Kern County Grand Jury • 2020-2021

Administration, Audit and County Services Committee Linda Casey Amelia (Millie) Rivera, Chairperson Donalda Biscar

32 pages
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Findings and Recommendations 24 findings

F1
In order to focus on responsible environmental practices and help keep unnecessary items out of landfills, Public Works sponsors four to six community Bulky Waste Collection events monthly. Events are coordinated with an outside agency:  For additional information on holding recycling events, agencies and organizations are encouraged to contact the Public Works – Code Enforcement Compliance Division  April 13, 2019 collection event results: April 13, 2019 Bulky Waste Collection Event GRAND TOTALS Net Weight (Lbs.) Net Weight (Tons) Totals 107630 53.815 Landfilled 51% 54760 27.38 Traffic Count Diverted 49% 53870 26.44 530  For additional collection events statistics (See Appendix A) Code R1, R4
Related Recommendations (2)
R4
Concentrate on improving neighborhoods
R6
Hold public informational meetings
F2
Public Works has implemented the RAPID (Removing And Preventing Illegal Dumping) Response Unit, funded by a parcel tax assessment and requested by the community at public meetings:  RAPID Response deployment is determined by the Code Enforcement Officer  RAPID Response will pick up items that are scheduled and brought to the curbside  RAPID Response is also triggered by a citizen caller’s complaint to Code Compliance reporting illegal dumping  RAPID Response records, removes and appropriately disposes of the illegally dumped items: o If RAPID Response is responding to a complaint and finds additional illegal dumping, the team will also remove and appropriately dispose of the items Code R1, R4
No recommendations for this finding
F3
Regulations in the Kern County Ordinance Code allows Code Compliance to cite property owners with increasing fines for second and third violations of the same code, within a one year period. Once abatement has been verified, Code Compliance will not return to the property unless a new complaint is filed. Code R1, R2, R4
No recommendations for this finding
F4
Public Works has two additional Information Technologists assigned to update the main website (www.kernpublicworks.com). Code R3
No recommendations for this finding
F5
There is no direct link on the Public Works website to Code Compliance. Code R3
Related Recommendations (1)
R3
Update Citizen Portal
F6
To access the Code Compliance Citizen Portal:  Use the following link: https://kernpublicworks.com/building-and- development/code-compliance  Select Code Compliance Online Code R3
No recommendations for this finding
F7
The website user has the option of registering for an account or performing an anonymous search:  The website utilizes an “out-of-the-box” program with limited capability for modification  The Committee found it difficult to navigate the program Code R3
Related Recommendations (1)
R3
Update Citizen Portal
F8
The Code Compliance caseload has increased in recent years, and although staff size remains the same, they are processing over 3,500 complaints per year, with the majority closed within 90 days:  Staff have become more effective in processing routine cases  There are approximately 100 cases remaining that are over one year old: o These older cases are viewed quarterly to determine if an action can be taken o Many of these cases have absentee landlords, are mired in legal issues or have other mitigating factors, making them difficult to finalize o The April 29, 2019 Kern County Code Compliance Division, Open Cases by District Report does not indicate the current status of the cases Code R2
Related Recommendations (1)
R2
Review old unresolved complaints
F9
Staff from other departments are invited to contact Code Compliance if, in the course of their job functions, they find what may be a violation. Code Compliance does not routinely use staff from other County departments. Code R5 BACKGROUND: The Caliente Creek Watershed Prior to the land being developed for agricultural purposes, the Caliente Creek Watershed, north of Hwy 58, was a wide alluvial valley where rain water from 470 square miles of mountains, between Walker Basin and Tehachapi, spread out and was, for the most part, absorbed into the soil. Decades ago, farmers seeking to protect their land, crops and investments from flooding, built levees. The excess flow from Caliente Creek then fanned out along the eastern side of the floodplain around and through Arvin. In 1935, to protect farmland and structures around the Arvin area, the Tamarisk Dam (also known as the Tamarisk Tree Line) was built to divert floodwaters. As development progressed, more and more levees were built. The largest portion of the flood waters were diverted and channeled by the berms and levees onto county roads that then become rivers, resulting in damage of untold millions of dollars. The flood waters and sediment that flow to downstream properties, ultimately flood the community of Lamont. This creates personal and financial havoc for the families and businesses residing in the areas that flood each year. FINDINGS:
Related Recommendations (1)
R5
Coordinate with other departments for possible code violations  Caliente Creek Watershed (Caliente):
F10
Agricultural berms/levees, originally built decades ago prior to Kern County and California State statues, have been allowed to remain. Caliente R2
No recommendations for this finding
F11
Agricultural farms are exempt from the permit process for moving dirt within the property, i.e. preparation for planting, creating berms, etc. Caliente R2
No recommendations for this finding
F12
The Irrigated Lands Regulatory Program mandates agricultural berms/levees be used to keep irrigation water on the farm acreage, so as to not leech pesticides into the water tables or to public lands. Caliente R2
No recommendations for this finding
F13
Although the purpose of the mandate is not to keep floodwater off the farm or divert the water, the requirement is to protect groundwater. Caliente R2
No recommendations for this finding
F14
The Public Works Department is aggressively seeking additional solutions to eliminate or minimize flooding in the Lamont area. In addition, Kern County has adopted an Emergency Response Plan for the Caliente Creek Floodplain. Caliente R9
Related Recommendations (1)
R9
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F15
In the event of potential flood situations, the Public Works Department is continuously assessing potential damage and the necessary County response. Crew personnel are deployed to further monitor gauges and sensors, watch and inspect areas, roads, and neighborhoods to determine the correct responses to the developing conditions. Caliente R9
Related Recommendations (1)
R9
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F16
Emergency situations can include damage to homes, farmland, road pavement, drainage piping and the dangerous collections of floodwaters and debris. Equipment and manpower respond to alleviate the danger to life, health and safety. This may often require regrading and the placement of K- rail barriers to control water flow. Caliente R9
Related Recommendations (2)
R1
Address health and safety hazards often resulting in complaints
R9
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F17
When the conditions are deemed safe, equipment and manpower are dispatched for clean-up:  Clear, repair and open roads  Remove K-rails  Move dirt, sediment and debris to the appropriate landfill  Clear drain pipes  During the dry seasons, preparations and additional repairs are made to help minimize the consequences of future flooding Caliente R9
Related Recommendations (1)
R9
Adopt plan of action for flood emergencies This review is to address overlapping recommendations from the two reports. PROCESS: The Administration and Audit Committee (Committee) interviewed officials from the Kern County Public Works Department and the Code Compliance Division. Code Compliance supplied reports to the Committee and information was gleaned for this report. In addition, research and reviews were conducted of the Kern County Website (Public Works, Code Compliance Division), internet and newspaper articles, television interviews and previous Grand Jury reports. BACKGROUND: Code Compliance Code Compliance is a Division of Kern County Public Works. Public Works oversees multiple divisions including: Code Compliance, Building Inspection, Floodplain Management, Geographic Information System (GIS), Engineering, Special Waste, Roads, etc. The divisions working together are critical for success. Code Compliance is complaint-driven and must be operated in such a manner that will not breach the Equal Protection Clause as guaranteed by the U.S. Constitution. Targeted enforcement (focusing on an area where no complaint exists) may lead to liability issues. A complaint is required to initiate an investigation. Code Compliance enforces ordinances concerning property conditions. Complaints are prioritized based on threats to health, safety and public nuisance. This includes the lack of building and grading permits, abatement of excessive weeds, abandoned dwellings, vehicles and illegal dumping.
F18
In 2017, the Kern County Board of Supervisors authorized $300,000 for a feasibility study regarding the Caliente Creek Floodplain (AECOM Final Report). The study included water flow speed and routing along the floodplain, using various scenarios. Caliente R7 (See Appendix B)
Related Recommendations (1)
R7
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F19
The study included recommendations for the use of the purchased land near the Bena Landfill and for the additional purchase of acreage. The Department is in discussion with private land owners for the acquisition of additional land for floodplain controls and recharging the water table. Caliente R7
Related Recommendations (1)
R7
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F20
The purchase of the additional land for a buffer zone near the Bena Landfill allows land grading in the floodplain area which aids in slowing the floodwater flow speed. The purchase of the land has also given the County the water rights necessary for the Bena Landfill requirements. Caliente R7 (See Appendix C)
Related Recommendations (1)
R7
Pursue funds for projects recommended by the AECOM Final Report - Caliente Creek Feasibility Study
F21
Public Works is working diligently to design and construct floodplain structures to help control or eliminate flooding in the Caliente floodplain areas:  Grant writers are continually searching for grant monies for flood mitigation  Applying through California Proposition 1 as funds are available: o Proposition 1, The Water Quality, Supply, and Infrastructure Improvement Act of 2014 authorizes $7.545 billion in general obligation bonds to fund ecosystems and watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection.  Informational community meetings will be held for: o Public input o Sharing Information on the action plan o Project timeline o Status and progress of the project Caliente R7
No recommendations for this finding
F22
Emergency funds through Federal Emergency Management Agency (FEMA) are only available after a disaster has been declared by the Federal Government and are not readily available. According to a Kern County Official, the notion of FEMA writing checks on site “is laughable.” Some counties may wait as long as five to six years for the disbursement of emergency funds, forcing the counties to pull the relief funds from their own budgets until FEMA reimburses the county.
No recommendations for this finding
F23
The Public Works Department has utilized the Lean Six Sigma doctrine to implement improvements within Code Compliance. COMMENTS: The Committee would like to thank officials from the Kern County Public Works Department and the Code Compliance Division for the invaluable information, resources and time in the preparation of this report. The Committee recognizes the time and effort being spent in planning, developing and implementing Caliente Creek flooding solutions is a work in progress and will require multiple years for completion.
No recommendations for this finding
F24
KCVSD does not have a current Policy and Procedures Manual however; they are adapting a CalVet manual for Kern County usage. COMMENTS: The Kern County Grand Jury would like to thank the Director of Kern County Veterans Service Department and the staff for the informative interview and tour of the facility.
No recommendations for this finding

Comments 11