Kern County Grand Jury • 2020-2021

Special Districts Committee Mike Elliott Ellen French Pete Krebsbach Chairperson Mission Statement The Special

Published: September 24, 2020 56 pages
Ver PDF original

Findings and Recommendations 20 findings

F1
The Water Reclamation Plant is a small, well-maintained facility. However, the lack of security allowed the Grand Jury to drive into the operating facility, walk around the equipment, and photograph the operation for several minutes before being questioned by employees. (See Appendices A and B)
Related Recommendations (2)
R2
The Bear Valley Community Services District should restrict public access to the Water Reclamation Plant with proper signage near the gate and other useful security measures by June 1, 2020. (Findings 1, 2, and 3) (See
R9
The North Edwards Water District Board should seek any and all assistance available from outside agencies (County, State, and/or Federal) to help the District meet the demands of the State and the EPA to supply safe potable water to their customers. (Findings 1, 2, 4, 8, 15 and 16)
F2
The Water Reclamation Plant had an open gate making it accessible to the public. When the gates are open, the “No Trespassing” signs are not visible, and create a lack of security. (Photos by Grand Jury showing the entrance to the Water Reclamation Plant, October 21, 2019) 143
No recommendations for this finding
F3
The lack of visible signage makes the Water Reclamation Plant appear inviting and creates an attractive nuisance. (Photo from the District’s Website showing the effluent water pond)
No recommendations for this finding
F4
Upon arrival, the personnel at the main entrance gate were unaware of procedures to allow visitors to attend the public District Board Meeting, and/or visit public facilities. According to Board Agendas, “Members of the public may address the Board on matters not listed on the Agenda....” The Grand Jury was allowed to proceed through the gate, while other vehicles were questioned then turned around, due to the lack of a pass, potentially violating Government Code section 54953(a).
Related Recommendations (1)
R1
The Bear Valley Community Services District should develop a procedure, and inform all security gatehouse personnel, to allow the general public access to all public meetings and public facilities. The District should comply with Government Codes sections 54950 and 54953(a) immediately. (Finding 4)
F5
On the October 1, 2019 visit, the Grand Jury noted many properties with vegetation that were non-compliant with Hazard Reduction KCOC 8.46. By the October 22, 2019 visit, many of the properties had been recently cleared. The Grand Jury noticed only two properties were still in non-compliance. (See Appendix A) The threat of fire is a major concern. As of June 1, 2019, the Kern County Fire Department issued approximately 25 warnings to property owners within the District for non-compliance for the fire season. Neighbor complaints were also reported. (Photo by the Grand Jury showing lack of defensible space, October 21, 2019) 144
Related Recommendations (1)
R3
The Bear Valley Community Services District should work closely with the Kern County Fire Department to ensure that the Hazard Reduction Ordinances are strictly enforced to be consistent with these ordinances. (Finding 5) (See Appendix A)
F6
In case of fire, earthquake, or other natural disasters, the 5,000 residents have only one way in and one way out, which is through the main security gate on Bear Valley Road. All other trails and exits, including the Deer Trail, are unacceptable due to the narrow unmaintained road conditions. Many trails have locked gates onto private properties. It would be impossible to evacuate all residents, pets, and livestock in a safe and timely manner.
Related Recommendations (1)
R4
The Bear Valley Community Services District should consider the development of an alternate exit route for emergency evacuations. (Finding 6)
F7
On the October 10, 2019 visit, the Grand Jury witnessed the Emergency Action Plan, when the power was turned off to the District by the power company. While the Board of Directors meeting had generator power, there was a lack of coordination as to where residents, needing power, were to report for assistance. The obvious location (Whiting Community Center) as a refuge center was not equipped with a generator and appropriate emergency supplies (cots, blankets, water, etc.). It is unknown as to the availability of any other refuge locations.
Related Recommendations (3)
R5
The District’s Emergency Action Plan should be in place and operating within minutes of an emergency. (Findings 7 and 8)
R6
The District should immediately call a CodeRED when power is shut off due to high winds, storms, or other emergencies to provide the residents an opportunity to seek appropriate refuge in a timely manner. (Findings 7 and 8)
R7
The District should designate refuge locations and have appropriate supplies and backup power before an emergency, then notify the residents by June 1, 2020. (Finding 7)
F8
A District CodeRED emergency alert system and various social media platforms were sent out hours after the power was turned off on October 10, 2019. (A CodeRED is a system that will notify residents in case of an emergency. Currently, 3,000 residents have signed up for this notification. The District pays $15,000 for a 3-year contract for the CodeRED service.)
No recommendations for this finding
F9
The District’s website is progressive, in that, all board meeting agendas, minutes, and videos are posted in a timely manner. All subcommittee meeting agendas, and minutes are available for public access. The board meetings are linked to live telecasts.
No recommendations for this finding
F10
The following special taxes, assessments, and standby charges are collected and reviewed annually, beyond the Kern County Property Tax:  Gate Operations $75 per parcel  Roads Assessment $340 per parcel  Police Protection Service $80 per parcel  Improvement District #2 Bonds 0.009768% per $1,000 assessed property value  Water Standby Charge $40.28  Sewer Standby Charge $59.96 Additional service fees are billed monthly:  Solid Waste $16 per month per parcel  Potable Water Varies as to metered usage  Sewer 478 connections $76.16 per parcel Other than water rates, the District has not completed any new rate study, or met the Prop 218 requirements, for a proposed new rate change on the above fees. 145
Related Recommendations (3)
R8
The District should follow the process of Prop 218 to reevaluate the rate assessments for the purpose of increasing the fees, in an effort to offset the increase in costs associated with the District’s operations. (Finding 10) 146 NOTES:  The Bear Valley Community Services District and Kern County Fire Department should post a copy of this report where it will be available for public review  Members of the public wishing to receive email notification of newly released reports may sign up at: kerncounty.com/grandjury  Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 90 DAYS TO:  PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301  TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. GLOSSARY: Community Services District: Community Services Districts are formed under Government Code section 61000, as an independent local government used to provide services in unincorporated areas of a county. Homeowner’s Association: A homeowner’s association (HOA) is an organization in a subdivision, planned community or condominium that make and enforce rules for the properties and their residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. Public: Public is the whole body, or any person of a state, nation, or municipality... belonging to the people at large; relating to or affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community. Public Access: A public place, generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation. Effluent: Effluent is an outflowing of water to a natural body of water, from a structure such as a wastewater treatment plant, sewer pipe, or industrial outflow. Defensible Space: A defensible space is an area around a building in which vegetation, debris, and other types of combustible fuels have been treated, cleared, or reduced to slow the spread of fire to and from the building. Potable Water: Drinking water, that is safe to drink or to use for food preparation. State Responsibility Area: The State Responsibility Areas (SRA) are recognized by the Board of Forestry and Fire Protection as areas where Cal Fire is the primary emergency response agency responsible for fire suppression and prevention. Standby Charges: A standby charge is essentially an assessment that is charged to unimproved properties to ensure that adequate water or sewer service will be available for that parcel when needed. Standby charges normally appear on property tax bills, although they may be billed directly by the local agency. Prop 218: Proposition 218 restricts local governments' ability to impose assessments and property-related fees, and requires elections to approve many local government revenue-raising methods.
R12
Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) NOTES: • The North Edwards Water District, California Natural Resources Agency, California State Water Resources Control Board – Division of Drinking Water, California State Auditor, and the United States Environmental Protection Agency, Region IX, should post a copy of this report where it will be available for public review • Persons wishing to receive an email notification of newly released reports may sign up at: kerncounty.com/grandjury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: kerncounty.com/grandjury REQUIRED RESPONSES WITHIN 90 DAYS TO: • PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 • TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. GLOSSARY: 1. MCL: Maximum Contaminant Levels are standards that are set by the United States Environmental Protection Agency (EPA) for drinking water quality. An MCL is the legal threshold limit on the amount of a substance that is allowed in public water systems under the Safe Drinking Water Act. The limit is usually expressed as a concentration in milligrams or micrograms per liter of water. 2. PPB: Parts per billion is a commonly used unit of concentration for very small values. One part per billion is one part of solute per one billion parts solvent. 3. PPM: Parts per million is a commonly used unit of concentration for small values. One part per million is one part of solute per one million parts solvent. 4. pCi/L: Picocuries per liter is a unit for measuring radioactive concentrations. The curie (Ci) unit is the activity of 1 gram of pure radium 226. Pico is a scientific notation term which means 110. A typical value for radon in the living spaces of a US home is 1 pCi/L. 5. AB 1234: Cities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. The state Fair Political Practices Commission has made the AB 1234 Local Ethics Training available to satisfy the local official’s ethics training requirement. 6. Ralph M. Brown Act: The Brown Act states that it is the intent of the law that the actions of public legislative bodies be taken openly and that their deliberations be conducted openly. The Brown Act is intended to give the citizens of California access to government agencies and prohibit governmental decisions from being made in secret. 7. SB 929 (Gov. Code 53087.8): Passed in late 2018, is a law requiring all independent special districts in California to create and maintain a website by January 2020, with four distinct pieces of information posted: 1. Contact Information for the District, 2. Current Agenda, 3. Financial Transactions Report, and 4. Catalog of software used. 8. Notice of Appeal: is the paper filed in the Superior Court where the case was decided to let the court and the other side know that you are appealing the court's decision. Filing a notice of appeal begins the entire appeals process. 9. Arsenic: is a white to gray, brittle solid. It occurs naturally in water and soil. Arsenic can be harmful to the eyes, skin, liver, kidneys, lungs, and lymphatic system. Exposure to arsenic can also cause cancer. 10. Bromodichloromethane: is one of the total Trihalomethanes (TTHMs), it is formed when chlorine or other disinfectants are used to treat drinking water. Bromodichloromethane and other disinfection byproducts increase the risk of cancer and may cause problems during pregnancy. 11. Hexavalent chromium (also known as Chromium 6): is the most toxic form of the metal chromium. It is naturally found in rocks and may enter the groundwater by weathering of chromium 6-containing rocks or from industrial contamination. 12. Dibromochloromethane (also known as tribromomethane): is colorless to yellow, heavy, non-burnable liquids with a sweetish odor. These chemicals are possible contaminants of drinking water that has been chlorinated to kill bacteria and viruses that could cause serious waterborne infectious diseases. 13. Nitrate: is a compound that is formed naturally when nitrogen combines with oxygen or ozone. Nitrogen is essential for all living things, but high levels of nitrate in drinking water can be dangerous to health, especially for infants and pregnant women. 14. Uranium: is a common naturally occurring and radioactive substance. It is a normal part of rocks, soil, air, and water, and it occurs in nature in the form of minerals – but never as a metal. 15. PROP. 84: The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) authorized $5.388 billion in general obligation bonds to fund safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts. 16. Administrative Order on Consent: is an agreement between an individual or business and regulatory body in which the individual or business agrees to pay for damages. The EPA generally issues an Administrative Order on Consent to clean up or remedy environmental damages. The Administrative Order on Consent can then be enforced in court if the business does not comply. 17. California State Water Resources Control Board – Division of Drinking Water: is dedicated to a single vision: abundant clean water for human uses and environmental protection to sustain California's future and have regulatory responsibility for protecting the water quality. 18. United States Environmental Protection Agency (EPA): set national standards that states and tribes enforce through their own regulations. If they fail to meet the national standards, EPA can help them. The EPA also enforce US regulations, and help companies understand the requirements. NEWD 2019-2020 Grand Jury Report NORTH EDWARDS WATER DISTRICT 13525 Fran Street, North Edwards, CA 93523 760-769-4520 FAX 760-769-1045 December 2, 2020 PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 Jerry D. Troxel, TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 RE: Response to Kern County Grand Jury Final Report August 31, 2020 Dear Presiding Judge and Mr. Troxel, I am writing in response to the Grand Jury report dated August 31, 2020. The North Edwards Board of Directors have met and discussed the findings and recommendations. Please see the responses below:
R16
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F11
Under the direction of the current General Manager, the District has taken a proactive approach in updating and modifying many policies and ordinances. COMMENTS: The Grand Jury thanks all the individuals that participated in interviews and provided information for the preparation of this report.
Related Recommendations (2)
R11
The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17)
R16
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F12
After the Committee reviewed the past eight years of the Board meeting minutes, it is evident that accurate minutes were not maintained or posted for public review. Several monthly minutes were duplicated from other months. For example, regular minutes in August 21, 2017, are word-for-word minutes of August 17, 2015, with the exceptions of the Date and Members present. Other regular minutes had the wrong dates. This led the Committee to question the accuracy of the minutes and any board actions. The Committee was unable to obtain a complete set of board meeting minutes for any given year, as required by Government Code and Water Code.
No recommendations for this finding
F13
The Board meeting minutes revealed that motions and votes were taken on items not on the posted agenda. This is a possible violation of California Government Code section 54954.2(a) (2), The Ralph M. Brown Act, “No action or discussion shall be undertaken on any item not appearing on the posted agenda...”
No recommendations for this finding
F14
Although a member, NEWD is not using all of the resources available to them from the California Special District Association for training of Directors, setting up a website, Public Records Act, The Brown Act, safety training, and legal updates on State laws.
No recommendations for this finding
F15
The Committee received a letter from the NEWD Board on June 16, 2020, indicating that the District is in need of help. With only three active board members, no liability insurance carrier, and staff members that may walk, the Board of Directors feel that they are one step away from disbanding.
No recommendations for this finding
F16
Driving through the community and speaking with residents, the Committee discovered that some don’t drink the well water without a filtration system in their homes, while most purchase bottled water for their household use, with costs varying from $30 to $200 per month, in addition to their $50 NEWD bill. A majority share a distrust for the District Board doing the right thing and completing the Project. Many no longer attend District and town hall meetings.
No recommendations for this finding
F17
It appeared the Prop. Funds were not closely monitored by the California Natural Resources Agency and the NEWD Board. With deposits of $2,906,566.91 sent to the NEWD Special Project Account, the previous Board allowed funds to be expended even before the bidding process was completed and the awarding of the contract in December 2013. The NEWD Special Projects bank records, obtained by subpoena, contained the following information: • $191,963.20 was paid August 2013 to the filtering company (before the bidding process was completed) • $35,993.10 was paid January 2014 to the filtering company (before the General Contractor was on site) • More than $742,173 has been paid to the filtering company. To date, no products have been delivered to NEWD or the job site from the filtering company
Related Recommendations (2)
R10
The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17)
R16
● NEWD has requested assistance from several agencies. However, we will continue to request assistance to implement changes that will allow our district to become more efficient and serve our residence with transparency and clean drinking water. R10. The North Edwards Water District, in conjunction with the California Natural Resources Agency, the State Water Resources Control Board, and the State Auditor should complete a financial audit of all receipts and disbursements of Prop. 84 funds (Reference Number: 3940P8412C114 for $5,606,566.91) to verify that all funds spent on the Project were appropriate. (Finding 17) ● NEWD will request the agencies to assist with completing this recommendation. R11. The North Edwards Water District should enlist the services of an outside firm to conduct a complete financial audit of all bank accounts held by the District for the past seven years. This reconciliation of accounts would verify that all deposits and paid invoices were properly approved by the Board, and transfers between accounts were appropriate. (Findings 11 and 17) ● NEWD is currently seeking an Auditor. R12. Any and all records and documents belonging to the North Edwards Water District should be stored at the District’s Office, and/or made readily available for public inspection according to the Public Records Act (California Government Code sections 6250 – 6270.7). (Findings 10, 11 and 12) ● All records are stored at the NEWD office. ● NEWD office staff is currently organizing documents to be readily accessible. Thank you for your time and effort in ensuring that our community receives clean, safe drinking water and our water district is run with transparency and integrity. Respectfully, Gary Westmoreland President, Board of Directors 6
F18
A few of the previous NEWD Board members interfered with the General Contractor’s daily operations from day one on the job site. This was the beginning of an ongoing battle.
No recommendations for this finding
F19
Based on the Committee’s investigation and interviews, the Project Manager did not want the General Contractor removed from the job, and given the opportunity, the General Contractor can still complete the Project.
No recommendations for this finding
F20
Some of the concerns expressed in Fact L, would have been corrected to specifications before the completion of the Project, at no extra expense to NEWD. COMMENTS: The Grand Jury thanks the staff at North Edwards Water District for their willingness to share the status of the District. However, it was unfortunate that not all information was readily available to the Grand Jury. The Grand Jury appreciates the openness and honesty of all those who were interviewed. The citizens of North Edwards should attend NEWD meetings, and express their concerns over the water quality being provided, as well as, the way the District is being managed. NEWD needs to find a solution and the means to get the Water Purification Plant completed and operational to save further expenses to the citizens of North Edwards.
No recommendations for this finding

Comments 36