Kern County Grand Jury

2022-2023

7 reports

Findings & Recommendations 5 findings
F1: Based on the population growth of 47%, and the increase of 59% in the Coroner’s work load, a facility large enough to handle 200 decedents at any time as needed. The Sheriff’s Office and BOS have supported a need for a larger facility to house the Coroner’s operations, but funding has not been allocated.
Related Recommendations (1)
R1: Within the next fiscal year (June 2020), the Sheriff should develop a plan for presentation to the BOS making the Coroner’s facility a priority in acquiring the need of additional space. (Finding 1) The Coroner’s Office has been actively searching for a new facility location since 2018. A location has been selected and drawings for a new facility were developed in 2019. Efforts are in progress to investigate funding for a new facility in FY 20-21.
F2: A major power outage would be catastrophic to the Coroner’s facility without a dedicated backup power system. This could result in the refrigeration units containing decedents losing power if backup power is diverted to maintain Kern Medical. 2022-2023 Kern County Grand Jury Report
Related Recommendations (1)
R2: Within the next fiscal year (June 2020), the Sheriff should develop a plan to provide dedicated generators to maintain the refrigeration systems in the main building and warehouse. (Finding 2) The Coroner currently receives back-up power from Kern Medical during a power outage. Kern Medical conducts monthly power transfer drills, which include the Coroner Facility, to ensure the back-up system works. Additional outside generators would be obtained should Kern Medical divert power from the Coroner Facility.
F3: The staffing turnover of Deputy Coroners has been significant due to dealing with decedent remains, cramped working conditions and consistent overtime: all of which lead to staff burnout. Support resources are inadequate to meet these issues.
Related Recommendations (2)
R3: The Sheriff should develop a plan for ongoing in-service training to support probationary Coroner’s staff. This training should include sustaining mental health, coping with job demands and complexities along with learning the necessary skills and techniques for competent job performance. (Finding 3) Discussions are in progress about developing ongoing in-service training to support all Coroner staff. The training would include health and wellness focus, coping with job demands and complexities, and more hands-on support of new staff. Peer support and employee assistance programs are available for staff and supervisors are familiar with the services and how to access them.
R4: The Sheriff should increase the number of Deputy Coroners to allow for a four-day, ten- hour (4/10) work week, reduce the number of overtime hours, minimize burnout, and lessen the need for on-call coverage. (Finding 3) 2022-2023 Kern County Grand Jury Report Three Deputy Coroner vacancies were filled during 2019 and one of the three trainees are working independently. The next two trainees are expected to be cleared from the background process in the next month and will begin the 12-month training process. As soon as we have eight fully trained deputy coroners, we plan to return to a four day, 10-hour (4/10) work week schedule to reduce the number of overtime hours, minimize burnout, and lessen the need for on-call coverage. Additional positions may be requested to allow double coverage on high-volume shifts so that vacations, trainings, sick leave, etc. does not place additional burden on staff who must cover a vacant shift during absences.
F4: Building security for the Coroner’s facility is a continual concern. The security of high- profile decedents is an additional concern.
Related Recommendations (1)
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) Attention to building security has been increased. A threat assessment was completed, and security improvements were recommended. Most of the security recommendations have been implemented and the remainder of improvements are currently in progress. No barriers are available to secure the Coroner Facility located within the Kern Medical complex or as a shared facility with the Kern Medical Pharmacy without hindering Kern Medical Operations and parking.
F5: In case of a fire in the warehouse, a sprinkler system would do more harm than good due to the nature of the records stored. The Coroner would benefit from a modern system for storing records. 2019-2020 GRAND JURY RECOMMENDATIONS AND RESPONSES: (Kern County Sheriff’s Response in bold print)
Related Recommendations (1)
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) Fire suppression methods for the Coroner records include fire extinguishers and sprinklers located within the warehouse facility where records are kept. Kern County Fire is familiar with the warehouse/contents and have emergency phone numbers. New methods of record storage retention and fire suppression are included in the proposed new building design. DISCUSSION OF FACTS: The BOS adopted funding and acquired the building at 34970 McMurtrey Avenue, Bakersfield, which is approximately 107,000 square feet. This massive multi-story, single structure is currently being remodeled to accommodate not only the Coroner/Public Administrator’s Office, but also the Internal Affairs Office, the Civil Division Office, and the Property Room. It is estimated that over 50% of this building will be devoted to the Coroner/Public Administrator’s use. Completion is estimated to be July 2024. The County has the right of first refusal on two adjacent empty lots which gives the County flexibility for future growth. On May 16, 2023, the Grand Jury toured the McMurtrey Avenue building and encountered an active building site. When completed, the Sheriff/Coroner’s Office will have: • Five autopsy work stations (previously two) • Decedent storage for 350 (previously 40 to 50) 2022-2023 Kern County Grand Jury Report • Separate secured property room with a high density filing storage system and separate secured area to house Coroner’s homicide information • Chemical fire suppression for records system (previously water system) • Automatic backup generator system (previously borrowed power from Kern Medical) • Complete interior and exterior video surveillance • Two electric vehicle charging stations Currently, the budget allows for 14 Deputy Coroners; nine positions are filled. Of the nine, three are trainees not qualified to work cases unsupervised.
Findings & Recommendations 9 findings
F1: The current fleet of 11 vehicles does not include four-wheel drive or off-road vehicles. Nine of the 11 vehicles are over 10 years old and 10 have between 110,000 to 230,000 miles. The fleet does not meet Code Compliance Officers’ requirements to drive off-road in various terrains to investigate illegal dumping, and homeless encampments above and underground.
Related Recommendations (1)
R1: By January 1, 2024, the County of Kern Public Works Department, and the Kern County Board of Supervisors should begin replacing the current Code Compliance fleet of vehicles with high-ground clearance, and/or four-wheel drive vehicles, to be completed by 2028. (Finding 1)
F2: The Code Compliance’s clerical staff, while extremely efficient, is understaffed for the size of the workload.
Related Recommendations (1)
R4: By January1, 2024, the County of Kern Public Works Department, and the BOS should hire one additional Office Service Specialist and one Office Service Technician to alleviate the backlog in paperwork. (Findings 2 and 3) NOTES: • The Kern County Board of Supervisors, the Kern County Sheriff, and the County of Kern Public Works Department 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 159 RESPONSE DEADLINES: • REQUIRED WITHIN 90 DAYS FROM: County of Kern Public Works Department o Kern County Board of Supervisors o • REQUIRED WITHIN 60 DAYS FROM: Kern County Sheriff o RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c) AND 933.05: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 160
F3: Currently there is only one OSS and three OSTs; any absences create a substantial backlog of work. This group of individuals works very hard daily to keep our community clean and safe.
F4: A law enforcement officer is legally allowed to remove homeless individuals during an encampment abatement. Code Compliance Officers do not have this authority. Law enforcement’s response may take one to three hours, if at all. At times, the Code Compliance Officers must reschedule an encampment abatement due to no response from law enforcement, which incurs additional expenses. The lack of timely law enforcement assistance hampers the overall effectiveness of the Code Compliance Division.
Related Recommendations (1)
R2: By January 1, 2024, the County of Kern Public Works Department, and the BOS should create a partnership with the Kern County Sheriff’s Office to have an assigned deputy assist Code Compliance Officers at least one day per week for abatements. (Findings 4, 5, and 6)
F5: Safety Standard Policy requires Code Compliance Officers to request the presence of law enforcement for assistance. Law Enforcement considers abatement a low priority.
F6: The authoritative presence of law enforcement makes abatements much faster and less risky.
F7: Code Compliance Safety Standard does not require officers to carry oleoresin capsicum pepper spray, which would be beneficial in threatening situations.
Related Recommendations (1)
R3: By January 1, 2024, the County of Kern Public Works Department, and the BOS should train and require Code Compliance Officers to carry Personal Protective Equipment to include, at a minimum, pepper spray. (Findings 7 and 9)
F8: According to Flood Ministries, a non-profit organization which partners with Code Compliance, it takes an average of 17 contacts with an organization before a citizen accepts shelter. The most common reasons for refusing assistance are referred to as the 3Ps: Possessions, Pets, and Partners. These factors exacerbate the abatement process.
F9: The Code Enforcement Officer Safety Foundation recommends the following Personal Protective Equipment for all Code Compliance Officers. However, it would be beneficial to utilize some, if not all, of the items listed below: 1. Radios-Preferably to local Police or Sheriff Office with access to a monitored dispatch system. 2. Body Armor- Level IIIa+ either concealable under the clothing or worn externally. 3. OC Spray (Pepper Spray) - Typically provided by the jurisdictions Police Department with training. 4. ASP Expandable (expandable baton) - Requires POST training class, but very helpful with general self-defense and animals. 5. Tactical Flashlight - Important for interior inspections or work at night. COMMENTS: Most residents have noticed that homeless are residing on streets, parks, under bridges, and in abandoned buildings that may be damaged by fire. Winter weather in Kern County is commonly referred to as “Fire Season” by Code Compliance due to fires set by homeless living in vacant buildings. According to the Kern County Fire Department, over 40% of structure fires are started by homeless individuals. One study by Boston Health Care for the Homeless Program showed the average life expectancy in the homeless population is estimated between 42-52 years. Often the first step to moving homeless individuals into a shelter is a Code Compliance Officer who is working on a complaint. The focus is to clean up the encampment and possibly find housing for that individual. Unfortunately, many homeless do not choose to go to a shelter, because of the rules that must be followed. Some refer to shelters as “soft incarceration.” In 2021, a Kern County ordinance was passed requiring officers to offer shelter to individuals that are living in encampments on public property. Although it is not required on private property, Code Compliance Officers will contact other organizations such as Flood Ministries, Behavioral Health, and Veterans Affairs, to inform them of homeless encampment abatements, hoping they will accept shelter. The 2022-2023 Grand Jury would like to thank the entire County of Kern Public Works Department, Code Compliance Division, and Kern County Sheriff’s Office for their time, expertise, and hospitality.
Findings & Recommendations 7 findings
F1: Transparency is an important part of governance. To ease differences, when TCCWD forms an Ad Hoc Water Priority Committee for writing the Water Ordinance, the public would be better served with the inclusion of all stakeholders.
Related Recommendations (1)
R1: The Board of TCCWD should replace the Ad Hoc Water Priority Committee with a permanent Standing Water Committee, and include representatives of Stallion Springs CSD, the City of Tehachapi, Golden Hills CSD, Bear Valley Springs CSD, as well as representatives of agricultural interests and other customers, to create future Water Ordinances by November 1, 2023. (Finding 1)
F2: Instead of Ad Hoc committees, if TCCWD formed two permanent standing committees, one for Operations and another for Finances, ongoing reports would be made to the Board.
Related Recommendations (1)
R2: TCCWD should form a permanent standing committee for Operations and Budget/Financials respectively by November 1, 2023. (Finding 2)
F3: TCCWD, in their function as Watermaster, stated they are a water use agency not a land use agency. They resist residential development based on the additional water needed. Often this leads to disputes and/or litigation which delays or totally stops some projects.
F4: Through interviews with TCCWD Board members, it appeared that they had incomplete knowledge of some of the issues on which they were asked to vote.
Related Recommendations (1)
R4: Board members of TCCWD should receive training and briefings regarding agenda items being considered for action and/or voting by January 1, 2024. (Finding 4) 169 NOTES: • The TCCWD and the City of Tehachapi 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: TEHACHAPI-CUMMINGS COUNTY WATER DISTRICT O • REQUESTED WITHIN 90 DAYS FROM: THE CITY OF TEHACHAPI O • REQUESTED WITHIN 90 DAYS FROM: GOLDEN HILLS COMMUNITY SERVICE DISTRICT O RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c) AND 933.05 WITHIN 90 DAYS TO: PRESIDING JUDGE • KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 FOREPERSON • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. 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. GLOSSARY: Ad Hoc: Defined as temporary. An Ad Hoc committee is usually formed to do one task one time only. Brown Act: The Ralph M. Brown Act is a California law that guarantees the public’s right to attend and participate in meetings of local legislative bodies. Per California Government Code §54950 et seq., it is an act of the California State Legislation authored by Assembly member Ralph M. Brown and passed in 1952. Community Service District (CSD): A Community Service District is a form of independent local government used to provide services in unincorporated areas of a county. A CSD is authorized to provide a wide variety of services including water, garbage collection, waste-water management, security, fire protection, public recreation, street lighting, mosquito abatement, conversion of utilities to underground, library services, ambulance service, and graffiti abatement. Lead Auditor Partner: An audit partner is a full partner at an accounting firm with a financial stake in the company. Local Agency Formation Commission (LAFCo): LAFCo is in all 58 California Counties. LAFCo is responsible for reviewing and approving proposed jurisdictional boundary changes, including annexations and detachments of territory to and/or from cities and special districts, incorporation of new cities; formation of new special districts; and consolidations, mergers, and dissolution of existing entities. Additionally, they also promote orderly growth, discourage urban sprawl, preserve agriculture and open spaces, encourage efficient, sustainable public services, and consider regional housing needs, adequate water and other services. Memorandum of Understanding (MOU): A Memorandum of Understanding is a type of agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action in good faith. Ordinance: An ordinance is a law or decree by a municipality, i.e., a local law. Standing Committee: A committee formed to do a job and meet regularly, like financials, logistics, operations, maintenance, creating rules, laws, policies, ordinances, ethics, human resources, etc. State Water Project (SWP): The State Water Project is the nation’s largest state-built water and power development conveyance system. The primary purpose of the SWP is to provide a water supply and delivery system to State Water Project Contractors that in turn distribute water across California. Tertiary Quality Water: Reclaimed water undergoes tertiary treatment, which involves a variety of processes to purify the water. After tertiary water treatment, the water can be pure enough to drink; it is potable quality water. Note: Prior to tertiary water treatment, wastewater typically goes through primary then secondary treatment processes: • In primary treatment, all that is done is to put the water in large tanks or ponds to let the solid material, called sludge, either float to the surface or settle to the bottom. The water is then usually chlorinated, and the sludge is treated and disposed of in various ways. • Most wastewater undergoes secondary treatment as well as primary treatment. The most common method is to sprinkle or trickle the water over a bed of sand or gravel. As the water filters downward, it is put into contact with oxygen and microorganisms, which work together to break down the organic matter in the water. The water is then usually chlorinated before it is released into the environment. Watermaster: The Watermaster Program ensures that water is allocated according to established water rights as determined by court adjudication or agreement by an unbiased, qualified person, thereby reducing water rights court litigation, civil lawsuits, and law enforcement workloads. GOLDEN HILLS 0T E H.A C HA P I COMMUNITY SERVICES DISTRICT J uly 27, 2023 Sent Via U.S . Mail and E- mail Presid ing Judge Kem County Superior Court 141 5 Truxtun Aven ue, Suite 212 Bakersfield , CA 93301 5 Truxtun Aven ue, Suite 600 Bakersfield , CA 93301 Re: Response to Tehachapi-Cumm ings CWD Grand Jury Report On June I , 2023, the Kem County Grand Jury published a report (Report) regarding the Tehachapi -Cumm ings County Water District (TCCWD). The Report req uested responses from the city of Tehachapi (City) and Golden Hills Com munity Services District (Golden Hills). Th is is the joint response of the City and Golden H i lls. General Comments The City and Golden Hills each provide water service for mun icipal and industrial (M&I) purposes to residents and property owners with in their respecti ve boundaries. Some of that water is ground water. The balance is imported State Water Project (SWP) water suppl ied by TCCW D. The City and Golden H ills each hold a substantially similar M&I contract with TCCWD for SWP water. Because the volume of groundwater the City and Golden Hills may extract each year is lim ited under the Judgment governing the adjudicated Tehachapi Basin . the City and Golden Hi lls m ust increasingly tum to imported SWP water to serve the demands of their residents and property owners. SWP water is a finite supply with h ighly variable availabi l ity. For exam ple, in 2022 the SW P made available only 5 percent of contracted amounts due to the then ongoing extreme drought. However, just one year later in 2023, the SWP is mak ing avai l able 100 percent of contracted amou nts due to the extreme wet hydrology . Th is means, of course, in some years there Response to TCCWO Grand J ury Report J uly 27, 2023 should be enough SWP water for TCCWD to satisfy all of the demands of its customers and, i n other years, TCCWD m ust allocate the available SWP water supply among those customers. TCCW D's partici pation in the SWP is funded partl y by an ad valorem tax and partly by sales of the available SWP water . TCCW D's ad valorem tax reven ue in 2021 was $8.9 m i llion. Of that amount, City property owners paid 16 percent and Golden Hills property owners paid 1 5 percent. Agricultural property owners paid I percent. But the allocation of available SWP water by TCCWD does not track with that funding. TCCWD' draft 2020 Regional Urban Water Management Plan projects an allocation of SWP water of on ly 4 percent each to the City and Golden Hills, which is less than our req uests. And projects an allocation of 66 percent to agricultural water users. TCCW D's allocation of the available im ported SWP water is skewed significantly toward agricultural uses and away from M&I uses. There should be no m isunderstand ing: TCCWD is an agricultural water district supported i n large part by M&l taxpayers. M&I water in the Tehachapi Basin supports not on l y state policy promoting additional housing but also the economic base of the entire Tehachapi region. With the available groundwater rightly l im ited by the J udgment and the need to plan for their futures, the City and Golden Hills began looking more closely at the practices of TCCWD in its allocation of available SWP water. What we found was a disturbing process lacking transparency and geared toward ensuring that one sector (and within that sector, one private farm ing enterprise) will recei ve the l ion 's share of avai lable SWP water at the expense, in part, of City and Golden Hills residents and property owners. The City and Golden Hills began question ing TCCWD regard ing its practices over two years ago. Since that time, we have been ignored, publicly rebuked and rid iculed. and even sued (in the case of the City) by TCCW D's Board of Directors. But we have been tasked by our constituents to protect their interests and futures, and that is what we will do. With that background in mi nd we wil l now respond to the facts. find ings, and recommendations of the Report. Discussion of Facts D. "Due to the length of the drought, SWP had previousl y reduced their yearly water allocations for 2021 and 2022 to 5% of their contracted amount. At the time of this report, and because of the recent tremendous increase in rainfall, SWP has raised their water allotment to I 00% (as of Apri l 2023) for all the Cal i forn ia Water Districts. Due to the length of the drought, TCCW D had to red uce agricul ture water allotment by approximately 40% from previous years. This reduction does not apply to m u n icipal and ind ustrial customers." Response to TCCWD Grand J ury Report J ul y 27, 2023 Response: During the drought, TCCWD did not prov ide the City and Golden Hi lls with all of the SWP water we req uested. I n fact, the City and Golden Hills received very little of our req uested SWP water. Therefore, it is not accurate to state that "Thi reduction does not apply to m u nici pal and ind ustrial customers:· M&l customers saw m uch of our requests go unfu l filled so that TCCW D could provide thousands of acre-feet of SWP water to agricu lture-and one private farm ing enterprise in particular. TCCW D used its water priority Ordinance to promote agricu ltural land uses over current year M&I demands. J . "Interviews with TCCWD Board mem bers revealed they are consideri ng a five-year plan for water allotment management, rather than a yearl y review." Response: This has not been pu bl icly stated at any TCCWD Board of Directors meeti ng. Whi le the City and Golden Hil ls have repeated ly asked the TCCWD Board to adopt a longer-term strategy for its SWP water supply, a majority of the Board of Directors has consistently held firm to the annual approach of allocating TCCWD's SWP water. I f the TCCW D Board is, in fact, considering a "five-year plan,., then those considerations m ust be occurring improperl y in closed session because no such representation has been made in open session with an ability for publ ic input. These Board members m ight be referring to the 2020 Regional Urban Water Management Plan (RUWMP) and con fusing that document with the water priority Ord inance. But the 2020 R U WMP is three years del inquent which has adversely impacted the abil ity of M&l customers to plan -a result some mem bers of the TCCWD Board no doubt encourage as part of their effort to sti fle development of needed housing. K. "In order to manage water distri but ion in these insecure drought times, TCC WD issues Ordinances entitled: "Establishi ng District Water Sale Priorities i n the Event of a Shortage." The Ordinance is written by an Ad Hoc comm ittee, consisting of board mem bers and staff, when drought conditions are anticipated. The Water Ordinance Ad Hoc Comm ittee explains how they plan to meet any en visioned emergency/drought caused by a red uction in the SWP water allotment. However, they do not incl ude in thei r planni ng or meeti ngs the water recipients invol ved/affected. They create each Ordinance without comments from reci pients, although this year. due to pu blic pressure, they had several round table discussions prior to vot ing on this year's Ord inance." Response: Before conducting a roundtable discussion regard ing this year's Ordinance, the President of the TCCWD Board of Directors i n itially attem pted to dispense with even TCCwo·s customary practice of conducting a noticed hearing for the Ord inance and, instead , pushed the Board to adopt the Ordinance without conducting a hearing (and the customary published notice). Representati ves of the City and Golden H i l ls voci ferously Response to TCCWD Grand J ury Report J ul y 27, 2023 objected and the Board rightly voted against the President 's intended approach . Only after that occurred did TCCWD hold a roundtable discussion with stakeholders. L. "TCCW D and the City of Tehachapi entered into a Memorandu m of Understandi ng (MOU) to recharge the City's wastewater. The City would l ike to upgrade its treatment process to add tertiary filtration and disin fection to their own wastewater , then pipe it into the flood control basin called Blackburn Dam , owned by TCCW D. Signed by both parties in May 2020, the MOU agreement allowed the City to claim 94% of the recharged water delivered to the basin (6% reduction is due to evapotranspiration loss factor), but later TCCWD attem pted to unilaterally alter the MOU terms by lowering the amount to half of the recharged/reclaimed water. TCCWD publ icly stated that they were collaborati ng with the City, but the City does not agree with this assessment." Response: The City does not bel ieve TCCWD is collaborating with the City to achieve a solution for TCCWD's concern-which was raised for the first time before the figurative ink was dry on the MOU. Section 3.02 of the MO , in relevant part, provides : "3.02. Recharge Credits. The initial recharge rate is set at 0.94 A F for each 1 .00 A F of Recharge Water del ivered by City to the Point of Delivery based on an estimated six percent (6%) evapotranspi ration loss factor. The recharge rate may be adjusted up or down during the Term, based on sound scientific evidence to ensure that City receives a credit for the actual amount of water augmenting the Basin groundwater. less the Leave-Behind . If, after considering that scientific evidence, District and City cannot agree on the appropriate adjusted loss factor, the Parties shall attempt to resol ve the d ispute pu rsuant to Section 9.01 of this MOU . . " The purpose of any adjustment , up or down, to the recharge rate is to reflect. based on sound scienti fie evidence, any different physical percolation of recharged effiuent than that agreed to i n the MOU. The City only wants to receive cred it for "the actual amount of water augmenting the Basin." TCCWD has instead attem pted to use th is provision to uni l aterally adjust the recharge rate based on its legal conclusion (arrived at after signing the MOU) that the treated effluent, once returned to the aquifer even for storage, does not belong to the City. A drastic change like the one bei ng pursued by TCCWD should have been addressed in the MOU because it likely may lead to the end of the entire project. The City, together with Golden Hi lls, bel ieves th is project is a benefit to the entire Tehachapi Basin. Our hope is that TCCW D wi ll reengage with the City with the same attention and effort TCCW D has shown in defense of its skewed allocation of the available SWP water supply for one pri vate farming enterprise-which is owned by an out-of-state Response to TCCWD Grand J ury Report J ul y 27, 2023 investment finn. The City·s project could be a win-win for all local water users. U nfortunatel y, TCCWD's Board of Directors has instead chosen to thwart this renewable supply of potable water as part of its ongoing effort to improperly engage in land use planning and sti fle development of needed housing . P. "Legal counsel for the State Water Resource Board recommended that the MOU parties fol low the guidel ines stated i n the MOU and proceed to arbitration .'· Response : We have one point of correction regarding th is factual statement. Section 9.01 of the MOU provides : ·'9.01. Dispute Resolution. In the event of a dispute regarding interpretation , implementation or en forcement of this MOU, the Parties shall first attempt to resolve the dispute before a mutually acceptable med iator or other independent third party intermediary , as appropriate, prior to commencement of any Superior Court act ion or proceed ing. The fees and expenses of the intermed iary shall be shared equally by the Parties." The MOU calls for mediation rather than arbitration . Otherwise , we have no disagreement with the reported statement by an attorney with the State Water Resources Control Board. Q. "TCCWD has a contract with the City to provide SWP surface water yearl y with a provi ion that enough imported water is available.'· Response: The City and Golden Hills each hold a substantial ly similar "Term M& I Agreement" with TCCWD. Those agreements contain man y provisions, some of which are disputed bet\veen the City and Golden Hi ll on the one hand , and TCCWD on the other hand . The obligation of TCCWD to provide imported SWP water under its Term M&I Agreements is certai nly subject to the availabi l ity of SWP water from the Department of Water Resources . The City and Golden Hi lls disagree that, when SWP water is available to TCCWD, it then has un fettered discretion regard ing allocation of that avai lable SWP water among its customers.
F5: A TCCWD Board member is perceived to favor agricultural interests for water allotment decisions, causing more consternation for their municipal and industrial customers.
F6: An agricultural enterprise leases some of their land from the family of a TCCWD Board member. When matters regarding this business are brought before the Board, recusal is utilized. However, remaining in the room as a spectator creates an appearance of conflict of interest.
F7: In the spirit of the May 2020 MOU signed by both parties, treating the wastewater of the City of Tehachapi to tertiary quality is a responsible way to mitigate drought conditions, especially since SWP water allotments are often in flux. Recycled water recharging is a reliable, economically feasible, and environmentally sound means to expand available water resources and reduce the demand on freshwater systems. The public is best served by the parties honoring all aspects of the MOU. COMMENTS: The 2022-2023 Kern County Grand Jury would like to thank all parties interviewed for their help and information contributing to this report 168
Related Recommendations (1)
R3: By November 1, 2023, the TCCWD Board should adhere to rules and policies entered into by signed MOUs. (Finding 7)
Findings & Recommendations 15 findings
F1: The public is unaware and/or unknowledgeable regarding the appropriate use of the 911 Call System. Many calls made to 911 are not priority and may be handled more efficiently with a visit to their physician's office or to a local urgent care facility.
Related Recommendations (1)
R4: The EMS should advertise and inform the public of the importance of the 911 Call system as to when to use it and when to transport oneself to medical care. The first public announcement should be completed by September 1, 2023. (Findings 1 and 8) 142 NOTES: • The Kern County Board of Supervisors and the Public Health 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 the Kern County Grand Jury website. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website. RESPONSE DEADLINES: • REQUIRED WITHIN 90 DAYS FROM: Kern County Board of Supervisors O • REQUESTED RESPONSE WITHIN 90 DAYS: Progressive Ambulance Inc. O ▪ Liberty Ambulance Service Hall Ambulance Service Inc. o Kern County Fire Department o • RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(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. 143
F2: The COVID-19 pandemic continues to have a major effect on the emergency care and first responders in Kern County. Ambulance response times were stressed due to the units waiting to offload patients at hospitals and the increase in call volumes have created a shortage of available units to respond to calls.
F3: The National, State, and County EMT and paramedic shortage has placed a burden on the emergency medical system, with not enough ambulance units available, less paramedics in the field, and delayed Ambulance Patient Offload Times, which results in slower response times.
Related Recommendations (2)
R1: The Emergency Medical Services Program of the Kern County Public Health Department should organize and coordinate a countywide job and information fair to recruit new paramedics and EMTs to fill the void in the emergency response teams. Coordination should include the ambulance providers, KCFD, community and vocational schools in the area. The first job and information fair should be completed by September 1, 2023. (Findings 3, 6, and 7)
R3: The EMS should coordinate with Harvey L. Hall EMS Academy, Kern County Fire Department, and Bakersfield College to recruit more candidates in the paramedic profession. This should be completed by September 1, 2023. (Findings 3, 6, and 7)
F4: The APOT has tied up many ambulance units and personnel in long waiting lines. The hours waiting at the hospital could be used for other responses.
F5: Stacking patients was used during critical times to free up units and crews to respond to the next emergency. This happens when one ambulance crew provides care for two to five patients at the same time at the same hospital (extra ambulance cots are stored at hospitals), allowing the other ambulance units to respond to other calls.
F6: The Harvey L. Hall EMS Academy offers three EMT academies per year and one paramedic academy per year. EMT training and certification can be completed in about 90 days, Taft College offers an EMT course each semester. Paramedic training, licensing, and certification is completed over 18 months with a partnership 140 with Bakersfield College. More programs are needed to fill the 7,000 position shortages statewide.
F7: The lack of certified paramedics and EMTs within the County has caused a severe shortage for both ambulance providers and the KCFD. Sign-on bonuses of $20,000 and starting salaries of $70,000 are being offered. Traveler paramedics are recruited to fill in on a short-term basis.
F8: Of the ten approved acute care hospitals with emergency departments, two are approved for trauma level care; it is very important that the patient chooses the correct hospital for care, as this may not be the closest hospital at the scene of the emergency.
F9: The BOS approved and authorized the retroactive Agreement with Ridgecrest Regional Hospital to extend the term for designation as a Level IV Trauma Receiving Center through May 3, 2023. Residents of East Kern County are better served with an approved trauma emergency department.
F10: The Board of Supervisors has an agreement with Mercy Air to provide medical transport services from July 1, 2022, to June 30, 2027. This agreement will ensure that the County will have air support medical transportation along with ground service for the next four years.
F11: The use of Tele911™ medical system saves time in transportation, allows units to respond to other calls, and provides the patient with immediate access to an emergency department physician. Currently, reimbursements are not readily available to the ambulance providers unless there is transportation to a hospital.
Related Recommendations (1)
R2: The EMS should continue to expand the Tele911™ System, so the public and first responders are more comfortable with its use. The EMS in conjunction with the ambulance companies and Tele911™ should negotiate with insurance providers to allow for compensation for its use when transportation is not necessary. The first negotiation session should be completed by September 1, 2023. (Findings 11 and 15)
F12: The Kern County 911 Emergency Response System works with all EMS providers and dispatches through one system. The use of one dispatcher, Global Positioning System (GPS), black box, on-board computers, and a common radio frequency now provides real time locations of all first responders’ units, thus ensuring the correct unit is responding to the emergency which makes the EMS system more efficient.
F13: All emergency calls in Kern County for the ambulance providers are directed by the same dispatcher, and use the same radio frequency, allowing for better communications between the providers.
F14: Using mutual aid agreements, Hall contracted with Liberty, Pro Safety & Rescue, and many out of the County ambulance companies to cover the required responses within the contracted EOAs.
F15: The reimbursements rates from Medi-Cal and Medicare have not changed in 20 years and do not cover the current costs of ambulance transportation. COMMENTS: The Grand Jury thanks the Kern County Emergency Medical Services personnel for their cooperation and information provided. Thanks to the Kern County Fire Department and the two ambulance companies for providing pertinent information to complete this report.
Findings & Recommendations 9 findings
F1: All the schools visited had inconsistencies regarding visitors coming on campus. Of the 11 schools visited, only three asked for IDs, which were processed through Raptor Technologies®. KHSD violated their own “prevention/mitigation” document.
Related Recommendations (1)
R1: KHSD should enforce their existing policy which requires that all visitors be screened by providing identification and processed through Raptor Technologies®, by August 15, 2023. This eliminates those who should not be on campus. (Finding 1)
F2: The Grand Jury noted several unattended open gates at various schools, during school hours. Again, KHSD is not following their own policy!
Related Recommendations (1)
R2: KHSD should enforce their existing policy to keep gates locked during the school day. When unlocked, they need to be tended by school personnel. This should be implemented by August 15, 2023. (Finding 2)
F3: According to school officials, many school cameras had limited views, blind spots, and poor resolution, creating safety issues.
Related Recommendations (1)
R3: KHSD should update campus cameras with better resolution and routine maintenance. Administrative staff should have a working knowledge of the operation of the camera system by December 15, 2023. (Finding 3)
F4: Campus supervisors lack the necessary training to deal with hostile situations. This oversight does not equip the campus supervisor with the essential tools to deal with everyday situations such as assaults, fighting, drug use, etc. 2022-2023 Kern County Grand Jury Report 5 123
Related Recommendations (1)
R4: KHSD should ensure that campus supervisors have consistent “hands on” basic self- defense, de-escalation, and interpersonal communication training by January 1, 2024. (Finding 4)
F5: Not all schools posted “IN AN EMERGENCY TAKE ACTION” posters in the common areas. Not all incidents happen in the classroom, so it would be prudent to have them posted in all common areas (See Appendix D).
Related Recommendations (1)
R5: KHSD should have “IN AN EMERGENCY TAKE ACTION” posters in all common areas of school campuses by August 15, 2023. (Finding 5) 2022-2023 Kern County Grand Jury Report 6 124
F6: All schools complied with updating the CSSPs.
F7: Administrative staff, KHSD law enforcement, and campus supervisors appeared to be proactive and concerned with school safety. However, they are inconsistent with following their own approved policies.
Related Recommendations (1)
R7: KHSD school administrators, law enforcement, and campus supervisors should continue to be proactive in maintaining school safety by providing ongoing training in accordance with their own policies, by August 15, 2023. (Finding 7)
F8: Generally, the schools visited do not keep classroom doors locked during school periods. There is no policy mandating this. There should be!
Related Recommendations (1)
R6: KHSD should mandate that all classroom doors be locked from the inside, while class is in session, yet allow administrators, law enforcement, fire department, and campus supervisors the ability to unlock doors from the outside in cases of emergencies by August 15, 2024. Available grant funds should be used as needed. (Finding 8)
F9: Not all standardized Emergency Management guides are kept in a place easily accessible in times of a crisis. In the event of an emergency, the format and location of the guides should be consistent in all schools (See Appendix E). They need to be! COMMENTS: The Grand Jury would like to thank school administrators/staff, KHSD law enforcement officers, and campus supervisors for their time and patience in answering numerous questions and providing guided campus tours.
Related Recommendations (1)
R8: KHSD should standardize their Emergency Standard Management guides to a “flip chart,” to be located in classrooms by the front door and consistent throughout KHSD by January 15, 2024 (See Appendix E). (Finding 9) NOTES: • The Kern High School District should post a copy of this report in each campus 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: KERN HIGH SCHOOL DISTRICT BOARD OF TRUSTEES RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(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. 2022-2023 Kern County Grand Jury Report 7 125
Findings & Recommendations 3 findings
F1: Maricopa does not have the necessary funding to pay increased fire protection costs and those increases will create an economic hardship for the City and residents.
Related Recommendations (1)
R1: If the City of Maricopa and the Kern County Board of Supervisors are unable to reach a viable agreement on Fire Protection Service costs, it is recommended the City of Maricopa initiate procedures to disincorporate. NOTES: • The City of Maricopa should post a copy of this report at City Hall 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 PENAL CODE SECTIONS 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. Pen. 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://www.bakersfield.com/news/fearing-tax-hikes-cities-rebel-against-county-plan-to- increase-cost-of-fire-services/article_febf9004-2081-11eb-a375-6b457ae505db.html https://www.bakersfield.com/news/supervisors-approve-plan-to-raise-cost-of-fire-services-for- cities/article_281cc750-23b6-11eb-b266-af05af79f1cb.html https://kern.granicus.com/DocumentViewer.php?file=kern_9826586e1b1be50a7e6717c6f16cb59 b.pdf&view=1
F2: Should the City not receive the $7,000,000 grant to upgrade the sewer system, the residents will continue to have sewage issues.
F3: Due to the negative growth rate and lack of new business, along with a declining population growth, the City is unable to meet increased expenses. COMMENTS: The City of Maricopa administrators are aware of the economic impact of the proposed increased fire protection service cost and the adverse monetary effect on its budget.
Findings & Recommendations 9 findings
F1: The District has corrected the areas of concern noted in the 2016-2017 Kern County Grand Jury Report.
F2: The vacant Board seat is in the process of being filled.
Related Recommendations (1)
R1: The Board should begin now to produce a Policy and Procedures Manual for Board Members for approval by the Board before December 31, 2022. (Findings 2 and 3)
F3: The District has an employee Policy and Procedure Manual, however, there is a need for a written policy and procedure instructions for Board Members.
F4: A Master Plan has not been completed as of the writing of this report. Board discussions have taken place, and more information is being sought. An estimate has been received but no further action has occurred.
Related Recommendations (2)
R2: The Board and staff should develop a Master Plan no later than March 30, 2023. This should establish a timeline and cost estimate for the development of the vacant land. (Finding 4)
R3: The District should use the timeline and cost estimate to assist planning for future growth. Major funding sources need to be investigated and brought before the constituents. (Finding 4)
F5: A concern of the District is police assistance, if needed, seems slow and dismissed as petty.
Related Recommendations (1)
R4: By December 1, 2022, the District staff, Delano Police Department officials, and private security should schedule a meeting to resolve the issues concerning response times and expected results. (Finding 5)
F6: The District utilizes a private security company to open and secure the drive-in gates during the weekends and holidays. They also are to patrol through the cemetery an additional four times a day between 8AM to 7PM during the same time period. If anyone is participating in activity not allowed by District policy, the patrol should, at least, ask for identification and be informed of the posted rules. The rules are posted at each gate and at every turn of the internal road. If visitors will not comply with the posted regulations, security is directed to contact the local law enforcement agency. (Photo provided by the Grand Jury)
Related Recommendations (1)
R5: Security of the facilities and personnel should be a major concern of the Board. Additional security measures should be implemented by November 1, 2022. Such measures should include: • Locking some of the walk-through gates after hours could possibly reduce some vandalism. • Additional private security • Electronic control of gates • Local police presence within the grounds • Scheduling events surrounding holidays when families typically honor their deceased members, i.e., Memorial Day, Veterans Day, and Day of the Dead. o Although the District is not normally a place of family outings, these planned events could provide sensible, reflective gatherings to honor those interred. (Findings 6, 7, 8, and 9) NOTES: • 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.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.
F7: The cemetery has experienced some vandalism, including grave markers.
F8: The thirteen walk-through gates are open 24 hours.
F9: There have been issues with groups of individuals visiting gravesites, consuming alcoholic beverages, and/or playing music loudly in, as construed by others, a “party atmosphere.” This is often viewed as disrespectful to the memories of others who are interred there. COMMENTS: The North Kern Cemetery District appears to have turned the corner regarding the previous report. Management of the District seems to be dedicated to the idea of “doing it right.” The Grand Jury wishes to thank the District staff for the information used to complete this report. Also, the Grand Jury wishes to thank other entities who rendered information as requested.