

Related Recommendations (1)

R3: By January 1, 2023, all Park Rangers should be trained and required to have Narcan® in their possession while on duty. (Finding 5)

F6: Park Rangers issue approximately 300 citations per month. Monies collected from citations goes directly into the Park Ranger budget. All Administrative citations are: ▪ 1st citation $100 ▪ 2nd citation $200 ▪ 3 or more $500 ▪ Parking Citations $ 40 (See Appendix)

Related Recommendations (1)

F7: The funded 24-member staff has not changed since the 2018 – 2019 Grand Jury report.

Related Recommendations (1)

F8: In 2021, Douglas County, Colorado Park Rangers launched a Mountain Bike Patrol Program that has steadily gained popularity. According to staff, this allows for more frequent interactions with visitors. It also allows for good trail etiquette, assessment of conditions, and how people are using the trails and properties. (See Bibliography)

Related Recommendations (2)

R2: By January 1, 2023, the Park Rangers should purchase four electric bicycles: two for Hart Park and two for Lake Ming. (Findings 8 and 13)

F9: All-Terrain vehicles (ATVs) and watercraft training is provided by a Park Ranger stationed at Lake Isabella.

F10: Park Rangers and Security Officers are certified to use the California Law Enforcement Tracking System (CLETS) and the Criminal Justice Information System (CJIS) as needed.

F11: A background check and Live Scan® are conducted prior to hiring a Park Ranger. There is also a complex psychological and physically demanding aspect of the test that includes swimming. Security positions use the basic Kern County background check procedures and do not require these security positions to pass the swim portion of the test.

F12: Security Officers are also responsible for the safety and security of individuals at some County buildings.

Related Recommendations (1)

F13: Due to the large acreage of Hart Park and Lake Ming, there are rough terrains, off-road paths, and Riparian Preserve areas, which are in desperate need of non- motorized patrol. Park Rangers do not have bicycles. According to staff these would allow them to patrol areas with ease.

F14: The most common animals abandoned at Hart Park and Lake Ming are cats, but pigs, goats, and chickens have been abandoned as well.

Related Recommendations (2)

R6: By January 1, 2024, Hart Park and Lake Ming should have 24-hour patrol coverage. According to staff, this will deter illegal animal drop-offs, overnight stays, and homeless encampments. (Findings 14, 15 and 16)

F15: Over the years, Hart Park and Lake Ming have been overwhelmed with homeless individuals and overnight camping, which is prohibited.

Related Recommendations (1)

F16: Two Park Rangers (Homeless Enforcement Team) are specifically assigned to handle the needs and complaints concerning the homeless. COMMENTS: In 2018 – 2019 the Grand Jury authored a report on Park Rangers and Security, which made six recommendations. The Park Ranger and Security personnel are commended for completing all recommendations in a timely manner. The Grand Jury would like to thank all General Service employees who participated in gathering information for this report.

Additional documents

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