cities and joint powers committee mission statement · concerns that arose in taft and wasco...

CITIES AND JOINT POWERS COMMITTEE MISSION STATEMENT

The Cities and Joint Powers Committee of the 2006-2007 Kern County Grand Jury has the responsibility of interviewing those in authority of, and writing reports on, the 11 incorporated cities within the County of Kern pursuant to California Penal Code Section 925(a). The final outcome is to hopefully result in an improvement of the quality of life in the cities. Additionally, the Committee is responsible for investigating and responding to complaints from the citizens of these cities.

COMMITTEE:

LAWRENCE J. WALKER, CHAIR

LOIS MILLER

BONNIE RAMSDELL

SUMMARY

During the year the Committee conducted 19 interviews that included the 11 incorporated cities, one town council, two housing authorities, two community service districts, and one recreation and park district. Concerns that arose in Taft and Wasco resulted in an additional report for each. Six complaints were assigned to and investigated by the Committee, two were anonymous, and four were answered with one resulting in an investigation of a Brown Act violation.

ARVIN COMMUNITY SERVICES DISTRICT

PURPOSE OF INQUIRY:

On September 12 and November 9, 2006 the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the Arvin Community Services District (ACSD) in accordance with California Penal Code Section 933.5. PROCESS: The Committee met with the General Manager (GM) and Office Manager on September 12th and with the ACSD Board of Directors on November 9th, to inquire as to the current conditions of the District. The Office Manager provided a copy of the September 11th Board meeting, as well as copies of the minutes for the previous two Board meetings, and a copy of the recently completed audit of fiscal year 2004-2005. The GM then met with the Committee for a question and answer session and a tour of the pumping plant and water tower. BACKGROUND: The ACSD was formed on November 26, 1956, to provide water service for the residents of Arvin and the surrounding county area. The ACSD operates five active wells and has four inactive wells. FINDINGS: 1. While setting up the visit with ACSD it became apparent to the Committee that the

GM has not been keeping regular hours as it took several phone calls before the Committee was able to talk to the GM to set up the visit. The GM arrived 30 minutes late for the scheduled meeting.

2. One purpose of the visit was to look into the quality of the water being distributed

by ACSD. On August 30, 2006 it was reported in the news that some residents of Arvin had dirty water coming through the pipes in their homes. The GM was quoted in one news report, “…it’s nothing to get worked up about, just dirt and sediment coming through the lines.” Also in the same report the GM was quoted, "…while something like this can’t be prevented in the future,” he admitted that the system should undergo routine maintenance. An additional quote about routine maintenance was, “That’s kinda not been done as often anymore since we had the last drought, and then, also having enough time and manpower to do that.” The well that caused the dirty water problem was found to have a fracture in the lining

of the shaft and had been taken off line to install a patch. The procedure is considered to be a temporary fix, as explained by the GM.

3. The district services 3,184 customers. Over the past 34 years there have been a

total of nine wells available to the district for use. Some were installed as long ago as 1972. Three have been abandoned (1989, 1995, and 1998).

4. Of the nine wells currently in the District’s inventory only five are available for

use as potable water. Two of the five were down for repairs on the day of the visit. One well went down the night before the visit. The Committee became aware of the problem when the High School called to ask why the water pressure was down. The concern was whether the school should be closed for the day. The GM assured the school the problem was under control. The GM explained to the Committee that the electrical box on a pump had shorted out the night before and replacement parts had been ordered. The Committee asked if an alarm system was available to alert the District of problems. The GM stated both he and the Maintenance Foreman have water pressure gauges in their homes that can be monitored; however, there was not an audible alarm attached to the gauges to alert them of a problem. The other pump that is down is mentioned in finding number two. The Maintenance Foreman has since moved to Bakersfield leaving only one gauge to monitor the system.

5. Two additional wells are in the planning stages with a completion date projected

for the summer of 2007. Additional wells will be needed to keep up with the growth of the City of Arvin.

6. The State Water Quality Tables were changed as of January 2006 and the parts per

billion (ppb) Maximum Contaminant Level for Arsenic were adjusted from 50 ppb to 10 ppb. Currently the District has been mandated by the State to run tests on two wells. The GM stated that he expects the State to mandate tests on the remaining wells after the two under review meet the standard of 10 ppb.

7. The District has five Board members. One member will retire after the election in

November, and two other seats are up for re-election. The retiring Board member has served for over 30 years.

8. The GM’s office hours are posted as nine to six, five days a week. The district also

employs two office workers. Outside employees consist of one certified supervisor and two laborers. The District has been advertising for an additional certified employee.

9. Audits are scheduled to be completed annually by an outside audit agency. The

Committee was given a copy of the fiscal year 2004-2005 audit that had just been completed in August 2006. The 2005-2006 fiscal year audit was slated to be completed by September 30, 2006.

10. When the Committee met with the ACSD Board of Directors, it was stated that they were unaware of an annual audit not being completed when required.

11. The ACSD Board members were asked if a Standard Operating Procedures

Manual was available for all employees. They stated that one was available for all employees except the GM.

12. When the GM and the Board members were asked about possibly using parts from

inactive wells to repair active wells when a problem arises, they all seemed surprised at the suggestion.

13. ACSD missed an opportunity to obtain a grant to improve the water system,

particularly with regards to arsenic and well replacement. Although a company was hired to help with the grant process, the company was late in submitting the request.

14. The ACSD Board was asked if a performance audit had ever been conducted to

assess the operation of the district. To their knowledge none had ever been requested.

COMMENTS: It is apparent to the Committee that there is a lack of communication between the ACSD Board and the management of the district. There seems to be a reactive rather than pro-active mentality on the part of management. RECOMMENDATIONS: 1. The ACSD should contact the Kern County Water Agency to obtain a list of

recommended venders to conduct a performance audit. 2. The ACSD needs to have a written procedures manual that spells out the job

requirements for the position of the GM. 3. The ACSD needs to have an audible alarm system to monitor the water pressure. 4. The ACSD should contact grant resources at co.kern.ca.us/resources. Help is

available to find the appropriate grant writers to fit the needs of the District. 5. The ACSD should compile a list of parts on inactive wells that could be used in

future emergencies. 6. The ACSD Board of Directors and management need to develop a line of

communication that will facilitate a more responsive agency.

7. The ACSD Board of Directors should have in place a strict time line for completion of annual audits. The 2004-2005 audit was not completed until August 2006.

The Arvin Community Service Water District should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE 600 BAKERSFIELD, CA 93301

P.O. BOX 333 - PHONE (661) 854-2127 ARV1N, CAUFORNIA 93203

March 12, 2007

Jerold L. Turner, Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, Second Floor Bakersfield, CA 93301

Dear Honorable Jerold L. Turner:

This letter is responsive to the Grand Jury's report concerning this District transmitted

January 24, 2007 ("Report"). We appreciate the efforts and suggestions of the Grand

Jury and through this letter I wish to clarify certain matters.

With respect to the Findings of the Report there are several non-substantive

misstatements which we will not bother to correct. We do wish to correct and clarify two

of the findings as follows:

11. The “standard operating procedures manual” applicable to all employees

would be as follows: the District Personnel Policy as last amended June 13, 2005, and

in addition, with respect to the General Manager, the responsibilities of the General

Manager are further enumerated in a July 10,2002 Memorandum of Understanding.

Jerold L. Turner, Presiding Judge Kern County Superior Court March 12, 2007 Page 2

13. The District retained the services of Quad Knopf, a major engineering firm

with significant experience in remediating arsenic. They developed the grant application

and supporting documents which was timely submitted, however, the funds for which the

application was submitted had already been expended by the State. We have submitted

two additional applications under different programs and await a response.

With respect to the Recommendations, as to each, following is our response as to how we

will implement, where appropriate, such recommendations.

1. We agree that a performance audit would be a prudent thing to carry out.

We are in the process of soliciting requests for proposals and review responses from

various firms and anticipate carrying out such audit within the next 6 months.

2. With respect to the General Managers job responsibilities, such

responsibilities are clearly identified in an exhibit to the above-referenced July 10, 2002

Memorandum of Understanding (or Employment Contract) with the General Manager.

We have recently modified his normal working hours from 8 to 5, rather than 9 to 6,

which previously was the case. We have asked the General Manager to participate in a

training program for water and waste water professionals, which was to occur on March 6

and 7, but was canceled until further notice because there was not enough interest in the

class.


3. Regarding the alarm system to monitor water pressure, we previously had

such a system in place, but it was disconnected because it was inherently unreliable,

resulting in numerous false alarms and unneeded overtime. We have asked our engineer

to reevaluate such an alarm system and determine whether a more reliable system could

be installed. In addition we note that three employee, still living in Arvin, have homes

that are equipped with gauges to monitor water pressure (although not with audible

alarms). In addition we note that when pressure problems occur from time to time

customers call the District office and if they call after normal working hours, such calls

are forwarded to the employee-on-call at that time.

4. Thank you for the information on contacts for grant resources, which we

are consulting.

5. The only inactive well the District has is Well No.7 (that is all other

inactive wells have been destroyed) and we have removed, pump and motor from Well

No.7 for other uses. The electronic controls for Well No.7 are not compatible with other

district wells and equipment. Accordingly, this recommendation is not feasible.

6. Your recommendation is well taken. In order to try to develop better

communication between the board and management we not the following: (a) as

indicated above the General Manager will be attending a class for supervisors and we


have in the past and will continue to encourage him to attend classes to assist in management activities; (b) we anticipate the performance audit may provide some further

specific advise as to how to approve communications within the District; and (c) we have

encouraged the Manager and Board members (and particularly new Board members), to

informally meet one-on-one to review any questions or suggestions they may have.

7. We are taking steps to try to have audits more timely completed and in

that connection have spoken with our Auditor and he has indicated that in the future

audits will be completed within 6 months of the end of the fiscal year. Therefore we will

expect the 2006-07 audit to be completed by December 31, 2007.

Should you or any members of the Grand Jury have further questions of us, please

contact me.

CITY OF ARVIN

PURPOSE OF INQUIRY: On August 29, 2006, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Arvin (City) in accordance with California Penal Code Section 925(a). PROCESS: The Committee met with the City Manager, Finance Director, and City Clerk to inquire as to the current conditions of the City. The Mayor was not available at the time of the visit. The Mayor is employed by the Arvin-Edison Water District in addition to the City position. The Police Chief was away on military duty. BACKGROUND: The City was established in 1910 and incorporated on December 21, 1960. The City was named in memory of Arvin Richardson, an early pioneer in the area. The City has undergone many changes over the years as well as enduring many problems that now seem to be in the past. FINDINGS:

1. The City has been proactive in insuring that young residents have an opportunity for higher education. When a problem arose with transportation to Taft Community College, the City and the college were able to overcome the problem with a co-operative effort to provide bus transportation when needed.

2. The current administration has been in place for over three years and no

longer is focused on past problems and is now looking forward to making the City a better place to live. One of the main ambitions of the City is to attract new businesses that in turn will create jobs and invite new home owners.

3. The City-owned wastewater treatment plant problems of past years have

been resolved by entering into an agreement with a local farmer to spread the effluent on 1000 acres. The acreage will be more than adequate to use the facility to full capacity. The City is also working to develop plans for an additional treatment plant to be built as the City continues to grow.

4. With the discovery of the City in the past few years by national developers and home builders, the City is working on developing plans for future growth. The City insists the builders include parks and recreational facilities and has required the builders to set aside land for future school sites.

5. The Police Department is continuing to upgrade its fleet of vehicles by

acquiring three used vehicles from another agency. The vehicles were acquired at a cost of $5000 each and still have considerable road life.

6. The City operated with a less than adequate internet service until three and a

half years ago, i.e., only one dial-up line. New computers are now in place and operating on high speed cable.

7. The City has hired a planning director to acquire a designation of an

“Enterprise Zone” of vacant and undeveloped land within the City. In addition, the City has been able to purchase many acres of land for future development by paying overdue taxes and bringing bond issues current.

8. Plans are in progress for 300 new homes in one area, 1200 homes in another

area, and 365 “big” homes in the near future. The “big” homes are defined as having five or more bedrooms.

9. A gated community with two private lakes brings tourists to the area during

National Water Ski Week. However, there are no motels or restaurants in the City so visitors must find lodging in Bakersfield.

10. The City Manager asserts that the population of the City will double in the

next three years if all currently planned development is completed.

11. The recently-hired grant writer already has five to six applications in place. Two months after being hired the grant writer attained a $220,000 grant to improve the City parks. The work has since been completed.

12. $300,000 has been set aside to refurbish the municipal swimming pool.

Also 235 acres of land north of the present high school will include a park and a new pool.

13. The Finance Director said that the City must spend now to invest in the

future.

14. The City Manager feels the City is in “better shape” than other small cities in the County.

15. A Public Transit Transfer building is being built behind the present City

Hall.

16. The City Manager is extremely proud of the progress taking place throughout the City.

COMMENTS: The present administration appears to display a high level of professionalism and integrity. The Committee commends the City staff for having a proactive attitude in putting previous Grand Jury recommendations into action. RECOMMENDATIONS: Continue to move forward with the City’s aggressive plans that are now in place. The City of Arvin should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

NO RESPONSE REQUIRED

CITY OF BAKERSFIELD

PURPOSE OF INQUIRY: On January 22, 2007, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Bakersfield (City) in accordance with California Penal Code § 925(a). PROCESS: The Committee met with the City Manager, Assistant City Manager, City Attorney, and the Public Information Officer. The Committee reviewed City Council agendas and minutes, the past three Kern County Grand Jury reports and responses, and various media publications relating to the City. BACKGROUND: The Bakersfield area was previously a tule-reed-infested swamp and was first known as Kern Island to the handful of pioneers who built log cabins there in 1860. The area was subject to flooding from the Kern River delta, which occupied what is now the downtown area. In 1863, former Iowa militia member and former California state senator, Colonel Thomas Baker, moved into the Kern Island area to champion the cause of reclamation. He settled into a tule-reed thatched log cabin near present-day Truxtun Avenue and R Street. Baker was reputed to be one of the few government officials not corrupted by big business. Baker was asked to plot out a new town after a flood of the Kern River rerouted the river channel to the north. At the founding ceremony in 1869, residents surprised Baker by naming the town Bakersfield, in his honor. Bakersfield was incorporated in 1874, but disbanded in 1876 with the purpose of deposing an unruly city marshal. The City was incorporated again in 1898. (Notes were culled from Wikipedia.) FINDINGS:

1. There is a concern of pocket growth and county islands within the City. The City

seems to have learned from the past and is working toward resolving their annexation problems. The previous problems with pocket growth are being addressed with some vacant parcels within the City finally showing movement toward development.

2. The location of a Federal Court House in the downtown area is being addressed. The City has submitted the requested information to the Federal Government, and is now in a wait and see mode.

3. The City’s self-insured Workman Compensation fund is no longer in the red, with current claims averaging 36 percent below previous years. This improvement came about through changes in California law pertaining to Workman Compensation.

4. The Bakersfield Police Department recently graduated a police academy class that helped the City maintain a ratio of 1.17 officers per 1000 population. The City has placed added fees on future developments, that will help keep the City Fire and Police Departments funded to meet the growing needs.

5. The Committee inquired about a possible conflict of interest concerning a City Councilman. It was noted that the Councilman had already been approached concerning the matter, and it was up to the Councilman to make a decision. Two days later, it was reported in the news that the Councilman has decided to stay out of any future meetings involving a possible conflict of interest.

6. The Committee inquired about the half-cent sales tax (Measure I “Safer Roads Less Traffic”) that was defeated in the recent election. It appears that the idea is not dead and could appear again on a future ballot.

7. The joint powers agreement between the City and County Fire Departments was last updated two years ago, and is currently under review for an update.

8. The City recently hired an Assistant City Manager.

9. With the recent hiring of additional staff, the City is able to manage code enforcement effectively. The City feels it is not possible to enter into an agreement with the County for the City code enforcement staff to conduct inspections in County islands within the City. It is incomprehensible that through all their years of existence, the City and County cannot come to an agreement on how to address code compliance as a team and not individually.

10. The City has a very successful graffiti eradication program. It is staffed with seven pieces of equipment and enough personnel to be on the streets seven days a week, twelve hours a day. There are three Police Officers assigned to the task force.

11. The City is being updated on Lake Isabella Dam on a regular basis by the Army Corps of Engineers.

12. The Committee inquired about the flooding of downtown streets. The City Manager explained that it was a misconception that underground pumps were not operational; there are no underground pumps in place. There are mobile pumps available on an as-needed basis. The main problem is having two pipes flowing into a third pipe that is too small to handle the large volume of water during a

downpour. A plan is in place to fix the problem. The cost will be extremely high and funding may not be available for many years.

RECOMMENDATIONS: 1. The City and County should begin forming a plan to educate the citizens on how a

half-cent sales tax is the best way to address the need to maintain the roads of the County. This could include, but not be limited to, a televised Town Hall meeting that would allow call-in questions and comments.

2. The City and County should form a task force to formulate a plan that will address the differences of code enforcement rules between the two and allow for some consistency in enforcement.

The City of Bakersfield should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS: TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 600 BAKERSFIELD, CA 93301

May 23, 2007

The Honorable Jerold L. Turner Presiding Judge of the Superior Court County of Kern 1415Truxtun Avenue Bakersfield, CA 93301 Subject: Kern County Grand Jury Final Report for 2006/07-Recommendations Dear Judge Turner: On behalf of the City of Bakersfield, I am responding to the recommendations made by the Kern County Grand Jury in the 2006-2007 Final Report. My staff and I appreciated the opportunity to meet with several members of the Cities and Joint Powers Committee earlier this year. They were well prepared and expressed genuine interest in understanding City operations and addressing issues of significance in our community. The responses to the specific recommendations included in the Grand Jury Final Report are as follows:

1. The City and County should begin forming a plan to educate the citizens on how a half-cent sales tax is the best way to address the need to maintain the roads of the County. This could include, but not be limited to, a televised Town Hall meeting that would allow call-in questions and comments.

The City and County, as government agencies, are bound by legal constraints that do not allow us to directly advocate for a half-cent sales tax measure. The Kern Taxpayers for Safety and Traffic Relief coordinated an educational campaign for the ballot measure on the November 2006 ballot. That group is continuing their efforts to inform the public of the need to pass a half-cent sales tax for local transportation improvements. They hope to place a new measure before the voters in 2008.

The Honorable Jerold L. Turner Presiding Judge of the Superior Court May 23, 2007 Page 2

2. The City and County should form a task force to formulate a plan that will address the differences of code enforcement between the two and to allow for some consistency in enforcement. We received a similar question from the Grand Jury last year. While the City and County code enforcement laws are actually very similar, the geographic territory covered by our agencies is somewhat different. The County's enforcement jurisdiction is a much larger territory to cover, and much of it is rural. The City has a more concentrated area to focus on, so it is somewhat easier to monitor than the County's rural areas. Those differing characteristics create a challenge to provide consistent enforcement.

The responses to the specific recommendations included in the Grand Jury Final Report on Recycling are as follows:

1. The Kern County Board of Supervisors and the Bakersfield City Council should mandate use of a curbside "blue carts" recycling program for quality of life and environmental issues, as well as to be in a position of compliance with potential future State legislation which may increase the percentage reduction from the current 50% of base year 1990 requirement in 2000 to 60 percent or higher. This would be the most immediate means of decreasing the amount of trash going into the landfills. The long term alternative would be to establish a MRF for use by the County and by the City. The Bakersfield City Council passed a resolution on March 14, 2007 to establish economic incentives for the City's voluntary curbside recycling program. The fee for extra residential refuse cart service is no longer discounted, as it inadvertently created disincentives for participation in the curbside recycling program. The City will also discontinue the practice of providing free extra refuse carats in lieu of green waste carts, effective July 1, 2007. Finally, the fee for curbside recycling service will be reduced to $4.00 per month, also effective on July 1, 2007.

2. The Kern County Waste Management Department and the City of Bakersfield Department of Public Works, Solid Waste, and Recycling Division should combine the green waste drop off yard with the Mt. Vernon Recycling and Composting Facility, to eliminate the need for transporting green waste from the Bena Sanitary Landfill to the composting company in Lamont. To discourage future green waste from being placed into the landfill at Bena, a "tipping fee" should be instituted to convince customers to deliver green waste to the Mt. Vernon facility free of charge.

The Honorable Jerold L. Turner Presiding Judge of the Superior Court May 23, 2007 Page 3

The City of Bakersfield has no jurisdiction over the fees charged by the County as the Bena Landfill or other County landfills. However, the City has recommended the County consider a tipping fee for all green waste at the County landfills to discourage disposal and encourage recycling. Although there is already a tipping fee for nonresidential green waste, many landfill users declare their green waste to be from residential sources, so they can avoid the tipping fee. As for the hauling of green waste from Bena Landfill to the Lamont facility instead of the Bakersfield facility, we must defer to the County, as it is not a City jurisdiction.

I appreciate this opportunity to respond to the recommendations from the Grand Jury 2006-2007 Final Report. I hope the information provided will sufficiently address the issues presented by the Cities and Joint Powers Committee and the Ad Hoc Committee on Recycling. As always, if there are further questions or comments, please do not hesitate to contact me.

AAT:rs cc: Honorable Mayor and City Council Pamela McCarthy, City Clerk John C. Mainland – Foreman, 2006-2007 Kern County Grand Jury

CALIFORNIA CITY

PURPOSE OF INQUIRY: The Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited California City on September 19, 2006, pursuant to Penal Code Section 925(a). PROCESS: The Committee met with the City Manager, Finance Director, Acting Fire Chief, Police Chief, and City Clerk. The Committee reviewed previous grand jury reports and newspaper articles relating to California City before the visit. BACKGROUND: California City came to being as a dream of a developer in 1958 and was incorporated as a General Law city in 1965. The City is the third largest city in land area in California, encompassing a 204 square mile area with a population of about 13,000. FINDINGS: 1. The City was first developed with the idea that it would have a population of

approximately 60,000. That vision has yet to come to fruition. There are 50,000 sub-divided lots and parcels within the sphere of influence of the City. Approximately 30,000 parcels are controlled by absentee owners.

2. For many years the City has used a parcel tax to generate the needed funds to

maintain the infrastructure of the City. Only City residents have the opportunity to vote on the tax. Absentee owners are unable to vote on the parcel tax, yet still enjoy the benefits of increased property values. On the ballot this year is a proposed increase to the parcel tax that will also increase the longevity of the tax from three to five years.

3. In 2003 the City was operating on a line of credit, however under the present

administration the City now has reserves in excess of 10% of the current budget. 4. The City still feels it can do without a grant writer. Department heads appear to be

more than capable to handle the grant writing for their departments. 5. The City currently has a commercial development under construction that will

accommodate a yet to be determined large grocery chain plus several small businesses. Major retailers want a population of at least 15,000 before coming to a

new area. With the current growth rate the City should reach that level some time in 2007.

6. With the infrastructure having been installed back in the early 60’s, the City has been

fighting water leaks for several years. The problem is being addressed by a 180-day project that is currently under way to replace some of the water lines that are causing the biggest problems. However, the project will only address a small portion of the infrastructure. As time goes on there will be a need for additional projects.

7. The issue of a new high school for the City is still unresolved. The Superintendent of

the local school district believes the final approval will be received sometime in October.

8. A new correctional facility to be built at the federal prison property is still under

consideration, with a final decision to be made sometime in October. The City has requested that a new fire station be included in the plans.

9. The response time for the fire department is five to six minutes in town. Currently in

place are mutual aid agreements with the County Fire Department, Mojave Fire Department, Randsburg Fire Department, and Boron Fire Department.

10. The City still is without an emergency helicopter stationed within the city. The closest

large medical facility is Kern Medical Center in Bakersfield. Other facilities that could be used are located in Arrowhead, Antelope Valley, and the soon to be completed hospital in Tehachapi. A few doctors have offices within the city.

11. The City is without any major organized gang activity. The police department is

aggressive about identifying gang members, high incidents of domestic violence, batteries, burglaries, and theft in new construction areas. The City is actively curtailing graffiti problems with aggressive eradication the day it appears.

12. A Volunteer in Police Service (VIPS) program is very active in the police department.

VIPS members are used to work the counter, do office work, and transport paperwork to Mojave or Bakersfield. There is talk of expanding the concept by having VIPS members attend an academy for training to become reserve level three officers, allowing them to transport non-violent prisoners in patrol vehicles. The Desert Incident Response Team responds to problems in the desert recreation areas.

13. The City continues to pay $40,000 a year to maintain the Kern County Library

branch. The residents feel shortchanged having to pay to support a county facility. 14. The residents of the City feel the County Government could provide more support to

the City including a larger share of the tax revenue from the nearby prison. 15. The new interchange at I-14 and California City Boulevard is currently under

construction and is expected to be completed in 2008. Although the intersection is

about nine miles outside the City, it is hoped that the increased visibility will help expose the City to more people.

COMMENTS: The members of the City staff were highly motivated and interested in making California City a nice place to live. During the visit a loud sonic boom was heard and the comment was made that “it is the sound of freedom!” The Committee was brought to attention by the comment and appreciated the sound even more. RECOMMENDATIONS: 1. The County should consider expanding its scope of presence in California City. Of

interest would be having a Family Law day and a Traffic Court day. The City is willing and able to provide facilities to make this happen.

2. The City should contact the appropriate officials of other cities within the county that

have prisons within their boundaries and find out how the revenues are shared. 3. The Committee suggests that all members of the City staff read the County

Redevelopment Agreement contract entered into with the county in August of 1988. The Agreement pertains to the county library issue.

California City management should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

RESPONSE REQUIRED WITHIN 60 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 610 BAKERSFIELD, CA 93301

CITY OF DELANO

PURPOSE OF INQUIRY: On November 9, 2006, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Delano (City) in accordance with California Penal Code § 925(a). PROCESS: The Committee met with the City Manager, City Finance Director, City Clerk, Public Works Director, Community Development Director, Director of Human Resources, Economic Development Manager, Community Services Director, the Police Chief, and the local Battalion Chief of the Kern County Fire Department. The Committee reviewed City Council agendas and minutes, the past three Kern County Grand Jury reports and responses, and various media publications relating to the City. BACKGROUND: Delano was founded on July 14, 1873 as a railroad town. The name was officially given by the Southern Pacific Railroad in honor of Columbus Delano, who was at the time the Secretary of the Interior for the United States. The City was incorporated in 1915. FINDINGS:

1. The Police Chief has been in the position for six months and is in the process of

a major renovation of the Police Department. Thirteen new officers have been added to the Department and arrests are up 38% as compared to recent years. Police Officers have an opportunity to be in one of several specialty units such as the K-9 Unit, Narcotics Enforcement Unit, or a Community Response Unit.

2. The City recently purchased a new engine for $460,000 for the Fire Department.

There is a plan for a third fire station in the City.

3. The Airport Manager said that $1,000,000 in grants have greatly improved the airport. As a result of the grants there is a new 10,000 square foot hangar and improved runways. The Manager would like to have a jet fuel farm in the future.

4. The City has a Dial-a-Ride program for seniors and disabled riders.

Unfortunately there is a continual need for drivers, as there is an 80% turnover due to low wages. Meals-on-Wheels services about 75 seniors. Seventy-five to 90 seniors use the Senior Centers in the City.

5. The City offers adult and youth recreational programs and is seeing a greater

number of participants. One problem is the lack of coaches for sporting events. The City is using the option of paying for coaching services to entice more involvement.

6. The City plans to contract out a landscape program for a 17 to 20 acre park. A

new skateboard park was built and the golf course was renovated using grant monies. The course is a challenging, executive, nine-hole course and is well maintained.

7. The City has a recycling program using the “blue” cans and charges a fee to all

businesses and residences.

8. The Delano Historical Society is proud of the Delano Heritage Park. The Committee drove past the park. The park consists of many historical homes and businesses from earlier eras and is extremely well maintained. Graffiti is not a problem in the Park as it is in other areas of the City.

9. The City uses a “graffiti truck” equipped to paint over the writings and drawings

scattered around the City. New equipment has been ordered to deal more effectively in deleting graffiti.

10. The City employs 58 full-time workers on staff. All employees have attended

the required ethics training.

11. A code enforcement program has been in effect for two years resulting in 700 citations of private properties for nuisance clean-up.

12. General plans for the City are continuing and ongoing. All plans must meet the

1997 uniform building codes. The City gathers information to be able to implement future growth. The administration works to create plans that future generations will be able to continue.

13. New growth in population creates more demands for services. The City plans to

upgrade the west side of the Highway 99 infrastructure so the properties are market-ready hoping to attract new commercial and industrial businesses.

14. Employers receive state tax credit for every employee. It is the only tax

incentive with no strings attached for new business enterprises coming into the City.

15. At the present time, over $200,000 in sales tax from commercial and industrial

businesses goes to the county rather than to the City.

16. A market place with new enterprises is expected to open in December 2007 and will create 3,600 new jobs.

17. The City is looking toward updating businesses with new facades using a

consistent architectural theme to complement the appearance of downtown.

18. Between two and three thousand quality new homes have been built in the last three years.

19. There are two high schools and another is being built.

20. The City is now in the middle of a financial audit.

21. It is interesting to note that each department of the City writes applications for

grants and has done extremely well. Hiring a grant writer would not be cost- effective for the City.

COMMENTS: The Committee was very impressed with the way the City was prepared for the meeting. It was also impressive to see the number of talented people the City was able to hire from outside the area. RECOMMENDATIONS: None The City of Delano should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury NO RESPONSE REQUIRED

CITY OF MARICOPA

PURPOSE OF INQUIRY: The Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Maricopa (City), on September 19, 2006 pursuant to California Penal Code § 925(a). PROCESS: The Committee met with the City Administrator and the Police Chief. The Committee reviewed previous Grand Jury reports and newspaper articles relating to the City before the visit. BACKGROUND: Maricopa is a rural town at the junction of state routes 166 and 33. The famous “Lakeview Oil Gusher site” spewed oil for 18 months from 1910 to 1911 before being capped. The gusher helped Kern County become first in oil production in the state and the nation. Maricopa was given its name when a station on the Sunset Western Railroad was established there in 1903. At the time it was incorporated on July 5, 1911, the City was known as the “Mother City” of the prolific Midway-Sunset oil Fields. The City became known as the “Gateway to the Sea” as it is located on a direct route from the central valley to the ocean. FINDINGS: 1. The Committee met with the City Administrator and new Police Chief at the senior

center because City Hall was being refurbished. 2. The City Administrator has been in the position since March 2006. The City has a

population of 1,245. A five member city council serves four year terms and a new election will take place in November. All but one member has had the required Ethics training class. The City operates on an annual budget of $657,103 and expects to have a reserve of $16,000 at year’s end. An outside audit of the City has not been done in several years. A new treasurer will be in office soon and an audit has been scheduled.

3. There are few businesses that contribute to the general tax fund of the City, with the

two major contributors being a motel that has an occupancy tax, and a mini mart/gas station. A new quilting business recently opened in the City and will contribute to the fund. There are many run-down buildings in the downtown area, some of which are tied up in litigation, while others have absentee owners, making it difficult to do rehabilitation in the business district.

4. The City Administrator talked about ideas for future development for the City. The

Committee will do follow-up in future months. 5. The City had an agreement with the Bureau of Land Management to purchase 15

acres of land so the City could expand the waste water treatment plant. The mineral rights of the 15 acres are owned by an oil company. As the transaction was about to be completed, the oil company appeared with an attorney forcing a halt to the proceedings, stating there are plans to drill in the area. It has been forty years since oil has been produced from the 15 acres. The oil company appears to have no interest in the future progress of the City. The Administrator hopes it will not be necessary to exercise eminent domain to procure the needed property.

6. The City would like to have the famous “Lakeview Gusher” site annexed into the

City. The site has been designated as a State Historic Landmark #485 and currently is not being maintained. The gusher flowed uncapped and untamed for 18 months in 1910 and 1911 spewing as much as 90,000 barrels of oil a day. The City would like to make the site a tourist attraction.

7. The City now has a grant writer with plans for future redevelopment of the area.

The City could be eligible for planning and technical assistance if not obligated for two more years as part of a county consortium. An Economic Development grant of $35,000 could be immediately available once the County contract has ended.

8. The police department has only been in operation for three weeks. The staff

consists of the chief and four officers and has a budget of $273,000 a year. Vehicles were donated from another department. The department uses the Taft police department dispatcher to handle all incoming calls. The calls have involved arson, sexual assault, and domestic violence. The police force has booked more people for crimes in the past three weeks than has been done in the past three years by the Kern County Sheriffs Department. Traffic enforcement is a huge part of the duties. Officers have written about 50 citations since opening the department. State HWY 166 goes through town passing a marked school zone. Travelers tend to go 50 to 70 miles per hour through the area and seem to be oblivious to any warnings of the school zone. There are no signal lights or crosswalks. The school has kindergarten through grade 12 on one campus, with many of the children crossing the busy highway to and from school.

9. The City is without a code enforcement officer. 10. The City is studying the possibility of starting a fire department, perhaps one of a

volunteer status. There is a County Fire Station at present. The need for the study came about when the County announced an increase in the cost to the City for County services.

11. Water for the City is provided by West Kern Water District. All fire hydrants within the City are in need of repair. The City has no control over the needed repairs and the water district has done nothing to correct the problems.

COMMENTS: The City Administrator has a positive attitude and workable plans to see improvement to the City RECOMMENDATIONS: 1. The City should work to resolve the issue with the West Kern Water District

concerning the fire hydrants. 2. The City should ensure the scheduled audit of the City finances is completed as

soon as possible. 3. The City should hire a code enforcement officer to deal with the redevelopment of

the downtown area. 4. The City should contact the Kern County Local Agency Formation Commission to

look into annexing the “Lakeview Gusher” site into the City. 5. The City should look into the possibility that grants could be available to the City

through the Department of Agriculture, as grants have been available in the past to small cities.

The City of Maricopa should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, 6TH FLOOR BAKERSFIELD, CA 93301

City of Maricopa, California 400 California Street Maricopa, California 93252 (661) 769-8279

Bob Wilburn City Administrator

May 1, 2007 Honorable Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, 2nd Floor Bakersfield, Ca 93301 Honorable Judge; I apologize for the delay in the response to the Grand Jury’s findings and recommendations. I appreciate the opportunity to meet with your committee and to discuss the opportunities of local government to provide maximum service to the community. Please pass along my thanks to the committee for the dedication and diligence that they bring to our community I will address each recommendation that the committee provided in narrative manner and not repeat the recommendation verbatim.

1. The City of Maricopa has met with the management of the West Kern Water District and together we will continue to address the needs of our citizens to provide the adequate fire flow and number of hydrants in all future developments. We will be implementing a program of maintenance and replacement of inadequate fixtures.

2. We have solicited bids to perform the auditing of all city finances and financial

records and anticipate the completion of the audits by mid August.

3. A Code Enforcement Officer has been hired and the establishment of the Gusher Redevelopment Agency been approved.

4. The City of Maricopa is pursuing the possibility of annexation of land toward the east

to include the Lakeview Gusher Historic site. The City also wants to annex some of the “island and odd shaped areas” adjacent to the existing city limits.

5. The City of Maricopa is actively pursuing grants from USDA and other agencies to

enhance and improve our way of life in this "Gateway to the Sea". Thank you again, for the visit to our community and for your kind words and encouragement as we implement our vision of the future for Maricopa.

CITY OF MCFARLAND PURPOSE OF INQUIRY: On November 13, 2006 the Cities and Joint Powers Committee (Committee) visited the City of McFarland (City) to investigate all matters pertaining to the City. Section 925(a) of the California Penal Code states, “the Grand Jury may investigate and report on any incorporated city or joint powers located in the county.” PROCESS: Before the meeting the Committee drove through the City to get an idea of the homes, businesses, and street conditions. Previous reports listed projects to be done and the Committee wanted to note the changes, if any. The Committee was greeted at City Hall by the Mayor and City Manager and invited to the Manager’s office. The Committee was prepared with a list of questions. BACKGROUND: The City has been known as “the heartbeat of agriculture” having produced cotton, grapes, potatoes, and almonds. The Committee was told McFarland was a thriving city until the freeway came through the area in the late 1960’s. There is no easy access to the freeway from the City. FINDINGS:

1. The City has a staff of 13. The City Manager has been in office for four months, the Mayor has served since August 2006. Both feel the public and elected officials of the City are working well together. In the past there has been dissention between the two groups making it difficult to discuss plans for new developments in the City.

2. The City operates on a budget of approximately $350 million a year. A grant of

$160,000 was received this year for rubberized asphalt for city streets. A Community Development Block Grant is available for cosmetic street renovation; however, the City is having difficulty finding a contractor to carry out the plans within the budget allowed. Other monies available to the City are “a safe route to school” grant. The sidewalks and streets have been improved for the elementary school across from City Hall and the City Manager is applying for the same types of grants for other school areas. The City also received a grant for $100,000 that will provide bike lanes and curbs.

3. The Committee expected to see new homes or businesses on the east side of

Highway 99 and was disappointed by the massive area (500 acres) that is still

unimproved. Last year a Korean company offered to build a small factory on the property. As it turned out the company was hoping the City would provide the funds. After a joint meeting with the Chamber of Commerce, City Council, and others, the City assured the company there are no funds for the factory. The dairy that previously occupied the land has relocated to Texas.

4. Twelve acres of land were donated to the City last year and remain vacant. The

Mayor said it is because the company that donated the property has so many restrictions making it difficult for new development.

5. Many acres of grape vineyards were to be converted to alfalfa fields. Once that

was completed the City planned to increase the water treatment plant. When questioned about the plan, the City Manager said the grapes provide an income of $100,000 a year to the City. Grape vineyards have a life span of 15 years. The present vineyards have two more years of production so the City has no design for planting other farm products, contrary to what the 2005-2006 Committee was told during last year’s visit.

6. It is unfortunate that people living in the City must shop elsewhere for food and

clothing thus taking tax dollars to other communities. There are no major retail stores in the City.

7. The City is trying to gather funding for a master plan that was completed in

December of 2005 and, if carried out, would make the City self-sustaining. However, the first step to revitalizing the City is the need for a new freeway interchange. The City Manager feels any other proposed plans would be of no real benefit without adequate freeway access to and from the City.

8. There are no hospitals in the small community; the nearest one is in Delano which

is only a few miles north of McFarland. There are a few doctors’ offices in the City and one health clinic so residents do have access to medical care.

9. The City is in the third stage of a water treatment plant project. There are now

four working wells and a new well should be in operation by the spring of 2007. The sewer plant has been completed, providing service to 1,500 homes. Only fifty new homes have been built in the City in the last year.

10. There is a city-wide recycling program. The fees are included in the bill for trash

pick-up.

11. The Mayor did not know of any day care centers in the area but feels there should be a community center to serve both children and seniors. Once again the problem is lack of finances to build such a facility.

COMMENTS: The mayor spoke of a local Mexican candy factory that was thought to ship nationwide. The Committee made it a point to drive to the factory with an idea to purchase a sample for members of the Grand Jury. The store front was uninviting and appeared to be closed so there is no evidence if the claim is true. Perhaps another visit will prove otherwise. It appears that nothing has been done to upgrade existing businesses in the City. Store fronts are terribly run-down. The Committee was told that street lights are in the process of being upgraded. The Mayor and City Manager are working together to bring about ways to improve the community. The fact that both have been in office for such a short time would certainly account for the limited number of completed projects. An ad has just been penned to recruit a new planning director and should be in several papers immediately. Once a planner has been hired, one would expect to see many positive changes begin to take place in the City. RECOMMENDATIONS:

1. The City should continue efforts to hire a City Planner and utilize all available grants to improve the cosmetic condition of current businesses and main streets.

2. All available methods should be employed through Cal-Trans to have a new

freeway interchange brought to the City.

3. Code enforcement should be used to encourage business owners to take pride in the community and the appearance of the City.

The City of McFarland should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Reports and responses can be accessed through the Kern County Library System and the Kern County Grand Jury website: www. co.kern.ca.us/grandjury

RESPONSE REQUIRED WITHIN 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVE., 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVE., STE.610 BAKERSFIELD, CA. 93301

CITY OF McFARLAND

Incorporated July 18, 1957

February 2, 2007

Mayor: Kenneth Rosson Councilmembers: Mayor Pro-Tern Donnie Campbell Julie Rodarte Socorro Munoz Dennis Martin City Administrator: Gerald W. Forde City Clerk: Blanca Reyes-Garza Public Works Director: Rey De Leon Finance Officer: Sandra Dela Cruz

Presiding Judge Kern County Superior Court 1415 Truxtun Ave., 2nd Floor Bakersfield, CA 93301 Re: Response to Findings 1. The City has a staff of 13. The City Manager has been in office for four months,

the Mayor has served since August, 2006. Both feel the public and elected officials of the City are working well together. In the past there has been dissention between the two groups making it difficult to discuss plans for new developments in the City.

I agree with the findings

2. The City operates on a budget of approximately $350 million a year. A grant of

$160,000 was received this year for rubberized asphalt for city streets. A Community Development Block Grant is available for cosmetic street renovation; However, the City is having difficulty finding a contractor to carry out the plans within the budget allowed. Other monies available to the City are "a safe route to school" grant. The sidewalks and streets have been improved for the elementary school across from City Hall and the City Manager is applying for the small types of grants for other school areas. The City also received a grant for $100,000 that will provide bike lane and curbs. Response: Correction, the City's budget is $3.5million not $350 million. I agree with the balance of the findings

401 W. KERN AVE. MCFARLAND, CALIFORNIA 93250 PH: 661-792-3091 - FAX: 661-792-3093 - www.mcfarlandcity.org

3. The Committee expected to see new homes or businesses on the east side of Highway 99

and was disappointed by the massive area (500 acres) that is still unimproved. Last year a Korean company offered to build a small factory on the property. As it turned out the company was hoping the City would provide the funds. After a joint meeting with the Chamber of Commerce, City Council, and others, the City assured the company there are no funds for the factory. The dairy that previously occupied that land has relocated to Texas.

Response: I agree with the finding.

4. Twelve acres of land were donated to the City last year and remain vacant. The Mayor said it is because the company that donated the property has so many restrictions making it difficult for new development.

Response: I agree that restrictions make it difficult but staff will be working with Council to identify a use for the property and a way to implement approved development plans.

5. Many acres of grape vineyards were to be converted to alfalfa fields. Once that was completed the City planned to increase the water treatment plan. When questioned about the plan, the City Manager said the grapes provide an income of $100,000 a year to the City. Grape vineyards have a life span of 15 years. The present vineyards have two more years of production so the city has no design for planting other farm products, contrary to what the 2005-2006 Committee was told during last year's visit.

Response: Disagree, grapes have two more years and it is the interest of the City to continue to farm the site. The staff will be analyzing what types of crop to plant once the two years are up. The intent is to replant with a crop that will produce income equal to or more than what the grapes produce. We may very well maintain the grape operation by planting new vines when necessary.

6. It is unfortunate that people living in the City must shop elsewhere for food and clothing

thus taking tax dollars to other communities. There are no major retail stores in the City.


7. The City is trying to gather funding for a master plan that was completed in December of 2005 and, if carried out, would make the City self-sustaining. However, the first step to revitalizing the City is the need for a new freeway interchange. The City Manager feels any other proposed plans would be of no real benefit without adequate freeway access to and from the City.


8. There are no hospitals in the small community; the nearest one is in Delano which is only a few miles north of McFarland. There are a few doctors' offices in the City and one health clinic so residents do have access to medical care.


9. The City is in the third stage of a water treatment plan project. There are now four

working wells and a new well should be in operation by the spring of 2007. The sewer plant has been completed, providing service to 1,500 homes. Only fifty new homes have been built in the City in the last year.


10. There is a city-wide recycling program. The fees are included in the bill for trash pick- up.

Response: Disagree, the recycling bill is included in the resident’s water bill.

11. The Mayor did not know of any day care centers in the area but feels there should be a

community center to serve both children and seniors. Once again the problem is lack of finances to build such a facility.


RECOMMENDATIONS:

1. The-City should continue efforts to hire a City Planner and utilize all available grants

to improve the cosmetic condition of current businesses and main streets.

Response: The City is still recruiting. This is a difficult position to fill most planners are working for the developers in the private sector where they can earn more. We have ads in the Jobs Available and APA-California Chapter. The City anticipates hiring a Planner by the end of January, 2007.

2. Staff and council are lobbying the State and Kern Council of Governments to access State and Federal funds. The City additionally has adopted a Traffic Impact Fee that will be paid by the developers and be used to fund a portion of the cost to construct the needed traffic improvement projects highlighted in the Traffic Master Plan.

3. Code enforcement should be used to encourage business owners to take pride in the community and the appearance of the City.

Response: Currently Code Enforcement Officers encourage owners to maintain their properties and the City will be developing a Development Plan for the City's care down town.

CITY OF RIDGECREST

PURPOSE OF INQUIRY: On January 25, 2007, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Ridgecrest (City) in accordance with California Penal Code § 925(a). PROCESS: The Committee met with the City Manager and Assistant City Manager/Police Chief. The Committee reviewed City Council agendas and minutes, the past three Kern County Grand Jury reports and responses, and various media publications relating to the City. BACKGROUND: Ridgecrest was incorporated in 1963 and is located in the Indian Wells Valley, which is in the far north east corner of Kern County. The City was formerly known as Crumville, with the name change coming when China Lake Weapons Center moved in next to the community in the 1950s. FINDINGS:

1. The Committee was informed that the Police Chief was given an additional duty

as the Assistant City Manager. The City Manager intends to retire in July; at that time the Police Chief will retire from the position of Police Chief and assume the position of City Manager.

2. The Police Department previously had two K9 units that had been brought into service at the same time. Both dogs had to retire at the same time. Currently the department has only one dog in service, and will wait until the second anniversary of this dog to bring another into service. They hope that this will result in always having at least one K9 unit in service.

3. The Police Department is comprised of “mostly home grown officers”.

4. A Community Block Grant of $50,000 was awarded to the Boys and Girls Club for a modular building located at Los Flores Elementary School. Because of future growth in the program, they will need a permanent building of their own.

5. New hotels are in the planning stages to be located in the business park area. Chain hotels considering expanding to the area are Marriott and Hilton. The business park is presently 70 percent sold. With additional businesses coming in

and expansion of current businesses, the City hopes to reduce the estimated 25 percent tax leakage now lost to other surrounding communities.

6. Wal Mart is planning to expand to a Super Wal Mart in the near future.

7. Currently it is estimated that for those who retire from jobs in the area, 80 percent choose to stay in the community.

8. A new high school is in the planning stages, with the possibility of being built on land around the community college.

9. The water district is providing adequate service to the community and is able to support the currently planned new developments.

10. The waste water treatment plant recently underwent remodeling and will be of sufficient capacity to meet the needs of both the City and the military base for another 10 years. The plant is located on the base and a new facility that will be located on the other side of the City is in the planning stages to accommodate future growth.

11. The City is currently in compliance with mandated landfill and recycling requirements due to the amount of recycling done by the military base.

12. There is an ongoing need for a Teen Court. Those affected have to travel to Bakersfield if they wish to participate in a Teen Court program.

RECOMMENDATIONS: The City should look into forming a committee and inviting California City to join the effort, as they are having the same problem of reinstating a Teen Court. The Cities and Joint Powers Committee suggests that the City contact the Director of the Kern County Teen Court at (661) 868-4453 for help in setting up a Teen Court in the East Kern area. A tremendous source of information can be found at www.youthcourt.net. The City of Ridgecrest should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

RESPONSE REQUIRED WITHIN 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

CITY OF RIDGECREST 100 West California Avenue Ridgecrest, California 93555

FON: 760•499•5001 FAX: 760•499•1500

March 14, 2007

Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 The Honorable Presiding Judge: In keeping with Penal Code 933.05 (a) and (b), this is to inform you that the most recent Grand Jury Final Report concerning the City of Ridgecrest was received on March 13, 2007, and is anticipated to be released to the public on March 15, 2007. We are in agreement with the findings of the Kern County Grand Jury. Copies of this report will be posted where it will be available for public review. In addition, a copy of this report will be added to the City’s website; http://ci.ridgecrest.ca.us/ . The Grand Jury’s suggestion that the City join with California City and seek information from the Director of the Kern County Teen Court regarding the reinstatement of Teen Courts in East Kern will be passed to the appropriate individuals. I must point out, however, that the problem is one of funding, and can only succeed if city, county, and school district budgets can be made to allow for the expenditure.

Please feel free to contact me should you have any questions. Thank you for your time and attention.

Cordially,

Harvey M. Rose City Manager

[email protected]

CC: Foreman, Kern County Grand Jury, 1415 Truxtun Avenue, Suite 600, Bakersfield, CA 93301; Mayor and Members, Ridgecrest City Council; Ridgecrest City Clerk; Ridgecrest City Attorney; Ridgecrest Chief of Police/Assistant City Manager

CITY OF SHAFTER

PURPOSE OF INQUIRY: The Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Shafter (City) on November 13, 2006 pursuant to the provisions of Section 925(a) of the California Penal Code. PROCESS: The Committee met with the City Manager. To prepare for the interview, the Committee reviewed City Council agendas, minutes of City Council meetings, and past Kern County Grand Jury Final Reports and Responses regarding the City. BACKGROUND: The City was incorporated in 1938, and in 1995 became a Charter City with a City Council/City Manager form of municipal government. The citizens voted for the City Charter, therefore, any changes to the Charter must go back before the citizens for a vote. The City Manager pointed out that although there are many differences between a General Law City and Charter City types of government, the main difference is that a Charter City has more control over assessments and taxation. The City of Bakersfield is the only other city in Kern County that is a Charter City. FINDINGS: 1. The Grand Jury report of 2005-2006 recommended additional office space for the

police department. The City has addressed the recommendation and completion of additional space should be finished soon.

2. The City and police department have a good working relationship. The police

department has an effective training program and the wages compare to the county average.

3. The Intergovernmental Council, comprised of City Council members, City Manager,

and other department directors, meets twice a year to conduct business. All City employees have a good working knowledge of their jobs. Those who are required to complete the State-mandated AB 1234 Ethics training have done so.

4. The City Manager has been in the position for nine years and is familiar with past and

current changes in the City. 5. The Kern County Fire Department provides service to the City and the surrounding

area. The City is satisfied with this arrangement.

6. The City has a disaster plan which is reviewed semi-annually. 7. The City and the Shafter Community Development Agency (SCDA) monitor

expenditures and revenues of the Charter City investment program annually. By effective management of the City budget and investment program, the City has become a self-sufficient community.

8. The policy of the City and the SCDA investment program is to invest idle public

funds to provide the highest investment return with maximum security. The goal is to enhance the economic status of the City.

9. Housing within the City encompasses all income levels. There will soon be an

additional 10,000 to 12,000 new homes in the 7th Standard corridor. 10. During the last three years the City has created 5,000 jobs from new businesses

within the community. 11. Grant writing is being accomplished departmentally, saving the cost of hiring a grant

writer. 12. In October 2004, the City and Northwest Container Services Inc. entered into a

partnership with the Port of Oakland that will create a dedicated rail logistics service to handle cargo moving between the Port’s container terminals and points throughout Central and Southern California. The partnership will improve the movement of goods in California, take trucks off the highway, and will help in the competitive world market. The City has completed the rail phase of this partnership and at the present time is working on the industrial phase.

13. The City owns, operates, and maintains its own water system and provides water to

the outlying areas. Oildale Mutual Water Company will provide service to the 7th Standard corridor area. The City has a Joint Powers Agreement with the North of the River Sanitary District for the construction (recently completed) and operation of a regional wastewater treatment plant.

COMMENTS: The City has a Community Chest, a nonprofit organization that provides a safety net to help the families in the community with basic medical needs including medical bills and transportation to distant medical facilities. The Committee appreciated the time the City took in preparing for our visit by having the following reports: Grand Jury Information 2006, Shafter Police Department, The Shafter Advantage, and Telecommunications Master Plan.

The City’s future plans for the community are to deploy a high-speed fiber optic network to serve the City’s anticipated internal networking needs and sell limited access transport services on a wholesale basis. Strengths of the City are affordable rent, low property taxes, and racial diversity. RECOMMENDATIONS: The City should clarify issues and relationships concerning their planned water sources to ensure the continuation of the housing development plans for the 7th Standard corridor. The City of Shafter should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 610

BAKERSFIELD, CA 93301

336 Pacific Avenue • Shafter, California 93263 February 21, 2007 Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, 2nd Floor Bakersfield, CA 9939; Response to Grand Jury Recommendations: This letter is in response to the recommendation that the City should clarify issues and relationships concerning their planned water sources to ensure the continuation of the housing development plans for the 7th Standard corridor included in their December 21, 2006 letter. The City of Shafter has identified the Oildale Mutual Water Company as the water purveyor for the Southeast Shafter Service Area which is the 7th Standard corridor area referenced above. Several actions are currently underway to assure a water supply for the area. Consistent with SB 610 and SB 221, Oildale Mutual Water Company submitted to the City of Shafter a Water Supply Assessment (WSA) and Water Supply Verification (WSV) for the area on February 6, 2007. Copies of these documents are included herein for your reference. The WSA identifies all potential water sources for the area whereas the WSV identifies the actual water supplies that will be used. Additionally, the City of Bakersfield and North Kern Water Storage District disagree about the permitted uses of certain Kern River Water that is brought into the North Kern District. This water is typically referred to as the "52 Agreement" water. Both North Kern and Bakersfield have expressed a willingness to settle their differences regarding this water and the City of Shafter is encouraging them to do so.

Presiding Judge Kern County Superior Court February 21, 2007 Page 2 Shafter is committed to the Oildale Mutual Water Company Water Verification anticipates defending it in the courts if necessary. Should you have additional questions or comments please contact me at (661)746-6365. Sincerely,

CITY OF TAFT

PURPOSE OF INQUIRY:

On September 21, 2006, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited the City of Taft (City) in accordance with California Penal Code § 925(a). PROCESS: The Committee met with the City Finance Director, City Clerk, Public Works Director, Acting Fire Chief, and a representative from the Police Department. The Committee reviewed City Council agendas and minutes, the past three Kern County Grand Jury reports and responses, and various media publications relating to the City of Taft. BACKGROUND: Taft is situated in a major oil region on the west side of Kern County and has the largest producing oil field located in the contiguous United States. The region also produces nearly half the oil produced in California. Taft was incorporated in 1910 and named after the 27th President of the United States, William H. Taft. FINDINGS: 1. At the time of the meeting the City was in the process of searching for a new City

Manager and a Planning Director. 2. The City fire department’s training program is comprehensive yet the pay scale is

low. It is difficult to retain the trained firemen because other fire agencies are able to offer higher salaries. The communication system of the department needs upgrading to provide better communication with the county fire department. The building the fire department is currently using needs upgrading or replacement. The department response time is two minutes within the City’s five mile radius.

3. The City disaster plan has not been updated since 1992. 4. The City police department has a similar retention problem as the fire department.

The department is active within the City providing interaction between the community and law enforcement.

5. A study made by the City police chief found there is a need for improvement to

Hwy. 119 from Taft to Hwy. 99 due to heavy traffic and many accidents.

6. The City has a Revolving-Loan Program established in 1995 to provide aid in financing new and existing businesses within the City. Only a few businesses have taken advantage of the program.

7. A First-Time Homebuyer Mortgage Assistance program provides financial

assistance to eligible homebuyers. It appears to the Committee that not all eligible residents are aware of the program.

8. The City contracted with the Rural Health Design Network to put together the

COMMUNITY BASED HEALTH PLANNING COMMUNITY ADVISORY COMMITTEE REPORT 2006. The report is a comprehensive study of ways to improve the healthcare within the community.

9. A short time after the visit, the Committee received a copy of a letter which had

the County Seal at the top and signed by the Mayor, endorsing a candidate in the primary election in June 2006. The envelope had the Taft City Seal on it. While researching the minutes of past City Council meetings, it was noted that the Mayor mentioned such a letter in the June 6, 2006 council meeting, stating the decision to use the seals had been made by a committee without his knowledge.

10. The United States Flag flown outside city hall is in poor condition. COMMENTS: Members present at the meeting showed pride in the City and a positive attitude. RECOMMENDATIONS: 1. The City should investigate why and how a political committee was able to send a

letter endorsing a political candidate using the County and City Seals without the Mayor’s knowledge but with his signature.

2. The City should look into offering contracts to new firemen and policemen that would guarantee a commitment to stay at least three years or more beyond the training period.

3. The City should put together a plan to educate the community about the healthcare Community Advisory Committee Report that was recently completed.

4. The Committee recommends the City obtain a new flag for city hall. The City of Taft should post a copy of this report where it will be available for public review.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 610 BAKERSFIELD, CA 93301

November 27, 2006 Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 Subject: Response to Grand Jury Report Dear Sir: Enclosed is the City oft Taft Response to the Grand Jury Report issued by the Cities and Joint Powers Committee of the 2006-07 Kern County Grand Jury. If you have any questions, please do not hesitate to call me at (661) 763-1222 ext. 11. Sincerely,

Robert T. Gorson, Jr City Manager c: Foreman, Kern County Grand Jury

ADMINISTRATION 661/763-1222 ∙ PUBLIC WORKS/PLANNING 661/763-3144 ∙ FINANCE 661/763-1350 209 E. KERN STREET ∙ TAFT, CALIFORNIA 93268

CITY OF TAFT RESPONSE TO GRAND JURY RECOMMENDATIONS

2006-2007 1. The City should investigate why and how a political committee was able to send a letter

endorsing a political candidate using the County and City Seals without the Mayor's knowledge but with his signature.

City Response The City completed an investigation regarding use of the City Seal, and documents were provided to the Grand Jury. It was determined a mistake was made at the printer. The City Council adopted a policy entitled Use of City Seal on June 20, 2006.

2. The City should1ook into offering contracts to new firemen and policemen that would

guarantee a commitment to stay at least three years or more beyond the training period.

City Response

City staff is exploring ways to make employment opportunities more attractive and thereby attract and retain employees

3. The City should put together a plan to educate the community about the healthcare

Community Advisory Committee Report that was recently completed.

City Response

The City of Taft will continue to advise the community about improving healthcare. Staff is proposing holding workshops throughout the community on a bi-monthly basis. The first workshop is anticipated to be in January at City Hall. Staff will encourage local newspapers to publicize the events.

4. The Committee recommends the City obtain a new flag for city hall

City Response

The flag at City Hall has been replaced.

CITY OF TAFT

PURPOSE OF INQUIRY:

On November 27, 2006, the Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury received a response to the recommendations made in the City of Taft (City) Grand Jury report released on November 9, 2006 in accordance with California Penal Code § 933.05(1). PROCESS: The Committee reviewed a news article in the November 17, 2006 Taft Midway Driller, letter from a printing company dated June 10, 2006, notes from a telephone conversation with the Mayor on November 16, 2006, the response letter, and minutes of the City Council Meeting of November 21, 2006. FINDINGS:

1. The former Mayor/current City Council Member has consistently denied any wrongdoing on his part concerning the use of the City Seal on an endorsement letter. He stated that it was not illegal to use the City Seal at the time the letter went out and that a mistake had been made by the printer.

2. The letter from the printer does state that a mistake was made in the use of the

County Seal on the envelope of the mail-out; however, it does not absolve anyone of wrongdoing in the use of the City Seal. The letter states, “We had been instructed by the consultant to pull the City of Taft logo from the web site and modify it for the letter.” Of note, a copy of this letter was faxed to the Grand Jury by the former Mayor.

3. In the conversation with the former Mayor on November 16, 2006, he made

the point on several occasions in the conversation that the use of the City Seal was not illegal at the time of the letter mail-out. He stated that the use of the seal has since been addressed in a City Council meeting on June 20, 2006. The former Mayor also stated that the letter was released with his signature but without his knowledge when the company doing the printing asked him for his signature and stated that he should sign a blank piece of paper and fax it to them. He complied with the request.

4. In the Taft City Council Minutes of November 21, 2006, under Council

Statements, the former Mayor reported that he had “met” with the Kern County Grand Jury and that the issue of the inappropriate use of the City Seal had been resolved. In fact, no meeting with the former Mayor has taken place nor has the issue of the inappropriate use of the City Seal been resolved.

RECOMMENDATIONS: 1. The City should have the former Mayor revise his comment in the City Council

Minutes of November 21, 2006. He stated that he had “met” with the Kern County Grand Jury and that the issue of the inappropriate use of the City Seal had been resolved.

2. The City Council should familiarize themselves with the California Elections

Code Section 18304 (a), (b) and (c), as this pertains to the use of government seals for campaign mail-outs.

18304. (a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the county or the seal of a local government agency in any campaign literature or mass mailing, as defined in Section 82041.5 of the Government Code, with intent to deceive the voters, is guilty of a misdemeanor. (b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive. (c) For purposes of this section, the term “local government agency” means a school district, special or other district, or any other board, commission, or agency of local jurisdiction.

The City of Taft should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 600 BAKERSFIELD, CA 93301

January 11, 2007 Presiding Judge Kern County Superior Court 1415 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 Subject: Response to Grand Jury Report Dear Sir: Enclosed is the City of Taft Response to the Grand Jury Final Report dated January 9, 2007, issued by the Cities and Joint Powers Committee of the 2006-07 Kern County Grand Jury. If you have any questions, please do not hesitate to call me at (661) 763-1222 ext. 11.

ADMINISTRATION 661/763-1222 ∙ PUBLIC WORKS/PLANNING 661/763-3144∙FINANCE 661/763-1350 209 E. KERN STREET. TAFT, CALIFORNIA 93268

CITY OF TAFT RESPONSE TO GRAND JURY RECOMMENDATIONS

2006-2007 1. The City should have the former Mayor revise his comment in the City Council Minutes

of November 21, 2006. He stated that he had “met" with the Kern County Grand Jury and that the issue of the inappropriate use of the City Seal had been resolved. City Response As I explained in my telephone conversation with Chairperson Lawrence Walker on January 10, 2007, at approximately 3:00 P.M., our City Clerk listened to the tape of the November 21, 2006, City Council Minutes and the tape reflected that Mayor Thompson did not state that he had "met" with the Kern County Grand Jury. Rather, he stated that he had contacted a member of the Grand Jury, explained to him how the letter came to be printed with the County Seal and that he hoped that they pull it from their report.

2. The City Council should familiarize themselves with the Ca1ifornia Elections Code

Section 18304 (a), (b) and (c), as this pertains to the use of government seals for campaign mail-outs.

City Response The City Council completed its investigation regarding the use of the City Seal. We provided a City response to the Grand Jury recommendations, and documents were provided to the Grand Jury on November 27, 2006. The City of Taft considers this matter to be closed.

CITY OF TEHACHAPI PURPOSE OF INQUIRY: On January 30, 2007, the Cities and Joint Powers Committee (Committee) visited the City of Tehachapi (City) to conduct interviews and investigate matters pertaining to the City pursuant to Section 925(a) of the California Penal Code. PROCESS: The Committee arrived at City Hall and was introduced to all members of the City staff. A comprehensive printed report for a five year budget was presented to the Committee by the Finance Director. The Mission Statement from the material is worthy of reprinting: “In an effort to build the premier community in which to live and do business, the City employees and the City Council will commit to work in concert with our citizens to maintain the highest professional and ethical standards possible; maintain quality in all areas of our performance; and continually raise the standards throughout our community, all in the goal of increasing the quality of life for our citizens.” BACKGROUND: The City was known as “Old Town” in the early 1800’s when miners searched for gold. Then in 1876 the Southern Pacific Railroad Company completed tracks over the mountains and the area was renamed Tehachapi. The tracks made a way for trains to run from San Joaquin Valley, through the mountains, and into the Los Angeles area. Tourists are especially interested in the world famous “Tehachapi Loop”, an engineering design like no other which allows the engine to actually cross over the rest of the train at a higher level. Today Tehachapi is a well kept, modern City, also known as the “Land of Four Seasons.” The Tehachapi Pass Wind Farms are one of the largest producers of wind energy in the United States. FINDINGS: 1. The 4,500 inmates of California Correctional Institution, Tehachapi, are counted in

the City’s population of 12,000. 2. Growth is the keyword. Management has learned to “think outside the box” to

determine if the City is ready for new retail businesses. A new Home Depot recently opened and provides a great amount of sales tax to the City. The City is also looking

forward to a Super Wal-Mart, soon to be built. A group was selected to study the effect large chain stores will have on small established businesses that have been in the community for many years. The study revealed there wouldn’t be a negative impact. Another volunteer group works with small businesses to implement plans for competing with large chain stores. The City wants residents to know “you can buy it here” and not have to drive to Bakersfield or another community thus keeping dollars local. It should be noted that all new businesses will be required to have a high level of architectural design.

3. Unfortunately, 55% of the adult population living in the City commutes to

Bakersfield or Antelope Valley for employment. The City is trying to bring new employers, yet has a high expectancy for types of industry and retail business. The message is: “We are special and if you are the right kind of business we will welcome you.”

4. Bids coming in to build a new park were so high the City decided to create their own

construction company and have done well thus saving thousands of dollars. 5. A grant of $565,000 is being used to build a bike path in the City. 6. The most recently completed project is a $4 million revitalization of the downtown

area. 7. In the past, council meetings have been volatile but members now seem to have a

strong relationship and are able to work through disagreements. 8. The Tehachapi City Fire Department has a contract with the Kern County Fire

Department for responding to outlying areas of the City and is hiring a consultant to search for better ways for the two departments to work together. The City purchased a home and the adjacent land for relocation of the City Fire Department as a temporary shelter and has applied for numerous grants totaling one and a half to two million dollars to further expand the Department. Of particular interest is a 35 foot, three axle trailer that is used for presentations at schools and for senior citizens. This vehicle is used to demonstrate how to handle emergencies, such as earthquakes and fires. The inside is furnished as a home and can duplicate such emergencies.

9. The Kern County Sheriff’s Department operates a sub-station in the City. A new City

Police Department will officially open on July 1, 2007, at which time the Sheriff Deputies will be transferred to Bakersfield. The new Police Department will employ two sergeants, eight officers, one records clerk, and one secretary. The new Police Chief comes with years of experience and is eager to implement new programs. The Chief is anxious to meet with civic leaders, get acquainted with residents, and to become a familiar sight in the City. School zones and children’s safety will be a priority for the Department. The Chief suggested the possible use of a “valet” program that has been effective in other cities to help relieve traffic congestion for parents dropping off students. Older students would be used to help children exit

vehicles safely and in a timely manner thus keeping traffic flowing smoothly. The City is also looking for grant monies to install a traffic light near the school.

10. The Tehachapi airport covers 230 acres, 100 of which are undeveloped. Grants have

been used to improve airport security, the runway, and a 500 foot ramp. Private hangars provide the outward boundary for the airport. A concept that would bring new industry to the airport is an aviation sky park. The year 2025 non-commercial master plan is to have a “fly-in community” where homes would have hangars in the back yards. Standards are very strict for all airport improvements. The plan is possible, yet requires many years of planning.

11. The old railroad depot is owned by the City and volunteers are working to restore it.

The building has been completed except for the roof which is soon to be installed. The project, when finished, will add to the history of the City.

12. The City has a disaster preparedness exercise every year but is in need of space for an

Emergency Operations Center. The National Incident Management System is in place. This program allows responders from different jurisdictions to work together to better respond to natural disasters and/or other emergencies.

13. When asked about the strengths of the City, there was no hesitation from the City

Manager in answering, “I have an awesome staff, and the location of the City is a big part of the picture.” Tehachapi is close to things that are needed and far enough from undesirable things such as traffic congestion. If there is a weakness it would be the lack of citizen involvement. The Manager would like to have more input from those living in the City.

14. The immediate need for the City is a new building to house City Hall. Following the

Manager to the conference room, the Committee could verify the present location has definitely been outgrown. The Committee was told the art work displayed on the walls of the offices and hallways was done by local citizens. Many talented people have contributed to the décor.

COMMENTS: The Committee enjoyed learning about the City of Tehachapi. Every member of management was knowledgeable and informative regarding their respective positions in the City. The Committee drove some of the streets to become more familiar with the surroundings and was pleased with the quietness, cleanliness, and scenery. It quickly became apparent why people are moving to the area.

RECOMMENDATIONS: None The City of Tehachapi should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www. co.kern.ca.us/grandjury NO RESPONSE REQUIRED

WASCO RECREATION AND PARK DISTRICT PURPOSE OF INQUIRY: On March 20, 2007, the Cities and Joint Powers Committee (Committee) visited the Wasco Recreation and Park District (District) to investigate matters pertaining to the District pursuant to Section 933.5 of the California Penal Code. PROCESS: The Committee reviewed past Grand Jury reports and conducted research on the District before the interview. The Committee interviewed the Park District Director and the Director of Operations. BACKGROUND: The District was established as Wasco Public Recreation District by Board of Supervisors Resolution of January 29, 1948. The District was reorganized as Wasco Recreation and Park District by Board of Supervisors Resolution of January 26, 1960, pursuant to Section 5780, of the Public Resources Code. FINDINGS: 1. The mission of the District is to provide recreational activities as outlined in Public

Resources Code section 5780.1(g). 2. The Director has been employed by the District for five years and has been the

Director for two years. 3. The District has four fulltime employees and one part time employee. 4. The District provides little in the way of programs for seniors. During the past year

the District hosted two trips. Seniors have shown little interest in programs that the District has tried to provide in the past.

5. County Work Release personnel are used to help maintain the District’s grounds and

facilities. 6. The District has not developed statistics on the percentage of the use of their

facilities. 7. Funding for the District comes from special assessments on property taxes and is

currently being subsidized by an agreement with the City of Wasco, in the sum of

$5,261.90 per month. This agreement is scheduled to be reviewed in June 2007. It is not clear to the Committee why the City needs to pay this sum to the District.

8. The District is looking into starting an after school program. 9. When the District is in need of a grant writer they pay for the services of the City of

Wasco grant writer. 10. During the visit by the 2002-2003 Kern County Grand Jury it was noted that many of

the District’s administrative, maintenance, professional, clerical, and personnel services were available through the city staff. The elimination of duplication of services could redirect staff time and money toward recreation programs.

11. The 2002-2003 Kern County Grand Jury recommended that the District should work

closely with the Local Agency Formation Commission and the City of Wasco to explore the possibility of dissolving and becoming a department of the City. The Director, who is also the Mayor of Wasco, stated that he agreed with the District’s response to the Grand Jury that the District and the City found no advantages to dissolving and becoming a department of the City.

12. During the discussion with the Director concerning the previous finding, the

Committee asked that if he held only the position of Mayor and was not employed by the Park District would his answer concerning the dissolution of the District be the same. He stated it would not.

13. The expiration dates of the three members serving on the board that have been

appointed by the City are not following the guidelines of four-year staggered terms. Those listed on the District page of the Kern County website all have expiration dates of November 30, 2009.

14. Through guidance from the office of Kern County Counsel, it was determined that

under the provisions of Government Code Section 1099 (copy attached) and existing common law doctrine regarding incompatible offices, the District Manager of the Park and Recreation District may not also serve as the Mayor of Wasco. Serving in both positions is a conflict of interest. According to the County Counsel, “This doctrine prevents a person from lawfully holding simultaneously two public offices which are incompatible.” If such a conflict exists, the law provides that the first office is deemed vacated upon the accession to the second office.

RECOMMENDATIONS: 1. The District should work closely with senior organizations in order to come up with

programs that would be of interest to the senior citizens of the District. 2. The District should attempt to compile statistics on the usage of their facilities in

order to have a better understanding of the desires of the citizens of the District.

3. The expiration dates of the board members should be adjusted to comply with the

requirement of the Government Code of having staggered expiration dates. 4. The District should at this time seriously consider the advantages of becoming a part

of the City. 5. Given the serious consequences of a violation of Government Code 1099, the City

should obtain an opinion from the California Attorney General to determine whether the Mayor has violated Section 1099.

The Wasco Recreation and Park District should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Reports and responses can be accessed through the Kern County Library System and the Kern County Grand Jury website: www. co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 600 BAKERSFIELD, CA 93301

CITY OF WASCO PURPOSE OF INQUIRY: On January 18, 2007, the Cities and Joint Powers Committee (Committee) visited the City of Wasco (City) to investigate matters pertaining to the City pursuant to Section 925(a) of the California Penal Code. PROCESS: The Committee reviewed past Grand Jury reports and did research on the City before the interview. When the Committee arrived, we were greeted by many prominent City Officials. In fact, it was almost overwhelming as we entered the meeting room and were introduced to many individuals, each extending a warm welcome. BACKGROUND: The name “Wasco” came from a tribe of Indians in Oregon where founder William N. Bonham was a former resident of Wasco County, Oregon. The community was previously known as Deweyville. FINDINGS:

1. The City has a population of approximately 25,000 which is double what it was in 1990.

2. The City has 76 employees.

3. The Kern County Sheriff’s Department has a contract with the City and has 22

deputies assigned to the substation in Wasco. The Department is presently expanding the substation. The expansion will be funded by new growth in the City. New developers will pay a parcel tax that ensures safety by funding one officer per 1,000 citizens.

4. One of the first topics discussed was the Transportation Transfer Station. The City

Project manager is to be commended for bringing it to completion. The station is staffed by an employee from the Chamber of Commerce rather than an Amtrak employee. A grant of $70,725 has been received to add 35 additional parking spaces. Amtrak has donated $40,000 for a beautification project that will be completed by summer of 2007. The Committee visited the site and was impressed by the station.

5. The Planning Department has three employees who also staff the Building Department and Code Enforcement Department. Because of growth in the City, there is a need for two more professional planners.

6. The Economic Development Director is attempting to create new jobs for the

City. A new clothing store has opened and some existing businesses are expanding. There is a possibility of new hotels coming to the City, and new retail businesses may be opening on Highway 46. A new Industrial Park will soon be a reality and the downtown area is being rejuvenated. Soon to be completed is an 81 unit, three story, senior housing project. The City has also received a $1,000,000 grant toward attracting private enterprise.

7. The part time position for a grant writer will be increased to full time.

8. The Public Works Department would be the first responder in case of an

emergency in the City. The management team has been trained in case of a terror attack or natural disasters. The City is confident they are prepared and can remain functional during such times.

9. There is ongoing street maintenance. City management understands commuters

judge the City by the condition of the streets and desires to make a good impression.

10. The City’s enhanced web-site is a source of great pride. It is accessible to all

citizens making it possible for them to ask questions and receive answers about the City on the web. They may also apply for open positions, download forms, and keep updated on activities related to the City.

11. The City’s financial report describes functions of every department of the City

and has received an award of excellence for the report.

12. There is a strong infrastructure that is constantly being revised to accommodate growth. Sites have been purchased for a new high school and an elementary school. There is a lot of new housing construction in the area west of town.

13. The City Council has given a high priority to code compliance. General funds are

provided for demolition of buildings that do not meet the City’s codes.

14. The City operates on a yearly budget of $25,000,000 and maintains a surplus of 20 percent.

15. Last year’s report was concerned with the need for a traffic signal at Highway 46

and Griffith Street to accommodate children crossing for school. The light poles had to be ordered from Michigan and when they arrive the project should be completed by the end of the 2007 school year. The whole process from concept

to completion took five years because the plan had to be approved by the California Transportation Authority (Cal-Trans) in Sacramento.

16. County Fire Department Station 31 is an out-of-pocket expense for the City and

uses 100 percent of the fire fund which is $256,000. A City Fire Department cannot be opened for less than is being paid to the County. The future $1.4 million industrial park may demand another station which will be considered when the need arises.

17. There is a City ordinance against people going through trash bins looking for

recyclable items and, if reported, a person may be cited if the individual is found. The concern is for identity theft. The City does have a recycling program.

COMMENTS: The Committee was impressed with the City of Wasco. One need only drive through the City to observe the cleanliness and pride shown by business owners and private homes. It seems if a problem should arise in any area, the City Management is certainly capable and willing to correct it. There seems to be agreement as to the purposes and plans for the future of the City. RECOMMENDATIONS: None The City of Wasco should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Reports and responses can be accessed through the Kern County Library System and the Kern County Grand Jury website: www. co.kern.ca.us/grandjury NO RESPONSE REQUIRED

CITY OF WASCO PERCEIVED

BROWN ACT VIOLATION PURPOSE OF INQUIRY: On January 30, 2007, the Cities and Joint Powers Committee (Committee) received a citizen’s complaint requesting that the Grand Jury investigate a possible Brown Act violation that occurred prior to and during the City Council special meeting on January 24, 2007. Pursuant to Section 925(a) of the California Penal Code, an investigation was initiated. PROCESS: An investigation was conducted over the period of January 31 through April 26, 2007. Members of the City Council including the Mayor were interviewed individually. The City Manager and the former Finance Director were also interviewed. FINDINGS: 1. An Ad Hoc Strategic Planning Committee composed of two Council members was

appointed by the Mayor during the City Council meeting of January 2, 2007. 2. During the City Council meeting of January 16, 2007, the Strategic Planning

Committee reported, “…the committee has met and has defined the challenges ahead of the city.” The committee stated that the formation of a Strategic Planning Committee is a good tool for the city. The committee stated the urgent need for the Strategic Planning Process and that it should commence immediately and not be delayed by the pending appointment of a new City Manager.

3. On January 23, 2007, a meeting agenda was posted for a special meeting to be held at

4:30 p.m. on January 24, 2007, to consider the appointment of an assistant City Manager and to fire the City Attorney and hire a new law firm. The firing of the City Attorney and hiring of a new law firm was recommended by the Strategic Planning Committee, and was presented to the Mayor sometime on or before January 23.

4. After the posting of the agenda, two council members who had no knowledge of the

proposed items on the agenda tried to obtain information from the Mayor but were unsuccessful in their efforts.

5. Prior to the meeting on January 24, the Mayor instructed the City Manager to call the City Attorney and inform him that he would not need to attend the meeting. The following is a statement from the City Manager (verbatim transcript of a recording at the meeting): “At your direction Mr. Mayor, I did talk to Mr. Peake [City Attorney] yesterday and this afternoon, and he certainly respects the council’s decision.”

6. At the meeting on January 24, neither the Strategic Planning Committee nor the

Mayor had supporting documents for the members of the City Council to review prior to a vote.

7. Two members of the City Council on several occasions during the meeting tried to

have the vote on the subject matter before the Council tabled until the next meeting, so they could study any available documents in order to make an informed decision. The following is a verbatim comment by the Mayor from a recorded transcript, “I want to do it today. I really want to do it today. That’s why I said, ‘I’ll take the heat.’ The committee came to me and asked, ‘Hey, can we move this up?’ and I said, ‘Sure why not, if it’s something that needs to be done, let’s do it.’ And that’s part of the Mayor’s decision.” (emphasis added)

8. During sworn testimony before the Grand Jury, both members of the Strategic

Planning Committee denied ever discussing their decisions with the Mayor. 9. During testimony by the Mayor, he admitted that at least one if not both members of

the Strategic Planning Committee had met with him to discuss the committee’s recommendations. He stressed that he had never met with them both at the same time.

10. During the interviews with the City Council members, one of them displayed a great

deal of animosity toward another. It appears that this member might have difficulty separating his personal feelings when dealing with City business.

11. During the interviews a copy of an unsigned contract was discussed. This contract

had been offered to the former Finance Director, thus this individual was invited in for an interview. During this interview, he revealed that the former Mayor had come to him last August or September (unable to recall exact date) and offered him the position of interim City Manager. A few days later an unsigned contract showed up on his desk. The former Finance Director also stated that a week or so later he was invited to lunch at a local restaurant to meet with two City Council members to discuss the position of Interim City Manager. At that meeting he told them he needed more time to think about it.

12. Shortly after these meetings, the former Finance Director decided that it was best for him to seek other employment. He stated in his interview that contrary to the beliefs of some members of the City Council, he left his position out of respect for the City Manager whom he admired and because he felt it was wrong of the former Mayor to go behind the back of the City Manager and offer him the position, knowing that the City Manager wanted to stay until July and then retire.

13. Recently a report was released by the 2006-2007 Kern County Grand Jury on the

Wasco Park and Recreation District that stated that the Director of Parks and Facilities may not also serve as Mayor of Wasco. The evidence supporting the Grand Jury’s position is overwhelming. It was recommended that the City obtain an opinion from the Attorney General of California on this issue.

COMMENTS: The Committee is concerned that the City of Wasco has far too many “special meetings” that require only a 24 hour notice for posting of the agenda. Until recently the agendas did not include a public comment section. This practice leaves a perception that the Council doesn’t want public input on all issues. In the view of the Kern County Grand Jury, a serious breach of the public trust occurred on January 24, 2007, when members of the City Council ignored the request of a minority of the council to table the items on the agenda for further study, when written documents could be reviewed by all members. The result of the meeting is that the City is incurring substantial increases in the cost of having a City Attorney. It is estimated that this will cost four to five times more than the previous City Attorney. RECOMMENDATIONS: 1. The City Council should schedule additional training on the Brown Act as soon as

possible. 2. The citizens of the City of Wasco should take note of this report and make it a point

to become more involved in City Council meetings and demand accountability. 3. The City Council should cease the practice of having so many “special meetings” and

have them only in the case of an EMERGENCY as allowed by the Brown Act. 4. The Mayor of Wasco should recuse himself from all votes until such time that the

City of Wasco receives an opinion from the Attorney General of California concerning Finding 13.

The City of Wasco should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and responses can be accessed through the Kern County Library System and the Kern County Grand Jury website: www. co.kern.ca.us/grandjury

RESPONSE REQUIRED WITHIN 30 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, STE. 600 BAKERSFIELD, CA 93301

HOUSING AUTHORITY OF THE COUNTY OF KERN

PURPOSE OF INQUIRY: The Cities and Joint Powers Committee of the 2006-2007 Kern County Grand Jury, pursuant to California Penal Code Section 933.1, visited and reviewed the Housing Authority of the County of Kern (HACK). PROCESS: The Committee met with HACK on July 27, 2006. Research information pertaining to HACK’s structure, operating procedures, responsibilities, and budgets were reviewed. BACKGROUND: The Housing Act of 1937 allows local agencies to set up a Housing Authority. HACK was established in 1939. The role of HACK’s Board of Commissioners (Board) is similar to the County Board of Supervisors. Commissioners are appointed by the Kern County Board of Supervisors and two of the seven must be Tenant Commissioners residing in public housing. The Board sets policy within the law and reviews and approves the budget. Meetings are open to the public. The County does not fund HACK. Eighty-five percent of the funding for HACK is provided by Housing And Urban Development (HUD) with other federal and state funding sources providing the remainder. HACK is not a part of HUD but follows HUD regulations. Once a year, HACK’s overall performance is evaluated by HUD. HACK’s mission is to improve the quality of life for low-income residents of Kern County by providing safe, affordable housing and assisting residents towards self-sufficiency and home ownership.

HACK has approximately 102 employees, with an administrative structure headed by an Executive Director. The Director reports to the Board. FINDINGS: • The local 2006-2007 budget is approximately $25 million. • HACK maintains a comprehensive web-site: www.kernha.org which is very

helpful to those who are looking to find information about affordable housing in Kern County.

• The Housing Authority Section 8 Program is a public-private partnership of rental owners. Low income residents of Kern County are awarded vouchers based on financial need. HACK currently has 3,365 vouchers available to qualified applicants. There are approximately 5,000 applicants on a waiting list for vouchers as they become available. No applications have been accepted for the past year.

• Many vouchers are returned each year due to the shortage of affordable housing. • The Housing Authority is authorized to employ two peace officers in the

Investigations Department. The Department works closely with allied law enforcement agencies to investigate prospective clients, prevent crime and investigate fraud at HACK developments throughout the County. Taggers are an increasing concern in the community. HACK has taken steps to identify suspects in these acts in order to prosecute them.

• HACK, in partnership with its affiliated non-profit agency, Golden Empire Affordable Housing, Inc., works to secure housing with the assistance from the federally-funded Low-Income Housing and Tax Credit program.

• HACK also owns five housing developments located in Arvin, Delano, Lamont,

and Shafter. These were developed for and subsidized by the U.S. Department of Agriculture Rural Development Program. This program is available to persons earning a minimum income of $5,753 from farm labor.

• Under contract with the California Department of Housing and Community

Development, HACK operates 176 housing units for seasonal farm labor workers. The units are operated under the Office of Migrant Services Labor Centers. The Centers are open from April to October. The permanent residence of the participants must be at least fifty miles away from the Center(s).

• HACK’s Rental Housing Construction Program, located in Delano, is

subsidized by the State Department of Housing and Community Development. The program requires the 62-unit subdivision of single family residences be made up of a mixture of families with very low to moderate income.

• HACK has established and maintained a strict quality assurance process for

housing assistance programs. The process, designed to ensure quality throughout the Agency, includes both supervisory and independent case file reviews and supervisory housing quality inspections.

• HACK has initiated a process to combine the annual client review with the

annual inspection of their residence. This has eliminated the need to fill a vacant

inspector’s position, and eliminates the need for the client to set aside two days to complete the annual requirements.

• HACK has been actively involved in the Low Income Housing Tax Credit

(LIHTC) program. LIHTC provides leverage with private capital for new construction or acquisition and rehabilitation of existing housing.

• HACK has been unable to conduct a comprehensive survey of the Kern County

housing market for several years due to budget constraints. A significant number of section 8 vouchers go unused each year due to the disparity between the subsidy value and the current rental costs.

COMMENTS: The Housing Authority of the County of Kern is commended for the numerous projects and services to the community. Through collaboration and partnership HACK continues to participate with its Resident Initiatives’ Office to develop and implement programs for self-sufficiency. The Family Self-Sufficiency program helps Section 8 Program residents achieve their goal of freedom from subsidies. Working to promote home ownership in the county, HACK has assisted many residents to purchase homes. HACK has a special program in place to aid residents in saving for home down payments. HACK is commended for how efficiently the various departments work together. The Committee was impressed with the pleasant atmosphere and apparent comradery within the organization. RECOMMENDATIONS: HACK should aggressively pursue the funding necessary to conduct a comprehensive survey of the Kern County housing market. A current survey would identify the disparity between the value of the Section 8 vouchers and the current rental costs within the county. The 2006-2007 Kern County Grand Jury recommends that the Housing Authority post a copy of this report where it will be available for public review.

Note: Present and past Kern County Grand Jury reports and responses can be accessed at the County Libraries and or the Kern County Grand Jury web-site: www.co.kern.ca.us/grandjury NO RESPONSE REQUIRED

WASCO HOUSING AUTHORITY

PURPOSE OF INQUIRY: The Cities and Joint Powers Committee (Committee) of the 2006-2007 Kern County Grand Jury visited The Wasco Housing Authority on January 18, 2007, pursuant to the provisions of Section 925(a) of the California Penal Code. PROCESS: The Committee met with the Executive Director of Wasco Housing Authority, to review their operating procedures. BACKGROUND: On June 13, 1950, the Wasco Housing Authority was established on 25 acres. The seven member Board of Commissioners is appointed by the City Council. Two of the members must reside in the public housing unit. FINDINGS: 1. There are 199 United States Department of Agricultural (USDA) Units and 25

Housing and Urban Development (HUD) Units. There are two Child Care Centers located on the property operated by Kern County Superintendent of Schools.

2. The Executive Director is a part time position. The office is staffed by an office

manager and one clerk. The buildings and grounds are cared for by three maintenance workers and one temporary maintenance worker.

3. No applications are being accepted at this time for the HUD units. 4. USDA housing units are subsidized and the rent paid by the tenants is calculated by

their ability to pay. There is a waiting list of approximately 200 families and the list is always open. Priority for tenants is by income and family size.

5. Annual inspections are made of the interior for both USDA and HUD units so repairs

can be made when necessary. 6. Annual certifications were in process at the time of the Committee visit. The Housing

Authority rechecks the information on all tenant applications to verify their eligibility for continued housing assistance.

COMMENTS: The Wasco Housing Authority is commended for the cleanliness of the area around the housing units. RECOMMENDATIONS: None The Wasco Housing Authority should post a copy of this report were it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury NO RESPONSE REQUIRED:

GOVERNMENT CODE SECTION 1099 (a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law: (1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body. (2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices. (3) Public policy considerations make it improper for one person to hold both offices. (b) When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second. This provision is enforceable pursuant to Section 803 of the Code of Civil Procedure. (c) This section does not apply to a position of employment, including a civil service position. (d) This section shall not apply to a governmental body that has only advisory powers. (e) For purposes of paragraph (1) of subdivision (a), a member of a multimember body holds an office that may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over another office when the body has any of these powers over the other office or over a multimember body that includes that other office. (f) This section codifies the common law rule prohibiting an individual from holding incompatible public offices.

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