ADMINISTRATION AND FINANCE COMMITTEE

The Administration and Finance Committee of the 1997- 98 Grand Jury studies departments having executive, management, or fiscal responsibilities. The Committee also investigates complaints against such departments.

This year the Committee communicated with personnel from the following entities during the course of our investigations:

County Administrative Office – Budget & Finance Division

Auditor/ Controller’s Office

Treasurer/ Tax Collector’s Office

Waste Management Department

County Employees Retirement Board

Assessor/ Recorder’s Office

Tehachapi City Council and Staff

Maricopa City Council and City Staff

County Roads Department

Sheriff’s Department

California Highway Patrol

Caltrans

General Services – Property Management

Information Technology Services

1ST District Supervisor

4th District Supervisor

The Committee, after study, wrote the following reports:

Kern County Employees’ Retirement Association - Board of Retirement

Capital Hills Development – City of Tehachapi

Dirt For Dollars – Contracts For Waste Management

Where Is the Money Going? – A Study of Kern County Contracting Policies Follow The Money – A Report On The Office Of The Kern County Treasurer and Tax Collector

Here’s The Money – County Administrative Office – County And Finance Division

DIRT FOR DOLLARS

CONTRACTS FOR WASTE MANAGEMENT

While conducting investigations into related areas, the Administration & Finance Committee discovered an anomaly that merited further study: contracts involving solid waste management made between Kern County and Benz Sanitation/ Tehachapi Recycling, hereinafter referred to as Benz, and between the City of Tehachapi and Benz. As background to the following report, it must be noted that in 1990 the State Government passed AB939 that became State Law, mandating a 25% reduction of solid waste volume at landfills by 1/ 1/ 1995 and a 50% reduction by 1/ 1/ 2000.

FINDINGS:

The following chronology will delineate events involving contracts made between Benz and Kern County and between Benz and the City of Tehachapi.

1.

In 1973 Kern County opened the Tehachapi Landfill at its present location, constituting approximately 40 acres. In July of 1988 Benz bought approximately 166 acres of property adjacent to the landfill for $ 100,000.00.

2.

Subsequent to passage of AB939 becoming Law, Kern County entered an agreement No. 576- 90 with Benz whereby a $ 300,000.00 no interest loan was made to Benz to build and operate a recycling facility that would comply with AB939. Terms of the agreement required repayment of five annual $ 60,000 payments. Included in the terms was the stipulation that if Benz profits did not reach 60% of the annual payment ($ 36,000) the payments could be deferred to begin in 1997. The agreement requires that Benz is to pay a gate fee when disposing of residual waste at the Tehachapi Landfill operated by Waste Management Department ( WMD). This waste is residual because Benz Tehachapi Recycling ( TR) receives all wastes from the Cities of Tehachapi, Mojave, California City and Boron, which waste is processed to remove all recyclable material before transfer to the WMD landfill. Benz charges a gate fee and a bin disposal fee for waste received. In late 1991, Kern County Board of Supervisors granted a recycling surcharge to all residents of Tehachapi and Mojave areas of $ 1.50 per month per household. All of these revenues have helped to offset the cost of operating the recycling facilities. Also, in late 1991, with an amendment to Agreement # 576- 90, the Board of Supervisors loaned an additional $ 50,000 to Benz, bringing the total loan to $ 350,000 with annual $ 70,000 repayments.

3.

In August of 1992 another Agreement # 383- 92 permitted WMD to excavate cover dirt from land adjacent to the Tehachapi Landfill owned by Benz at a rate of $ 1.50 per cubic yard. A limit of $ 21,000 was to be paid under this Agreement and a progress payment of $ 15,000 was credited to the Benz loan. 4.

In June of 1994, in preparation for completing Agreement # 576- 90, WMD surveyed the excavated area on Benz property and calculated that the actual amount of dirt removed was 33,507 cubic yards. Based on $ 1.50 per cubic yard, the value of the dirt removed from the property is $ 50,260.50. Since the not to exceed limit of Agreement # 383- 92 is only $ 21,000, a contract amendment was approved by the Board of Supervisors to allow the entire $ 50,260.50 to be credited to the loan.

5.

In September of 1994 a " Profit a Prendre" ( a right coupled with a profit) Agreement # 523- 94 was approved by Board of Supervisors which allowed WMD to remove soil from adjacent Benz property and to repay Benz $ 29,973.95 annually for 10 years. In effect this created a " dirt for dollars" situation. As a result of this amendment, Benz was credited with payments of $ 29,973.50 in December 1994 and January 1995. In December 1995 Benz was credited with a payment of $ 35,260.50 – the $ 50,260.50 noted above less the $ 15,000.00 already credited in 1992.

6.

In February of 1996 the County ordered an independent appraisal of Benz land adjacent to the WMD Tehachapi Landfill. The appraisal concluded the value of the land to be $ 1124 per acre.

7.

A year later, in February of 1997, the County purchased 104 acres of Benz’ 166 acres for $ 239,761.60, which computes to a cost of $ 2306. per acre. A week after this transaction was finalized; Benz paid the County $ 239,761.60 as final payment on his no interest loan.

8.

In accordance with terms of Agreement # 576- 90 Benz was to begin making annual 5% profit- sharing payments after December 1997. Benz has a similar 5% profit- sharing stipulation with the City of Tehachapi in consideration for a $ 235,000 contribution that City gave to Benz in 1990 to facilitate the Tehachapi Recycling operation. To date approximately $ 16,000 has been paid to the City of Tehachapi.

9.

Terms of Agreement # 576- 90 also required Benz to submit quarterly financial statements.

CONCLUSIONS:

1.

The Grand Jury realizes that good incentives must be given to a contractor by the County in order to meet requirements of AB939 by operation of a recycling facility. However, Benz repaid a $ 350,000 no interest loan existing from 9/ 25/ 90 to 2/ 21/ 97 with no cash, just with cover dirt and 104 acres of land.

2.

WMD memos indicate that Tehachapi Recycling is meeting or exceeding the waste reduction mandates required by AB 939, but that is no justification for the inordinate costs engendered by WMD, as well as direct cost to the taxpayers of a surcharge of $ 1.50 per household per month.

3.

Of the original 166 acres of land adjacent to the Tehachapi Landfill purchased by Benz for $ 100,000.00, Benz still retains 56 acres. According to the purchase price of $ 2306 per acre paid by WMD in 1997, Benz still owns land valued at $ 142,972.00.

4.

The Grand Jury concedes that the sale price of the land purchased by WMD was predicated on the loan balance, however, we feel the price was roughly double that of an independent appraisal, even though Kern County Property Management Division indicated the sale price was within acceptable parameters, but in the high range.

5.

In further studies made by the Grand Jury regarding contracts and negotiations, we have found that the foregoing example is not an anomaly. Other departments within the County government have similar contract experiences and questionable negotiation policies that have caused problems.

RECOMMENDATIONS:

1.

The Grand Jury strongly recommends that Kern County collect the annual profit payments from Benz in cash, rather than dirt. We are of the opinion that Benz was given adequate incentives by not having to pay any interest on the loan and by being allowed to keep the $ 1.50 per month per household surcharge, which for approximately 8550 households yields $ 12,825.00 per month.

2.

The Grand Jury recommends that both Kern County and the City of Tehachapi audit the Tehachapi Recycling facility’s accounting procedures and books since it is inconceivable to this Jury that an efficiently operated facility is not profitable.

3.

A further recommendation is that future profit sharing agreements should be calculated on a small percentage of gross revenues rather than on a percentage of net profit.

4.

The Grand Jury’s final recommendation is that the County seriously study the formation of a new Contract Department assisting and advising each particular department with writing and negotiating all contracts processed by the County. It is imperative that contracts be written by experienced personnel. If such personnel cannot be employed and trained by the County, then consideration should be given to hiring an outside consultant specializing in contract development.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION

BOARD OF RETIREMENT

A major project of this Administration and Finance Committee was an in- depth study of the Board of Retirement ( Board) of the Kern County Employees’ Retirement Association ( KCERA). This committee was fortunate in having as a member one of the area’s keenest minds in the field of investments, which was invaluable in our understanding of the complicated and unique processes in which the Board deals. Included in the study by the Committee were the following activities.

1.

Attended a number of bi- weekly Board meetings.

2.

Interviewed five Board members and had conversations with several others including Board Counsel. All of those interviewed had a good understanding of their fiduciary duty, and the workings of the Board, as well as good knowledge of their duties.

3.

Interviewed the Retirement Administrator, David Deutsch, plus members of staff including the CPA/ Auditor for the Board, Roberto Pena.

4.

Interviewed Kern County Auditor-/ Controller James Rhoades and his Division Chief Auditor Nancy Jackson.

5.

Interviewed the President of Kern County Retirees Association plus several members of the Association.

6.

Studied numerous reports and presentations published by the Board and its Administration.

HISTORY & BACKGROUND

KCERA was established in 1945 as one of 21 counties in compliance with the 1937 Retirement Act of the State of California. In 1965 total assets of KCERA were approximately 22 million dollars and its investments were in U. S. Bonds & Notes, Certificates of Deposits and bank accounts. Accounting in the early days was done out of the County Treasurer’s Office using their employees. In 1967 KCERA hired its first Manager and made its first Stock purchase, and has continued to grow in assets in size. In 1985 KCERA established a Supplemental Retiree Benefit Reserve ( SRBR). Kern County is one of only three counties with SRBR, thus increasing retirees benefits beyond 1937 Act requirements. Growth of KCERA has now reached assets of approximately 1.1 billion dollars in 1996; and management consists of 21 employees including the Administrator. Retirees receiving benefits number 4,622 and active members number 6,881.

ORGANIZATION

The Board is composed of nine members: County Treasurer is required by law, one member is elected by retirees, four outside members are appointed by the Board of Supervisors, one of whom may be a Supervisor, two members are elected by " general" employees and two members – one of whom is an alternate – are elected by " safety" employees. The Board used Dr. B. A. Jinadu, County Public Health Officer, as medical advisor, and Patricia Randolph from the County Counsel’s Office as legal advisor. The Retirement Administrator, David Deutsch, serves at the pleasure of the Board, with a staff of 20 civil service employees. The Board also engages an outside accounting firm to audit all accounting transactions of Administration. This firm’s audits are in turn overseen by the Kern County Auditor’s Office.

The principal operations of the Board fall into two categories: Benefits and Investments.

Benefits to retirees are determined first by an actuarial firm, Watson Wyatt Worldwide, hired by the Board, to calculate the retirement amount based on the retiree’s age, years of service and amount of compensation. Wyatt also actuarially calculates the employer’s contribution and liability to the retirement system. The Board supervises setting the retirement system in motion, including determining whether a member is eligible for disability benefits and also paying death benefits when required. Monthly retirement checks are issued by Bankers’ Trust Company, the firm contracted by the Board as the Custodian of KCERA funds.

Investments are made by the Board upon the recommendations of its Investment Committee in consultation with Wilshire Associates Inc., which is engaged by the Board to assist in KCERA investment policies. Wilshire and the Board select approximately fifteen investment management firms each of whom manages a particular group of investments such as U. S. Stocks & Securities, Foreign Stocks, Emerging Markets Securities, U. S. Bonds, Mortgages, Real Estate and Cash. These Managers are continually monitored, and are compensated by a flat fee plus incentive fees for meeting performance goals. Wilshire also assists the Board in defining these goals by consulting on the allocation of assets into a workable mix of investment types. Such a mix of assets is necessary to maintain an assumption rate of 8.25% return on investment. This si necessary to maintain an assumption rate of 8.25% return on investment. This expected rate of return has been determined by the Board to serve two purposes, ( 1) to permit the Actuarial Consultant, Wyatt Worldwide, to calculate employer contributions to the retirement plan, and ( 2) to permit KCERA to calculate accounting entries assigned to reserve funds. Although there are several reserve funds, only two funds were germane to this report; Contingency Reserve and SRBR funds. The Contingency Reserve has been determined by the Board to be 1% of net assets and is to be maintained at that level throughout the fluctuations of earnings. The SRBR funds are established two ways: an amount equal with all other reserves from the 8.25% interest earned on assets, and fifty percent of excess net earnings after the contingency reserve has been maintained. The purpose of the SRBR primarily is to make supplemental payments to older retirees who have lost 20% of their purchasing power because of inflation.

ADMINISTRATION:

The Retirement Administrator and his staff have the daily responsibility of overseeing both Investments and Benefits transactions. The work in the Benefits category includes the administering of the monthly payments to the retirees issued by Banker’s Trust, investigating disability claims and making recommendations to the Board, and authorizing death benefit payments to retirees’ survivors. The work in the Investments category comprises much more time and attention to administer. The Administrator works closely with Wilshire Associates in the selection of Investment Managers, making periodic performance checks on the Managers, and interviewing prospective new Managers.

To aid in the conductance of the Administrators’ work, one of his staff members is a CPA whose responsibility is to keep the investment books, close the books at specified intervals, receive cash from Managers and relay caash to Bankers’ Trust for retiree payments. The CPA works closely with an outside auditing firm, Brown, Armstrong, Randall and Reyes ( BARR) which makes a final audit each year. BARR works under a 3- year contract, which is under the supervision of the Kern County Auditor/ Controller James Rhoades.

FINDINGS:

1.

Effective January 1, 1994, an enhanced benefits package was adopted by the County in lieu of salary increases for County employees which caused the Retirement Fund to become relatively underfunded. To remedy this situation the Board of Supervisors voted to float $ 220 million of Pension Obligation Bonds. The funds from these Bonds went to KCERA in the latter half of 1995, which created 98% funding. As a result fund assets rose from $ 700 million to over $ 900 million immediately.

2.

There are 12 outside Special Districts that participate with KCERA in the retirement plan, which at times can cause problems. Effective August 1, 1997, Wyatt Worldwide proposed new and higher employer contribution rates, which were adopted by the County, but only 8 of the 12 Special Districts were able to adopt because of timing problems – the quicker KCERA can close the books, the quicker the Districts can comply.

3.

The 1937 retirement Act stipulates that administrative expenses shall not be more than 0.18% of total investments. These expenses include liability insurance premiums, salaries of the Administrator and his staff, all office expenses, including rent, and expenses of Board members for meetings and travel. Also included in the expenses are payments to the Actuary, Wyatt Worldwide and to the Custodian, Bankers Trust. The billings from County Counsel, whose representative spends approximately half of her time on KCERA work, are also a part of these administrative expenses.

4.

The KCERA books are audited by the outside Auditor, BARR, once per year, on June 30. The books are tentatively closed monthly but because of 5 year " smoothing" and SRBR calculations, official closing occurs at fiscal year end.

5.

The first five years of an employee’s benefit contribution is shared equally with the employer, Kern County. After five years, the County makes 100% of the contribution.

6.

Two recent events have occurred that will have an impact on KCERA activity: The transfer of Dan Allen, the Wilshire Associates representative who has worked very closely with KCERA; and a California Supreme Ruling in a case involving the Ventrua County Employee’s Retirement Association versus Ventura County Deputy Seriff’s Association that requires KCERA to include additional special pay items when determining a member’s final compensation and calculating his or her retirement benefits. Both of these events will require considerable changes in KCERA operations, both in attention to investment policies and to benefit payment policies.

7.

In the past few years, KCERA has worked with the State Association of Retirement Systems toward reforms in disability requirements for retirees.

RECOMMENDATIONS:

This Committee concludes that KCERA and its Board is doing a commendable job in performing its duties on behalf of Kern County Retirees. However, we feel the following suggestions would be of value, both to the Fund and to the Retirees.

1.

The position of Administrator should be divided into two managers, one for investments and one for benefits. With net assets at nearly 1.1 billion dollars, attention to investment management should be a full time occupation. Likewise, with the number of retirees receiving varied benefits, full time management of these concerns is required, particularly with the ramification which could be caused by the " Ventura County Case."

2.

The auditing process should be studied closely with the purpose of improving the existing practices. At present it takes too long to close the monthly books because it appears the outside Auditor, BARR, is working too closely with the KCERA CPA. These activities should be conducted separately: the KCERA CPA closing books monthly and BARR auditing once a year.

3.

To better serve its members, the Retirees, the Board and KCERA should present the Annual Report in clear non- technical language that the average Retiree can understand. Even words like " fiduciary" need to be explained.

4.

The Board should only consider adjusting the Contingency Reserve rate or the Assumption rate under extreme situations, as it causes great fluctuations in reserve accounting.

5.

The Board should conduct its meetings in such a manner that the general public would be encouraged to attend and to be informed.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CAPITAL HILLS DEVELOPMENT

CITY OF TEHACHAPI

This Committee responded to a complaint against the City of Tehachapi with regard to a realty development called Capital Hills Development. The nature of the complaint was that the City was adversely affecting business in the Development by arbitrarily restricting truck parking, alleging that such parking was damaging street and road pavement.

During the course of our investigation this committee acted as follows:

1.

Studied documents provided by the Project Architect, the Project Engineer and the City of Tehachapi, describing the entire development.

2.

Studied all the minutes of the City Council meetings from January 1988 to July 1997, which covered the time from Project Design to the date of the complaint.

3.

Interviewed members of City Staff as well as the complainant.

4.

Contacted Caltrans, the California Highway Patrol, and Kern County Sheriff’s Office regarding criteria for truck parking, truck routes and highway directions for truck traffic.

5.

Visually inspected conditions of roads and streets in the Development and other areas of the City.

FINDINGS:

1.

A lack of street maintenance by the City for approximately seven years has contributed to some minor pavement deterioration.

2.

Lack of weed abatement between road surface and concrete gutters has permitted water penetration into sub- base and soil which has caused weakening of their load- bearing capacity.

3.

Reliance by City management upon incomplete reports on causes of road deterioration by a contracted Engineering Firm and the City Staff resulted in the City’s decision to ban on- street parking of trucks in the Development. Findings by qualified independent Engineers were in disagreement with these reports. A major contributory cause of pavement damage was due to the fact that the City did not hold sub- contractors responsible for poor compaction of trench backfill after utility installations under the roads and streets. The City chose to ignore that poor compaction as a cause of pavement degradation and insisted that truck parking was the only cause of damage. 4.

Arbitrary truck route designations were made by the City, which resulted in diminishing business at existing establishments in the Development.

5.

At one time improper barricading and posting signs by the City also diminished business in the Development.

6.

The City established a building moratorium in 1990, knowing as early as 1988 that the City sewer system was at full capacity, shortly after approval of Capital Hills, which adversely affected further development for several years.

7.

The Grand Jury found no evidence of any cooperation by the City's Economic Development Department toward development of Capital Hills.

8.

Within the scope of this investigation this Committee asked the City Staff for documents. The City showed a total lack of cooperation with the Grand Jury. Unfortunately, an adversarial relationship developed resulting in unnecessary and unauthorized publicity detrimental to the Grand Jury investigation.

RECOMMENDATIONS:

1.

The City should not build or accept dedicated streets if they cannot commit to their repairs and maintenance.

2.

The City should inspect sites where utility encroachments were performed and hold the contractor responsible for damages to street surfaces.

3.

The City should consider extending truck routes to include streets on the north side of Highway 58.

4.

The City should take every opportunity to disclose all known possible hindrances that could interfere with development of properties within Tehachapi City limits.

5.

In the future, the City should endeavor to more fully cooperate with the Grand Jury.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

FOLLOW THE MONEY

A REPORT ON THE OFFICE OF

THE KERN COUNTY TREASURER AND TAX COLLECTOR

INTRODUCTION

The Administration and Finance Committee of the Grand Jury conducted a study of the Kern County Treasurer and Tax Collector’s Office. This was in response to taxpayer complaints regarding the length of time required to process property tax payments. Our Committee interviewed: Phil Franey, the Treasurer/ Tax Collector, John DeMario the Assistant Treasurer/ Tax Collector, James Rhoades, the Auditor/ Controller/ County Clerk and employees from the Assessor’s Office.

FINDINGS

The Treasurer, Auditor, and Assessor work closely with one another to accomplish the tax collection and distribution process. The Assessor appraises properties within the County to determine their assessed valuation, the Auditor applies the correct tax rate to each property and prepares the tax bill, the Treasurer is responsible for mailing the bills, collecting and managing of property tax monies and maintenance of public records.

1.

Tax Collection – The Treasurer’s office, which acts as the hub of the three departments has the responsibility of collecting, managing and distributing over $ 460 million annually. It was interesting to note that the County’s share of monies collected was $ 124 million. The remaining $ 336 million ( 85%) is collected on behalf of school districts, special assessment districts and incorporated cities within the county. If a taxpaying entity’s bill totals over $ 100,000.00 on combined properties the entity must pay their taxes by wire transfer. Monies must be wired to the County’s bank account by each tax collection deadline, December 10th and April 10th. This saves considerable man- hours processing these payments, allowing the Department’s employees to process the thousands of smaller dollar amount payments during the rush periods of December 10th and April 10th . Additionally, the Treasurer hires eight seasonal employees to help process these payments.

2.

Tax Default Records – The Treasurer’s Office maintains all tax default records, tracks unpaid balances, transfers property to the delinquent tax rolls and adds penalties and interest. When properties are in default the Treasurer’s Office calculates the minimum sale prices for tax- default auctions.

3.

Cashiering – The Treasurer gives the cities and a few school districts their shares of tax collections to administer themselves. The Treasurer pools the County’s share and the shares of the other approximately 110 special agencies shares of tax collections. When special agencies require funds to cover expenses, the Treasurer, upon request, must transfer funds from the pooled account to the appropriate checking accounts.

4.

Accounting – In conjunction with the Auditor’s office the Treasurer’s office maintains records of all receipts and disbursements of cash, maintains cash ledger balances, and produces monthly financial reports. About 13 years ago, the Treasurer and Auditor’s offices combined one pool of money and one accounting system. California Government Codes provide checks and balances between the two offices. Once a month, the Auditor's office re- calculates accounts balances for the special and school districts.

5.

Debt Service – The Treasurer’s office prepares current and delinquent payments for all improvement bonds. They record all payments to bondholders and handle all foreclosure procedures on delinquent improvement bonds when requested by bondholders. They also coordinate delivery and settlement with bond purchasers for debt instruments issued by the County or School Districts or Special Districts.

6.

Investments – The Treasurer is responsible for investing all available pooled monies with primary consideration being safety and liquidity, while trying to achieve maximum interest earnings. Investments are primarily Certificates of Deposit, Commercial Paper, Banker’s Acceptances and Treasury Issues. These investments yielded a little over 5.5 % for the last fiscal year. The pooled monies currently total over $ 700 million, which earned over $ 35 million in the last fiscal year. Investing is restricted by law and County Investment Policy, which is updated annually by the Board of Supervisors. An investment Oversight Committee tracks the investment pool. The committee of eleven includes at least the Auditor, Treasurer, a representative from the Board of Supervisors, the County Superintendent of Schools and five public members, appointed by the Board of Supervisors.

7.

Deferred Compensation – In 1979 the County Board of Supervisors established a Deferred Compensation Plan for the benefit of eligible county employees. The Treasurer invests these funds and administers the Plan, which permits employees to defer up to 25% or $ 8,000.00 of their gross earnings per year, until death, separation from service, or another qualifying event occurs. The current amount in the Plan is approximately $ 118 million dollars. About $ 48 million of this is currently invested in Mutual Funds and $ 70 million is in interest- bearing savings accounts.

8.

Audit Service -- In conjunction with the Auditor’s office, the Treasurer verifies, by audit, the accuracy of the investment calculations. They provide support such as reviews and adjustments for the annual Deferred Compensation Plan and for departmental audits.

9.

Special Services – During recent years, in order to be more user- friendly, the Treasurer’s office has implemented the following:

a)

Provided information and assistance on the Internet. b)

Installed a new telephone system for more efficient access to tax information. The three departments interact to answer taxpayer questions, with the goal that no taxpayer question will go unanswered.

c)

Provided informative pamphlets to assist tax payers

d)

Allowed tax payments to be made by credit card.

e)

Sent all the Treasurer’s office employees to Highland High Adult School for a computer systems training course lasting six weeks.

10.

Time Required To Process Property Tax Payments – The Committee found evidence that some property tax payment checks had not cleared the bank until January 6, 1998 for payments due December 10, 1997. In addition to large tax payments made by wire and hiring seasonal employees the Treasurer’s office uses automation to more quickly process property tax payments. Checks written to pay on a single parcel are processed first. Checks written to pay for multiple parcels are processed later. Partial payments are processed last. There are over 430,000 tax bills sent out annually.

RECOMMENDATIONS

1.

The Committee commends the Treasurer’s office for performing their many duties in a competent and efficient manner. We particularly liked the cooperation and interaction the Treasurer’s office has with the Auditor and Assessor’s offices.

2.

The Committee understands the difficulty of processing over 430,000 tax bills as fast as possible every December 10th and April 10th. We realize that large dollar amount tax payments are paid by wire and funds received can immediately begin earning interest. However, we feel that steps could be taken to more quickly process all property tax payments to get funds into the Investment Pool to maximize interest earnings. If the Treasurer’s office could process all property tax payments before Christmas it could avoid further delays due to Christmas and New Year’s Holidays. Possibly employees who process property tax payments could work more overtime during " rush time" and take days off during a less demanding time.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

WHERE IS THE MONEY GOING?

A STUDY OF KERN COUNTY CONTRACTING POLICIES

The Administration and Finance Committee completed a study of a contract between the Waste Management Department and Benz Sanitation/ Tehachapi Recycling and wrote a report entitled " Dirt for Dollars." As a result of this, the committee has decided to do a general study of the contracting process practiced by Kern County Governmental Departments.

During the course of our study the committee interviewed the following county employees: The CAO and four of the department’s budget analysts, the County Counsel, the Auditor/ Controller, 1st District Supervisor and the department head and staff members of the County Waste Management Department.

FINDINGS

1.

In accordance with the parameters of " Reengineering County Government," decentralization of governmental functions has dictated that each department of County Government is basically responsible for its own operations, including the contracting process.

2.

Currently, all departments write their own contracts with only minimal guidelines. The principal guidelines are: a) the contract must be legal as determined by County Counsel; b) the contract must be within policies established by the Board of Supervisors; and c) the contract cannot conflict with rules or regulations of the Civil Service Commission.

3.

After a contract is checked by County Counsel for form – not content – it is presented to the Board of Supervisors for approval. Usually this approval does not include a formal mechanism for follow- up. As an example, in our report on " Dirt for Dollars" apparently no one knew the County is entitled to 5% of the profits from the recycling operations.

4.

Many contracts do not have a provision to follow progress of work to determine if the work is being performed well and in a timely manner. Many contracts do not have a provision for comparing price or terms with outside industry standards.

RECOMMENDATIONS

Standardized contract formats and guidelines must be established that all departments shall follow when preparing contracts. Such standards could be written by a separate Contract Department, by a group of " contract experts" selected from different departments, by a Contract Oversight Committee, or by an outside organization specializing in contract management. Such an outside organization should be especially considered for large or unique contracts where negotiations could be complicated. Regardless of how the Board of Supervisors decide that such standardization should be accomplished, the agency must perform the following:

1.

Shall verify that a contract is written within guidelines, makes good business sense, and its terms or prices were negotiated properly and fairly.

2.

Shall verify that a contract is explicit in its bidding instructions, is definite in its methods for awarding, and contains adequate language for length of work completion, including penalties for non- compliance.

3.

Any " sole- source" contract must be justified.

4.

Shall consistently/ continually follow the execution of a contract to verify that work is proceeding properly and in a timely fashion.

5.

The contract shall be written as completely as possible to avoid change orders during execution of the work. When change orders do occur, the agency shall insure that costs are negotiated fairly and properly.

6.

Prepare an evaluation of the performance of contractors so departments can be advised of their eligibility for future contracts.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

HERE’S THE MONEY

A STUDY OF THE KERN COUNTY ADMINISTRATIVE OFFICE

BUDGET AND FINANCE DIVISION

The Administration and Finance Committee conducted a study of the Budget and Finance Division of the County Administrative Office. During the course of the study the Committee interviewed the County Administrative Officer, ( CAO), the Director of Budget and Finance, three Budget Analysts and the Kern County Auditor/ Controller.

FINDINGS:

1.

The Administrative Office is responsible for:

a)

Enforcing all rules, regulations and policies enacted by the Board of Supervisors.

b)

Performing analyses and preparing responses to referrals from the Board of Supervisors.

c)

Executing and coordinating County administrative and financial policy.

d)

Administering a capital improvement program.

e)

Advising Board of Supervisors regarding Federal and State legislation.

f)

Coordinating and administering County debt financing issuance’s

g)

Administering county employer- employee relations programs.

h)

Administrating health care and benefits programs.

i)

Conducting department head evaluations.

j)

Proving general oversight of budget execution.

k)

Providing departments with consultation on budget and administration matters.

2.

The Finance and Budget Division of the Administrative Office includes a Director and six Budget Analysts. Each Analyst is responsible for assisting in the preparation of budgets for several County Government departments. The departments under each Analyst are grouped together in comparatively related fields, similar in requirements. For example, one Analyst works with the Superior Court and the Municipal Court, including the proposed merger of the Courts.

3.

Each Analyst is responsible for representing his department " clients" in presenting the budget to the Board of Supervisors. 4.

The Director oversees the activities of the Analysts and reports directly to the CAO regarding their progress. The Director makes the assignments for each Analyst to ensure effective operation of the Division. Occasionally, assignments have to be adjusted, such as when Kern Medical Center ( KMC) was in such turmoil, extra help was assigned to aid the Analyst preparing the KMC budget.

5.

The Director’s responsibilities also include establishing goals for the Budget Division which include the following:

a)

Monitor, identify potential problems, mitigate problems and provide advice with respect to the administration and execution of the County’s adopted budget.

b)

Develop a recommended balanced budget which provides for the most efficient and effective delivery of services consistent with the priorities established by the Board of Supervisors.

c)

Continue to enhance communication and cooperation among Budget Division staff with other Administrative Divisions, County departments and Board of Supervisors' members and staff.

d)

Continue to improve the functionality of the existing budget preparation system.

6.

As the Analysts work with department heads to develop the budget for each Department, there is little room for " moving money" ( discretionary expenses). Most budget items are for fixed wages, plus benefits and for plant or equipment allocation.

7.

The Budget Division also has the responsibility for developing multi- year priority plans for addressing needs for capital projects, major maintenance projects and major capital equipment on a countywide basis.

8.

The role of the Budget Division within the Administration Office organizational pattern fits in with the concept of " Reengineering County Government."

9.

Reengineering concepts decentralized government by giving responsibility to each Department for establishing and accomplishing its goals and procedures. The exchange of information and ideas between the department and its Analyst is an asset in achieving this concept.

10.

Reengineering has been instrumental in providing better customer service of a department. Customers consist of taxpayers, employees or other departments. This service is accomplished by the following:

a)

Evaluating and documenting work processes for performance

b)

ncreasing efficiency by streamlining processes.

c)

Establish teams to formulate goals, solutions and to implement resulting recommendations. RECOMMENDATIONS:

1.

Although the reengineering concept appears to be successful in many instances, there is considerable questioning with regard to decentralizing contract preparation and negotiation. The Grand Jury agrees with those who advocate the formation of one central group concerned with contracts. This group could be a new Contract Department, or a group of contract " experts" selected from each Department, or an outside consulting firm. The Grand Jury believes that contracts should be standardized relative to objectives and that negotiation skills should be stressed.

2.

Now that reengineering has resulted in each department being responsible for its own computer requirements and systems, the Grand Jury recommends that each department employ a technical expert to oversee and maintain that computer system with less dependence upon expertise from the Administration Office, Information Technology Services.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CITIES AND SERVICES COMMITTEE

INTRODUCTION

Pursuant to Penal Code section 925A, the Cities and Services Committee has the responsibility to oversee the joint powers agencies and eleven incorporated cities within the County. The Committee personally visited the eleven incorporated cities of Kern County. The Cities and the dates visited are listed below:

CITY

DATE

ARVIN, " A Garden in the Sun"

July 24, 1997 September 16, 1997

BAKERSFIELD, " City of Golden Opportunity"

October 28, 1997

CALIFORNIA CITY, " Third Largest City in California, By Land Mass"

August 7, 1997

DELANO, " International Community Working Together"

August 12, 1997

MARICOPA, " Gateway to the Sun"

September 23, 1997 January 27, 1998

MCFARLAND, " Heartbeat of Agriculture"

August 26, l997

RIDGECREST, " Key to New Horizons"

December 2, 1997

SHAFTER, " Where Everything Grows"

September 9, 1997

TAFT, " Center of Midway, Longest Oil Field in the World"

September 23, 1997

TEHACHAPI, " Land of Four Seasons"

August 18, 1997

WASCO, " A Growing City"

September 30, 1997

The committee selected the following five cities on which to write reports:

ARVIN, MARICOPA, RIDGECREST, SHAFTER AND TAFT

ARVIN SEWER SYSTEM

CITY OF ARVIN

The Cities and Services Committee conducted individual interviews with City Council members and the City Manager of the City of Arvin.

FINDINGS

During the Committee’s interviews it was revealed that the city sewer system is continuously being over utilized at approximately 110 per cent. It was discovered that the cause of this over utilization can be directly attributed to the City Building Code violations; namely, conversion of single dwelling garages to rentals, single family dwellings being used by multiple families, illegal sewer hookups and back yards being used as shelters. It can be safely estimated that 65 to 75 % of the resident dwellings are in City Code violation. These city code violations are not currently being enforced because the City Council votes are always split on a 3 to 2 vote against enforcement. It is alleged that certain Council member’s dwellings are in violation and, therefore, resulting in votes not to enforce.

This year the City Council has spent over $ 600,000 to maintain the sewer at a bare operational mode to meet minimum state safety requirements. The City is also currently in the process of doubling city sewer capacity contingent on securing a $ 5,000,000 loan. It is estimated that construction for the increased capacity will be completed by the year 2000.

RECOMMENDATION

It is the Kern County Grand Jury’s recommendation that the City Council immediately take action to enforce the existing City Building Code. This action will result in a gradual reduction of excessive sewer loads.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CITY OF ARVIN

The Cities and Services Committee made its initial visit to the city of Arvin, pursuant to Penal Code Section 925A, on July 24, 1997. During the initial visit the committee met with Mr. Tom Payne, the City Manager. Subsequently, the committee met with Mayor Jess Ortiz on September 16, 1997 and again with Mr. Tom Payne and the four remaining council members, namely, Mayor Pro Tem Donald Burkett, Mrs. Reba Tidwell, Mrs. Patsy Newton and Mr. Bill Stoner on November 18, 1997.

FINDINGS

1.

Over the past years deteriorating financial conditions have plagued the city of Arvin. At one time, 54 lawsuits were pending against the city. Currently, there are only two remaining, and these are in various stages of resolution.

2.

As of December 16, 1997 the golf course litigation is still pending due to default on certificates of participation bonds. The Judge’s ruling is expected as early as February 1998. It is expected that the $ 28 million claim will be eliminated or reduced to approximately $ 590,000, which can be repaid over a period of ten years. The initial claim of $ 28 million was based on total loan pay back at maturity after 30 years.

3.

On December 4, 1997 the Arvin Housing Authority was notified that a $ 108,000 judgement was issued against the Housing Authority relative to the Farm Labor Village project. Of the initial 50 units, approximately 12 units are salvageable. The city is currently refurbishing these 12 usable units for family housing.

4.

The third largest financial drain was related to the Jewett Square housing development due to bankruptcy of the developer and subsequent default on certificates of participation bonds. This lawsuit was settled in October 1997, resulting in a tax lien sale to be scheduled to dispose of the property.

5.

The city is actively pursuing new businesses to move into the city. Negotiations are currently underway to bring in a general merchandise store.

6.

The city privatized refuge collection in July 1997. This method of collection provides a guarantee annual revenue of approximately $ 80,000.

7.

The downtown area, Main Street, is continuing to be revitalized by adding trees, shrubs and cobble stones in the median. This effort started two years ago.

8.

The city’s annual budget is $ 600,000 however; the operational need is $ 1.4 million annually. 9.

The city sewer capacity issue was covered by a separate report. Final Report on Arvin Sewer System released on November 26, 1997. ( See the following report)

CONCLUSION

The Grand Jury compliments the City Council and the City Manager on the fine job they have done to date in saving the city from financial ruin. The City Council has been conscientiously working to resolve the existing financial crunch.

RECOMMENDATIONS

1.

The Grand Jury recommends that the city of Arvin continue pursuing new businesses, enforcing existing city building codes, keeping residents informed of progress and diligently pursue good business and legal counsel prior to getting involved in future business ventures, and

2.

Continue to develop the city’s infrastructure so as to attract new businesses, thereby, developing a stronger tax base, and

3.

Continue to diligently pursue existing sewer capacity expansion plans and funding requirements.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNTY FIRE DEPARTMENT

The Cities and Services Committee made its initial visit to the County of Kern Fire Department, on November 6, 1997. During the initial visit with Daniel G. Clark, Fire Chief, we were given an overview of their operation.

FINDINGS:

1.

The fire control center was very well organized, with communication to all other State and Federal fire units.

2.

They have a working agreement with the Federal Government called Joint Powers Agreement to assist on fires in Sequoia and Los Padres National Forests. The Federal Government covers the costs.

3.

The agreement with the Federal Government also allows the department access to the Federal Personal Property Program ( FEPP). This has allowed the Department to save the tax- payers approximately one million dollars in the past two years.

4.

The FEPP program was audited on December of 1996 and given a clean bill of health by the Federal Government.

5.

They have a watershed agreement with the state of California to assist in fighting fires. The State gives the County of Kern approximately 6.2 million dollars per year for this support.

6.

They have a complete metal and auto repair shop. The tools and equipment were acquired through the FEPP Program. They have an agreement with the Sheriff’s Department to service their vehicles. They build utility beds for the Fire Department trucks when needed. This is another savings for the taxpayer.

7.

They have acquired two helicopters through the FEPP program, which need to be retrofitted before they can be used on water drops. The cost to retrofit one unit would be approximately $ 650,000 resulting in savings to the County of Kern as compared to the purchase of a new unit.

8.

The County of Kern is also in the process of upgrading their communications system. The old equipment is becoming more difficult to repair and parts are not easily obtained.

RECOMMENDATIONS:

The Grand Jury recommends that the County of Kern Board of Supervisors seriously consider providing funding to retrofit the helicopter, in accordance with the findings as recommended by the Fire Chief’s report dated June 2, 1997. Additionally, we recommend the Board of Supervisors look into acquiring another helicopter that’s operative through the FEPP program already equipped for water drops.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CITY OF TAFT

The Cities and Services Committee of the Grand Jury visited the city of Taft on September 23, 1997, subject to Penal Code 925A. The Mayor, Mr. William Baker and the City Manager, Mr. Eric Ziegler with his staff reported concerning the needs and goals of the city. The following material is outlined under findings and recommendations.

FINDINGS

1.

Taft has a five- year plan for responsible financial planning with a goal of moving from a deficit position to financial stability.

2.

A major goal of the city is to settle a contractual dispute with the State of California regarding operational monies for the facilities. Subsequently, the city has aligned with five other cities in litigation against the state correction authorities. They now share the expense of a paid lobbyist in Sacramento.

3.

The city of Taft, using grant money, has implemented a plan to revitalize areas of the city. Forty- two houses have been rehabilitated and thirty more have been removed.

4.

Taft has a total of 106 employees, sixty- five of whom work at the correctional facility. There are ten police officers, six firemen, ten clerical, plus other staff personnel and maintenance workers.

5.

The following are contributing factors to the success story behind the financial stability of Taft. When the film industry operates in Taft they can bring in about $ 30,000 to $ 40,000 a day. K- Mart opened a store that offers employment and needed goods and services to the community. Taft College has received a $ 400,000 grant for a dental program and sports are gradually returning to the college schedule. Finally, a new Federal prison was opened this fall.

RECOMMENDATIONS

1.

We commend Taft for the goals they have set and accomplished. We hope they will be equally inventive and industrious in their future efforts.

2.

We congratulate Taft for the success of their city revitalization program.

3.

We hope businesses will find the stability of Taft an incentive for building or locating there.

NO RESPONSE REQUIRED RAND COMMUNITIES WATER DISTRICT

The Cities and Services Committee received numerous complaints that certain individuals did not have accessibility to water. The committee conducted investigations and interviews to determine the facts about these allegations. The following governmental agencies were contacted in an attempt to resolve these complaints: Kern County Legal Counsel, Department of Health and the First District Supervisor. Additionally, inputs were obtained from the San Bernardino County Department of Health and the responsible County Supervisor.

FINDINGS

1.

The parties not having accessibility to water live in San Bernardino County. The Rand Communities Water District is located in Kern County, further complicating the situation

2.

Initially, water was provided to both parties by utilizing one water meter, which provided water to two residential properties by the installation of a tee beyond the meter. This method of providing water worked satisfactorily for many years. However, in March 1997, water to both residences was turned off because of a backflow valve problem.

3.

The local Concerned Citizens Committee, representing one of the parties, consistently tried to persuade her that she was entitled to free hook up and water for the remainder of her life. It is believed that the Concerned Citizens Committee based this misconception on a misinterpretation of legal documents. She had previously released her property to the Bureau of Land Management in exchange for allowing her to reside on the property for the remainder of her life.

4.

Non accessibility of water to both parties resulted in a " warring feud" between the parties. The Rand Communities Water District Board of Directors offered to provide a mediator to assist in resolving this dispute.

5.

The Grand Jury called a meeting on November 13, 1997 at the Rand Communities Water District Office in an attempt to resolve these complaints, thereby providing accessibility to potable water for both parties. Individuals involved in this meeting consisted of the Board of Directors for the Water District, members of the Grand Jury, and the parties directly affected.

CONCLUSIONS

1.

The Board of Directors of the Rand Communities Water District acted in a very professional manner to assure that accessibility to potable water for both parties could be achieved without violating their charter. The Grand Jury commends the Board of Directors for resolving this very difficult situation.

2.

The party, backed by the Concerned Citizens Committee, paid her deposit on November 14, 1997, whereupon the Water District proceeded to install a separate water meter and water line. Water was turned on for the subject party on December 24, 1997. Potable water will be turned on for the other party as soon as it is requested, provided the backflow valve is operational.

RECOMMENDATIONS: None

NO RESPONSE REQUIRED

PLANNING AND DEVELOPMENT SERVICES DEPARTMENT

On January 6, 1998 the Cities and Services Committee made a visit to the Planning and Development Services Department. As the name implies, this committee of the Grand Jury is assigned the mandate to study the incorporated Cities of the County, and may also study selected departments of government that provide services to the County and/ or the public. Thus, we made a study of the Planning and Development Services Department because of its role in the growth of Kern County and because of its role in the discussions relative to the need for a County Planning Commission.

FINDINGS

1.

Kern County can be proud that it has an excellent Planning Department. The Director and most of the senior staff have Masters or Bachelors Degrees in Planning. Other staff members have University Degrees in related fields. With a staff of only 25, the department has to be very creative in the management and execution of its duties.

2.

The scope of the Department’s responsibilities encompasses 23 activities. These activities range from maintenance and development of the General Plan and other Specific Plans to street name changes. Many of these activities are required to comply with Federal, State and County laws and ordinances.

3.

The most time- consuming activity of the Department is overseeing the requirements of the California Environmental Quality Act ( CEQA). The Department is the County’s lead official for CEQA, and prepares most of the Environmental Impact Reports ( EIR), Negative Declarations, and initial studies. The Department also reviews and advises on the environmental documents of other Agencies.

4.

By far the most important activities of the Department involve planning, zoning and land use compliance with existing Ordinances. One such Ordinance is called the " 2010 Plan" which was adopted jointly in1991 with the City of Bakersfield to guide the growth in the greater metropolitan area. Another plan is the " 2000 General Plan" adopted in 1982 by Kern County to guide growth in the rural areas of the county. As growth patterns emerge, these plans require adjustments, which the Department is presently studying with the " General Plan".

5.

Although the Planning Department is a part of County’s Resource Management Agency, it is relatively autonomous, and answers directly to the Board of Supervisors on planning, zoning and land use decisions. The Board always makes the final decision

6.

In 1981, in an attempt to save money and speed up the process of land use development, the Board of Supervisors voted to abolish the Planning Commission, traditionally, an intermediate decision advisor between the Planning Department’s initial recommendation and the Board of Supervisor’s final decision. Except for a few cases permitted by legislative law, the Planning Commission had no authority over planning amendments or zoning changes.

7.

Subsequent to abolishment of the Planning Commission two auxiliary groups were established to aid both the Board and the Department in the decision- making process. One group is called the Board of Zoning Adjustment ( BZA) with authority to issue Conditional Use Permits, Surface Mining Permits and Secondary Residential Unit Permits. The other group is called the Planning Advisory Committee ( PAC), which advises the Department and the Board only in possibly controversial cases of large land parcels with complicated land- use possibilities. The PAC makes no decisions, it just advises. The decisions made by the BZA may be appealed to the Board of Supervisors.

8.

In addition to the two groups mentioned above, who always seek public input, the Planning Department expanded its activity to include at least two public hearings in cases where there are differences.

9.

Another development resulting from dissolving the Planning Commission has been the commitment by the Board of Supervisors to devote its entire bi- weekly Monday meeting to matters brought by the Planning Department. This commitment has increased the preparedness- level of the Board considerably.

10.

A popular misconception espoused by many is that members of a Planning Commission are " professional planners". This is very seldom true, members of a Planning Commission are chosen by the Supervisors themselves. Rarely is the selectee a " college- trained certified planner". More often the selection is based on other qualifications not germane to unbiased planning abilities.

CONCLUSIONS

1.

Those who publicly recommend the formation of another Planning Commission do so because they feel the " public" deserves more of a chance to be a part of the process. It is questionable whether they understand the system that now exists. There is already ample opportunity for the " public" to be heard, before a final hearing and decision is made by the Board.

2.

Those who are publicly against formation of a Planning Commission do so because " another level of government" is not necessary and only adds to the cost of government. This is true only if the procedures now in operation continue to operate. Another level is necessary if the Board does not expend every effort to see that the public’s best interest is maintained.

3.

This so- called " public" that both sides talk of is not the general " you and I" public, but a public that wants to be heard because it has a proprietary interest in having planning and zoning decisions made in their favor. RECOMMENDATIONS

1.

The County of Kern, through its Board of Supervisors, should make public its pride in a Planning Department that is performing a difficult mission with outstanding quality of achievement.

2.

The Board of Supervisors should abandon its consideration for establishment of a Planning Commission. Instead, the Board should renew its determination to conduct planning procedures as currently performed.

3.

If the Board insists on spending some more money on planning, in lieu of a Planning Commission, this Grand Jury suggests the Board hire a professional planner or two to serve all of the Board members as a field representative in their efforts to reach fair and unbiased planning decisions.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CITY OF MARICOPA

The Cities and Serviced Committee made its annual visit to the city of Maricopa, pursuant to Penal Code Section 925A, on September 23, 1997. During this initial visit, the committee met with Mr. Alan Kapanicas, the City Administrator, and Mr. Gary Biggerstaff, the Chief of Police. Subsequently, the committee met with the five City Council members individually, on January 27, 1998. Additionally, the Administration and Finance Committee and the Law and Justice Committee investigated a number of complaints issued by the residents of Maricopa. This report incorporates the findings from these visits.

FINDINGS

1.

The implementation of a police department with 24- hour coverage was expressed as one of the most important recent accomplishment in the city. Previously, police coverage of only six hours per day was provided under contract with the City of Taft. The six man police department with three full time and three part time officers was started in 1996. Additionally, the police department purchased used vehicles from various police agencies to minimize city expenditures.

2.

Mr. Kapanicas, the City Administrator, resides outside of Kern County and serves as a part time administrator of the city. He meets with the City Council on the fourth Wednesday of each month. During his absence from the city, which is usually the remaining 29 days each month, the Chief of Police acts as the administrator in his absence.

3.

The sewer system is currently near capacity and in constant need of repair. Currently, only approximately sixty percent of the residents are hooked up. It is anticipated that only minimal city growth can be forecast.

4.

The Maricopa Advisory and Recreation Committee ( MARC), a non- profit organization, was established to provide a recreational program for Maricopa’s youth. An existing ball field was restored to provide recreational opportunities and a youth league was subsequently started.

5.

Funds donated to MARC for the Senior Center were combined with the general funds. The seniors and volunteers that were in charge of the center were not allowed to form their own governing board as of February 10, 1998 when this report was written. Council members indicated that a meeting was scheduled with the County Department of Aging to assist in establishing their own governing board and possibly obtain grant monies.

6.

The Chamber of Commerce has backed Gusher Days, an annual event held in March.

7.

The parking of trucks on city streets, an issue of numerous complaints, has been resolved. The existing city ordinance was repealed, allowing trucks unrestricted city street parking for one year. This concept will be evaluated after one year to determine if truck parking on city streets will be allowed in the future.

8.

In regard to the allegation of unauthorized sewage dumping, an individual has been confronted, resulting in no further evidence of illegal dumping.

9.

Mr. Kapanicas reported that the city’s goals are to be debt free, to improve cash flow and to bring new business to Maricopa. Recently, a Texaco mini- market has opened. In conclusion, Mr. Kapanicas stated, " The City could survive if they did nothing."

10.

It was apparent to this Grand Jury that the Brown Act and Robert’s Rules of Order were ignored at various times during meetings.

RECOMMENDATIONS

1.

The City Council should consider hiring a qualified, part time administrator that lives within the area which will allow the individual to be more accessible when needed, thereby, eliminating the need for an acting city administrator, who is currently the Police Chief.

2.

The City Council and MARC should follow the Brown Act and Robert’s Rules of Order during their meetings to ensure beneficial relations and protocol.

3.

The Chamber of Commerce should have the authority for directing Gusher Days.

4.

The Council should schedule a " town meeting" to solicit ideas for future city growth.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

CITY OF RIDGECREST

The Cities and Services Committee made its initial visit to the city of Ridgecrest, pursuant to Penal Code Section 925A, on December 2, 1997. During the initial visit the committee met with Mr. Kenneth Kelley, City Administrator and Mr. Rodger Ward, Director of Finance.

FINDINGS

1.

The Naval Weapons Center at Ridgecrest is the largest employer in the area. The reduction in defense spending has reduced jobs in the area by thirty percent since 1990, which has caused a large drop in housing prices, fewer students in schools and a declining tax base.

2.

The Indian Wells Valley 2000 Committee was formed in 1992 by the City, local businesses and the Navy. This is the community working together to promote and search for new businesses. The Retirement Sub Committee has advertised the area as a retirement center and attracted fifty new residents. The Committee has been promoting the filming industry to the area and has brought in some jobs and revenue.

3.

There is a marketing study underway which is funded by the Department of Defense to evaluate/ determine the types of businesses/ industries beneficial to the area caused by the reduction in workforce. It is anticipated that this study will be completed in mid spring 1998. There is a full time recruiter working with the marketing study. The joint community economic development committee is trying to recruit businesses that would only be two hours away from large market areas such as Los Angeles.

4.

The City has been very active in widening and improving arterial streets. They received a regional award from the Kern Council of Governments for their alternate transportation bike trail plan.

5.

The existing waste water treatment plant is a sludge treatment type which is 1950’ s technology. The City’s plans for the future are to switch to a tertiary type system which removes fine particles, nitrates and phosphates from the waste water. The new system is more energy efficient and allows the water to be used for irrigation.

6.

The police and A community team have joined together to eliminate the graffiti in the area. They also have volunteers who stake out areas to apprehend offenders.

7.

The Ridgecrest Business Technology Incubator Center " think tank" is an organization to research the technical library of the Naval Weapons Center for technology transfer to the private sector. This organization can be used like an incubator to promote the growth of new businesses.

8.

The City wants to implement a fee for services program. A person who wants the service is required to pay 100% of the cost. Hopefully, this will reduce the desire for unlimited service and reduce taxes.

RECOMMENDATIONS

1.

The Grand Jury commends the city of Ridgecrest for their effort in trying to offset the results of the reduction of workforce at the Naval Weapons Center. The community involvement should continue with workshops and open town meetings to search for creative ideas.

2.

The City should continue discussions with the Department of Defense as to the long- term plan for the Naval Weapons Center. Additionally, the City should solicit help in this endeavor from the congressional representatives.

NO RESPONSE REQUIRED

CITY OF SHAFTER

The Cities and Services Committee made its initial visit to the City of Shafter, pursuant to Penal Code Section 925A, on September 9, 1997. During the initial visit the Committee met with Mr. John Guinn, City Manager.

FINDINGS

1.

The City Council started a program called the Vision Project in 1989 in an attempt to gather more community input in developing plans for the future. Approximately 3000 residents of the community participated, which resulted in six issues being surfaced, namely; public safety, creating jobs, schools, downtown, emergency medical care and recreation. In May 1996, the Council focused on a new " Vision" project and appointed a steering committee to again make the project a community driven effort. Inputs from the residents mandated that the City be run like a business with a stewardship type of government. The findings culminated in the publication of the final report in November 1996. The Steering Committee applauded the City Council for its efforts to place the design of Shafter’s future in the hands of the community.

2.

The International Trade and Transportation Center ( Foreign Trade Zone) was established on the recently annexed area extending the city limits to Seven Standard Road. This annexation increased the city from the previous 12.0 to 18.6 square miles. The Foreign Trade Zone is tied to the Port of Los Angeles. Therefore, any products that enter the Port of Los Angeles and are transferred to the Foreign Trade Zone remain duty free until they leave the federally designated trade zone.

3.

The City has had a balanced budget for the last fifteen years.

4.

Shafter, like Bakersfield, is a charter city, which gives it greater local control versus the general law type of government. These two cities are the only charter cities out of the eleven incorporated cities in Kern County.

5.

The City is continuing to diversify the industrial areas with international companies, for example, KWH Pipe ( Canadian owned). Additionally, Elk Manufacturing, an asphalt shingle manufacturer, located in Shafter, is advertised as the most advanced and modern asphalt shingle manufacturer in the world.

6.

The Correctional Facility, located in Shafter, employs 60 people. The City receives compensation for expenses and a service fee for operating the facility.

RECOMMENDATION

1.

The Grand Jury commends the City of Shafter for its foresight in establishing the Vision Project, which allows for future City planning and growth from " grass roots" inputs. This Vision Project should be continually maintained as a living document. Additionally, by following the priorities established by the Vision Project, City operations and management are in concert with the residents’ desires.

NO RESPONSE REQUIRED

HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE

The Health, Education and Social Services Committee had the broad responsibility of examining and reviewing the numerous county agencies with a direct relationship to health, education and social services. Due to our time constraints, we were unable to visit all agencies that fall within these categories; we tried to visit as many as possible. Among the agencies visited were:

Beale Memorial Library

Rathbun Library

Kern County Office on Aging

Rasmussen Senior Center

East Bakersfield Senior Center

Niles Street Senior Center

Bakersfield Senior Center

Maricopa Senior Center

Kern County Mental Health Services

Kern Medical Center

Kern Valley Hospital at Lake Isabella

Tehachapi Hospital

Taft Hospital

Department of Veterans Affairs

Kern County Superintendent of Schools

Standard School

Beardsley School

Elk Hills School at Tupman

Kern Council of Governments

Clinica Sierra Vista

Union Cemetery

Kern County Museum

Kern County Parks and Recreation Department

Buena Vista Aquatic Recreation Area

Hart Memorial Park

Based upon these visits, we chose to report on the following departments, agencies and subject matters:

Bakersfield Senior Center

Bryce C. Rathbun Library

Clinica Sierra Vista

Conflict of Interests

Elk Hills School District

Hart Park

Kern Council of Governments

Kern County Library System

Kern County Museum

Kern Valley Hospital

Tehachapi Hospital

We met with management, examined budgets, talked with employees, toured the facilities and attended public informational presentations. We were cordially received in each area visited and thank each Department Head and their employees.

INFORMATION REGARDING

CONFLICTS OF INTEREST

INTRODUCTION

During the term of the 1997- 1998 Kern County Grand Jury, the committees have had contact with numerous government agencies, boards and special districts.

Among the numerous groups contacted were City Councils, School Boards, and Governing Boards of Senior Centers, School Districts and Hospital Districts.

It came to the attention of the Grand Jury that some members of some of these various government entities were either ignoring, unaware of or poorly informed as to the provisions of Government Code Section 1090, and the possible serious consequences of violations of this Conflict of Interest Statute.

RECOMMENDATION

All present and future members of government bodies should thoroughly review Government Code Section 1090, so that lack of knowledge thereof does not lead to inadvertent violations. Training seminars, which include a study of conflicts of interest, should be attended.

Government Code Section 1090

" Members of the Legislature, state, county, district, judicial district, and city officers and employees shall not be financially interested in any contract made by them in their official capacity or by any body or board of which they are members. Nor shall state, county, district, judicial district and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.

" As used in this article, ' district' means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries."

NO RESPONSE REQUIRED.

BAKERSFIELD SENIOR CENTER

INTRODUCTION

The Health, Education and Social Services Committee visited five Senior Centers in Kern County on the dates indicated:

Rasmussen Senior Center in Oildale

July 29, 1997

Richard Prado Senior Center in East Bakersfield

August 1, 1997

East Niles Senior Center in Bakersfield

August 4, 1997

Bakersfield Senior Center ( Fourth Street)

August 31, 1997

Ben Austin Senior Center in Greenfield

October 30, 1997

The objectives of these Senior Centers are to enhance the lives of Senior Citizens by providing and operating a meeting place where these citizens can receive transportation assistance, engage in social activities, receive nourishing meals for a reasonable cost and learn of services which enable them to better cope with their lives.

As a result of these visits, our committee has chosen to report on the Fourth Street Senior Center. Our reason for choosing Fourth Street is because it appears to have more problems than other Senior Centers.

FINDINGS

1.

Each Senior Center is governed by a Board of Directors selected or elected by its members. The Board at Fourth Street is composed of fifteen members, although at the time of this writing there are several vacancies. Board members are volunteers receiving no compensation.

2.

While most Senior Centers operate within their budgets, Fourth Street has had continuing financial problems. At the time this report was being prepared ( December 1997) the Center was operating with a deficit budget. Funding has decreased in part because of inconsistent management, an inattentive Board of Directors and an apathetic membership.

3.

The transportation program and the nutrition program which are usually operated by some Centers independently were both taken over by other agencies for the same reasons as noted above.

4.

In January 1998, a new President of the Board of Directors, Al Duncan, was elected with the hope that the Senior Center can again become a viable, worthwhile organization.

RECOMMENDATIONS

This Grand Jury strongly suggests that cooperation be given to the new Board President by all concerned agencies such as the City of Bakersfield, Kern County Office on Aging, Kern Council of Governments, United Way of Kern County and the Fourth Street Senior Center Board to accomplish the following:

1.

Hire a new Executive Director as a permanent employee, with management skills necessary to assist the Center in identifying and resolving issues that are affecting the Center's growth and prosperity.

2.

The Center should make use of available vans for their transportation program, providing the program is administered by an experienced, skilled specialist. Funds for the transportation program should be restricted exclusively to costs related only to the program and not for administrative purposes.

3.

The Board of Directors should seek more membership from the business community and its senior clients to fill vacancies.

4.

The Board of Directors also should carefully evaluate progress monthly. This should include monthly financial reports, monthly Board of Directors minutes and monthly staff reports to the Board.

5.

The Board should investigate the potential at the Center to plan in the future for Child Care, Youth Activities, Senior housing on premises, Adopting a Grandparent Program and other programs that will serve to meet the needs and increase revenue and visibility of the Center in our community.

6.

The Center should continue to provide historical fund raising events and to carefully plan other viable events that could help generate income for their programs.

7.

The Center should apply for City and County Block Grant assistance to help with the building maintenance and should approach major funders, where senior issues are a priority, for support and representation on their Board.

8.

The Board should explore all volunteer possibilities to assist with staff needs and to help develop needed programs. The Senior Organization of Retired Executives, a volunteer group of retired executives, could be an excellent resource to help with the administration of the Center until funds are secured to hire a director.

9.

The Center should work with the Office on Aging to seek assistance with expenses related to the meal program. The Center should confirm and assure that all meals are donations by the senior and not a set fee.

It is also recommended that the Center membership be surveyed to allow for their input on programming and services. It is also important that the survey allow for their concerns and solutions to some of the meal, transportation and facility problems. The Grand Jury feels that this could be instrumental in rebuilding the health of the organization.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

BRYCE C. RATHBUN LIBRARY

INTRODUCTION

On July 27, 1997, the Health, Education and Social Services Committee of the Kern County Grand Jury visited the Bryce C. Rathbun Library on China Grade Loop in Oildale. The following is the report of the Committee based upon its review of the Library.

The Kern County Board of Supervisors, on March 19, 1917, established a branch library in Oildale. The original location of the library has been forgotten over the years.

In 1921, the library was moved to the Oildale Pharmacy where it shared quarters with the post office and the drug store.

After being in several locations, the construction of the Oildale Branch Library was begun. In September of 1931, the library at 1119 North Chester Avenue was opened.

In the planning for the present library, many possible locations were considered and the present site at 200 West China Grade Loop was purchased. On November 24, 1979, the Board of Supervisors voted to name the new library for Bryce C. Rathbun, a long time resident of the area; a hero in World War II and the Superintendent of Standard School for 28 years.

FINDINGS

1.

The staff of Bryce C. Rathbun Library consists of 6 employees and 8 volunteers to serve the public. The volunteers do a magnificent job helping the young children as well as the adults.

2.

In January 1997, a grant from the California State Library was made to the Bryce C. Rathbun branch, the Eleanor N. Wilson branch and the Southwest branch in the Bakersfield area and to the Wanda Kirk branch in Rosamond. This grant was for participation in the " Grandparents and Books" program. Rathbun Library received a grant of $ 5,000 for this program. Three days a week, for one and one- half hours, volunteers read to the children from the neighborhood elementary schools.

3.

Rathbun Library serves a population of over 30,500 in the Oildale area. Sixteen percent of the population is between the ages of 3 and 12. Fifteen elementary and junior high schools in the area serve nearly 6,000 students.

4.

Rathbun Library has three computers and specially trained personnel to assist in the use of them. To assist parents in the use of a new technology for fun and learning, a brochure can be obtained from the American Library Association Public Information Office; 50 E. Huron Street, Chicago, Illinois 60611. The Internet, World Wide Web and Cyberspace are words used to describe this most innovative and exciting learning tool of this century. These " web sites" can help children with their homework, hobbies and other special interests.

5.

Rathbun Library also has a collection of audio and video tapes for borrowing by the public.

6.

If a member of the public needs a book that is not in the Rathbun Library collection, a copy can be obtained by intra- library loan at a charge of fifty cents.

7.

The Committee found that this library, which is located across the street from North High School, is readily accessible to all residents of Oildale. Furthermore, the staff is well qualified to help the public.

8.

Rathbun Library opens at 10 a. m. on Monday through Thursday and at 9 a. m. on Saturday. It closes at 8 p. m. Monday, Tuesday and Thursday; at 6 p. m. on Wednesday and at 5 p. m. on Saturday. The library is closed Friday and Sunday. The convenient hours of Rathbun Library and its knowledgeable staff make it a benefit to Oildale.

RECOMMENDATION

When additional monies become available in the Kern County Library budget, another staff position should be added for a person with a bachelor degree of Library Science or higher.

NO RESPONSE REQUIRED.

CALIFORNIA LIVING MUSEUM

A Partner with the

Kern County Superintendent of Schools

Introduction

The California Living Museum ( CALM) is situated on 88 acres near the Kern River at 14000 Alfred Harrell Highway. CALM is home to 200 animals native to California. It also houses a botanical garden, an aviary and natural history artifacts that serve Kern County children and many others who visit CALM each year.

Despite the wonderful asset CALM provides our community, it has always struggled financially to cover operational costs, not the least being to feed the animals that consume hundreds of pounds of food each day. Most of the grants received by CALM can be used only for specific projects rather than to offset operational costs. The CALM board of directors realized that the considerable competition among nonprofit groups for funds in our community made it extremely difficult to obtain an adequate operational funding cash stream.

Earlier this year the Kern County Superintendent of Schools was approached by the CALM board of directors and asked to partner with CALM so the facility would not have to consider shutting down. Working with CALM president and chief executive officer David Parker and educational staff within the county superintendent’s office, it was agreed that cash flows at CALM could be increased and student learning enhanced if more focus was placed on CALM’s instructional component. The superintendent of schools agreed to work with CALM because it provides a direct benefit to local education and enhances Kern residents’ quality of life options.

Findings

CALM can be a tremendous educational resource to the classrooms of Kern County. Science instruction can be greatly enhanced through hands- on experiences at CALM. In addition, CALM can provide students with work experience and service learning opportunities. In other words, CALM can become a living, real- life classroom for many Kern County students. The partnership also opens the door to specific educational grants that can enhance and expand the exhibits.

CALM will be leased to the Kern County Board of Education. An advisory committee will be created consisting of four educators and three members of the current CALM board of directors. Day- to- day operations will be under the direction of the Kern County Superintendent of Schools and CALM employees will become part of the county superintendent’s staff. Volunteers always have and will continue to play a critical role at CALM. There are plenty of projects and work to keep many more community volunteers busy. At the same time, a visit to CALM clearly shows that help from a much larger pool of resources is vital to keep CALM viable. Volunteers are critical to CALM’s existence and mission.

Conclusion

The partnership between CALM and the county superintendent offers the potential to put in place a long- term solution and, like the Kern County Museum, preserve and enhance a wonderful quality of life asset for children and adults today and in the future.

No Response Required.

CLINICA SIERRA VISTA

INTRODUCTION

On October 27, 1997, the committee on Health, Education and Social Services visited the principal headquarters of Clinica Sierra Vista which is located at 8787 Hall Road in Lamont, California. The organization was founded in 1969 and became incorporated August 5, 1970, as the Kern County Liberation Movement Health Community, Inc., a California non- profit corporation. The corporate name was changed to Clinica Sierra Vista in 1975.

FINDINGS

The primary purpose of Clinica Sierra Vista is to provide health care services to medically underserved populations. The Clinic receives many grants ( too many to list) from the Federal, State and local governments. It operates a medical and dental clinic in Lamont, California, and medical programs in Frazier Park, Delano, Wofford Heights, Bakersfield, Death Valley, McFarland, Taft and Ridgecrest, California. A medical mobile unit is also servicing these communities with an immunization program.

After conferring with members of the management team for approximately three hours, an extensive tour of the clinic in Lamont was made. This visit was made on a Monday morning; thus, it was noted to be bustling with many patients, ranging from infants to seniors. Considering the patient traffic, the clinic was relatively clean and well managed. The medical and dental examining and treatment rooms, which are several in number, were immaculate and contained the most modern type of equipment.

A pharmacy, which offers patients medications at a reasonable price, is also located on the premises.

RECOMMENDATION

We commend your organization! Continue to render the same uncompromising medical and dental services to the underprivileged and underserved patients of the community.

NO RESPONSE REQUIRED.

ELK HILLS SCHOOL DISTRICT

INTRODUCTION

The 1995- 1996 Grand Jury found that a state of unrest or " turmoil" had existed in the Elk Hills School District for the past eight years. This " turmoil" had resulted in: ( 1) three recall elections for board members ( 1992, 1993 and 1996), ( 2) annexation proposals with the Buttonwillow School District, and ( 3) seven school administrators since 1992. The operation of the present Board of Trustees and Superintendent has resulted in the stability that was previously lacking. The continuity of administration has a positive effect on the learning environment of the children attending Elk Hills School.

FINDINGS

On November 20, 1997, the Health, Education and Social Services Committee of the 1997- 1998 Kern county Grand Jury visited the Elk Hills School in Tupman. The purpose of this visit was to familiarize ourselves with the Elk Hills School and to review the progress made on the recommendations made by the 1995- 1996 Grand Jury, particularly with respect to community participation, School Board unity and stability of the District Superintendent's office.

The escort on our inspection of the school was the Superintendent. Our tour of the school included the classrooms, the office, the new library and the new computer lab/ classroom lined with Gateway 2000 computers. An explanation was made of the changes made in the last two years, both in the operation of the school and in the activities of teachers, students, staff and parents, plus the positive changes in the physical facility.

The Committee became aware of the following positive observations:

1.

The school grounds, corridors, offices and classrooms were particularly clean and well maintained.

2.

The children in the classroom that we walked through were diligently pursuing their studies, and there was a pleasant atmosphere in the classroom between the children and their teacher that could best be described as an enthusiasm for learning.

3.

The new library had been remodeled into a larger room with windows, providing a much brighter, inviting location. It was explained how children used the library and how they could check out books for reading at home.

4.

It was also explained how funds had been obtained to replace roofs on some classrooms.

5.

The cafeteria serves both breakfast and lunch to the children. Breakfast is a particularly important meal, especially to the children in the Tupman area. The Committee ate lunch at the school cafeteria, where the meal was found to be tasty and nutritious, served by pleasant staff from a cafeteria and kitchen that were immaculate.

6.

With a school population of 65 children, 17 children fall into the special education category. The services of a special education teacher has been obtained from the Office of the Kern County Superintendent of Schools and this program is taught in an efficient manner that is of benefit to the entire student body of Elk Hills School.

7.

Curriculum and school books have been updated, indicative of positive stability in the school administration.

8.

A computer lab has been installed in a previously unused classroom. The children at Elk Hills School have been taught the use of the 10 Gateway 2000 and 10 IBM compatible computers that line the walls of this classroom.

9.

The cooperation and friendship between teacher, children, staff and the Superintendent were impressive. It is apparent that the School District is making a successful effort to comply with previous Grand Jury recommendations for the children's benefit.

The Health, Education and Social Services Committee of the 1997- 1998 Kern County Grand Jury was favorably impressed with the overall educational environment of the District. This environment contributes to the success of the students, the staff and the administration.

At its meeting on December 16, 1997, the Elk Hills School District voted to extend the contract of the Superintendent for one year. The announcement of this contract renewal was greeted by spontaneous applause by all members of the audience.

RECOMMENDATION

The 1997- 1998 Kern County Grand Jury recommends that the Elk Hills School District enter into a multi- year contract with the current Superintendent.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

HART PARK

INTRODUCTION

In 1921, at the suggestion of citizens and organizations such as the Caledonia Masonic Lodge of Bakersfield and the American Legion, the Kern County Board of Supervisors began procedures to purchase 345 acres of land along the south bank of the Kern River approximately 12 miles east of Bakersfield for the purpose of developing a park.

This land had been used for years as grazing land with an abundance of wildlife such as antelope, deer, etc. A predominant feature of the land was sulfur springs known as Barker Springs in memory of a former landowner, John Barker. Other pioneer names of landowners included Solomon Jewett, John T. Anderson, Henry Miller, and Charles Lux. Barker Springs consisted primarily of several covered concrete " tubs" in which bathers sat while the sulfur water flowed into the tubs then out into a large undeveloped pond sometimes used as a swimming- hole.

In 1927, at the insistence of Supervisor John Hart, construction began on the recreational park facility which was to be known as Kern River Park. Citizen interest was kept alive by the Bakersfield Californian and the Bakersfield Morning Echo newspapers. Interest was also maintained by the donation of trees and shrubs from twenty- three civic and fraternal organizations. May 24, 1929, was the opening day of the park and the May 26 issue of the Bakersfield Californian reported that over 12,000 people in 2,500 cars had attended the festivities.

FINDINGS

1.

In July 1947, Kern River Park was formally renamed Hart Memorial Park as it is now known.

2.

Although changes are continually made, the principal facilities of picnicking, boating, fishing, hiking and riding remain. Children's playgrounds are numerous, as are barbecue stanchions, tables and benches. At one time concessions included a zoo, children's merry- go- round, junior rollercoaster, water slide, water skiing facilities and a swimming pool. The only concession at present is a refreshment stand/ boat rental facility.

3.

Restroom facilities are improved at regular intervals, sometimes by building new, occasionally by remodeling. Maintenance was found to be somewhat lacking as spiders and wasp nests were found in some of the restrooms.

4.

The park hours are from 7: 00 a. m. to 10: 00 p. m. daily. Alcoholic beverages may be consumed in the park only if a permit has been obtained.

5.

Wildlife still abounds in the park, such as ducks, geese and especially wild peacocks which roam at will throughout. In the evening, wild animals such as raccoons, beavers, possums, several varieties of skunks, kit foxes egrets and hawks are often seen.

6.

Free reservations may be made for larger picnic areas by groups. There are several such areas available and they are used frequently.

7.

Although it does not compare with New England, the fall colors of the variety of trees in the park create a beautiful scenic panorama at that time of year.

RECOMMENDATIONS

1.

This Grand Jury is aware of budget restrictions imposed by the County, but it is our suggestion that when more tax monies are available the Hart Park budget be increased for the replacement of out- dated equipment.

2.

The Kern County Parks and Recreation Department should be more aggressive in advertising and promoting the outstanding recreational qualities of Hart Park, particularly in cooperation with local businesses and other agencies.

3.

Sanitary equipment should be placed in the women's restrooms.

4.

All restrooms should be treated more frequently to control spiders and other insects.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNCIL OF GOVERNMENTS

INTRODUCTION

Kern Council of Governments ( Kern COG) was formed in 1971 with the execution of a " joint powers agreement" by the eleven incorporated cities in Kern County and the County of Kern. Kern COG was commissioned to serve as the area wide transportation planning agency and as a regional forum for solving problems common to multiple jurisdictions or agencies. As such, Kern COG represents one of the few institutions where the cities, the county and others converge to address mutual problems on a regular and on- going basis.

To enhance its role in intergovernmental coordination, Kern COG has entered into memorandums of understanding and cooperative agreements which clarify the specific responsibilities of Kern COG and the following agencies:

Kern County Air Pollution Control District

San Joaquin Valley Unified Air Pollution Control District

California Department of Transportation

Kern County Office on Aging

Edwards Air Force Base

Naval Air Weapons Station - China Lake

Minter Field Airport District

Indian Wells Valley Airport District

California Office of Planning and Research

California Department of Finance

Golden Empire Transit District

Metro Bakersfield Consolidated Transportation Service Agency

Kern Motorist Aid Authority

Kern Congestion Management Agency

Tulare Council of Governments

Kings Council of Governments

Fresno Council of Governments

Madera Council of Governments

Merced Council of Governments

Stanislaus Council of Governments

San Joaquin Council of Governments

Kern COG operates on a budget of approximately $ 1.8 million per year with a full time staff of fourteen. Kern COG has overseen the following major projects in the past few years:

State Route 58 Realignment Study in Mojave

Kern River Freeway Environmental Impact Report

Kern County Roadside Call Box Network

High Speed Rail Evaluation

Amtrak Station Relocation Study

Major Metropolitan Transportation Investment Strategy

Numerous Transit Development Plans

Areawide Bikeway Development, including the Kern River Bike Path

FINDINGS

In carrying out its coordination activities, Kern COG performs the following major functions:

Local Clearinghouse. In accordance with Executive Order 12372, Kern COG is designated the local Clearinghouse for the Kern County region. Kern COG's primary responsibility is to review and comment on local applications for state and federal funding assistance. The local clearinghouse process is designated to provide an opportunity for inter- jurisdictional coordination of federal and federally assisted activities within state and regional localities.

Affiliate Data Center. The California Department of Finance has designated the Kern COG as the state- designated Affiliate Data Center for Kern County. The network of data centers throughout the state is recognized by the census bureau as California's State Data Center for the decennial census and all other census programs. Kern COG provides assistance to census data users, maintains a publicly- accessible collection of census bureau reference and statistical publications and determines the need for census workshops within Kern County. The Executive Director of Kern COG is the " key person" in charge of coordinating activities in this area for the upcoming year 2000 census. As the state- designated Affiliate Data Center, Kern COG produces Kern Data Books.

RECOMMENDATION

It appears that the general public is not well informed as to the functions of Kern COG and as to the importance of its role in local government. The 1997- 1998 Grand Jury recommends that Kern COG undertake a program of public relations and public information through the local media to overcome this lack of public understanding.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNTY LIBRARY SYSTEM

KERN COUNTY HISTORICAL COLLECTION

INTRODUCTION

The Kern County Library System, at its Beale Branch, has an outstanding Kern County Historical Collection which is particularly noteworthy in this Bakersfield Centennial year. The collection was established by John D. Henderson, who served as Kern County Librarian from February 1933 to August 1937.

FINDINGS

1.

The collection consists of an extensive holding of books, articles, documents, letters, maps, etc., covering the history of Kern County from its early beginnings.

2.

Since it is a reference collection, its items do not circulate.

3.

While the collection is used by many patrons of the library, its value is such that much wider use should be made of it.

4.

Because of the nature of the subject matter, the library should make every effort to expand the collection.

RECOMMENDATIONS

1.

The Kern County Library System should carry on a continuing program of soliciting donations to the collection of additional books, maps, documents and articles relating to Kern County History. This might include an extensive collection of yearbooks from the various Kern County schools.

2.

The Kern County Library System should coordinate use of the collection with the various Kern County school districts. In this way more students would become acquainted with the collection and with its value in the study of Kern County history.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNTY MUSEUM

INTRODUCTION

The Kern County Museum is located at 3801 Chester Avenue. Its primary mission is to provide a general museum of history and culture. The Museum was established in 1941. It is on 104 acres of river front property that is owned by the County of Kern and is located within the City of Bakersfield

Due to the County's declining ability to finance the operation and activities of the Museum, on June 3, 1997, the Kern County Board of Supervisors authorized the County Administrative Office and the Museum Director to form a work group to explore a partnership, through a joint powers agreement ( JPA), with the Kern County Board of Education for the operation of the Museum.

FINDINGS

After much study the Kern County Board of Supervisors and the Kern County Board of Education entered into an agreement to establish the Kern County Museum Authority. The initial membership of the Museum Authority Board consists of the following, serving ex officio:

1.

Two members of the Kern County Board of Supervisors as selected by that Board.

2.

One member of the Kern County Board of Education as selected by that Board.

3.

The Chairperson of the Museum Foundation.

4.

The Kern County Superintendent of Schools.

5.

The Kern High School District Superintendent.

6.

The Bakersfield City School District Superintendent.

7.

The Panama- Buena Vista Union School District Superintendent.

8.

One member of the City Council of the City of Bakersfield as selected by that body.

The County of Kern will continue to own the Museum property as well as the current Museum collection and all other assets of the Museum. The property and improvements will be leased to the Museum Authority for its use in the operation of the Museum and in support of its activities. The lease does not provide for the County to receive any compensation for the first three years; thereafter, a level of compensation may be negotiated. The current uses of the Museum site include:

1.

The Kern County Museum ( 16 acres) is in a park- like setting consisting of:

a)

56 historical buildings in Pioneer Village.

b)

Other outdoor exhibits ( e. g., petroleum, agriculture).

c)

Lori Brock Museum for Children.

d)

Collections of Artifacts ( e. g., Indian, doll, clothing, guns, carriage/ vehicles, historical photograph collection).

2.

There is a vast amount of artifacts in storage at the Museum which has not been catalogued due to lack of staff.

Already improvements to the grounds have been made and efforts were rapidly put in place to develop the Museum's educational component which is critical to increasing participation at the Museum and could well help to provide a more reliable cash stream. The fact that three school districts sit on the new museum Board suggests the potential for increased use, traffic and activity.

The composition of the Board also increases opportunities to form partnerships with other groups and organizations which are committed to improving the quality of life in our community.

The collections at the Museum are many --- so many in fact that much is not displayed due to a shortage of exhibit space. It is hoped that the master plan will address this issue along with ways to make the complex a more desirable place to visit.

Also on the horizon is an expanded oil museum which will go far in telling the important role that oil has played in the economic development of our county. The fact that oil contributes 33 percent to Kern's property tax base underscores its importance in our county.

The Museum is much like a diamond in the rough. It is a true community treasure that many more of our citizens should discover, support and enhance. The Kern County Grand Jury looks forward to seeing how this community asset is enhanced under the new leadership which came into being January 1, 1998. The Grand Jury is hopeful that, when completed, the master plan will become a blueprint for the future that is taken seriously by all who can influence the development of the Metro Complex. Such an asset must be properly planned to give taxpayers the highest and best use possible. Meanwhile, community, business, civic and media support should go far in showcasing this community treasure.

RECOMMENDATIONS 1.

The County of Kern should have a strong input in the master plan for the Metro Complex.

2.

The Kern County Museum Authority should make every effort to increase community participation in the further development of the Museum. This should include a concerted effort to search out and involve pioneer families of Bakersfield and Kern County. These families comprise an invaluable resource of knowledge and experience which will go far in enriching the program of the Museum.

3.

The Kern County Museum Authority should develop and implement a master calendar of events and displays to increase community awareness of the riches which are available at the Museum.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN VALLEY HOSPITAL

INTRODUCTION

Approximately 45 miles east of Bakersfield lies the man- made Lake Isabella and the surrounding communities. This area is a haven for many retirees and many boat and fishing enthusiasts. Along the South Fork of the lake is an acute hospital which services some 22,000 long term residents who live around the lake and the surrounding mountain- sides.

Kern Valley Hospital District was established on November 23, 1964. Some four years later an acute hospital with 24 beds was opened in May 1968. Three intensive care beds were added in 1975. A skilled nursing facility ( SNF) with 74 beds opened its doors in July of 1992. In addition to the above, a service center building was constructed, containing a new kitchen, self- serve area, large dining room, a laundry and a large therapy center. A modern helipad for air lifting patients is located on the northeast corner of the property.

FINDINGS

1.

The overall appearances of the acute hospital and the skilled nursing facility were most appealing. The exteriors and interiors were immaculately clean and well kept.

2.

The acute hospital has been approved by the Joint Council on Accreditation of Health Care Organizations for a period of three years. Their survey promotes better management and quality care of the patients.

3.

The current daily census of the acute hospital varies from 30% to 40% of capacity. As of the date September 23, 1997, the skilled nursing facility is at maximum capacity.

4.

The SNF was constructed in 1992 at the cost of 20 million dollars. The monies were also used for the infrastructures ( new sewage treatment plant, the service center building, a large mechanical room which houses the main electrical panel and air- conditioning plant, etc.). Reimbursement of the construction loan is on schedule.

5.

A rural clinic was established to render economical medical aid and to help defray the operational expenses of the acute and chronic hospitals.

6.

To service the residents of the community, a retail pharmacy which is operated by the hospital is presently earning approximately $ 75,000 per month.

7.

The fluctuating profits and losses of the hospital, which have been reported in the recent past, were due to the fact that the financial statements were in error because the usual medicare and medicaid allowances were not taken into consideration when computing the financial monthly statements.

8.

The hospital lawyers have rendered their opinion that conflicts of interest were not legally present.

9.

Letters of recommendation indicate that the present Director of the Rural Health Clinic is well qualified for this position.

10.

The board of directors of the acute hospital is in the process of evaluating the credentials and qualifications of the present interim administrator.

11.

Our committee's attendance at one of the monthly Board meetings demonstrated that they followed the Brown Act rules and also followed the usual Roberts' Rules of Order and Parliamentary Procedures.

RECOMMENDATION

Continue to extend quality medical care to the residents of the community and to tourists.

NO RESPONSE REQUIRED.

TEHACHAPI HOSPITAL

INTRODUCTION

Although the City of Tehachapi has as its slogan, " The Land of Four Seasons," its name is of Indian origin and means " frozen." During the early 1950' s Drs. Harold and Madge Schlotthauer operated a small hospital in Tehachapi which was destroyed during the 1952 earthquake along the Garlock Fault. A few years later a 28 bed hospital was constructed at the present site ( 115 West E Street) and accepted patients on April 8, 1957. Upon the retirement of the Schlotthauers from the practice of medicine, the hospital was purchased by the Tehachapi Valley District Hospital in January 1969.

Since the empaneling of the 1997- 1998 Kern County Grand Jury, our committee ( Health, Education and Social Services) has received several complaints involving the hospital and its personnel. Investigations of these complaints have consumed many hours, not only in Bakersfield but also in the City of Tehachapi. The administrator of the hospital, past and present employees, members of the board of directors, and a few resident physicians were interviewed at length. Needless to say, investigations of this nature involved the opening of " Pandora's Box."

FINDINGS

1

Verbal abuse ( private and public) of the employees by hospital personnel appears to have been quite blatant, so that the morale of the employees has suffered.

2.

Infractions of Government Code ' 1090, commonly known as " Conflict of Interests," were noted to the extent that one of the Board Members resigned.

3.

Personal tour of this acute hospital revealed the following:

a)

the interior and exterior of the hospital were relatively clean.

b)

the corridors of the hospital do not appear to be of sufficient width to permit easy maneuverability of a gurney.

c)

the overall equipment, excluding the laboratory, to maintain the health and safety of the patients appears to be somewhat archaic. The lavatory facilities are inadequate.

d)

although this is an acute hospital, 18 of the licensed 24 beds are occupied by so- called " swing beds" to house chronic care patients. This maneuver helps to subsidize the operational costs of the remaining acute beds, especially when the average daily census hovers around 1 - 1.3 patients per day for the past year.

e)

the clinical laboratory appears to be well equipped with the newest of apparati; however, the space allocated is inadequate for the technicians to perform efficiently.

4.

Recent survey ( 6/ 19/ 97) of the hospital by the Department of Health and Human Services of the Ventura District Office resulted in an 81 page critique indicating at least 100 deficiencies. Some of the most serious complaints are: ( 1) lack of an ongoing Quality Assurance Program, ( 2) Nosocomial Infection Control Program didn't indicate proper documentation that the hospital had evaluated or identified causal factors relating to an infection or that measures were implemented to prevent possible reoccurrences, and ( 3) outdated medications were noted on the adult and pediatric " crash carts," which are used in so- called " code blue" emergencies. The administrator has written plans to correct all the deficiencies.

5.

Survey ( 6/ 24/ 97) by the State of California Health and Welfare Agency of the clinical laboratory also resulted in a critique of 15 pages in length indicating at least 20 deficiencies. The most serious complaints appear to be due to the lack of documentation: ( 1) lack of identity of the technician performing a test and its results, ( 2) failure to document two levels of control materials each day of testing, ( 3) blood bank alarm system was not checked at quarterly intervals, and ( 4) the laboratory director did not evaluate staff competency and procedures at least yearly. Appropriate measures were instituted by the director to correct all of the deficiencies..

6.

Parcel assessment measures for $ 25 ( 1992- 1996) and $ 20 ( 1996- 2000) were approved by the voters of the district primarily to aid the hospital overcome its deficient operating expenses.

7.

Fifty- three acres of land ( which is located south of Pinion Street and east of Tucker Road) were purchased for $ 310,000 approximately 10 years ago. This property is designated as the site of the " new hospital campus." The first phase of construction would be that of a 62 bed nursing facility at an estimated cost of 5.3 million dollars.

8.

In order to fulfill the requirements of the city and county building codes, the infrastructure costs for this property will amount to approximately another 5 million dollars.

9.

As of 8/ 26/ 97 $ 928,245.03 have been spent toward the construction of a skilled nursing facility. The above monies were used to pay for application fees, engineer fees, architect fees, etc., etc.

10.

SB 1953 requires that Healthcare Facilities constructed prior to 1972 must be seismically upgraded to conform with the 1972 UBC ( Uniform Building Code). Corrective measures are to be submitted to Office of State Health Planning Department by 2008 for final review and approval. Correction of all deficiencies is to be completed by the year 2032. It appears that upgrading and remodelling of this hospital would actually exceed the cost of replacement of this facility.

11.

At the present time, the employee's pension plan appears to be in a very tenuous state; meaning that management can use their ( employer's) contribution share at their own discretion and should the hospital default ( bankruptcy) the employee's shares would be in jeopardy and could be garnished by the creditors.

RECOMMENDATIONS

1.

The practice of verbal abuse should be avoided.

2.

Management and Board Members must be educated by an attorney who is well versed in the strict California interpretations of Government Code ' 1090 ( Conflict of Interests).

3.

Although expensive, a survey of the hospital by JACHO ( Joint Commission on Accreditation of Health Care Organization) is highly recommended. This would result in improved management and added prestige for the hospital.

4.

The monies obtained from the recently passed Measure K ($ 20/ parcel assessment) shall be applied only for funding of services, equipment, maintenance and operation of the hospital, physical plant and grounds.

5.

The present hospital should be replaced before the year 2032.

6.

Another land site should be selected which would be more suitable and less expensive to comply with the necessary infrastructure requirements.

7.

Pension funds ( employees and employer contributions) should be placed in a " trust" in order to guarantee the plans.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

Law and Justice

Introduction

The California Penal Code is the basic state foundation for the Grand Jury. The Law and Justice Committee within the Grand Jury is charged with the oversight of all law enforcement staff and facilities in Kern County. In addition, the Law and Justice Committee reviews and takes action as necessary on citizens’ complaints related to those agencies within its oversight responsibilities.

During the 1997- 1998 Grand Jury session, the Law and Justice Committee toured and visited most of the law enforcement and detention facilities in Kern County. In addition, inquiry and investigations were conducted of selected County Departments ( see enclosed reports). Numerous individual citizens’ complaints were reviewed and formally responded to. In some instances the complaint was directed to the proper authorities with the citizen’s approval. The following is a list of law enforcement agencies and detention facilities visited during 1997- 1998, by the Law and Justice Committee.

DATE

FACILITY

July 29

Mesa Verde Detention Facility ( Bakersfield)

July 29

Delano Police Department

August 5

Taft Police Department

August 5

Taft California Correction Facility

August 5

Maricopa Police Department

August 19

Lerdo Facility

August 19

Central Receiving Facility ( Bakersfield)

August 28

Tehachapi California Correctional Institution

11/ 14, 12/ 5, 1/ 28, 2/ 6, 3/ 3, and 4/ 28

Tehachapi CCI for inmate complaints

September 4

Delano --- North Kern State Prison

September 4

McFarland Community Correctional Facility

September 11

Shafter Police Department

September 11

Shafter Correctional Facility

September 16

Ridgecrest Police Department September 16

California City Police Department

September 23

Wasco Prison

October 2

Probation Department ( Victim/ Witness program)

October 2

Juvenile Hall

October 7

Camp Irwin Owens Youth Camp

October 9

Sheriff’s Department ( Norris Road, Bakersfield)

October 14

Bakersfield Police Department

November 6

Kern County Fire Department

November 18

McFarland, Wackenhut Contract State Prison

December 9

Probation Department, Juvenile Department

January 12

Bakersfield Police Department, Re: Delinquent Youth Habilitation formal report

January 20

Arvin; Police Chief, City Manager. Re: Probation Department formal report

February 4

Crossroads Youth Correctional Facility ( Bakersfield)

February 10

County Administrative Office ( CAO). Re: Juvenile Justice Building formal report

March 9

Fresno County Juvenile Bootcamp. Re: Probation Department formal report

March 10

Juvenile Hall & Crossroads ward interviews ( gang members) Re: Delinquent Youth Habilitation formal report

March 27

County Superintendent of Schools office, Re: Delinquent Youth Habilitation formal report

April 6

Sheriff’s Department ( Crime Prevention Division)

April 21

County Weights & Measures Department ( Inquisitive Visit)

JUVENILE JUSTICE CENTER BUILDING

LAW AND JUSTICE COMMITTEE

INTRODUCTION:

The 1997- 98 Grand Jury Committee conducted an inquiry on this building because the two most recent Grand Juries had conducted investigations to determine why this building remains unfinished. Why are the two upper floors unfinished while several county departments are in need of additional space? These two floors have sat empty for the past eight years while the County has rented office and building space from private industry at what cost?

By way of background, some salient points made by the two previous Grand Juries are provided:

1995- 96 Grand Jury Findings:

" The Juvenile Court must send Juveniles to the Probation Department on Ridge Road for settlements related to probation. Procedures would be more efficient if the Juvenile Probation Department were located in the same building as the court."

1995- 96 Grand Jury Recommendations:

" The Grand Jury recommends that consideration be given to providing the appropriate funding for the finalized development of the Juvenile Justice Center ( building) to include the Juvenile Probation Department."

1996- 97 Grand Jury Findings:

" The Kern County Juvenile Center is located at 2100 College Avenue in Bakersfield. It is a four- story building. The building is now eight years old and the top two floors remain unfinished except for a part of the third floor. On the day that this Grand Jury visited the Juvenile Justice Center building it was raining. We observed a downpour of rain leaking through the roof. There are literally thousands of square feet of office space, in a building that cost millions of tax payers dollars, that are being wasted."

1996- 97 Grand Jury’s Recommendations:

" Complete, repair and make full use of the Juvenile Justice Center Building."

FINDINGS: The 1997- 98 Grand Jury inquiry into the status of this building began with a walk through the upper two floors. We were primarily interested to see if any effort had been expended during the ensuing two years. Our walk- through was done on February 10th, one day after a heavy rainfall. There was no standing water on the floors; however, there were two buckets placed in drip areas that were approximately 1/ 3 full. In the mezzanine ( 1st floor) there was a bucket adjacent to the east wall which was approximately 1/ 3 full of water. Two large cans were placed on the railing of the 2nd floor and each contained about a pint of water. Additionally, areas of the second floor ceiling and the lower floor east wall had visible signs of water damage/ stain. Grand Jury meetings with representatives of the County General Services Department and the County of Kern Administrative Office ( CAO) identified that the upper two floors have not been completed because of " lack of funds." There are many County claimants for building funds but never enough dollars to accommodate all needs. This " project" has been identified for completion as identified in the annual " Capital Budget Lists." However, it appears no real " effort" is being expended to realize better value for the taxpayers’ dollar on this building.

Our concerns about rain intrusion were addressed to the General Services representative. He indicated that there is in place a procedure for ( GS) personnel to respond to all calls within 90 days of notification. He also said that he would personally look into the apparent Juvenile Justice Center Buildings chronic water intrusion problem. The General Service Supervisor also stated that the two upper floors were purposely left in their incomplete ( empty shell) configuration for " future growth" for any County needs. These two floors were not specifically earmarked for the Probation Department. Unfortunately, this was not understood by members of the previous Grand Juries, who were led to believe that these floors were established for Probation Department space needs. Nevertheless, these floors remain incomplete.

Late information furnished to this committee, by the General Services supervisor, indicates that these two floors were originally assigned future uses. The enclosed March 14, 1988 letter from the Public Works Department ( file # 2340.8243W87) identifies the original intent for the Juvenile Center’s third and fourth floor occupancy.

The Probation Department has needs for additional space, as perhaps do other departments. However, these spaces do not seem to be part of the occupancy resolution. Why?

CONCLUSIONS

Continual intrusion of water must be accompanied by continuous deterioration of some building materials. Conventional wisdom is that the longer that permanent repair is delayed, the greater will be the cost. There is also some question about the judicious use of " tax dollars", for the maintenance of two unfinished floors of a building, while leasing county space from private ownership. The approximately 16,000 square feet of floor space contained on the upper two floors if valued at a lease rate of $ 1.00/ ft per month could represent a " cost avoidance" to the county of Kern of approximately $ 192,000.00 per year. Multiply this over the eight years the two floors have been unoccupied and the cost avoidance to the county would amount to $ 1,536,000.00. Instead the space stands empty and unused!

RECOMMENDATIONS

Repair and complete the Juvenile Justice Center Building and assign the space as identified in the enclosed 1988 letter, i. e. District Attorney offices, Superior Court rooms, Probation Administration offices, Business Management, and a Justice Training Center. Or, assign the space to the County Agency( ies) that will be best accommodated by the space. We believe it is time to put these floors to productive use.

RESPONSE REQUIRED TO: Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, California 93301

KERN COUNTY PROBATION DEPARTMENT

By

LAW and JUSTICE COMMITTEE

INTRODUCTION:

The Kern County Probation Department is chartered as required by various State and Federal statutes to assist the Superior, Municipal and Juvenile Courts in the investigation, supervision and rehabilitation of adult and juvenile offenders. The Department also advises the Courts regarding child custody, disposition and placement services. The Department is also budgeted to provide payments to foster homes, private placement facilities and the California Your Authority for the care and subsistence of wards of the Juvenile Court; in accordance with provisions of Section 900 of the Welfare and Institutions Code. Their budget also includes provisions for child care expenses for clothing and medical services furnished through the Kern County Probation Department. Additionally, this department is budgeted and charged with the responsibility to provide administrative direction and support to the Crossroads youth detention facility, Camp Erwin Owen and James G. Bowles Juvenile Hall.

Purpose of the inquiry and investigation of the Probation Department was to:

1.

Try to determine if the Probation Department, particularly the Juvenile division was receiving county budget and support resources on par with other law enforcement and crime prevention organizations within the county and utilizing their budget most effectively.

2.

Try to determine what additional resources( s) if any the Probation Department, particularly the juvenile division, needs to more effectively serve the county taxpayers.

FINDINGS:

Investigation by the Grand jury identifies that Bakersfield police and County sheriff offices enjoy a fairly consistent citizen and county Board of Supervisor support for their increasing budget and personnel needs as the County’s population expands. The increasing budget of these two very necessary entities has outstripped the Probation Department. The Probation Department is the third major agency within the County for law enforcement and crime prevention an