Kern County Grand Jury
• 2020-2021
Cities and Joint Powers Committee Ken Rafanan Charlynn McCarthy Mike Elliott, Chairman Mission Statement The Cities and
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Findings and Recommendations 26 findings
F1
The City of Bakersfield is a Charter City that offers a full range of city services including: Fire and Police Protection Streets and Infrastructure Maintenance Planning and Community Development Recreation and Parks Services Agricultural and Domestic Water Services Municipal Airpark - General Aviation Refuse Collection Wastewater Treatment
No recommendations for this finding
F2
The City has plans to enhance the Downtown Area, collaborating with the Downtown Business Association and other businesses. 55
No recommendations for this finding
F3
The City has actively developed the Downtown Area at Mill Creek, providing housing for veterans and low income residents. Other improvements include the Federal Court Building, and upgrading street lighting to LED lights.
No recommendations for this finding
F4
The California High Speed Rail, when in operation, will bring future commercial development to the Downtown Area.
No recommendations for this finding
F5
The City employs approximately 1,500 personnel. Appreciation Awards include: a. Annual Appreciation Breakfast b. Certificates of Appreciation and “Extra Mile” awards c. “High Five” tickets to City events
Related Recommendations (1)
R2
The City of Bakersfield should continue to encourage, recognize, and reward outstanding City employees. Employee recognition builds morale, productivity, and aids in employee retention. (Findings 5 and 6) NOTES: • The City of Bakersfield should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 61
F6
Bakersfield Police Department: a. In the last five years, the department has endured a turnover rate of 55% (See Appendix A) b. Average salaries for officers are approximately 30% below other comparable California cities c. Ongoing training is offered to sergeants and ranks below: i. Enhancing the level of law enforcement service to the public ii. Increasing the technical expertise and overall effectiveness of personnel iii. Providing for continued professional development of department personnel iv. Conducting sensitivity training in dealing with the public d. Body worn cameras are being considered for patrol officers as a safety tool for both officers and the public e. ShotSpotter Gunfire Detection and Location System purchased with a $450,000 grant should be in operation soon: i. Triangulates and identifies the location of gunshots within 10 feet ii. Validates gunshots within 30-45 seconds of being fired iii. Pilot program will cover an area of approximately 2 1/2 square miles
Related Recommendations (1)
R1
The City of Bakersfield should examine methods for retaining law enforcement personnel in an effort to reduce the high turnover rate among patrol officers in the Bakersfield Police Department. (Finding 6) 60
F7
The Bakersfield Fire Department (BFD) provides fire suppression, emergency medical services, heavy and technical rescue, hazardous materials mitigation, water rescue, and other life safety services around- the-clock to a growing community of over 360,000 citizens. As an Insurance Service Office (ISO) rated Class 2 Fire Department, the BFD is the highest rated firefighting agency in Kern County and ranks in the top 1.5% of fire departments nationwide: a. 240 sworn, support, and reserve personnel b. Fourteen fire stations 56 c. Operates under a Joint Powers Agreement with the Kern County Fire Department to coordinate response times
No recommendations for this finding
F8
The City’s Recreation and Parks Department (Department) manages 59 parks and other various athletic facilities. The Department is one of 79 agencies in the nation (the second in California) to receive national accreditation from the Commission for Accreditation of Park and Recreation Agencies (CAPRA). National accreditation requires park and recreation agencies to respond to 156 standards representing elements of effective and efficient park and recreation operations: a. Operates four swimming pools and nine spray parks b. Playground equipment has been up-dated to handicap accessible c. Tree replacement (removal of old redwoods) and reduction in irrigation is used to alleviate drought concerns d. Mesa Marin Sports Complex was renamed the “Tarina Homes Sports Complex at Mesa Marin,” and will be expanding their programs
No recommendations for this finding
F9
Keep Bakersfield Beautiful (KBB) works with the City of Bakersfield General Services Division Anti-Graffiti program in local schools, to educate students about the negative impacts of graffiti, as well as, teaching students about laws regarding graffiti. Volunteers are encouraged to help the City in their efforts to clean up graffiti. Graffiti Abatement Volunteers may: a. Adopt a wall that is vandalized regularly b. Paint over graffiti on United States Postal Service community mailboxes i. Requires special permission from the federal government ii. KBB provides paint kits to volunteers for the Adopt A Mailbox program c. Call 32-ERASE (323-7273) to volunteer to adopt a wall or mailbox, clean up graffiti, or report graffiti, that needs to be painted over by volunteers or City staff General Services Division: a. Uses a Paint Tracks Power Wash truck to remove graffiti, seven days a week b. Strives to remove all graffiti within 24 hours of receiving report
No recommendations for this finding
F10
Water purveyors providing domestic water within the City (See Appendix B): City of Bakersfield California Water Service Casa Loma Water Company East Niles Community Services District Greenfield County Water District 57 North of the River Mutual Water Company Stockdale Annex Mutual Water Company Stockdale Mutual Water Company Vaughn Water Company
No recommendations for this finding
F11
In July 2017, the State Water Resources Control Board, Division of Drinking Water, established maximum containment level (MCL) for the synthetic chemical known as 1,2,3-Trichloropropane (TCP). TCP is a chemical previously used as a cleaning and degreasing solvent, and is associated with pesticide products. TCP is commonly found in groundwater throughout the Central Valley, and is present in Bakersfield. The implementation schedule for the new regulation requires water purveyors to begin sampling for TCP in their groundwater wells during the first quarter of 2018. The City operates 64 groundwater wells, in which 41 currently exceed the new MCL for TCP. The City is currently in the process of equipping an initial group of 27 wells with treatment facilities to remove the TCP from the groundwater prior to delivery of the treated water into the domestic water system. This project is known as the TCP Mitigation Project. The City is currently in litigation with the chemical companies responsible for the contamination. In May 2017, the City Council approved an emergency resolution, which allowed the City to dispense with bidding for the TCP Mitigation Project, in accordance with Section 3.20.060 of the Bakersfield Municipal Code. This resolution allowed the City to procure wellhead treatment vessels, granular activated carbon (GAC), engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation of TCP treatment facilities and other related project facilities: a. The City’s engineer’s estimate for the GAC was $2.1 million b. The City entered into agreements with the three GAC suppliers for the amounts as shown in the table below: 58 Price Recommended Supplier Carbon Type Subtotal (per vessel) Vessels Filled Aquasorb CX Jacobi $20,372.14 20 $407,442.80 12x40 Evoqua AC1240CAT $42,608.45 2 $ 85,216.90 Evoqua AC1230C $23,065.11 16 $369,041.76 Calgon Filtrasorb400 $22,642.00 16 $362,272.00 Calgon HPC830 $17,872.00 32 $571,904.00 Jacobi 20 $407,442.80 Evoqua 18 $454,258.66 Calgon 48 $934,176.00 86 $1,795,877.46 c. The total amount of GAC purchased is $1,795,877.46. Funds were previously budgeted within the Domestic Water Fund for this purchase and therefore an appropriation is not required. There is no impact to the General Fund.
No recommendations for this finding
F12
The City of Bakersfield operates and maintains an up-to-date website, www.bakersfieldcity.us. Many portals are available on the homepage; Government, How Do I, Business, Residents, Visitors, and sub-portals including: City Council Agenda Bid Opportunities Accident Reports Social Media Hub Open Budget Pay Bills City Jobs Adopt A Pet Service Requests City Maps Municipal Codes Traffic Conditions Documents Search 59 Latest News Most Popular Upcoming Events TCP Updates
Related Recommendations (1)
R3
The City should post approved meeting minutes in a timely manner (by the next meeting date), to allow the public an opportunity to review the Council’s actions. The posting of minutes should be on the City’s website and at City Hall. (Findings 12, 13, 14, 15, and 16)
F13
The City is improving public accessibility with its innovative Bakersfield mobile phone application (App). Through the App, users are able to report service related issues for the City to address; damaged parks equipment, illegal dumping, graffiti, streetlights, traffic signals, and potholes. A recent update to the App now provides users with the ability to report code enforcement related items directly to City staff, including overgrown lawn or weeds, junk, trash and/or debris in a yard, abandoned furniture, algae in swimming pools, and vehicles parked on a lawn. Issues can be reported through photos, video, audio, or e-mail messages.
No recommendations for this finding
F14
The City of Bakersfield is committed to providing its residents and the general public with a user-friendly, transparent tool to learn more about the City's annual budget. The Open Budget platform is designed to allow users to easily locate, review, and retain current revenue and expenditure data at any time throughout the fiscal year. The proposed 2018 Operating Budget is $419,817,854. (See Appendix C) The Open Budget portal on the City’s website is broken down into three sections: Revenues, Expenditures, and Capital Improvements. Each section provides data for the Adopted Budget, Amended Budget, and Actual Year-to-Date data for the fiscal year selected. Each section is presented through a visual interface for ease of use.
No recommendations for this finding
F15
The City proactively supports the growth of new businesses. After eleven years of negotiations, a Bass Pro Shop will open in Bakersfield, providing employment opportunities for the community and revenues for the City. In February 2018, the City is expecting a response from Amazon, to the City’s proposal to locate their Western Distribution Center in Bakersfield. COMMENTS: The Cities and Joint Powers Committee of the 2017-2018 Kern County Grand Jury would like to thank the City Staff for their cooperation in providing information for this report. The City’s website was very useful and user-friendly in locating important information.
No recommendations for this finding
F16
Stated on the City Council Meeting March 13, 2018, Agenda, New Business, NB 1. – FY 2016-17 Financial Audit Report Prepared by Price Paige and Company, Certified Public Accountants,
Related Recommendations (2)
R7
The City should hire an outside auditing firm to perform a forensic audit of all financial transactions for the past two years. (Findings 16, 22, and 23)
R8
The City Council should take the lead role and responsibility to see that the City completes the Corrective Action Plan from the June 30, 2017 Financial Audit Report, by the end of the 2017-2018 Fiscal Year. (Finding 16) 81 NOTES: • The City of California City should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 82
F17
Because approved City Council meeting minutes of most recent meetings are not available to verify, witnesses reported to the Committee, that many votes of the Council’s actions were a 3-2-0 or a 2-2-1 vote, for the past year. 78
No recommendations for this finding
F18
The City has a website, www.californiacity-ca.gov/. It is lacking City Council meeting minutes, contact information for the Council Members, a portal for public comments; not regularly updated, and difficult to navigate.
Related Recommendations (1)
R4
The City should update their website to include contact information for City Officials and City Government. (Finding 18)
F19
The Committee has verified that two or more e-mails from City employees to other employees or their supervisors, have disappeared from the City’s e-mail server. Several e-mails from City employees to the Grand Jury have also been deleted or disappeared from the server. Records of the e-mails from the sent and/or inbox, and the contact list, have been deleted or disappeared.
Related Recommendations (1)
R5
The City should assure that all e-mails sent and/or received be archived. (Finding 19)
F20
After interviewing several present and past City employees, at least 8 out of 21 stated that they have filed a grievance, complaint, or a concern about the working conditions. The Human Resource Director was involved in the resolution of most of these complaints resulting in promotions, resignations, placement on administrative leave for over a year, or reassignment to another supervisory position.
Related Recommendations (1)
R6
The City Manager, Department Heads and Supervisors should be trained on how to become better leaders, to effectively supervise their staff, and to successfully resolve conflicts in the work place. The City should cease and desist any harassment of City employees who act as whistleblowers, and/or shared information with the Grand Jury. (Findings 20 and 21)
F21
City employees shared concerns that they were harassed by supervisors at work and/or written up for what appears to be minor details, after interviewing with the Committee.
No recommendations for this finding
F22
The City has adopted an ordinance with several amendments to allow the cultivation, manufacturing, and transporting of Cannabis. The permitting process has several steps with many fees that must be paid. Planning/Building, Public Works, Fire, and Police Departments are all involved in the permitting process. Not just one department or assigned personnel is responsible for the collection of fees and/or needed documents. Several City employees working the front window in the City Hall may receive and receipt funds and fees. This process may lead to inaccurate accounting. Budget funding codes were changed to allow for a better method of tracking fees. The nonrefundable Cannabis fee schedule is as follows: Phase 1: Preliminary determination of eligibility $3,258 Phase 2: Initial ranking $ 701 Phase 3: Second ranking $1,790 Phase 4: Public Meeting and City Council final selection $1,937 To date, four Cannabis businesses have been approved. It is unclear, due to conflicting statements given to the Committee, as to how many funds have actually been receipted for the Cannabis businesses. Approximately 185 applicants have started the process 79 and paid some fees. Not all of the fees were receipted in the same object code of the budget, making it difficult to reconcile. (See Appendix E) The approved Cannabis Tax will not take effect until July 1, 2018, for all permitted businesses.
No recommendations for this finding
F23
Account Clerks staff the payment window in City Hall. Clerks collect payments for water bills, business licenses, Cannabis permits, and other funds for the City in the form of cash, check, or credit card. Direct supervision is sometimes lacking; refund checks and credits have been issued on the same account, and receipt coding to accounts were entered incorrectly. (See Appendix E)
No recommendations for this finding
F24
Not all Council Members were completely accurate on their Form 700, submitted in September 2017.
No recommendations for this finding
F25
Community perception that the Mayor has hired friends as City employees, dismissed employees that oppose the Mayor, and issued Cannabis business permits to friends is unsubstantiated. In actuality, the Mayor and Council Members, working as a body, only hire the City Clerk and City Manager. The City Manager hires, dismisses, and disciplines all City employees. The City Council is involved in the appeal process for employee discipline. The City Council as a unit, will issue Cannabis permits after all phases and vetting processes are completed.
No recommendations for this finding
F26
The Special Parcel Tax measure on the April 10, 2018 Ballot, failed to receive the required 2/3 vote: Yes – 957 votes, 57. 31%, No – 711 votes, 42.57%. COMMENTS: The previous and current City Managers were very cooperative and helpful in providing needed information about the City, Cannabis production requirements, and future activities. Many interviewees provided much needed input and contact information. The City government is in need of guided directions. It appears that many employees and Council Members believe they are in full control of the City business. But actually, personal bias appears to be in charge of the City. Most decisions seem to be made based on personalities, which are not necessarily good for the City. An interviewee stated that the attitude of the residents is, “If we are to be friends, then you MUST hate the same people that I hate.” The Special Parcel Tax is a major concern for the City. Without these funds, it will be very difficult for the City to continue to operate in the current manner. These funds are needed to provide police and fire services, as well as road improvements.
No recommendations for this finding
Comments 21
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CO1City employees shared concerns that they were harassed by supervisors at work and/or written up for what appears to be minor details, after interviewing with the Committee.
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CO2Stated on the City Council Meeting March 13, 2018, Agenda, New Business, NB 1. – FY 2016-17 Financial Audit Report Prepared by Price Paige and Company, Certified Public Accountants,
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CO3Because approved City Council meeting minutes of most recent meetings are not available to verify, witnesses reported to the Committee, that many votes of the Council’s actions were a 3-2-0 or a 2-2-1 vote, for the past year. 2017-2018 Kern County Grand Jury 78
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CO4The City has a website, www.californiacity-ca.gov/. It is lacking City Council meeting minutes, contact information for the Council Members, a portal for public comments; not regularly updated, and difficult to navigate.
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CO5The Committee has verified that two or more e-mails from City employees to other employees or their supervisors, have disappeared from the City’s e-mail server. Several e-mails from City employees to the Grand Jury have also been deleted or disappeared from the server. Records of the e-mails from the sent and/or inbox, and the contact list, have been deleted or disappeared.
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CO6After interviewing several present and past City employees, at least 8 out of 21 stated that they have filed a grievance, complaint, or a concern about the working conditions. The Human Resource Director was involved in the resolution of most of these complaints resulting in promotions, resignations, placement on administrative leave for over a year, or reassignment to another supervisory position.
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CO7The City has adopted an ordinance with several amendments to allow the cultivation, manufacturing, and transporting of Cannabis. The permitting process has several steps with many fees that must be paid. Planning/Building, Public Works, Fire, and Police Departments are all involved in the permitting process. Not just one department or assigned personnel is responsible for the collection of fees and/or needed documents. Several City employees working the front window in the City Hall may receive and receipt funds and fees. This process may lead to inaccurate accounting. Budget funding codes were changed to allow for a better method of tracking fees. The nonrefundable Cannabis fee schedule is as follows: Phase 1: Preliminary determination of eligibility $3,258 Phase 2: Initial ranking $ 701 Phase 3: Second ranking $1,790 Phase 4: Public Meeting and City Council final selection $1,937 To date, four Cannabis businesses have been approved. It is unclear, due to conflicting statements given to the Committee, as to how many funds have actually been receipted for the Cannabis businesses. Approximately 185 applicants have started the process 2017-2018 Kern County Grand Jury 79 and paid some fees. Not all of the fees were receipted in the same object code of the budget, making it difficult to reconcile. (See Appendix E) The approved Cannabis Tax will not take effect until July 1, 2018, for all permitted businesses.
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CO8Account Clerks staff the payment window in City Hall. Clerks collect payments for water bills, business licenses, Cannabis permits, and other funds for the City in the form of cash, check, or credit card. Direct supervision is sometimes lacking; refund checks and credits have been issued on the same account, and receipt coding to accounts were entered incorrectly. (See Appendix E)
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CO9Not all Council Members were completely accurate on their Form 700, submitted in September 2017.
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CO10Community perception that the Mayor has hired friends as City employees, dismissed employees that oppose the Mayor, and issued Cannabis business permits to friends is unsubstantiated. In actuality, the Mayor and Council Members, working as a body, only hire the City Clerk and City Manager. The City Manager hires, dismisses, and disciplines all City employees. The City Council is involved in the appeal process for employee discipline. The City Council as a unit, will issue Cannabis permits after all phases and vetting processes are completed.
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CO11The Special Parcel Tax measure on the April 10, 2018 Ballot, failed to receive the required 2/3 vote: Yes – 957 votes, 57. 31%, No – 711 votes, 42.57%. COMMENTS: The previous and current City Managers were very cooperative and helpful in providing needed information about the City, Cannabis production requirements, and future activities. Many interviewees provided much needed input and contact information. The City government is in need of guided directions. It appears that many employees and Council Members believe they are in full control of the City business. But actually, personal bias appears to be in charge of the City. Most decisions seem to be made based on personalities, which are not necessarily good for the City. 2017-2018 Kern County Grand Jury 80 An interviewee stated that the attitude of the residents is, “If we are to be friends, then you MUST hate the same people that I hate.” The Special Parcel Tax is a major concern for the City. Without these funds, it will be very difficult for the City to continue to operate in the current manner. These funds are needed to provide police and fire services, as well as road improvements.
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CO12Increased to $260,000 per year upon completion of the construction of a hotel and/or arena
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CO13Increased to $388,000 per year upon the completion of the construction of an entertainment complex b. It is estimated that when operating at full capacity, this project could generate at least $1.2 million per year for the City. F5. Exhibit B of the Municipal Service Agreement with the Tribe lists other activities, which may be developed on the land. (See Appendix A) F6. On August 22, 2016, the City’s Planning Commission Staff approved a resolution amending Tentative Parcel Map No. 11790, Wal-Mart Stores, Inc., as follows: 2017-2018 Kern County Grand Jury a. In 2009, approved Tentative Parcel Map No. 11790 for 29.28 acres divided into four parcels for commercial use. i. Parcel 1 (approximately 21.24 acres) for Wal-Mart store and parking ii. Parcel 2 (approximately 1.68 acres) for a proposed gasoline dispensing station iii. Parcels 3 and 4 (approximately 4.06 acres) developed as commercial land uses at a later time b. Parcel 1 is complete and open for business. Development of the other parcels is on hold pending redrawing of parcel boundaries and approval of the tract map by the City Council. F7. As a General Law City, the City Council hires the City Manager and City Attorney. The City Manager hires, disciplines, dismisses City employees, and oversees the operation and management of the City, under the policies and guidelines of the City Council, as follows: The current City Manager e-mails the Council as a whole on the activities and concerns of the City The City Mayor is elected for a two year term The City Council Members are elected to a four year term on a staggered basis To verify residency for the City Council Members and City Mayor, California Driver’s License are used with a declaration of “penalty of perjury under the law” that statements are true and correct City Elections are conducted, under the State Elections Code, in conjunction with the Kern County Elections Office F8. Total Revenue for the City is approximately $15.8 million per year from the following sources: Sales Taxes and Measure V Tax Transit Occupancy Tax – TOT (hotel tax of 10%) Property Taxes F9. The City has spent approximately $2.3 million to install a “Smart Irrigation System” that will automatically control the irrigation in the parks. The system will only water when the soil moisture reaches the desired level. The system controllers estimate soil moisture, or specific water needs of plants, so excess water use is minimized. F10. The City provides the following services for the residents: Police protection services Waste Water and treatment plant o Located on NAWS China Lake o Operated by the City o Services the NAWS China Lake’s needs 2017-2018 Kern County Grand Jury Public Works o Road maintenance and improvements o Transportation (bus service, Dial-a-Ride) F11. The City does not appear to have a visible graffiti problem. Graffiti is mitigated by a group of volunteers who remove graffiti weekly; approximately 300-500 sites per year are removed. F12. The City is experiencing a growth in population, with today’s estimates exceeding 30,000 residents. NAWS China Lake is projecting to add 700 new contracted engineers in the next two years, who will need civilian housing. Current available City housing is very limited. F13. The City is a member of the Indian Wells Valley Groundwater Authority. The City Manager is also the General Manager for this agency. F14. The City voters passed Measure L in 2012 and Measure V in 2016. Measure V extended Measure L for 8 years, and increased the sales tax within the City an additional one percent. The revenues generated are to be used for police protection and road maintenance. F15. The Committee attended the City Council - Redevelopment Successor Agency - Housing Authority - Financing Authority Meeting, held Wednesday April 18,
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CO14Balance of $892,574.51 F3. Interviewees and employees were uncertain about who was in charge of the permitting process, and which department was collecting the fees. F4. Due to lack of adequate power and paved roads, the infrastructure of the City is insufficient to handle the demands of the anticipated growth of the Cannabis Businesses. F5. The only accurate way to determine if a plant is marijuana or hemp is through lab testing; making it impossible to determine by sight which product is being cultivated. F6. The already short-staffed and overworked Police Department is over burdened by demands placed on them by the onslaught of illegal growers that invaded the City. F7. Law Enforcement Officers from various Federal, State, County, and other agencies assisted the Police Department in carrying out the raids on the illegal grow houses. F8. Houses raided by the Police have been red-tagged by Code Enforcement for health and safety violations. 113 F9. The cost in property damages, per each illegal grow house, has been estimated at between $30,000 and $40,000 per house. This leaves the property owners as victims of these illegal activities. (See Appendix D) F10. Interviewees expressed mixed opinions on the legalization of medical marijuana. Some examples of responses: The City is expecting too much out of it, trying to push it through, and cutting corners to get medical marijuana businesses No problem with it as long as it is all legal and well regulated I’m open-minded, I support it. It is all legal. I like it because it is a source of revenue Don’t oppose it. It is a positive issue for the City. I see it as helping the City’s finances, and benefits the community F11. Ignoring the alleged illegal activities at the mall property may give the business owner an unfair advantage, or a head start toward establishing a legal business in the future. The permitting process was scheduled to begin in January 2018, so commercial cultivation was not yet legal. “A facility or entity that is operating in compliance with local zoning ordinances and other state and local requirements on or before January 1, 2018, may continue its operations until its application for licensure is approved or denied pursuant to this chapter.” AB 266, Section 19321(c) COMMENTS: The Committee thanks City Officials and Staff for their co-operation in providing information used in this report. The City seems to be divided into two opposing groups. One group is in favor of allowing the Cannabis Businesses to be located in the City, and the other is against it. The temptation to cut corners and take short cuts may cloud the issue, and give the appearance of misconduct. As a result, the division within the City is magnified.
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CO15R3. Discussions should continue with Delano Ambulance Services to house a station within the City. (Finding 5) R4. The Grand Jury recommends that the Tri-Agency Partners work together to resolve the parking issues between the Community Center, the City, and McFarland High School. The parking lot at the Recreation and Parks building could serve as an interim parking site for the high school, until the School District moves forward with other plans. (Finding 6) R5. A flashing stop sign should be placed on South 2nd Street. This may help resolve the safety issues caused by students crossing the street to use the overpass. (Finding 7) NOTES: • The City of McFarland 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. 2017-2018 Kern County Grand Jury 142 RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror(s) pursuant to PC §916.2(a). This juror was excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report. 2017-2018 Kern County Grand Jury 143 144 145 146 CITY OF RIDGECREST AN OASIS IN THE INDIAN WELLS VALLEY Photo from: www.ridgecrest-ca.gov/ PREFACE: There is a “bright light” of an oasis in the northeast portion of Kern County, the City of Ridgecrest (City). Unlike some other small cities in Kern County, the City seems to be heading in a positive direction. New shopping centers, hotels, and businesses have come into the City, and are serving surrounding communities in Inyo and San Bernardino Counties. Since 2016, an additional one percent sales tax was added to previously generated funds, to be used to operate and maintain a strong Police Department, and for needed road repairs. A local Indian tribe is also proposing to open a casino – hotel complex that will also add to the City’s revenue. The 2017-2018 Kern County Grand Jury (Grand Jury) found the City to be functioning efficiently and financially sound. PURPOSE OF INQUIRY: After receiving several citizen Complaints, the Cities and Joint Powers Committee (Committee) of the Grand Jury, pursuant to Penal Code §925(a), conducted an inquiry into the operation and management of the City of Ridgecrest. PROCESS: On April 18, 2018, the Committee met with the City Manager and City Attorney, conducted interviews, and attended the City Council meeting that evening. The purpose of the interviews and visit was to receive current information concerning the management and building expansions within the City. Past Kern County Grand Jury reports and internet searches were also used to prepare this report. 2017-2018 Kern County Grand Jury BACKGROUND and FACTS: The City, formerly known as Crumville, began as a farming community in 1912, honoring two local dairymen. The first post office in the area opened in 1941. By 1943, the community had grown to 196 residents. The Naval Ordnance Test Station was established in November 1943, providing a strong job base for years to come. The City was incorporated in 1963, as a General Law City. The City is located in the southern end of the Indian Wells Valley in northern Kern County, and is surrounded by four mountain ranges: the Sierra Nevada on the west, the Cosos on the north, the Argus Range on the east, and the El Paso Mountains on the south. The City is within a two-hour drive of the highest and lowest points in the conterminous United States. According to the United States Census Bureau, the City has a total area of 21.4 square miles. The 2010 United States Census reported a population of 27,616, with the 2016 estimate being 28,701 (3.9% growth). The largest employer in the area is the Naval Air Weapons Station China Lake (NAWS China Lake). This is an airborne weapons testing and training range, adjacent to the City, operated by the United States Navy and its contractors. The City has its own Police Department, as well as a Kern County Sheriff’s Office regional sub-station. The Kern County Fire Department provides fire protection and emergency medical services, along with the Ridgecrest Regional Hospital, and two medical clinics. The Ridgecrest Branch Library, of the Kern County Library system, serves the City, Inyokern, China Lake, Trona, and other surrounding communities. Cerro Coso Community College, established in 1973, has an enrollment of approximately 2,500 full- time students. This college is a part of the Kern Community College District, and serves the surrounding communities. The City is approximately 115 miles from the cities of Bakersfield and San Bernardino, and 82 miles from Lancaster or Palmdale. Limited air travel in and out of the City is provided through the Inyokern Airport. The Ridgerunner Transit (a flex-route bus system covering the City) is working with Kern Transit (operator of mass transportation in Kern County) to operate an intercity public transit service between the City to California City and Mojave. The Eastern Sierra Transit Authority offers the Inyo-Mono County Bus service, which also connects with Kern Transit. 2017-2018 Kern County Grand Jury FINDINGS: F1. In 1978, the United States Congress enacted the Indian Self-Determination Act, 25 U.S.C. §450, et seg., to encourage tribal self-sufficiency and self- determination, and in 1988, Congress enacted the Indian Gaming Regulatory Act, 25 U.S.C. §2701, et seg., to provide for tribal gaming, again emphasizing the federal priority of tribes becoming self-sufficient. F2. On June 1, 2016, the City entered into a Municipal Service Agreement with the Timbisha Shoshone Tribe (Tribe) to acquire land in a trust, in order for the Tribe to build a casino and entertainment center to achieve economic self- sufficiency. F3. In the Municipal Service Agreement with the Tribe: a. The City will support the Tribe’s request with the Bureau of Indian Affairs to take the land into a trust. b. The Tribe’s action is not a City project. c. The City is capable of, and willing to provide a full range of municipal services, for use on the Tribe’s trust land. d. The Tribe will use the land exclusively for the operation of a facility for Class II and Class III Gaming, and other gaming related uses. e. The Tribe agrees to contract with the City to provide planning, building and safety, fire prevention, and public works personnel to review construction plans, and inspect construction improvements on the land, to ensure compliance with adopted codes. F4. Payments for Critical Municipal Services to the City from the Tribe: a. The City and Tribe recognize the gaming facility will necessitate an increase of critical municipal services. The Tribe shall make the following payments to the City: i. One-time payment of $80,000 for a new police patrol car ii. Annual fees of $128,000 for additional critical municipal services 1. Increased to $260,000 per year upon completion of the construction of a hotel and/or arena 2. Increased to $388,000 per year upon the completion of the construction of an entertainment complex b. It is estimated that when operating at full capacity, this project could generate at least $1.2 million per year for the City. F5. Exhibit B of the Municipal Service Agreement with the Tribe lists other activities, which may be developed on the land. (See Appendix A) F6. On August 22, 2016, the City’s Planning Commission Staff approved a resolution amending Tentative Parcel Map No. 11790, Wal-Mart Stores, Inc., as follows: 2017-2018 Kern County Grand Jury a. In 2009, approved Tentative Parcel Map No. 11790 for 29.28 acres divided into four parcels for commercial use. i. Parcel 1 (approximately 21.24 acres) for Wal-Mart store and parking ii. Parcel 2 (approximately 1.68 acres) for a proposed gasoline dispensing station iii. Parcels 3 and 4 (approximately 4.06 acres) developed as commercial land uses at a later time b. Parcel 1 is complete and open for business. Development of the other parcels is on hold pending redrawing of parcel boundaries and approval of the tract map by the City Council. F7. As a General Law City, the City Council hires the City Manager and City Attorney. The City Manager hires, disciplines, dismisses City employees, and oversees the operation and management of the City, under the policies and guidelines of the City Council, as follows: The current City Manager e-mails the Council as a whole on the activities and concerns of the City The City Mayor is elected for a two year term The City Council Members are elected to a four year term on a staggered basis To verify residency for the City Council Members and City Mayor, California Driver’s License are used with a declaration of “penalty of perjury under the law” that statements are true and correct City Elections are conducted, under the State Elections Code, in conjunction with the Kern County Elections Office F8. Total Revenue for the City is approximately $15.8 million per year from the following sources: Sales Taxes and Measure V Tax Transit Occupancy Tax – TOT (hotel tax of 10%) Property Taxes F9. The City has spent approximately $2.3 million to install a “Smart Irrigation System” that will automatically control the irrigation in the parks. The system will only water when the soil moisture reaches the desired level. The system controllers estimate soil moisture, or specific water needs of plants, so excess water use is minimized. F10. The City provides the following services for the residents: Police protection services Waste Water and treatment plant o Located on NAWS China Lake o Operated by the City o Services the NAWS China Lake’s needs 2017-2018 Kern County Grand Jury Public Works o Road maintenance and improvements o Transportation (bus service, Dial-a-Ride) F11. The City does not appear to have a visible graffiti problem. Graffiti is mitigated by a group of volunteers who remove graffiti weekly; approximately 300-500 sites per year are removed. F12. The City is experiencing a growth in population, with today’s estimates exceeding 30,000 residents. NAWS China Lake is projecting to add 700 new contracted engineers in the next two years, who will need civilian housing. Current available City housing is very limited. F13. The City is a member of the Indian Wells Valley Groundwater Authority. The City Manager is also the General Manager for this agency. F14. The City voters passed Measure L in 2012 and Measure V in 2016. Measure V extended Measure L for 8 years, and increased the sales tax within the City an additional one percent. The revenues generated are to be used for police protection and road maintenance. F15. The Committee attended the City Council - Redevelopment Successor Agency - Housing Authority - Financing Authority Meeting, held Wednesday April 18, 2018. On the meeting’s agenda, Item 1. Fiscal Year 2018-2019 Road Program, was a presentation and discussion to prepare a final draft to spend approximately $1.5 million for road improvements and maintenance. The Council Members discussed several plans with the Public Works Department, and allowed public input on how to allocate the Measure V Funds. F16. The Police Department utilizes NIXLE®, which is a new technology information program to inform the community of issues and alerts, using social media. COMMENTS: The Committee thanks the City Manager and the City Attorney, for their input and cooperation. The City is a thriving “Oasis” and a major business hub for the Indian Wells Valley. People travel from neighboring communities such as Bishop, Independence, Lone Pine, Big Pine, Trona, and other communities in eastern Kern County, to shop within the City, thus contributing to the economy.
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CO16The City of Ridgecrest should post a copy of this report where it will be available for public review.
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CO17Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
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CO18Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2017-2018 Kern County Grand Jury APPENDIX A FROM: Municipal Service Agreement, June 1, 2016, City of Ridgecrest and Timbisha Shoshone Tribe 2017-2018 Kern County Grand Jury City of the Future PREFACE: Located in Kern County, the City of Shafter (City) is a strong community that is committed to its 18,000 plus residents by offering them an affordable and comfortable place to reside. The City was incorporated for the first time on January 11, 1938, and established as a charter city on June 6, 1995. Shafter is a progressive community, providing a variety of services to residents. The moniker, “City of the Future,” is fitting for this fast growing little city. Over the past two decades, the City has aggressively welcomed new well-organized development, and offered many new services that are now generating much- needed funds. PURPOSE OF INQUIRY: The 2017-2018 Kern County Grand Jury (Grand Jury) inquired into the operation and management of the City, pursuant to California Penal Code §925(a). PROCESS: The Cities and Joint Powers Committee (Committee) attended the City’s Regular Meeting of the Shafter City Council, Tuesday, September 19, 2017, and met with the City Manager on October 10, 2017, at City Hall, 336 Pacific Avenue, Shafter, California. The Committee read prior Grand Jury reports, searched the internet, reviewed the City’s website, and toured the City to prepare this report. City Council agendas and minutes were also reviewed from the City’s website. BACKGROUND AND FACTS: The City of Shafter is named for General William Rufus “Pecos Bill” Shafter, commanding general of the American forces in Cuba during the Spanish- American War, in 1898. This was the year the railroad was completed in the area and a siding was named in his honor. The Kern County Land Company 2017-2018 Kern County Grand Jury 147 sold lots for the town of Shafter at this site in 1914. Some of General Shafter’s personal effects are on display at the Depot Museum in Shafter. The first post office opened in 1898, moved to a new location in 1902, then closed in 1905. A new postal service reopened in 1914, and is still in operation today. The City was incorporated in 1938. Historical note: The City is home to Minter Field, which began operations in June 1941, as a training airfield, and saw heavy use during World War II. Approximately 7,000 troops were stationed at the airfield, which also housed up to 600 prisoners of war. Today the airfield is publicly owned and administered by the Minter Field Airport District, which serves as an industrial center and airport for crop dusters and private aircraft. The Minter Field Museum is maintained on location as well. The first truly successful human powered airplane, the Gossamer Condor, which won the Kremer Prize on August 23, 1977, took flight at Minter Field. A California State Monument honoring this event is located there. Future plans for the airfield include expansion of the runway and a solar farm. Photo from www.minterfieldairmuseum.com The Shafter Historical Society maintains two other museums within the City. The Green Hotel and the Shafter Depot Museum emphasize various aspects of the daily lives in early Shafter. Both structures are listed on the National Register of Historical Places and the California Points of Interest. The Green Hotel is located in the downtown area and is fully restored. The Kern County Land Company built the hotel in 1913 to provide lodging for prospective land buyers of the new town. The City supports the Historical Society financially ($20,000 annually), joint promotions of activities, and prints newsletters for the Society. Photos from www.shafter.com 2017-2018 Kern County Grand Jury 148 A. The City is located in the County of Kern Supervisorial District 1, California Senate District 14, California Assembly District 32, and Congressional District 21. B. The governance for the City is a Charter City organization. A charter city is not required to pay prevailing wages (unless State or Federal funds are used), has a greater degree of control over municipal affairs, and may enact legislation, as long as the legislation does not violate State or Federal Constitutions. C. In 2016, the City completed Annexations 83 and 86, increasing the land size to 38 square miles. Kern County and the City of Shafter have agreed on other new land that may be annexed. The City’s sphere of influence is about one mile north, butting against the City of Wasco, one mile east of Highway 99, one mile west of the City, and butts against the City of Bakersfield to the south at 7th Standard Road. D. The population of the City was at 16,989 in the 2010 United States Census, up from 12,736 in the year 2000, and projected to be 18,800 to date. E. The City’s core is located along State Route 43 and the Burlington Northern Santa Fe (BNSF) Railway, 18 miles northwest of the City of Bakersfield, and the city limits include outlaying suburbs of Meyrick’s Corner, North Shafter, Smith’s Corners, and Thomas Lane. F. Historically, much of the City’s economy has been based on agriculture and ag-related industry. Local crops include almonds, pistachios, cotton, grapes, alfalfa, as well as some carrots, potatoes, and other vegetables. Cotton and potatoes have a special historical significance for the City, as the leading industries in different periods of the City’s development. The United States Department of Agriculture (USDA) Cotton Research Station was established in 1917, two miles north of the City. This station is now operated by the University of California, and continues to be the center for cotton and plant research in the San Joaquin Valley. Shafter’s sandy loam soil is excellent for growing early spring potatoes. The potato variety of choice, the Shafter Long White, became known throughout the country. By the 1940s, the City had 23 potato packing sheds, shipping hundreds of rail cars daily during harvest season. 2017-2018 Kern County Grand Jury 149 Photo from www.shafter.com G. More recently, the City has become a hub for a variety of economic endeavors including manufacturing, logistics, and energy. Company Year Established City of Shafter 1913 Incorporated 1938 Richland School District 1914 Kern High School District 1928 Shafter High School The Garlic Company 1986 Bidart Brothers 1993 GAF 1993 The Hillman Group 2000 State Farm 2001 Target Logistics 2002 GMC Roofing 2002 Performance Food Group 2005 MRC Global Fabricators 2006 Formica 2006 American Tire Distributors 2007 Cemex 2008 Williams-Sonoma 2008 Weatherford 2012 Baker Hughes 2012 Ml Swaco/Schulmberger 2012 California Paper 2013 Ross Dress for Less 2015 FedEx Ground 2015 DMSI 2016 Grimmway Enterprises Unknown JD Rush Company Unknown 2017-2018 Kern County Grand Jury 150 H. The City is home to the Wonderful Industrial Park (WIP) (formerly known as the International Trade and Transportation Center); built to facilitate Central Valley access to ports in Long Beach and Los Angeles, via the BNSF Railway. Shafter will likely continue to grow economically as the WIP continues to develop. Photo from www.shafter.com One reason for the growth at WIP is the City’s rail facility with more than 10,000 feet of track owned and operated by the City’s Public Works Department Connects the BNSF Railway to the tenants at WIP Only locally owned rail facility serving an industrial park, in the San Joaquin Valley I. In 2006, the City began construction on a 25 mile fiber-optics system, to serve the businesses with a reliable internet connection. Within four years, the system paid for itself and is generating a profit for the City. This is a 10 gigabyte Ethernet network system, through the Shafter Connect Network. Since the system began operation in 2007, a near-zero unscheduled downtime has been maintained. The City is the only municipality in the Central Valley that offers fiber-optic connections. The network currently serves several areas: City Core Downtown municipal offices Educational community Law enforcement Minter Field Airport and Industrial Park along Lerdo Highway to Highway 99 Wonderful Industrial Park at 7th Standard Road Future development on 7th Standard Road to Calloway Drive J. After a two-year closure, the City reopened the Shafter Modified Community Correctional Facility (MCCF) in 2013. The MCCF is in the fourth year of a five year contract to house a maximum of 640 inmates, with the California Department of Corrections and Rehabilitation (CDCR). The City employs a full-time department head to supervise the MCCF. 2017-2018 Kern County Grand Jury 151 Profits from the MCCF directly benefit the public safety programs, and the Shafter Educational Partnership. K. In 2010, the City, the Richland School District, and Shafter High School (Kern High School District) formed the “Shafter Educational Partnership” to support educational excellence in Shafter. Since that time, the partnership focused its efforts in three areas: challenging advanced students, forming a strong foundation in reading, and building a community for learning. L. The Shafter Educational Partnership, in conjunction with the Kern County Library and the Richland School District, opened the Shafter Learning Center in June 2014. The Shafter Branch of the Kern County Library (Library) was remodeled to accommodate two classrooms and a computer lab. Currently, about 1/3 of the building is the Library and the remaining is the Learning Center. The City is responsible for the maintenance of the building and allocates over $900,000 per year to support the Learning Center. County operates the Library 32 hours per week, with assistance from the City, the Library is open 40 hours per week The Learning Center is open 68 hours per week, with a hired director Classes are offered to students in the 3rd to 12th grades o Subjects offered are Math Lab, Keyboarding, French, o English, Calculus Books are provided for the students to take home o Computers are available to the public o Classes to challenge advanced students o Afterschool and early development reading programs o Expanded summer programs may employ over 30 staff o Charges for classes range from $1 to $5 per session (fee o waivers are available) FINDINGS: F1. The Committee attended the Regular Meeting of the Shafter City Council on Tuesday, September 19, 2017, and noted the following: Well planned agenda Well organized and ran smoothly Motions were read completely by the maker of the motion, and roll call votes followed Complete financial information with all account balances were provided with the agenda Minutes of the Tuesday, September 5, 2017 Regular Meeting, were written with details 2017-2018 Kern County Grand Jury 152 F2. After visiting the City, the Committee noted very little graffiti. This was due to the quick removal as a priority of the City, to have it removed within 24 hours. Residents are encouraged to call City Hall or use the website to report graffiti as soon as possible. F3. The City offers water, waste, refuse, police, streets, and lighting services to the residents. Fire protection services are contracted with the Kern County Fire Department. Water: 50% metered, spending about $1 million a year to meet the o 2025 State goal 1,2,3-TCP removal is on the 3rd year of filtering all wells o (using funds from a settlement) Conservation is running about 15% at this time o Water is provided to Maple School District and three small o communities (Smith’s Corner, Mexican Colony, Cherokee Strip) outside the City Limits F4. After twenty years of planning, the City has a sound 2017-2018 budget ($58 million) with approximately $60 million in reserves: General Fund revenues $28 million Enterprise Fund revenues $ 6.6 million MCCF revenues $14.9 million Special Revenues (lighting) $ 3.4 million F5. The MCCF’s current contract with CDCR provides $62 a day per inmate, with a guaranteed minimum number of inmates. New contract negotiations are taking place. F6. The County of Kern and the City have been negotiating the transfer of the Shafter Veterans Hall to the City of Shafter. The Kern County Board of Supervisors should complete the transfer of ownership on October 26, 2017. F7. The City has a well-organized website (www.shafter.com) with good information for its citizens. Portals include: Government, Services, Community, Business, and How Do I…. Online Payments, Notifications and Alerts, Service Request, and Job Opportunities are also options. Citizens may participate in the citywide blog. The IT Department Head maintains and controls information on the website. F8. After more than three years of court litigation, the City and the High Speed Rail System of California are negotiating agreements for the route and grade separations for the City. California Environmental Quality Act (CEQA) impacts are also being considered. 2017-2018 Kern County Grand Jury 153 COMMENTS: Since the 2014-2015 Kern County Grand Jury Report, the City of Shafter has addressed the recommendations made in that report. The Committee is pleased with the progress and business friendly community. The City Manager was very cooperative and helpful in providing needed information about the City and future activities.
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CO19The City of Shafter should post a copy of this report where it will be available for public review.
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CO20Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
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CO21Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror(s) pursuant to PC §916.2(a). This juror(s) were excluded from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report. 2017-2018 Kern County Grand Jury 154 155 156 157 158