Cities and Joint Powers Committee Enrique Vicuna, Chairperson Bonnie Lyday Dwayne Ardis Mission Statement Pursuant to

Comments 24

• CO1
  Only two Traffic Operations Technicians are trained to modify traffic light time duration. Other Traffic Operations Technicians and their Supervisor do not have this training.
• CO2
  There are six solar powered surveillance cameras throughout the city and can be relocated to different areas.
• CO3
  On February 25, 2019, a review of Wasco’s website revealed that the City Council Agenda and Minutes had not been updated since October 2018. In addition, the Finance Department has not updated financial statement information. Furthermore, the Community Development Department’s last meeting minutes were for October 2017.
• CO4
  The chart below illustrates the stopping distance at various speeds.
• CO5
  Computerized Traffic Controllers (CTC) regulate the traffic lights at 427 intersections throughout the City of Bakersfield. 358 intersections are directly connected to the Traffic Operations Center (TOC). From either the TOC or the CTC, Traffic Operations Technicians have the ability to change traffic light timing intervals. Any maintenance done to the CTC is recorded in a logbook left inside the CTC cabinet.
• CO6
  CTC detect cars at an intersection by either ground loop sensors or cameras that operate like a motion detector. Special sensors can also detect approaching emergency vehicles and turns the traffic light to green for them.
• CO7
  CTC cabinet doors are locked but are not equipped with open door alarms to indicate when a cabinet door has been opened. 2018-2019 Kern County Grand Jury 64
• CO8
  In addition, malfunctioning traffic lights may be reported via the City of Bakersfield web site. The app is free to download for both Apple and Android platforms by searching for “Bakersfield Mobile” in the respective app store:  Android: https://goo.gl/WCgaFw  iOS: https://goo.gl/zDZuuS COMMENTS: The Committee would like to thank the City of Bakersfield, the Bakersfield Police Department Traffic Division, Red Light Photo Enforcement and the Bakersfield City Public Works Department for their information and assistance.
• CO9
  The city’s computer programs and hardware are updated on a regular basis. The city has connected fiber optics to their servers in order to increase the speed of data transfers. Outdated computers are scheduled for replacement.
• CO10
  The Safe Sidewalk Vending Act (SB946) went into effect on January 1, 2019. Under SB946 sidewalk vendors may not be prohibited, although local authorities will be able to establish regulations on sidewalk vendors to protect valid health, safety and welfare concerns. Wasco City Officials are anticipating this may negatively affect Wasco due to public health concerns, loss of sales tax revenue and retail business to “brick and mortar” stores:  On January 22, 2019, Wasco City Officials passed Ordinance #19- 700 to regulate street vendors. COMMENTS: The Committee wishes to thank the Staff of the City of Wasco for their information and willingness to assist with this report.
• CO11
  The City of Arvin should post a copy of this report where it will be available for public review.
• CO12
  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
• CO13
  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 2018-2019 Kern County Grand Jury CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2018-2019 Kern County Grand Jury CITY OF BAKERSFIELD Measure N Citizen Oversight Committee SUMMARY: On November 6, 2018, Bakersfield City voters went to the polls to vote on Measure N to raise the sales tax from 7.25% to 8.25%. The added 1% sales tax is anticipated to generate $50 million annually. Measure N revenues will be part of the City of Bakersfield General Fund. Measure N was passed by a margin of 97 votes (.05%). Measure N required the Bakersfield City Council to appoint an independent Citizen Oversight Committee to review the expenditure of revenues generated by the ordinance. The Citizen Oversight Committee shall advise City Council on goals and objectives associated with the revenues collected, and produce an annual report. The Bakersfield City Council did not anticipate the volume of interest from the public. The City Council received 87 applications for the Citizen Oversight Committee. The Bakersfield City Council then faced the daunting task of selecting nine members from the list of 82 qualified applicants. PURPOSE OF INQUIRY: Pursuant to California Penal Code §925(a), the 2018-2019 Kern County Grand Jury (Grand Jury) inquired into and investigated the Bakersfield City Council selection process to establish a Citizen Oversight Committee. PROCESS: The Cities and Joint Powers Committee (Committee) interviewed several Bakersfield City Council members, researched the internet, newspaper articles and TV/radio newscasts. FACTS: The Bakersfield City Council (Council) consists of seven elected officials who represent the citizens of Bakersfield. The Council has the responsibility to oversee the business of the City, which includes filling various Boards and Commissions with citizen volunteers. Measure N requires the Council appoint a Citizen Oversight Committee, selected from the public, to give guidance and oversight into how the Measure N revenue would be spent. The appointment of the Citizen Oversight Committee was portrayed as a key to transparency. 2018-2019 Kern County Grand Jury 55 FINDINGS: F1. With the passage of Measure N, Bakersfield City residents were invited to apply for a position on the Citizens Oversight Committee by submitting an application and resume by January 25, 2019. There were 87 applications submitted. Applicants with obvious conflicts of interests, or who resided outside of the city limits were eliminated, leaving 82 applicants. F2. A Coalition (Coalition) was formed and consists of the Greater Bakersfield Chamber of Commerce, Kern County Taxpayers Association, Bakersfield Association of Realtors, Bakersfield Police Officers Association and the Bakersfield International Association of Firefighters reviewed the 82 applicants and made recommendations to the City Council. The Coalition recommended people with business, accounting and budget backgrounds. F3. At the February 6, 2019 Bakersfield City Council meeting, the Council decided to use a unique voting method to select the Citizen Oversight Committee. Each Council Member voted for nine applicants on the first ballot. Those applicants who received four or more votes were automatically given a position on the Citizen Oversight Committee. Those applicants who did not receive any votes were eliminated. The remaining applicants were voted on again in a second and third round of voting until all nine positions had been filled. This voting process was used in hopes that only the “best of the best were selected.” Of the nine seated positions, seven were recommended by the Coalition. F4. The selection process made no provision for future Committee vacancies that may occur. F5. This Citizen Oversight Committee was appointed to a three-year term to review how tax funds are spent and to make expenditure recommendations to the City Council. After three years, their term will expire and Bakersfield residents will once again be asked to submit applications to be on the Citizen Oversight Committee. F6. The Citizen Oversight Committee reviews and advises, however, the City Council has the final say as to how and where funds are spent. F7. The Citizen Oversight Committee will hold public meetings on an as-needed basis, no less than twice per year. The public is encouraged to attend the Citizen Oversight Committee meetings to give input. F8. The Citizen Oversight Committee does not receive compensation. 2018-2019 Kern County Grand Jury 56 F9. After the Citizen Oversight Committee was selected, public complaints began to surface. According to newspaper editorials and TV/radio interviews, the public perceived that Measure N would provide transparency by selecting members from the public with various backgrounds. The consensus of the complainants is that the selection process was not fair because the Council relied heavily on Coalition recommendations and did not provide transparency. There was also anger that Measure N failed to mention that some of the funds would be used to make California Public Employees Retirement System (CAL-PERS) payments. COMMENTS: The Grand Jury would like to thank members of the Bakersfield City Council for their information and cooperation.
• CO14
  The Bakersfield City Council should post a copy of this report where it will be available for public review.
• CO15
  The City of Bakersfield should post a copy of this report where it will be available for public review.
• CO16
  The City of California City should post a copy of this report where it will be available for public review.
• CO17
  Persons wishing to receive an email notification of newly released reports may sign up at www.kerncounty.com/grandjury.
• CO18
  The City of Maricopa should post a copy of this report where it will be available for public review
• CO19
  The City of McFarland and the Kern County Fire Department should post a copy of this report where it will be available for public review.
• CO20
  The City of Taft should post a copy of this report where it will be available for public review.
• CO21
  The City of Tehachapi should post a copy of this report where it will be available for public review.
• CO22
  The City of Wasco should post a copy of this report where it will be available for public review.
• CO23
  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
• CO24
  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: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2018-2019 Kern County Grand Jury 109 Appendix A: Based on 2015 data, the Division of Drinking Water has estimated that 103 water systems serving approximately 920,000 Californians have detected 1,2,3-TCP above 5 ppt in at least one drinking water source. Communities in several counties within the Central Valley are particularly impacted due to their reliance on groundwater and past use of pesticides containing 1,2,3-TCP in many agricultural areas. The regulation will require that more than 4,000 public water systems statewide begin quarterly sampling for 1,2,3-TCP in their drinking water sources in January 2018. Systems will be in or out of compliance with the new drinking water standard based on the average of four quarters of sampling. The State Water Board will assist water systems in violation of the 1,2,3-TCP standard reach compliance by offering technical help. In some instances for certain communities, funding assistance might be available through the State Water Board’s regular financial assistance programs. 2018-2019 Kern County Grand Jury 110