Kern County Grand Jury

2023-2024

18 reports

Findings & Recommendations 5 findings
F1: The Grand Jury finds that: The temperature in the housing units is maintained no higher than 82 degrees which satisfies mandated requirements.
F2: The Grand Jury finds that: Evaporative coolers are state-of-the-art, more cost-effective than air conditioning, and provide a healthier humidity level. Evaporative coolers cost about one-half as much to install as central air conditioners and use about one-quarter as much energy1.
F3: The Grand Jury finds that: The treatment facility's water is potable. Staff and inmates drink the water supplied by the water treatment system and the culinary department cooks with the same water.
F4: The Grand Jury finds that: The jobs at CALPIA require technical skills resulting in better pay than a janitor or a culinary worker earns at the institution. The skills attained working for CALPIA improve the ability for inmates to secure gainful employment upon release.
F5: The Grand Jury finds that: The "Pawsitive Change" Program had previously been beneficial to the institution and the community. COMMENTS: The Grand Jury thanks the Wasco State Prison staff and Marley's Mutts for their time and information. The tour was very informative and instrumental for our findings and
Related Recommendations (1)
R1: Wasco State Prison continues working with Marley's Mutts to affect the return of the "Pawsitive Change" program no later than January 31, 2025. (Finding #5) NOTES: The Wasco State Prison 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: https://www.kerncounty.com/government/other-agencies/grand-jury Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website https://www.kerncounty.com/government/other- agencies/grand-jury 1 Evaporative Coolers | Department of Energy (https://www.energy.gov/energysaver/evaporative-coolers) RESPONSE DEADLINE: REQUIRED WITHIN 90 DAYS FROM: Warden, Wasco State Prison 0
Additional Recommendations 1

Not linked to specific findings.

R70-70: 1500 80 1800 × 0 DEFARTMENT OF CORRECTIONS AND REHABLITATION STATE OF CAUFORNA INSIDE TEMPERATURE RECORD CDCR 2031 (04/18) From May 1st hrough October 31st, the warden shall designate staff to be responsible to monitor and log the INSIDE ambient air temperature in all non-eli-conditioned housing units where an inmate on the heat fisk list may be housed. (Note: Air-conditioned housing units with air conditioned noting units will also be monitored when the a Using an accurate thermometer on the highest location in the housing unit (e.g., top tier) where an inmate on the heat risk list is housed. The inside oir temperature is to be taken every three (3) hours, seven (7) days a week- Institution: 4WSP Housing Unit: 4 Temp. Reading Location: The L (e.g., 1" tier, 2" tier, 3" tier, etc.) 6001 when the inside air temperature reaches Immediately notify the Watch Commander at extension 90 degrees and again at 95 degrees. Tuesday. Monday Name (Print) Date Time. Temp. Name (Print) Temp. Time Date 10 0300 0300 50 0600 30 80 0600 0900 STALE. Sie 0900 20 1200 38 25/100 80 1200 1500 1500 80 1800 1800 2100 A 80 2100 80 2400 2400 80 Thursday. Wednesday Name (Print) Date Time Temp. Name (Print) Date | Time Temp. 80 0300 0300 80 0600 0600 20° 80 0900 80 0900 80 1200 80 1200 90 1500 1500 82 124 YU 1800 82 1800 20 2100 80 2100 2400 30 80 2400 Saturday Friday Name (Print) Temp. Date | Time Name (Print) Temp. Date, Time 0 /0300 10 0300 81 N 0600 0600 80 0900 0900 80 1200 81 1200 1500 92 1500 81 1800 18 2 1800 81 81 2100 2100 61 2400 | 60 1 2400 Notes Sunday Name (Print) Date | Time Temp. 80 0300 80 0600 7/21/24 0800 50 1200 180 1500 STATE OF CALIFORNIA — DEPARTMENT OF CORRECTIONS AND REHABILITATION GAVIN NEWSOM, GOVERNOR DIVISION OF ADULT INSTITUTIONS WASCO STATE PRISON - RECEPTION CENTER P.O. Box 8800 Wasco, CA 93280 (661) 758-8400 February 24, 2025 Honorable John W. Lua, Presiding Judge Kern County Superior Court 1415 Truxton Avenue, Suite 212 Bakersfield, Ca 93301 This letter is in response to the 2024-2025 Kern County Grand Jury Final report on Wasco State Prison. We are thankful for the visit and agree with all the findings made by the Grand Jury. Additionally, Wasco State Prison will continue to welcome the "Pawsitive Change" program whenever they are available to reimplement the program. Currently, the Division of Rehabilitative Program intends to award Wasco State Prison an Innovative Programming Grant to provide rehabilitative programming beginning July 1, 2025, through June 30, 2028, which will include Marley's Mutts Dog Rescue. If you have any further requests or concerns regarding this response, please contact Salvador Sanchez, Administrative Assistant/ Public Information Officer at (661) 758-8400 extension 5013. Respectfully submitted, Christian Pfeiffer Warden Wasco State Prison-Reception Center ECEIVE MAR 0 4 2025 RY:
Findings & Recommendations 1 findings
F1: The Grand Jury finds that the District is financially insolvent and is facing multiple critical issues. The District has shown that it does not have the means or ability to rectify these issues. This has caused the citizens of the District to face water insecurity. COMMENTS: The District was unable to provide monthly General Ledger financial statements to the Grand Jury. The District has also failed to provide the Indian Wells Valley Groundwater Authority with water production figures since 2018. Many residents are outraged and engaged about the unfair billing practices with unserviceable water meters and missing tax assessments on some parcels. The District has been offered many types of support from various agencies from free water meters, to grant writing assistance, to Board Member training. The District has been unwilling or unable to accept this assistance.
Related Recommendations (2)
R1: The District contact the Kern County Local Agency Formation Commission, and the Kern County Board of Supervisors to initiate reorganization by October 1, 2024. (Finding 1)
R2: The Kern County Board of Supervisors work in cooperation with Kern County Local Agency Formation Commission to develop a plan by December 31, 2024, to reorganize the District in accordance with California Government Code §56375. (Finding 1) 2023-2024 KERN COUNTY GRAND JURY REPORT 4 NOTES: • The Inyokern Community Services District, the Kern County Board of Supervisors, and the Kern County Local Agency Formation Commission 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at: https://www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: REQUIRED WITHIN 90 DAYS FROM: • The Inyokern Community Services District
Findings & Recommendations 6 findings
F1: Both the County and the City PWDs are aware of the new requirement to develop a method for maintenance of retroreflectivity but neither have yet formalized, adopted, or implemented their respective methods. 2023-2024 Kern County Grand Jury Report 4
Related Recommendations (1)
R1: By January 1, 2025, review the guidance provided by the FHWA in their Technical Report SA-22-028, and determine the most appropriate maintenance method, or combination of methods, that will be developed to assure minimum retroreflectivity levels will be maintained for the roadway markings within their jurisdictions. (Finding 1)
F2: Although the County and City PWDs routinely restripe roadways based on length of time since they were last painted, they do not currently have a systematic method to ensure that roadway marking retroreflectivity is continually at or above a minimum level as required by the new standard.
Related Recommendations (1)
R2: By February 1, 2025, develop the formal written Method for Maintaining Pavement Marking Retroreflectivity that will be used to systematically track and schedule replacing or refreshing roadway markings that fall below the minimum retroreflectivity requirements. (Finding 2) 2023-2024 Kern County Grand Jury Report 5
F3: The County and City PWDs are not currently restriping all markings that are water- based paint with glass beads within their expected service life timeframe of between 6 months to 3 years. The glass beads wear off and the paint fades before the markings can be refreshed.
Related Recommendations (1)
R3: By April 1, 2025, perform an analysis to determine whether, and consequently where, it would be cost beneficial to restripe the roadways in their respective jurisdictions with thermoplastic paint. (Findings 3 and 4)
F4: A reduction in the frequency of application of thermoplastic paint instead of water- based paint may justify the additional costs.
F5: The County and City PWD databases used for determining their respective roadway striping schedules do not include sufficient historical data to effectively track and schedule the replacement of roadway markings in accordance with the new standard.
Related Recommendations (1)
R4: By June 1, 2025, develop the database required to establish a roadway marking schedule. The database should consider the agencies policies and practices regarding the use of pavement marking materials and should include information specific to the roadway, average daily traffic, and weather conditions of the local area. (Finding 5)
F6: For citizen complaints, both the City and County websites/apps are difficult to navigate to report problems related to roadway markings. COMMENTS: The focus of this report has been on the Kern County and City of Bakersfield Public Works Departments. However, the FHWA MUTCD is the law governing all traffic control devices and non-compliance can ultimately result in the loss of federal-aid funds as well as in a significant increase in tort liability. The Grand Jury urges all agencies and officials responsible for maintaining roadways to plan for the development of a systematic approach to maintaining the required minimum levels of retroreflectivity for roadway markings before September 2026. Accordingly, responses to the findings and recommendations of this report are invited from all incorporated cities in Kern County.
Related Recommendations (1)
R5: By November 1, 2024, the Kern County and Bakersfield City websites/apps should be modified to include a user friendly, specific service request for roadway markings. (Finding 6) 2023-2024 Kern County Grand Jury Report 6 NOTES: • The Kern County Board of Supervisors and the Bakersfield City Council should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: Kern County Board of Supervisors to Findings 1 through 6 and Recommendations o 1 through 5 Bakersfield City Council to Findings 1 through 6 and Recommendations 1 o through 5 • INVITED RESPONSES FROM: Kern County Cities and Special Districts responsible for roadway maintenance o RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(c) AND 933.05 TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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. 2023-2024 Kern County Grand Jury Report 7
Findings & Recommendations 4 findings
F1: The KCSO’s website needs to be updated as it contains misinformation on the Work Release Program.
Related Recommendations (1)
R1: Update the Work Release Program Website by October 1, 2024. (Finding 1)
F2: The WRP work vans have no identification markings, and when in the neighborhoods, this causes some concerns for private citizens. (Appendices 3 and 4) KCSO Work Van photo by Grand Jury
Related Recommendations (1)
R2: Have “Kern County Sheriff” identification markings placed on the work vans by January 1, 2025. (Finding 2)
F3: The different colored vests that participants are currently wearing can cause confusion as to whether or not they are with the WRP.
Related Recommendations (1)
R3: Ensure that all WRP participants are wearing orange safety vests with identification markings by September 1, 2024. (Finding 3)
F4: It is apparent that the Sheriff’s Support Supervisor and three Sheriff’s Support Technicians assigned to the WRP are the glue that ensures the program runs seamlessly. COMMENTS: The Grand Jury would like to thank the KCSO’s staff for their cooperation and assistance in providing information for this report. The KCSO’s staff is committed to the program, ensuring that public safety is paramount.
Related Recommendations (1)
R4: Reclassify the job position title for the Sheriff’s Support Specialist to Sheriff’s Records Supervisor, and the Sheriff’s Support Technician to Sheriff’s Record Specialist, by February 1, 2025. (Finding 4) NOTES: • The Kern County Sheriff 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at: https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 60 DAYS FROM: Kern County Sheriff: Findings 1 through 4 and Recommendations 1 through 4. RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933 (c) AND 933.05 TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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. APPENDICES:
Findings & Recommendations 15 findings
F1: The District would function more effectively with an engaged five-member board.
Related Recommendations (1)
R1: Recruit at least three qualified residents of the District to submit applications to the BOS by September 1, 2024, enabling them to fill the Board of Trustees vacant seat. (Finding 1)
F2: The Board’s bi-monthly scheduled meetings are insufficient to conduct business in a timely manner and cause agendas to be excessively long.
Related Recommendations (1)
R2: Schedule board meetings monthly to stay current on issues and keep agendas at a reasonable length, starting with the September 2024 Board Meeting. (Finding 2)
F3: The absence of board meeting minutes has caused a lack of transparency to the community they serve.
Related Recommendations (1)
R3: By September 1, 2024, include previous board meeting minutes on the current agenda for approval by the Board, and to be posted on the website. (Finding 3)
F4: Failure of some Trustees to remain current on required training causes the District to be non-compliant.
Related Recommendations (1)
R4: Ensure that Board Trustees become current with required training no later than September 1, 2024. (Finding 4)
F5: The Board has been negligent in securing and overseeing personnel to maintain financial audits current, causing the District to become delinquent in mandated County and State filings.
Related Recommendations (1)
R5: By September 1, 2024, develop a plan to keep District financial audits current and filed with the County and State, as required by law. (Finding 5)
F6: The Policies and Procedures generated from the CSDA template are not specific enough to the District and could cause misinterpretation by the Board.
Related Recommendations (1)
R6: Review, update, and approve District Policies and Procedures by December 31, 2024. (Finding 6)
F7: The Grand Jury finds the District is in violation of their Nepotism Policy 3126.3, causing widespread concern.
Related Recommendations (1)
R7: By December 31, 2024, restructure the District’s organization to align with the District’s Policies and Procedures, especially regarding the section on Nepotism. (Finding 7)
F8: Without oversight of payroll, the potential for fraud exists. This could create public distrust.
Related Recommendations (1)
R8: Establish a procedure to verify and approve hours worked by staff before submission to the third party payroll provider. This should be in place by September 1, 2024. (Finding 8)
F9: The District’s administrative office is currently understaffed. This is causing serious delinquencies of administrative duties including financial audits, board meeting minutes, and website updates.
Related Recommendations (1)
R9: Restructure its budget to allow for adequate office staffing to become and remain current on all administrative duties by September 1, 2024. (Findings 9 and 10)
F10: The budget excess of approximately $15,000, for each of the past two FYs, as reported in the District’s adopted 2023-2024 Operation and Maintenance Expense Distribution Budget, could be allocated for additional staffing.
Related Recommendations (2)
R12: Recruit and hire additional groundskeeping personnel by September 1, 2024. (Findings 10 and 13)
R13: Connect to Cal Water for irrigation of the Cemetery, and adjust the budget to fund the expense, by December 31, 2024. (Findings 10 and 14)
F11: Poorly designed office space does not accommodate interaction with the public. The board does not face the public, hindering communication. The client consultation area lacks privacy and is not comfortable for families.
Related Recommendations (1)
R10: By December 31, 2024, reconfigure the office to combine the board room with the client consultation area so the Board can interact with the public, and client consultations are separated from the daily workstations. (Finding 11)
F12: The District’s website is difficult to locate by name, and the absence of Board Trustee contact information causes a lack of transparency.
Related Recommendations (1)
R11: Bring its website into compliance with CA SB929, and make it searchable by the District’s name, not its acronym, by September 1, 2024 (Finding 12)
F13: Due to the intermittent availability of no-cost labor to the District, the upkeep of the grounds is not consistent.
F14: Utilizing Cal Water is an affordable option to the Cemetery’s irrigation requirements. According to Cal Water, due to existing infrastructure there will be no hook-up charge incurred.
F15: The retaining barrier project is critical to the preservation of the Historic Cemetery. COMMENTS: The Grand Jury would like to express their appreciation to the staff and management of Kern River Valley Public Cemetery District for sharing their knowledge, and for patiently answering our plethora of questions. We especially want to thank the management for the tour we were given of Kern River Valley Public Cemetery District. It was so interesting, and we enjoyed observing this beautiful and peaceful cemetery.
Related Recommendations (1)
R14: Meet all requirements necessary to receive funds from FEMA and CalOES to construct the retaining barrier, by December 31, 2024. (Finding 15) NOTES: • The Kern River Valley Public 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website https://www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: REQUIRED WITHIN 90 DAYS FROM: Kern River Valley Public Cemetery District: Findings 1 through 15 inclusive and o Recommendations 1 through 14 inclusive. RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933 (c) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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: Appendix A
Findings & Recommendations 7 findings
F1: Both Park Ranger Programs have dedicated employees who want parks to be a safe and clean environment for the citizens, making the parks more enjoyable.
F2: City Rangers are a self-sufficient program, making them less reliant on other City services.
F3: Occasionally, vehicles being driven through the Kern County parks do not follow posted speed limit signs, endangering visitors.
Related Recommendations (1)
R1: Speed bumps be installed on the main roads in the County parks to decrease the speed of vehicles driving through the park by January 1, 2025. (Finding 3)
F4: Since most illegal activity occurs after dark in both City and County parks, daylight operating hours would be preferable for safety concerns.
Related Recommendations (1)
R2: Both the City and County review and evaluate the operating hours of the parks to reduce unwanted activities within the parks. Exemptions could be considered for special events at the parks. The review should be initiated by January 1, 2025. (Finding 4)
F5: Security at various County buildings have multiple types of security levels to monitor the building, which may be a less efficient use of staff.
Related Recommendations (1)
R4: Staffing of security personnel at County buildings be reviewed for efficiency and better utilization of County Rangers by September 1, 2024. (Finding 5)
F6: County parks in outlying areas may not receive the same maintenance scheduling because of staffing deficiencies.
Related Recommendations (1)
R3: Develop an MOU with outside vendors, e.g., Work Release Program, to monitor the maintenance of parks in outlying areas of Kern County by September 1, 2024. This would help with staffing shortages. (Finding 6)
F7: Kern County high schools and colleges are a good source for recruitment into the Rangers’ Programs. COMMENTS: The Bakersfield City Park Rangers and the Kern County Park Rangers Programs are both staffed with hard working individuals. As with most government departments, staffing and budget are the biggest issues. Both Programs are doing the best they can with the resources they have available, and are working hard to protect the citizens and their desire to have safe and clean parks for their families. As crime and homelessness continues to increase around our parks, these programs need the full support of the political leaders within the City and County.
Related Recommendations (1)
R5: Kern County Rangers and the Bakersfield City Rangers contact high schools and colleges throughout Kern County to inform students of the opportunities of joining the Ranger Programs to help with staff recruitment, beginning September 1, 2024. (Finding 7) NOTES: • The Kern County Sheriff’s Office and Bakersfield 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at: https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 60 DAYS FROM: Kern County Sheriff’s Office (Findings 1, 3, 4, 5, 6, 7 and Recommendations 1 o through 5) • REQUIRED WITHIN 90 DAYS FROM: Bakersfield City Council (Findings 1, 2, 4, 7 and Recommendations 2 and 5) o Kern County Board of Supervisors (Findings 1, 3, 4, 5, 6, 7 and o Recommendations 1 through 5) RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933 (c) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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.
Findings & Recommendations 8 findings
F1: The EKHCD Board Meeting agendas are posted in a timely manner on their website. Meetings are held in a small office on North Loop Boulevard and made accessible via Zoom. Unfortunately, the live audio-visual feed is poor quality and does not show all Board Members participating in the meeting. The audio-visual shortcomings can be distracting and frustrating, therefore making the flow of information difficult for the public to follow. Board Members sit facing the camera, meaning that they sit with their backs to the public. This makes it difficult for the Board to engage with community members.
Related Recommendations (1)
R1: Relocate the Board meetings to a room that can accommodate the entire Board and the public. Audio-visual equipment should be properly positioned so that all Board Members can be seen and heard at the same time anytime there is a quorum. This should be in place by September 1, 2024. (Finding 1)
F2: Not all previous meetings are available on the website for the public to review. In addition, some archived Zoom videos are poor quality, as the sound frequently cuts out, and Board Members in some meetings used only audio without the visual aspect. This does not meet the requirements of AB 2449.
Related Recommendations (1)
R2: Ensure both Board Meeting minutes and videos are made available to the public prior to the next meeting. This should be in place by September 1, 2024. (Findings 2 and 4)
F3: Board Meetings are scheduled for 5:00 pm and usually begin on time; however, one board member frequently arrives late or attends via Zoom from another location. This disrupts the flow of the meeting. Zooming from an alternate location raises the question by the Grand Jury, “Can this member be considered part of the quorum, and is the remote location open to the public?” This may not meet the requirements of AB 2449.
Related Recommendations (1)
R3: Change the Board Meetings to a time that is more convenient to accommodate all Board Members and the public. This will reduce meeting distractions (Board Members coming in late or having to leave the room) and ensure a quorum is met at all times. This should be completed by September 1, 2024. (Finding 3)
F4: Board Members generally follow the guidelines of The Brown Act, and their legal counsel provides guidance in times of uncertainty; however, Robert’s Rules of Order are not always followed. Some Board Members have been observed using cell phones throughout the meeting and engaging in side conversations, sometimes behind notepads preventing the public from hearing the topic of conversation. Some Board Members also sporadically leave the room for a few minutes, thus affecting the quorum status.
Related Recommendations (1)
R4: Establish and adhere to a decorum policy for the Board Meetings to ensure public transparency. Follow Robert’s Rules of Order, eliminate cell phone usage, and reduce side bar conversations during the meeting. This should be in place by September 1, 2024. (Finding 4)
F5: The aftermath of the fire at the building on Bay Avenue revealed that the building was not up to current building codes. The building sustained fire, water, and structural damages resulting in an unsafe condition. Asbestos was also detected during an inspection. Code upgrades may not be covered by their insurance claim, leaving the EKHCD to pay for the upgrades.
Related Recommendations (1)
R5: Work with California City’s Building Planning Department to ensure that repairs of the Bay Avenue Building will be up to current building codes. This should be initiated by September 1, 2024. (Finding 5)
F6: Annexation of Ridgecrest Regional Hospital will benefit Eastern Kern County communities with improved access to health care and governmental funding sources. During the annexation process, the EKHCD will have to update their Administrative Code of Operating Procedures and Municipal Service Review (MSR) to include the operations of RRH facilities and its other entities.
Related Recommendations (1)
R6: Develop and publish a strategic plan with the Ridgecrest Regional Hospital on how to use the annexation to benefit all residents of Eastern Kern County with convenient access to medical and health care. This should be in place by November 30, 2024. (Finding 6) NOTES: • The East Kern Health Care 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/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: East Kern Health Care District
F7: The EKHCD Board opted not to fill a position left vacant in 2023. This has led to voting difficulties and maintaining a quorum. Three Board Member positions will be open for election in November 2024, filling all five seats.
F8: The EKHCD website is well maintained; however, the Staff and Board Meeting Minutes webpages need to be updated regularly and made available to the public. COMMENTS: The Grand Jury appreciates the input provided by all interviewees, the cooperation of the East Kern Health Care District Board Members, and Ridgecrest Regional Hospital staff in preparation of this report. The District’s website was very useful in obtaining the needed documents, information, and links to important webpages. The Grand Jury looks forward to seeing how EKHCD navigates the annexation process with Ridgecrest Regional Hospital and hopes the rural Eastern Kern County will benefit with improved access to health care.
Findings & Recommendations 19 findings
F1: The District has a website with public information about the operations and services that the District provides. Unfortunately, it is not well maintained with up-to-date information and does not meet all the requirements of Cal Health and Safety Code §32139. Additionally, contact information is not available for each Board Member. The website fails to provide transparency to the public. Furthermore, the Grand Jury was denied access to contact information of Board Members, causing a delay in this investigation.
Related Recommendations (2)
R9: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Develop and publish on the District’s website, and in binder form for each Board Member to use as a reference, a complete set of the Board Policies and Procedures Handbook. This should include procedures to approve contracts, monthly stipends for Board members, approved users of credit cards, timing for ethics and Brown Act Training, duties and responsibilities of Board Members, and for contracts requiring an RFP. This should be completed by June 1, 2024. (Findings 1, 2 and 3)
R11: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Update and maintain the District’s website at least monthly to meet all the requirements of CA Health and Safety Code §32139, and include biographies, photos, and contact information of Board Members and administrative staff, allowing for better public access to the District and increasing transparency. This should be in place by June 1, 2024. (Findings 1 and 8)
F2: The Board delegates the routine operations of the District to the CEO. As per the District’s Bylaws, Board Members shall refrain from interfering in the day-to-day operations; however, they are responsible for implementing policies, retaining legal counsel, and making financial decisions in the best interest of the District. Members of the Board may approve contracts after discussion at public board meetings. Members of the Board or the Board President have no authority to sign contracts and agreements without approval of the Board, at an open board meeting, with public input. However, the Board President, without Board approval and public input, signed many contracts and agreements (Engagement Letters).
Related Recommendations (2)
R7: The Grand Jury recommends that the North Kern South Tulare Hospital District should: By June 1, 2024, place all future contracts over $25,000 on the Board’s agenda to be discussed and approved by the Board before being signed and implemented by the Board President and/or CEO. This allows the public to have input in actions of the Board. (Findings 2, 9, 10 and 17)
R12: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Refocus and redirect goals toward patient care and staff morale. Excessive administrative staff turnover takes focus away from patient care. This should begin by June 1, 2024. (Findings 2 and 3)
F3: The Bylaws do not indicate the date of ratification nor the date of last revision. The Bylaws need to be reviewed and updated to reflect the current operation of the District, including the duties assigned to the officers and to the District administration with the use of an organizational chart. Discussions of updating the Bylaws have taken place at board meetings, with no action. As per Article XV, The Board of Directors will review these Bylaws at least biennially and alter them to conform to changes in the law and the standards of the Joint Commission on Accreditation of Healthcare Organization. Not having an organizational chart and defined roles and responsibilities for the administrative staff indicates a lack of public transparency and fails to provide structure for daily operations.
F4: Three newly appointed Board Members apparently communicated via phone and text messages in a wheel hub meeting and/or a serial meeting (see glossary) prior to the first day of service at the December 12, 2022 District Board Meeting. The minutes of that meeting do not reflect a swearing of the oath of office for the three new Board Members. Each new member took the oath of office with a notary public at different times, days earlier or days and months later. This would be a violation of the California Constitution, Government Code, and The Brown Act.
Related Recommendations (3)
R2: The Grand Jury recommends that the North Kern South Tulare Hospital District should: By June 1, 2024, the District should re-seat the Board Member who was removed in December 2022. (Findings 4 and 16)
R3: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Seek a decision from the California Superior Court or an opinion of the California State Attorney General’s Office, not the opinion of a hired law firm, on the legal grounds to seat and/or remove Board Members. The process should be initiated by June 1, 2024. (Findings 4 and 16)
R5: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Publish by June 1, 2024, the Code of Ethics Policy for Board Members that had been discussed at previous board meetings. (Findings 4, 5, 6 and 7)
F5: Reportedly, the Board President continued to text and/or call other Board Members prior to District Board Meetings to get the members’ positions and/or discussion of District business. Such conversations would be a Brown Act violation.
F6: Records of the Board Members completing the required FPPC and The Brown Act trainings were not made available to the Grand Jury or to the public, showing a lack of transparency and dedication to the duties of a Board Member. (See Appendix D)
F7: As per the retainer agreement, dated December 14, 2022, with the newly hired legal counsel, Commencing December 14, 2022, the firm will provide advice to [Named Board Member] and will handle any other matter and provide any advice as requested by the District. This appears to give personal legal counsel to the Named Board Member with the invoices paid by the Districts’ public funds. This gives the impression that the new legal counsel firm is engaged, first and foremost, to represent the Named Board Member, and then the District.
F8: In accordance with the District’s Bylaws, regular meetings shall be held on the fourth Thursday of each month. However, the District’s website indicates that for calendar year 2021, the Board held 28 meetings, of which 16 were special meetings. The website has also recorded 17 meetings (12 regular and 5 special) for the 2022 calendar year. In 2023, the District held at least 19 meetings (11 regular and 8 special). The question is, why so many back-to-back special meetings? Apparently, there was a lack of planning for the monthly agendas that led to using special meetings to handle the District’s business. Public transparency may be in question as to the justification for having so many meetings. Is the public being properly informed of the District's business before action is taken?
F9: The District’s meeting agenda and minutes for the meeting of July 12, 2023, indicated that the Board adjourned into closed session. Nevertheless, the report on actions taken from the closed session, as required by The Brown Act, to engage with (Accounting and Business Consulting Firm) for up to $178,000, was not on the agenda. There was no public information, RFP, or retainer letter provided for inspection prior to the consideration of this item. This item does not meet the requirements for a closed session according to The Brown Act. Such actions of the Board may have also violated Health and Safety Code, Division 23, Chapter 2, Article 2, Section 32138, and lacks public transparency.
Related Recommendations (1)
R4: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Use the RFP with a “competitive means” process to award contracts for goods and services over $25,000, and seek public input before awarding contracts. This process needs to be included in the District’s procedures before June 1, 2024. (Findings 9 and 10)
F10: The Board President signed several contracts with vendors and expanded the scope of existing contracts without board approval or public comments. The public has the right to know before action is taken with vendor contracts that are over $25,000 and to review the purpose of such contracts.
F11: As per the District’s Bylaws, ARTICLE 1, SCOPE AND PURPOSE, Section 3. Purposes: (c.) To conduct educational and research activities essential to the attainment of its purpose. This District has done a great job of meeting this purpose by offering Certified Nursing Assistant Classes open to the public to help fill staffing shortages. (See Appendix B)
F12: The use of seven credit cards by employees leads to excessive spending; the monthly balance as of September 28, 2023, was $259,462.65. The use of paying routine expenses by credit card does not have the needed checks and balances with justifications for each expense. Not knowing the purpose of each charge leaves the public questioning how their funds are being used.
Related Recommendations (2)
R8: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Curtail and re-evaluate the excessive use of credit cards. The lack of accountability of seven cards and the risk of misuse may outweigh the benefit of the card usage. The use of purchase orders has the advantage of tracking the monthly spending and allows for prior approval before spending. This should be incorporated into next year’s budget and spending procedures by July 1, 2024. (Finding 12)
R14: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Re-evaluate and streamline the use of outside vendor contracts to a single contract per vendor including a defined description, scope of expected outcomes, and with a definite timeframe of completion. This should be completed by June 1, 2024. (Findings 12 and 17) NOTES: • The North Kern South Tulare Hospital District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: North Kern South Tulare Hospital District Board of Directors to 1 to 19 o
F13: The Grand Jury attended District Regular Board Meetings in person and via Zoom, with the following observations: meetings started on time with a quorum of the Board, staff members, and the public present. Legal counsel was live via Zoom to offer advice during the meetings and tracking the motions. Complete board meeting agendas and packets were available for the public. The meetings were conducted in an orderly manner with some discussions from Board Members and staff. The Grand Jury did not observe a sign showing that there was a meeting taking place on the front door of the building or outside of the meeting room door, as required. Two Board Members and staff members had their backs to the public, making it difficult to hear when they were speaking. The large TV monitor was not fully visible to the entire public, giving the impression that it is not important to attend meetings and participate in the District’s business. The CEO used the meetings to explain some of the plans he thinks would benefit the District and to meet the healthcare needs of the community. There was also discussion about hiring an additional law firm, developing an organizational chart, and creating guidelines for the CEO duties.
Related Recommendations (2)
R6: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Re-arrange the board meeting room so that all Board Members can address the public directly (facing the public) and be heard by the public. The use of a public address system would be beneficial. Consider re-locating the TV monitor for better visibility for all that attend the meeting. This would be more welcoming for the public to attend. This should be in place by June 1, 2024. (Finding 13)
R13: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Invite medical staff from both facilities to report to the Board and public at regular monthly meetings or on a regular basis, to discuss patient care, patient satisfaction, Centers for Medicare and Medicaid Services (CMS) complaints, and employee morale. This item should be placed on the June 2024 Board Meeting Agenda. (Finding 13)
F14: During a fact-finding visit to the District and its facilities, the Grand Jury noticed an empty lot belonging to the District that is not being utilized nor properly maintained. (See Appendix E). This is ideal for future growth.
F15: The Grand Jury observed and verified through interviews and videos of board meetings that the current HVAC system for the DDSNF needs repair and/or replacement. The use of portable fans and coolers creates a health and safety concern for the patients, staff, and visitors.
Related Recommendations (1)
R10: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Dedicate funding for the replacement or upgrading of the HVAC system in the DDSNF. Eliminating the use of portable fans and cooling systems in summer months will mitigate the risk of a safety hazard and improve patient care. This should be included in the next budget by July 1, 2024. (Finding 15)
F16: The Grand Jury could not verify through Board meeting minutes and/or videos of meetings, or from the Kern County Elections Office, that all current Board Members took and subscribed to the Oath or Affirmation of Office before performing the duties of a Board Member. This lack of documentation questions the authority of the Board to act and violates California Government Code.
F17: The District has been spending in excess of $340,000 with (Accounting and Business Consulting Firm) without defined expectations, outcomes, and end dates. This has the potential to lead to out-of-control spending and being locked into future expenses.
F18: The Board did not follow District Bylaws by holding the yearly officer election at the December 2023 Board Meeting. This gives the impression that officers are elected for the duration of their tenure.
F19: The funds being spent on legal fees are not being properly monitored. COMMENTS: The Grand Jury appreciates the input provided by all witnesses and the cooperation of the administrative staff in preparing this report. The District is serving the community and fulfilling the health needs of its residents. The amount of public funds being spent on professional fees and services is out of control for a district this size. Approximately one sixteenth (1/16) of the total budget is for such fees. In addition, the contracts for the out-sourcing for account reconciliation and audit are not clear-cut. The amount of public funds being spent for this purpose is astronomical. Having memberships with both the Association of California Healthcare Districts (ACHD) and the California Special Districts Association (CSDA) will be helpful in updating District Bylaws and Board Policies, and for the completion of the FPPC requirements. The lack of transparency and unwillingness to provide District public documents to the Grand Jury, based on the advice of legal counsel, made completing this report more difficult than necessary. The Grand Jury used the subpoena process to request the District Bylaws and District Policies and Operating Procedures. The District produced two sets of bylaws, and the Grand Jury made the assumption that the longer version with 15 articles and duties for the CEO is the most recent. The Grand Jury received the Policies and Operating Procedures via email. These policies and procedures appear to be a generic, incomplete version taken from a consultant website. They were last updated as far back as 2004 and contain no signatures of acknowledgement of receipt from any District employee. These policies and procedures were not generated specifically for the North Kern South Tulare Hospital District. Not being provided with adopted District Board policies and procedures made it difficult to assess the effectiveness of the Board in meeting their goals. Board Members have no set duties and do not fully understand their roles and responsibilities. It is time for the Board of Directors to know that the people have entrusted them with overseeing the District’s best interests. Instead of blaming previous Board and/or administrative staff for lapses, they shall act as the District’s present governing body, guiding the District’s long-term goals and policies, and assisting with strategic planning and decision-making. The day-to-day operations of the DDSNF and GNC should be left with the management and administrative staff. More focus should be on patient safety, quality of care, treatment, and services provided District wide. Stop the BLAME GAME! The Board Members must curtail the excessive spending and provide the oversight functions needed to direct the District into the future!
Related Recommendations (1)
R1: The Grand Jury recommends that the North Kern South Tulare Hospital District should: Establish protocols regarding the use of General Counsel and any outside counsel. This is to be completed before July 1, 2024. (Finding 19)
Findings & Recommendations 9 findings
F1: The Grand Jury finds that: There is a correlation between an increase of green pools and more reported cases of WNV.
F2: The Grand Jury finds that: Mosquitofish are a viable tool to manage mosquito larvae in stagnant water.
F3: The Grand Jury finds that: The District is implementing a solution that is expected to bring its financial audits current, as required by code.
Related Recommendations (1)
R1: The District continue the diligent work to bring its audits current by June 30, 2025, and ensure a plan is in place to prevent future audits from becoming delinquent. (Finding 3)
F4: The Grand Jury finds that: The District maintains an exceptionally informative website, including user friendly request for service forms.
F5: The Grand Jury finds that: The District’s detailed recommendation of the proper type and use of mosquito repellants is an important tool for disease prevention.
F6: The Grand Jury finds that: The District’s PIO is actively keeping the public educated with a plethora of information on mosquito awareness, contributing to the control of the mosquito population.
F7: The Grand Jury finds that: A mascot would be a beneficial addition to the District’s educational programs to increase public awareness.
F8: The Grand Jury finds that: The District is doing an exemplary job with mosquito population reduction and disease control. Efforts this past season have resulted in significantly lower reported cases (16) of WNV in the District during the wettest year in 40 years.
Related Recommendations (1)
R2: By September 30, 2024, the District should consider formulating a plan to create, adopt and implement a friendly mascot in their public outreach programs. (Finding 8)
F9: The Grand Jury finds that: The District’s truck decals could be more informative to create a more positive public perception. COMMENTS: The Grand Jury would like to thank the management and staff of the Kern Mosquito and Vector Control District. The District’s employees patiently answered our questions and did an excellent job sharing their expertise with us. We also enjoyed the relationship we developed with the District’s resident cat, Oreo. Oreo is estimated to be 25 years old, and she seems to be a great morale builder for the District staff. Plus, she has probably been an excellent “mouser” for them. Oreo Photo by Grand Jury
Related Recommendations (1)
R3: By September 30, 2024, the District should consider re-designing decals for its fleet of vehicles to increase positive public awareness. (Finding 9) NOTES: • The Kern Mosquito and Vector Control 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website https://www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: REQUIRED WITHIN 90 DAYS FROM: • The Kern Mosquito and Vector Control District Board of Trustees
Findings & Recommendations 7 findings
F1: The PYSB is unable to recruit and retain staff because of its inability to be wage competitive with other law enforcement agencies, causing a staff shortage, which results in excessive overtime pay.
Related Recommendations (2)
R1: Expedite approval to end the YSO promotional series and create a higher entry salary for newly hired YSOs by October 1, 2024, resulting in a reduction in mandatory overtime. (Finding 1)
R2: Seek re-consideration for funding approval from the Measure “K” Oversight Committee by January 15, 2025. (Finding 1)
F2: The Probation Department would have more insight into employee retention if leadership conducted exit interviews when employees depart to determine their reason for leaving.
Related Recommendations (1)
R3: Use the Probation’s Human Resources Department to create and implement a system by July 1, 2024, for conducting exit interviews when an employee departs the organization. Senior Probation Department staff should review exit interviews quarterly and submit an annual report to the Kern County Human Resources Department. (Finding 2)
F3: The mental healthcare trailers at CEO do not provide the confidential or therapeutic workspaces required to perform counseling duties, possibly violating HIPAA laws.
Related Recommendations (1)
R4: Replace the CEO mental healthcare trailers with new modules. This project should be initiated by July 1, 2024. (Finding 3)
F4: The JGBJH has no onsite electrical generator to provide backup power to the water pumps to ensure that the facility has potable water and emergency fire protection. This leaves the facility and the youth at risk during electrical outages.
Related Recommendations (1)
R5: Purchase a standby electrical generator for JGBJH to operate the potable water system. This work should be completed by November 1, 2024. (Finding 4)
F5: The Grand Jury also observed a damaged roof and hot water tank on one of the two CEO dormitories. This does not allow staff to use this building to house youth as intended.
Related Recommendations (1)
R6: Repair the damaged roof and water heater on the dormitory at CEO with confirmed pre- approved funding by October 1, 2024. (Finding 5 and 7)
F6: The JGBJH has dormitory rooms with peeling paint, leaving some rooms in the detention facility sub-standard as outlined by BSCC.
Related Recommendations (1)
R7: Repaint the dormitory rooms at JGBJH that have peeling paint by September 1, 2024. (Finding 6)
F7: The Grand Jury discovered that a communication problem exists between the Probation Department and General Services on maintenance requests, project proposals, soft cost estimates, and timely follow up for proposal requests. General Services has many clients to serve including PYSB, but several projects have failed to mature because of both parties’ failure to effectively communicate. COMMENTS: The Grand Jury encountered staff members with the PYSB who expressed genuine interest in redirecting young people from destructive behaviors, encouraging positive change, and preparing them to reunite with their families. This effort, when complemented with KernBHRS treatment, allows staff to prepare youth to re-enter their communities. The closing of DJJ, the aging of the two detention facilities, and the inability to recruit and retain employees places a large financial burden on the PYSB budget. The potential reduction of County general funding along with California’s 2024-2025 $58 billion budget deficit (Legislative Analyst Office, January 15, 2024) negatively impacts their budget. The impact is real, and the effect will greatly influence the PYSB with the possibility of reduction in staffing, shuttering facilities, and funding future mental health and substance abuse programs offered to the youthful offender. The PYSB will be forced to trim its budget with limited resources while trying to make a “Dollar out of Fifteen Cents” (Lyrics by Tupac Shakur).
Related Recommendations (1)
R8: Establish quarterly communication meetings between General Services and the Probation Department starting June 1, 2024, to ensure that both departments are working cohesively on all projects and maintenance requests. (Finding 7) NOTES: • The Kern County Board of Supervisors and Kern County Probation Department should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/goverment/other-agencies/grand-jury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.kerncounty.com/goverment/other- agencies/grand-jury. RESPONSE DEADLINE: REQUIRED WITHIN 90 DAYS FROM: • Kern County Board of Supervisors: Findings 1 - 7, Recommendations 1 - 8 • Kern County Probation Department: Findings 1 - 7, Recommendations 1 - 8 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(c) AND 933.05 WITHIN 90 DAYS TO: PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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. LIST OF ACRONYMS: APEX Achievement Perseverance and Excellence ASE Automotive Services Excellence BSCC Board of State and Community Corrections CCS College Community Services CEO Camp Erwin Owens COLA Cost of Living Adjustment CPR Cardiopulmonary Resuscitation DAO District Attorney’s Office DJJ Department of Juvenile Justice DPO Deputy Probation Officer FTR Furlough Treatment and Rehabilitation FY Fiscal Year HIPAA Healthcare Insurance Portability and Accountability Act HVAC Heating Ventilation Air Conditioning JGBJH James G. Bowles Juvenile Hall JJCPA Juvenile Justice Crime Prevention Act JPPS Juvenile Probation Psychiatric Services KCPD Kern County Probation Department KCSOS Kern County Superintendent of Schools KernBHRS Kern Behavioral Health and Recovery Services MOU Memorandum of Understanding SB Senate Bill WIC Welfare and Institutions Code YSO Youth Services Officer APPENDICES:
Findings & Recommendations 14 findings
F1: The constant turnover of City Managers has been very disruptive to the effective and efficient governance of the City.
Related Recommendations (1)
R1: The Kern County Grand Jury recommends that the City Council of the City of California City: By June 1, 2024, hire a full-time, permanent, qualified, and experienced City Manager. (Finding 1)
F2: In accordance with Council Resolution No. 12-23-3012, the City has recognized the need to add a Deputy City Manager classification to its staffing plan. If the City fills the position, it will go a long way toward alleviating the excess burden on the City Manager and allow the City Manager to better focus on key issues related to more efficient governance.
Related Recommendations (1)
R2: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, direct the City Manager to hire a Deputy City Manager in accordance with Council Resolution No. 12-23-3012. (Finding 2)
F3: The City has recognized the need to hire a Finance Director but has yet to fill the position. The lack of a qualified and experienced Finance Director means that the City has not established and maintained financial stability and long-term planning city-wide.
Related Recommendations (1)
R3: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, direct the City Manager to hire a full-time, permanent, qualified, and experienced Finance Director. (Finding 3)
F4: The City is consistently late in developing and approving its annual budget and filing it with the Kern County Auditor-Controller-County Clerk in accordance with CA Government Code §53901. For this reason, the City does not have a clear picture of its finances and is unable to effectively plan for both current operations and for the drastic revenue shortfalls it is facing.
Related Recommendations (4)
R4: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, direct the Finance Department, in collaboration with all City departments, to initiate a process to develop the Preliminary Annual Budget for the next fiscal year to be presented to the City Council for review by June 1, 2025. (Finding 4) 2023-2024 Kern County Grand Jury Report 7
R5: The Kern County Grand Jury recommends that the City Council of the City of California City: By August 1, 2024, direct the Finance Director to begin a process whereby all City departments help to develop, manage, and maintain their respective department budgets throughout the fiscal year. The Finance Director should oversee and coordinate this process. (Finding 4)
R6: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, direct the Finance Department to ensure that the Adopted Annual Budget include a narrative of an overview of significant changes to the previous budget, the major elements and issues of the current budget, and a fiscal outlook for the future. (Finding 4)
R7: The Kern County Grand Jury recommends that the City Council of the City of California City: By September 1, 2024, direct the Finance Director to ensure that a copy of the Adopted Annual Budget has been filed with the Kern County Auditor-Controller-County Clerk in accordance with the requirements of CA Government Code §53901 regarding the filing of financial reports. (Finding 4)
F5: The City does not regularly develop and review budget variance reports. Since the City does not measure its actual performance against its projected performance, it prevents the City from developing appropriate strategies to mitigate variances.
Related Recommendations (1)
R8: The Kern County Grand Jury recommends that the City Council of the City of California City: By October 1, 2024, cause quarterly variance reports to be generated and develop an action plan to make appropriate changes to either the budget or expenditures to reconcile or mitigate differences. (Finding 5)
F6: The City has consistently escalated its budget amounts for Legal Services and Litigation, and its expenditure for these has consistently far exceeded the budgeted amounts. This causes a significant fiscal concern regarding City operations and is also a source of frustration for the citizens since the reasons for these apparently excessive costs are not always transparent.
Related Recommendations (2)
R9: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, develop and implement a plan to reduce or eliminate excessive costs for legal services and litigation. (Finding 6)
R10: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, review the City’s expenditure rates for legal services and litigation, and direct the Finance Department to include more accurate amounts in its annual budget proposal. (Finding 6)
F7: Billings from the City Attorney are based on hourly rates. Unfiltered access to the City Attorney by city staff and citizens contributes to excess City Attorney fees for legal services. 2023-2024 Kern County Grand Jury Report 5
Related Recommendations (2)
R11: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, review all detailed costs for legal services and litigation on a monthly basis to verify that all billings are necessary and appropriate. (Finding 7)
R12: The Kern County Grand Jury recommends that the City Council of the City of California City: By August 1, 2024, direct the City Manager to begin a process to review and approve all interactions between City staff and the City Attorney and eliminate unnecessary interactions. (Finding 7)
F8: The reasons for termination of the City’s CIRA and ERMA memberships are of significant concern with respect to the City’s ability to manage its liability risks. The Grand Jury asked for, but did not receive, the actual letters of termination. However, both CIRA and ERMA advised the City that they were considering termination unless the City entered into respective Performance Improvement Plans. In accordance with a staff report from the City Manager in June of 2022: • CIRA was considering termination due to … significant concerns regarding the City's governance and risk management practices, public works, contractual risk transfer, accident investigation, law enforcement use of [a private consulting firm] and hiring practices for department heads. • ERMA was considering termination due to … significant concerns regarding the City's governance, risk management practices, claims history, and employment practices. The termination of the CIRA and ERMA memberships leaves the City unable to take advantage of the cost savings inherent in a statewide pooled risk management solution.
Related Recommendations (2)
R13: The Kern County Grand Jury recommends that the City Council of the City of California City: By September 1, 2024, review, revise, and develop as appropriate, its governing policies, procedures, trainings, contracts, and practices to manage liability risks to avoid or mitigate potential litigation. (Finding 8)
R14: The Kern County Grand Jury recommends that the City Council of the City of California City: By September 1, 2024, review and revise as appropriate, its hiring and employment policies, procedures, and practices to avoid potential litigation. (Finding 8)
F9: The City now carries property insurance, worker's compensation insurance, and insurance for its Police Department. The City has been unable to acquire a general liability insurance policy, causing significant concern as to whether the City is able to adequately mitigate its potential risks.
Related Recommendations (1)
R15: The Kern County Grand Jury recommends that the City Council of the City of California City: By September 1, 2024, review its insurance policies and assess its potential risks. If deemed to be inadequate, seek additional coverage. (Finding 9)
F10: Public meetings are not fully integrated with the software platform developed by a technology and services company for that purpose. The video cameras and microphones for video streaming and voice recordings of most meetings have not been indexed in the technology platform with the meeting agendas and minutes. This means that the City’s public meetings have not been fully accessible or transparent to the citizens.
Related Recommendations (1)
R16: The Kern County Grand Jury recommends that the City Council of the City of California City: By August 1, 2024, fully integrate all meetings with the City’s media management software and ensure that the appropriate staff are trained to manage the process on an ongoing basis. (Finding 10)
F11: The City Council does not approve meeting minutes on a regular basis and the minutes are either not published in a timely manner or made available to the public on the City’s website. This means that the City’s public meetings are not fully accessible and transparent to the public.
Related Recommendations (2)
R17: The Kern County Grand Jury recommends that the City Council of the City of California City: By June 1, 2024, establish a process whereby every agenda for City Council meetings includes an item for the approval of the minutes of the previous meeting. (Findings 11 and 12) 2023-2024 Kern County Grand Jury Report 8
R18: The Kern County Grand Jury recommends that the City Council of the City of California City: By June 1, 2024, establish a process to regularly and timely upload the approved minutes of its meetings to its website for public access. (Findings 11 and 12)
F12: Since meeting minutes from previous City Council meetings are not regularly placed on the agenda for approval by the City Council, it is not clear how the City Council reconciles the resolutions posted in the agendas against the actual resolutions voted on in open session.
F13: The City’s inability to keep up with monitoring compliance and enforcement of the cannabis industry is largely due to lack of City staff. For this reason, on January 10, 2023, the City contracted with an outside consultant to provide … a thorough analysis of the existing cannabis ordinances and to make recommendations based on gaps of compliance that can help improve the overall success of enforcement. The consultant released an update report in August 2023 indicating that, among other findings, there was a total of approximately $507,000 in unpaid license and permit fees and uncollected excise taxes. This outstanding revenue remains uncollected, and this has a significant negative impact on the financial outlook of the City. 2023-2024 Kern County Grand Jury Report 6
Related Recommendations (2)
R19: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, develop an action plan, including qualified personnel, to recover the approximately $507,000 in outstanding revenue from the cannabis industry. (Finding13)
R20: The Kern County Grand Jury recommends that the City Council of the City of California City: By July 1, 2024, establish a managed, coordinated, and consistent approach to cannabis industry code compliance and enforcement. (Finding 13) Photo from: 23ABC News Video 2023-2024 Kern County Grand Jury Report 9 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: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at: https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINES: • REQUIRED WITHIN 90 DAYS FROM: City of California City, City Council to Findings 1 to 14 and o Recommendations 1 to 20 RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(c) AND 933.05 TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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. 2023-2024 Kern County Grand Jury Report 10
F14: The City does not have a clear path forward to address the budget shortfalls due to the expiration of the Measure C Public Safety Tax and the closing of the California State Prison. Photo from: California City Correctional Wikimedia Commons COMMENTS: The City of California City provided its responses to the Recommendations of the 2021-2022 Grand Jury Report in accordance with Penal Code §933.05(b). However, it did not provide its responses to the Findings of that report in accordance with Penal Code §933.05(a). The Grand Jury looks forward to the City’s responses to both the Findings and the Recommendations of this 2023-2024 Grand Jury Report. The Grand Jury would like to thank all interviewees, including City officials, staff, and citizens for their assistance with our investigation and for their time and cooperation.
Findings & Recommendations 4 findings
F1: Delayed response times to complaints of illegal fireworks in the neighborhood during the July 4th holiday causes citizens to become frustrated.
Related Recommendations (1)
R1: The KCFD develop a response team to monitor illegal fireworks complaints during the July 4th holiday beginning June 1, 2024. (Finding 1)
F2: Since the KCFD informs citizens of the dangers of deep-frying turkeys during the Thanksgiving holiday, and the dangers of having dried Christmas trees in the home during the Christmas holiday, citizens should also be made aware of the dangers of illegal fireworks during the July 4th holiday.
Related Recommendations (1)
R2: The KCFD increase public outreach through Public Service Announcements (e.g., newspaper, radio, social media, billboards) regarding dangers and repercussions of possessing and using illegal fireworks during the July 4th holiday beginning June 1, 2024. (Finding 2)
F3: Monitoring social media for sales of illegal fireworks may be a useful resource.
Related Recommendations (1)
R3: The KCFD create a task force to search social media for the sale of illegal fireworks beginning June 1, 2024. (Finding 3)
F4: Drones have proven to be useful in locating illegal fireworks in neighborhoods by flying at high altitudes covering wider areas. COMMENTS: The citizens in Kern County enjoy watching fireworks during the July 4th holiday. The Kern County Fire Department works with other law enforcement agencies to help curb the use of illegal fireworks, but the problem cannot be eliminated easily. Citizens need to be alert and assist fire departments and law enforcement agencies by reporting any use of illegal fireworks.
Related Recommendations (1)
R4: The Kern County Board of Supervisors initiate a feasibility study to possibly allocate additional funds to the Kern County Fire Department budget for the purchase of drones and training of personnel by June 1, 2024. (Finding 4) NOTES: • The Kern County Fire Department and the Kern County Board of Supervisors should post a copy of this report in areas for public viewing. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: The Kern County Fire Department o The Kern County Board of Supervisors o RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c) AND 933.05 TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 APPENDICES: A. Recommended 2023-2024 Kern County Fire Department Budget. B. Photos of confiscated fireworks from cities around California. C. Copy of Administrative Citation from the Kern County Fire Department. 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.
Findings & Recommendations 15 findings
F1: The Wastewater Treatment Plant has been neglected resulting in an urgent situation to become State compliant.
Related Recommendations (1)
R1: A contingency plan to service affected sewer customers in the event of treatment facility closure due to non-compliance should be put in place by the CSD no later than July 1, 2024. (Finding 1)
F2: The State Time Schedule Order deadline is quickly approaching (2025), with insufficient CSD funds to make necessary improvements to satisfy the State mandates.
F3: The failure to implement scheduled sewer rate increases, which have now expired, has caused operational and capital improvement costs to be underfunded requiring a new Prop 218 study to be conducted.
Related Recommendations (2)
R2: The CSD initiate a new sewer rate increase study in accordance with Prop. 218 by July 1, 2024, to ensure that future operating costs and capital improvements are funded. (Finding 3)
R3: The CSD implement future scheduled increases as recommended by all Prop. 218 studies. (Finding 3)
F4: The progress of the Grant application submitted to the CWSRF in November 2021 is not being routinely monitored.
Related Recommendations (1)
R4: The CSD assign a watchdog no later than July 1, 2024, to track the grant application process monthly and report to the General Manager. (Finding 4)
F5: If grants are rejected, then a loan may be more economical for the sewer customers over the necessity of installing an engineered system on their parcels, which could cost between $ 10,000 - $ 20,000. An example of the loan repayment: $3,000,000 Loan for Upgrade of Wastewater Treatment Plant Example at 6% interest 10 year Monthly Payment $33,306 divided by 380 users $87.65 Bi-monthly $175.30 20 year Monthly Payment $21,492 divided by 380 users $56.56 Bi-monthly $113.12 Generated by Grand Jury
Related Recommendations (1)
R5: The CSD should, by July 1, 2024, diligently investigate the feasibility of securing a loan for State mandated Wastewater Treatment Plant capital improvements. (Finding 5)
F6: The reasons for the sewer rate increases not being implemented annually, and the financial situation of the Wastewater Treatment Plant, were not communicated effectively to the affected customers.
Related Recommendations (1)
R6: The CSD should keep affected customers informed of any deferred sewer rate increases within 30 days of deferment. (Finding 6)
F7: It is not practical to expect residents to attend board meetings as their only source of information due to scheduling and space limitations, leaving them uninformed.
Related Recommendations (2)
R7: Effective by July 1, 2024, the CSD should timely communicate important issues with all affected residents, using bill inserts, The Bridge Newsletter and/or Town Hall meetings. (Finding 7)
R8: The CSD keep the affected customers informed semi-annually of the Wastewater Treatment Plant’s financial situation, effective July 1, 2024. (Finding 7)
F8: The CSD followed CA Public Contract Code §22030 regarding the water meter replacement project; however, residents were not completely informed of the bidding process, causing distrust.
Related Recommendations (1)
R9: Effective by July 1, 2024, the CSD should hold Town Hall or Special meetings to promote transparency with the residents for future major projects requiring bids. (Finding 8)
F9: The CSD failed to identify the contents of records to be destroyed in the Board Meeting agenda of August 2023, creating suspicion.
Related Recommendations (1)
R10: The CSD ensure that records are properly labeled per CA Govt Code §60201 in the board meeting agendas and allow time for approval from the Board prior to destruction, effective July 1, 2024. (Finding 9)
F10: The Policies and Procedures governing the District are not available on the CSD website, resulting in a lack of transparency.
Related Recommendations (1)
R11: The CSD update their website to include Policies and Procedures by July 1, 2024. (Finding 10)
F11: CSD Ordinance 160 does not explain the Administrative Citation enforcement process regarding collection of fines, trash facility access suspension and termination of services, causing complaints.
Related Recommendations (1)
R12: The CSD Board amend Ordinance 160 to specifically state the authority of the district to suspend health related services (water, sewer, or trash) as permitted by law, in the enforcement of Administrative Citations. This recommendation should be implemented by July 1, 2024. (Finding 11)
F12: Much of the 40 acres of property on Pellisier Road purchased by the CSD may be underutilized.
Related Recommendations (1)
R13: The CSD revisit alternate uses by July 1, 2024, of the surplus acreage as explored by the previous General Manager on the board meeting agenda of March 19, 2019. (Finding 12)
F13: The library, situated two miles from the center of Stallion Springs, is not easily accessible to residents with limited transportation.
Related Recommendations (1)
R14: The CSD consider the feasibility by July 1, 2024, of relocating the library to a more accessible location for the residents of Stallion Springs. (Finding 13)
F14: The Stallion Springs Police Department is engaged with the community and performs its duties professionally and impartially with limited personnel and struggles to be competitive.
Related Recommendations (1)
R15: The CSD consider by July 1, 2024, initiating a special assessment tax to fund additional staff for Police and Public Works. (Findings 14 and 15) NOTES: • The Stallion Springs Community Services District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: Stallion Springs Community Services District Board of Directors • RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(c) AND 933.05 WITHIN 90 DAYS TO: • PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 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. GLOSSARY: Administrative Citation: A citation issued by an enforcement officer for a code violation. Blending facility: Equipment used to mix sources of clean water to dilute contaminates to acceptable levels. Bridge Newsletter: An online and printed publication of the CSD to inform residents of current events. 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. Located in California Government Code 54950 et seq., it is an act of the 1952 California State Legislature authored by Assembly Member Ralph M. Brown. Central Valley Regional Water Quality Control Board: California’s largest regional water quality control board encompassing all or part of 38 counties whose specific responsibilities and procedures are contained in the Porter-Cologne Water Quality Control Act. Clean Water State Revolving Fund: A self-perpetuating loan assistance authority for water quality improvement projects administered by the EPA. Groundwater recharge: A process where surface water moves downward into the earth to replenish aquifers. Membrane Bioreactor: Technology used for performing secondary treatment of municipal wastewater. Ordinance 160: A Stallion Springs CSD law establishing procedures for processing code enforcement administrative citations. Proposition 218: California State amendment passed in 1996. Restricts local government revenue raising ability. Proposition 68: Parks and Water Bond Act passed in 2018 to fund improvement grants. Sequencing Batch Reactor: An activated sludge system applied in wastewater treatment. Tertiary: Third in the process of wastewater treatment. Time Schedule Order: Central Valley Regional Water Quality Control Board order to comply with specific actions by certain dates. Wastewater Treatment Plant: A CSD facility consisting of lift station pumps, digesting ponds, agitators and drying beds to convert raw sewage into dry solids and clean effluent.
F15: The Public Works Department is doing an excellent job for the community with minimal staffing. COMMENTS: The Grand Jury would like to thank the dedicated leaders and staff of the CSD, as well as the residents of Stallion Springs. Everyone was cooperative with answering our questions and supplying us with a plethora of information. Our visit was made more enjoyable by the three polite young men on bicycles and a young bear cub that kept us captive as it guarded the exit from the Public Works office. The cub was not a cooperative interviewee. Picture sourced from Bing images
Findings & Recommendations 8 findings
F1: There are alternative technologies that would increase the efficiency of waste management. Since the current economic burden of monitoring a closed landfill continues indefinitely, the ability to process more than 90% of trash would result in diminished landfill acreage. This translates to savings for Kern County residents and lower tipping fees for haulers.
Related Recommendations (1)
R3: The Board of Supervisors should direct the Public Works Department to implement technologies that mitigate the financial and environmental costs. This should be underway by January 1, 2024, to ensure a more stable waste management system in the future. (Findings 1, 4 and 5)
F2: The efficient processing of solid waste requires a certain number of workers. However, at present, City and County waste facilities are understaffed.
Related Recommendations (1)
R1: The Board of Supervisors should direct the Public Works Department to hire sufficient staff for the waste facilities and have the already budgeted positions filled by July 1, 2023. (Finding 2)
F3: Unfunded State Mandates regarding the revisions of waste management place an added financial burden on local governments.
Related Recommendations (1)
R2: The Board of Supervisors should direct the Public Works Department to apply for grants to offset the costs associated with State Mandates by July 1, 2023. (Finding 3)
F4: The advancements of recycling trash into marketable products will offset the cost of the State Mandates and be a significant source of revenue both from and for waste management for Kern County.
Related Recommendations (1)
R4: The Board of Supervisors should make a loan to the Public Works Enterprise Fund to finance advanced technologies by October 1, 2023. (Finding 4)
F5: Mixed loads of construction site waste materials periodically end up at the recycling area instead of the landfill.
F6: Some revenue from recycling paper is lost needlessly due to exposure to rain at the City of Bakersfield's MRF.
Related Recommendations (1)
R5: The Bakersfield City Council should direct the Public Works Department to provide an appropriate cover for paper to be recycled at the City of Bakersfield MRF, by July 1, 2023. (Finding 6)
F7: The Mt. Vernon Green Waste Facility generates two major by-products: mulch and a nutrient-rich soil amendment. The public should be aware that this valuable garden resource is available at no cost, and the soil amendment is available for $1/bag or $20/yard to be picked up at the facility.
Related Recommendations (1)
R7: The Bakersfield City Council should direct the Public Works Department to create a low- cost marketing plan for the distribution of mulch and soil amendment by March 15, 2023. (Finding 7) NOTES: The Kern County Department of Public Works should post a copy of this report • where it will be available for public review. The City of Bakersfield Department of Public Works should post a copy of this report • where it will be available for public review. RESPONSE DEADLINES: REQUIRED WITHIN 90 DAYS FROM: The Kern County Board of Supervisors must respond to Findings 1, 2, 3, 4, 5, and 8; Recommendations 1, 2, 3, 4, and 6 REQUIRED WITHIN 90 DAYS FROM: The City of Bakersfield City Council must . respond to Findings 2, 3, 6, 7, and 8; Recommendations 5, 6, and 7 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. BIBLIOGRAPHY: Bakersfield City. Garbage / Recycling | Bakersfield, CA - Official Website (bakersfieldcity.us) 2022 - 2023 Grand Jury Bakersfield. https://www.bakersfieldcity.us. Garbage-Recycling City of Bakersfield: Fiscal Year 2022-23 Proposed Budget HTTPS://CONTENT.CIVICPLUS.COM/API/ASSETS/7EC70A37-028F-46FE-9059- 485449B20CA4?CACHE=1800 Fact Sheet: Biochar | American University, Washington, DC Husock, Howard. The Declining Case for Municipal Recycling. June 2020. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2020 Natural Gas and California, 2020 Society of Environmental Scientists. Where Does All That Recycling Go? | SEJ https://stanfordmag.org/contents/how-much-recycling-actually-gets-recyled 2022 - 2023 Grand Jury BOARD OF SUPERVISORS KATHLEEN KRAUSE SUPERVISORS CLERK OF BOARD OF SUPERVISORS Phillip Peters......District 1 Kern County Administrative Center Zack Scrivner......District 2 1115 Truxtun Avenue, 5th Floor Jeff Flores......District 3 Bakersfield, California 93301 David Couch......District 4 Telephone (661) 868-3585 Leticia Perez......District 5 TTY Relay 800-735-2929 February 14, 2023 The Honorable J. Eric Bradshaw, Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Bradshaw: Transmitted herewith is the Board of Supervisors' response to the 2022-2023 Grand Jury's Final Report titled The Transformation of Trash in Kern County. The Board of Supervisors appreciates the Grand Jury's review and input. Sincerely, 1 7h Jeff Flores, Chair Kern County Board of Supervisors JF/SH/COMPL_GJ Public Works A
F8: Incorrect disposal of non-recyclables into the blue can complicates sorting when done by hand and can contaminate the entire container, adding to the cost of processing. 2022 - 2023 Grand Jury COMMENTS: The Grand Jury toured solid and wastewater sites within and adjacent to the City of Bakersfield and found each of these facilities to be run efficiently and to the best of their capacity given the current labor shortage. Ecological considerations of management are foremost in mind. The workers the Grand Jury spoke with at the facilities were dedicated to the integrity of the waste processing industry, although they could be making more money elsewhere. The Grand Jury thanks the County and City officials who so graciously gave their time and shared their expertise.
Related Recommendations (1)
R6: The Board of Supervisors and the Bakersfield City Council should direct their respective Public Works Departments to issue stickers for both the blue and green cans as a reminder of which items go into each. These stickers should be enclosed with the annual trash pick-up schedule beginning July 1, 2023. (Finding 8)
Findings & Recommendations 7 findings
F1: The City lacks Code Compliance. There are many cluttered properties that attract vermin and detract from the overall aesthetics of the City. Additionally, there is a significant number of verified unpermitted buildings and trailers used for housing. Disregard for community appearances does not entice investment in the City.
Related Recommendations (1)
R4: By July 1, 2023, the City Council should reinstate the Code Compliance Department. (Findings 1 and 3)
F2: There is a deficit of knowledge of the roles and responsibilities by elected officials.
Related Recommendations (1)
R2: Beginning June 1, 2023, the City Council should require elected officials to attend professional and educational seminars annually. This would strengthen leadership and planning skills and address the issues of local government. Newly elected officials should attend such a seminar within 90 days following election. (Finding 2)
F3: The tax base is not adequate to retain a full-time Code Compliance Officer, and projects and staff that would improve the economic health of the City and transform it into a thriving community.
Related Recommendations (1)
R5: By October 6, 2023, the City Council should produce a timeline to broaden the City’s economic base by various means: applying for grants to provide free rural Wi-Fi, supporting the renovation of the historic buildings on California Street and dedicating them as businesses, such as a tasting room for coastal wineries or as a micro-brewery in conjunction with restaurants. The encouragement of businesses would attract visitors and provide goods and services for residents and travelers. (Findings 3, 4 and 5)
F4: Economic development and incentives for entrepreneurship would benefit both residents and travelers to generate additional revenue for the City. Historic buildings on California Avenue in downtown Maricopa (Grand Jury photo)
Related Recommendations (1)
R1: By June 1, 2023, the City Council should coordinate with Kern County Planning and Natural Resources Department to encourage the location of the proposed “Carbon Management Business Park3” for a positive economic impact of Maricopa. (Findings 4 and 5)
F5: An appropriate branding of the City would define an identity that reflects the uniqueness and potential of this enduring community. The restoration of historic buildings could spawn cottage industries. Furthermore, amenities such as campgrounds and RV facilities could lure adventurers to access the geological appeal, hiking trails and climbing routes in the nearby Wind Wolves Preserve, Temblor Range, San Emigdio Mountains, and Carrizo Plain.
F6: New affordable and low-income housing could accommodate the current need while inspiring a new wave of economic growth and vice versa.
Related Recommendations (1)
R3: By June 3, 2023, the City should apply for grants for affordable and low-income housing through entities such as Housing and Urban Development (HUD) and subsidies from Federal, State, and local governments. (Finding 6)
F7: Maricopa’s past includes the influence of the Chinese immigrant labor force and Indigenous Peoples, which has not been sufficiently brought to light. Embracing the cultures of former residents, as well as that of the current community, could ignite a sense of pride that would contribute to the re-imagining of Maricopa as a dynamic community. 5 113 COMMENTS: The Grand Jury thanks City officials and community members who have so generously given their time for this report. The following recommendations comport with the General Plan, while some emphasize combining historic preservation with economic growth.
Related Recommendations (1)
R6: By November 1, 2023, the City Council should research and apply for grants that provide for historic restoration. i.e., National Trust for Historic Preservation. (Finding 7) 3 A Carbon Management Business Park is designed to capture 8 to 10 million tons of CO per year. 2 6 114 NOTES: • The City of Maricopa 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: MARICOPA CITY COUNCIL • RESPONSES ARE REQUESTED: KERN COUNTY PLANNING AND NATURAL RESOURCES DEPARTMENT • PURSUANT TO PENAL CODE §§933(C) AND 933.05 WITHIN THE ABOVE STATED TIME FRAME 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. 7 115
Findings & Recommendations 5 findings
F1: Tom Sawyer Lake is a necessary water retention area for non-potable water from the Golden Hills Sanitation Company’s discharge, as well as for “dip” use by Kern County Fire Department helicopters. It also provides area residents with a small riparian reserve for family enjoyment. 3 71
Related Recommendations (1)
R1: GHCSD should continue to monitor the costs vs. benefits of pumping additional water into Tom Sawyer Lake with an eye towards conservation. (Finding 1)
F2: Brown Act requirements appear to be observed.
F3: Posting of Board Meeting Minutes to the website is sometimes not timely, which can hinder transparency.
Related Recommendations (1)
R2: GHCSD should implement a system to ensure timely posting of Board Meeting Minutes by March 1, 2023. (Finding 3) NOTES: • The Golden Hills Community Services District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at the Kern County Grand Jury website. • Present and past Final Reports and Responses can be accessed on the Kern County Grand Jury website. RESPONSE DEADLINES: • REQUIRED WITHIN 90 DAYS FROM: GHCSD 4 72 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 FOREMAN • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. California Penal Code §929 requires that reports of the Grand Jury do not contain the names of any person or facts leading to identity of any person who provides information to the Grand Jury. 5 73
F4: Since the resignation of the management team in 2017, relations between the new management team and workers have improved with no complaints of harassment allegations, conflicts of interest or hostile work environment complaints being filed.
F5: The current GHCSD building is adequately designed for the operational needs of the District and local community. COMMENTS: The Grand Jury would like to thank the board and staff of GHCSD for their cooperation during this investigation. We also thank the board and staff of TCCWD for their help in preparing this report.
Findings & Recommendations 6 findings
F1: The Aging and Adult Services office and facility were clean, well maintained, and the staff was friendly and helpful. This makes for a helping and welcoming environment for clients needing assistance.
Related Recommendations (2)
R1: The Kern County Board of Supervisors (BOS) should work with the Department of Aging and Adult Services to develop strategies to find additional ways to promote the services available through the Department, i.e., local television, newspaper articles, billboards, and buses. This should be completed by July 1, 2023. (Findings 1, 2, 3, and 5)
R2: The BOS should work with CAPK and GBLA to develop a plan for promoting all the services available to the aging adults including 2-1-1 Kern County throughout 27 the community. This should be completed by July 1, 2023. (Findings 1, 2, 3, 4, and 5)
F2: The last Kern County Grand Jury Report (2019-2020) was posted and visible to the public on the Department’s lobby bulletin board, projecting an appearance of openness to the Grand Jury recommendations.
F3: It is a concern that many homeless and mental health cases are repeat clients, thus requiring a need for case management work on an ongoing basis.
F4: Wait times on the 2-1-1 Kern County call centers may be 30 minutes to an hour, during which clients may get discouraged and hang up.
Related Recommendations (1)
R3: The BOS should work with the Department and the 2-1-1 Kern County to develop strategic procedures to reduce the call wait-time for those needing assistance. This should be completed by July 1, 2023. (Finding 4)
F5: With the increase of the aging population in the County, additional funding and staff will be needed to assist the elderly within the next decade. COMMENTS: The Grand Jury would like to thank the individuals who provided information for this report. All the staff at the Aging and Adult Services Department, 2-1-1 Kern County, Adult Protection Services, and Greater Bakersfield Legal Assistance were very helpful and welcomed the Grand Jury. The Department’s offices were clean and very pleasant, with a large variety of informational brochures available to the walk-in clients. The reporting of elder abuse and elder concerns is a top priority, and it is very important to make sure that all elder adults get the proper assistance. Concerns regarding the aging population are taken very seriously at all levels of government. National, State, local websites and 1-800 hotlines are available for information and assistance, 24/7.
Related Recommendations (1)
R4: The BOS should work with the Department’s Director to determine its needs for the next decade, due to the increase of the elderly population projections. This should be completed annually before July 1 of each year. (Finding 5) NOTES: • The Kern County Aging and Adult Services Department and the Kern County Board of Supervisors should post a copy of this report where it will be available for public review. • The 2-1-1-Kern County and Community Action Partnership of Kern should post a copy of this report where it will be available for public review. • The Greater Bakersfield Legal Assistance 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: Kern County Board of Supervisors • REQUESTED 90 DAYS: Kern County Aging and Adult Services Department is invited to respond to this report. • REQUESTED 90 DAYS: 2-1-1 Kern County and GBLA are invited to respond to this report. RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c) AND 933.05 TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 28 • 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.
F6: The Coronavirus Aid, Relief, and Economic Security Act signed into law March 27, 2020, provides over $2 trillion of economic relief to workers, families, small 29 businesses, industry sectors, and other levels of government that have been hit hard by the public health crisis created by the Coronavirus Disease 2019 (COVID-19).
Findings & Recommendations 37 findings
F1: causing a loss of funding to both the State and Kern County. Therefore, First 5 Kern will have to continue to readjust the local programs being funded. The result will be less available services for children 0 to 5 years of age. The four Focus Areas of The Strategic Plan meet the State requirements for
Related Recommendations (1)
R1: and Families Commission to reach out and collaborate with First 5 California and other agencies to promote a statewide effort to increase the Tobacco Tax, and/or find other revenues to continue the programs for children 0 to 5 years of age, by January 2, 2024. (Findings 1, 2, and 3) The BOS should encourage First 5 Kern Commission to develop strategies to
F2: children's specific needs. First 5 Kern funded programs must meet Objectives and Result Indicators. The on-going annual evaluations ensure that current needs of children are being addressed. The next five years will be critical for First 5 Kern, due to the fact that funding is on
F3: the decline and reserves are being reduced to maintain the current programs. The next five-year Strategic Plan will have to address loss of funds, loss of programs, loss of staff, and loss of services to children and families. All children qualify for First 5 Kern's opportunities through most programs,
F4: regardless of citizenship status or economic family status. This allows First 5 Kern to better serve all children and families. First 5 Kern promotions try to reach the community through newsletters and emails.
F5: However, the public may still be confused or unaware of First 5 Kern and the programs available. The First 5 Kern logo is required to appear on all funded programs' literature, fliers, newsletters, advertisements, popup events and health fairs. More public relations is needed to keep the public informed. The Grand Jury conducted an unannounced visit to the Technical Advisory
Related Recommendations (1)
R2: promote new programs and projects in the news media to help inform the public of First 5 Kern. This should be an ongoing program beginning no later than December 1, 2023. (Finding 5) The BOS should work with First 5 Kern Commission to review and update The
F6: Committee meeting. The meeting was well organized and the teamwork among attendees was outstanding. Those in attendance were engaged and eagerly volunteered to conduct research into First 5 Kern's Goals, Objectives, and Result Indicators. At the next meeting, the committee will address the results from the team to evaluate the data and make changes to the next Strategic Plan. This will keep The Plan up to date in providing for the needs of children and families.
Related Recommendations (1)
R3: Strategic Plan on an annual basis, in order to award new grants and opportunities. The Strategic Plan should be updated by December 1, 2023. (Findings 6 and 9) NOTES: The Kern County Board of Supervisors and Kern County Children and Families . Commission 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:
F7: Due to COVID restrictions, funding reductions, and changes in staff assignments, First 5 Kern staff would benefit from ongoing team building activities. After attending a Children's Mobile Immunization Clinic held by Adventist Health,
F8: the Grand Jury noted a well-advertised and organized program. Patients were greeted, provided services in private, and cared for with respect. The First 5 Kern logo was visible on the mobile bus. Ply, hoo Photos by the Grand Jury First 5 Kern has collaborated with local agencies to fund over 39 programs, all
F9: meeting the needs of the children and objectives in The Plan. (See Appendix A) This is definitely a community effort working together. COMMENTS: The Grand Jury would like to thank the staff from First 5 Kern for the cooperation and information given for the preparation of this report.
F10: Nurse Family Partnership Program $ 625,000 o Kern County Public Health Services Department Intensive case management, parental education and support services to high-risk, low-income, first-time mothers and children $ 204,095 Richardson Special Needs Collaborative
F11: Kern County Superintendent of Schools 0 Case management, behavioral needs screening, referrals, and other support services for children up to age 5 $ 150,000
F12: Special Start for Exceptional Children Caring Corner 0 Early childhood education, parental support and childcare for medically fragile
F14: Arvin Union School District 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge $ 140,000
F15: Buttonwillow Community Resource Center Buttonwillow Union School District 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge $ 565,000
F16: Differential Response Kern County Network for Children 0 Assists in the reporting of suspected child abuse and neglect to reduce the rate of recurrence of child abuse, neglect, and entry into protective custody and foster care $ 239,681
F17: Domestic Violence Reduction Project Greater Bakersfield Legal Assistance, Inc. Legal services and representation in civil matters to protect children 0 to 5 • $ 144,951
F18: East Kern Family Resource Center Community Action Partnership of Kern 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge
F19: Family Caregiver Project $ 88,458
F20: $ 170,021 Greenfield School Readiness Program Greenfield Union School District Family support services: case management, parenting classes, referrals, and = promotes parental knowledge $ 234,621 Guardianship Caregiver Project
F21: Greater Bakersfield Legal Assistance, Inc. Legal services to grandparents and caregivers seeking guardianship over children birth to 5 $ 160,000 Kern River Valley Family Resource Center - Great Beginning Program
F22: Kernville Union School District 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge $ 199,882 Lamont Vineland School Readiness Program
F23: Lamont School District 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge $ 160,000
F24: McFarland Family Resource Center McFarland Unified School District 0 Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge $ 149,856
F25: Mountain Communities Family Resource Center Mountain Communities Family Resource Center, Inc. Direct family support services: case management, parenting classes, referrals, ш and promotes parental knowledge $ 169,166
F26: Oasis Family Resource Center Community Action Partnership of Kern Direct family support services: case management, parenting classes, referrals, п and promotes parental knowledge 27. $ 162,377 Shafter Healthy Start Richland School District Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge Southeast Neighborhood Partnership - Family Resource Center $ 161,782
F27: $ 162,377 Shafter Healthy Start Richland School District Direct family support services: case management, parenting classes, referrals, and promotes parental knowledge Southeast Neighborhood Partnership - Family Resource Center $ 161,782
F28: Clinica Sierra Vista
F29: Women's Shelter Network
F30: Kern High School District 0 Promotes parental knowledge of developmental milestones and behavioral
F31: Kern County Superintendent of Schools 0 Support for teen parents through parental education classes, promoting literacy, and reading to children $ 165,000
F32: Delano School Readiness Delano Union School District 0 Family support services: case management, parenting classes, referrals, and . promotes parental knowledge of developmental milestones and norms $ 121,375
F33: Discovery Depot Child Care Center The Open Door Network 0 Early childcare and education for children ages birth to 5 of homeless families, and parenting education classes $ 126,342 Lost Hills Family Resource Center
F34: Lost Hills Union School District 0 Educational activities, parental and community education, and case management 8 catering to the needs of each individual family $ 218,542 Neighborhood Place Community Learning Center
F35: North of the River Recreation and Park District 0 Court-mandated parenting classes, family referrals, and promotes parental knowledge of developmental milestones and norms $ 140,625 Small Steps Child Development Center
F36: The Open Door Network 0 Early childcare and education of children up to age 5 whose mothers are victims = of domestic violence, through services such as court visits, parental education, counseling, housing, and job placement $ 100,000 South Fork Preschool and Day Care Center
F37: South Fork Union School District Family support services through case management and promotes parental . knowledge of developmental milestones and norms 11,000 $ Wind in the Willows Preschool
F39: Wind in the Willows Education Organization

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.