Kern County Grand Jury • 2020-2021

Cities and Joint Powers Committee Ken Rafanan Charlynn McCarthy Mike Elliott, Chairman Mission Statement The Cities and

135 pages
View Original PDF

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