KERN COUNTY

GRAND JURY

2000 – 2001

Final Report

TABLE OF CONTENTS

INTRODUCTION

Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

2000 – 2001 Grand Jury Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2000 – 2001 Grand Jury Officers Photo . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Foreman’s Letter to Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

How Blessed We Are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Final Report Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Organization and Committee’s Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2000 – 2001 Grand Jury Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

The California Judicial System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Superior Court Judge Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

California’s 58 Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

In House Accomplishments of the 2000 – 2001 Kern County Grand Jury . . . . . . . . . . . . . . . . . 6

Formal Statement of Position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

COMMITTEE REPORTS

Administration and Audit Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Civil Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

The Kern County Communication System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Kern Government Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Cities and Services Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

City of Arvin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

City of Bakersfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

California City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

City of Delano . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

City of Maricopa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

City of McFarland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

City of Ridgecrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

City of Shafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

City of Taft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

City of Tehachapi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Tehachapi Municipal Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

City of Wasco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Continuity and Tracking Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Edit and Final Report Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Health Education and Social Services Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Kern County Aging and Adult Services Department . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Kern County Cultural Treasures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Museum Attendance Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Kernville Unified School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Lost Hills Unified School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Substance Abuse Control and Prevention in Kern County High Schools . . . . . . . . . . 59

Education Continuum of Services Chart . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Tobacco, Alcohol and other Drug Prevention Techniques for Parents . . . . ( hard copy only)

Kern County Necessary Small and Community Day Schools . . . . . . . . . . . . . . . . . . . 62

Kern County Veterans Service Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Law and Justice Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

California City Correctional Institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Camp Erwin Owen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Final Report on Drug Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Juvenile Hall and Crossroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Prisons Operated by the Kern County Sheriff’s Department/ Lerdo Max/ Med . . . . . . . 81

Prisons Operated by the Kern County Sheriff’s Department/ Lerdo Pre- Trial . . . . . . . . 83

( The document above was not finalized in time to include it in the bound copy.)

Prisons Operated by the Kern County Sheriff’s Department/ Central Receiving . . . . . 85

Kern County Probation Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Public Relations and Recruiting Committee

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Special Award List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Special Certificate List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

AD HOC Committee # 1

Election Votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

AD HOC Committee # 2

Committee Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Belridge School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

AD HOC Committee # 3

Parks and Recreation Department Security Provisions . . . . . . . . . . . . . . . . . . . . . . . . 106

Buena Vista Aquatic Recreation Area . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

County Directory

List of County Departments and Courts . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

County Administrative Building . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Major Kern County Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Estimated Distance Between Cities in Kern County . . . . . . . . . ( available in hard copy only)

Electorate of Kern County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

General Information

Office of the County Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

Clerk of the Board of Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Kern County Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Kern County Reprographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

Members of the 2000 – 2001 Kern County Grand Jury . . . . . . . . . . . . . . . . . . . . . . . . 111

God Bless America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

2000 – 2001 Kern County Grand Jury Signature Page . . . . . . . . ( available in hard copy only)

Parting Thought . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( available in hard copy only)

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OFFICERS OF THE

2000- 2001

KERN COUNTY

GRAND JURY

Foreman

Robert E. Herrick

Foreman Pro tem

Helen J. Richards

Sergeant- At- Arms

James E. Poole

Corresponding Secretary

Cleo M. Harlander

Recording Secretary

Elaine S. Hiatt

Assistant Sergeant- At- Arms

James B. Garner

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June 27, 2001

Honorable Arthur E Wallace, Presiding

Judge of the Superior Court

1415 Truxtun Avenue

Bakersfield, CA 93301

Dear Judge Wallace:

In compliance with Penal Code Section 933, the 2000- 2001 Kern County Grand Jury presents its final

report of investigation undertaken and completed by members of this jury.

A successful Grand Jury is dependant on the volunteering of citizens who want to serve our society by

their dedication and willingness to work as a unit. This begins with an aggressive recruiting campaign

followed by the nominating of qualified applicants by the Superior Court Judges. Add to this the

outstanding support from the Presiding Judge as was the case this year and a successful jury year ensues.

After being empaneled, Judge Wallace gave the charge and the direction for the jury to proceed.

With this in mind, we all wish to express our appreciation to judge Wallace and the entire staff of the

Superior Court for their dedicated support.

Among the many others who have given fine support to this jury, we would like to recognize the County

Counsel, the County Administrative Officer, the department heads and the District Attorney. With their

assistance it is possible for the jury to be successful

Thank you again for your support and guidance.

Sincerely,

Robert E. Herrick, Foreman

Kern County Grand Jury 2000- 2001

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HOW BLESSED WE ARE!

We tend to overlook and often fail to appreciate how fortunate we citizens are. Our forefathers

were remarkable men of conviction, dedication and foresight. They put their lives and property at

risk to ensure the freedoms and system of governance we enjoy today. Having lived under

another form of a truly non- representative government, they understood the problems and

dedicated their all to give us a better government by their truly heroic public service. What they

achieved was a representative form of government with the checks and balances for the

protection of all. They carefully avoided the trap of the majority rule by insisting that the rights

of the minority cannot be abridged.

It seems that during the last election there were those who failed to understand a basic tenet of

our system. For example, why did they set up our government to have a bicameral congress,

which not only recognizes the right of population but also preserves the rights of the country. If

the majority rule was adopted it would abridge the rights of areas and control would shift to the

large population centers. This flies in the face of the tenets of our system and would destroy

protection of basic rights that make our system the best.

Our system of governance is dependent on the public service by citizens, hopefully with the

same dedication as exhibited by our forefathers. This applies not only to our elected and

appointed public servants, but equally to those who serve at the local level as members of Boards

of Directors of tax supported special districts, commissions, school trustees, and other agencies.

These volunteers often serve with little or no financial remuneration and with little public

recognition or appreciation, but truly make our government work.

As Grand Jury members we are vitally concerned that the citizens these volunteers serve can be

assured their tax monies are being properly used and protected. Likewise, the Jury is equally

concerned that those volunteers are not placed in jeopardy because they are not afforded proper

guidance, education on policy and procedures to keep them from failing to observe their

responsibilities. By pointing out possible failures that occur in the Jury position paper entitled

" Public Trust", it is hoped to provide support for those who volunteer to serve their fellow

citizens. It is to also remind those who support them to ensure these volunteers are properly

prepared and supported in their assignment of duties, obligations, and responsibilities entailed in

their public service.

With this in mind this final report of the 2000- 2001 Kern County Grand Jury is dedicated to

those who obligate themselves to serve for the public good and others who have given their time,

energy, and even their lives to preserve our form of government.

- Robert E Herrick, Foreman

2000- 2001 Kerm County Grand Jury

" How little do my country men know what precious

blessings they are in possession of, and of which no

other people on earth enjoy!"

- Thomas Jefferson

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KERN COUNTY GRAND JURY

2000- 2001

FINAL REPORT

PUBLISHER

2000- 2001 KERN COUNTY GRAND JURY

FINAL REPORT STAFF

EDITOR- IN- CHIEF

James E. Poole

EXECUTIVE EDITOR

Cleo M. Harlander

ASSISTANT EDITOR

Elaine S. Hiatt

PROOF READERS:

Harold D. Casper

J. Mack Ryan

SPECIAL ADVISORS:

Nellie G. Gomez

Gerald M. Alderete

Barbara J. Gardiner

2000- 2001 Grand Jury

ORGANIZATIONAL CHART

FOREMAN

Robert E. Herrick

FOREMAN PRO TEM

Helen J. Richards

SERGEANT- AT- ARMS

James E. Poole

ASSISTANT SERGEANT- AT- ARMS

James B. Garner

CORRESPONDING SECRETARY

Cleo M. Harlander

RECORDING SECRETARY

Elaine S. Hiatt

PARLIAMENTARIAN

Robert E. Herrick/ James E. Poole

ADMINISTRATIVE & AUDIT COMMITTEE

Harold D. Casper - Chairman

LAW & JUSTICE COMMITTEE

Thomas D. Stockton - Chairman

CITIES & SERVICES COMMITTEE

Frank G. Pitts - Chairman

HEALTH, EDUCATION & SOCIAL

SERVICES COMMITTEE

Gerald R. Pelant - Chairman

CONTINUITY & TRACKING COMMITTEE

Jerry M. Aldrete - Chairman

EDIT/ FINAL REPORT - COMMITTEE

James E. Poole - Chairman

PUBLIC RELATIONS & RECRUITING

COMMITTEE

Nellie G. Gomez - Chairman

AD HOC COMMITTEE # 1

AD HOC COMMITTEE # 2

AD HOC COMMITTEE # 3

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IN HOUSE

ACCOMPLISHMENTS OF THE

2000- 2001 KERN COUNTY

GRAND JURY

A special thank you to the Superior Court for the Grand Jury Liaison that spent half of each day

for several months in the jury room. This was a major boost for the Jury and provided continuity

between juries in maintaining the office routines and procedures, as well as providing assistance

to the new jurors.

In the past the Jury's recruiting efforts were working the Kern County Fair and getting TV and

radio spots on the air with the cooperation of the local media. This year's Jury expanded these

activities by holding a media seminar and giving the attendees an informational packet for

reference on Jury activities. Also added was a Spanish language radio spot, a Spanish language

radio interview, another radio interview ( in English) and a KGOV television interview.

Perhaps the most successful new activity this year in recruiting was the very fine cooperation

of the Bakersfield Californian in printing six ( 6) ads in their Sunday editions as a public service,

for which, the Jury is most appreciative. A fine article written by Davin McHenry appeared in

the Local section of the Californian which proved to be most effective. In the special ads a

telephone number was given for interested persons to call for additional information and to leave

their name, address and phone number if they desired to receive an application. This same ad

was printed in the Fence Post weekly paper and The Inland Adventurer monthly tabloid, which

was also greatly appreciated.

It seems there have been more applications to be on the Grand Jury, this year, than ever before!

The old furniture in the witness room has been replaced with a conference table and chairs and

will now be much more useful for committee work.

Four more modem computers were also added to the Jury equipment.

A new Fax machine is now in use-- this machine has been programmed to distribute to the

media: print, TV and radio-- copies of early releases of Final Reports intended for immediate

release. The Jury is not dependent on the CAO to make such releases. The CAO's office makes

distribution to all county department heads.

As a part of a recarpeting project in the Superior Court Building the Jury rooms will be

recarpeted this coming year.

An additional phone was installed in the committee room which serves three of our committees.

FINAL REPORTS ISSUED ______ 34_______

CITIZENS' COMPLAINTS ANSWERED __________ 83________

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FORMAL STATEMENT OF POSITION

2000 - 2001 KERN COUNTY GRAND JURY

PUBLIC TRUST

As one grows up in this marvelous society we learn to trust certain people who

come into our lives. We trust policemen, teachers, doctors, ministers, sheriffs,

firemen, and all sorts of public figures, and that is the way it should be. However,

as we mature it becomes apparent that at time- s some people forget their obligation

of trust to the people they serve.

Now before you interpret this as some kind of a blanket indictment of those in

positions of trust who are serving the public, a clarification is in order.

The members of the 2000- 2001 Kern County Grand Jury have the opportunity to

observe and investigate many departments and branches of local government and

the many special districts, school boards and the like. This means contact with

fulltime employees as well as people who voluntarily serve part time as board

members or trustees for some organization or the other.

The vast majority of our full time public servants are found to be dedicated,

competent, hard working and loyal in their service to the public. In any system this

large there are, of course, exceptions to this. The Grand Jury does, its best to ferret

out instances where these persons are not fulfilling their proper public trust. When

it finds such cases, it " shines the light of day " on these operations and

recommends corrections, which are usually effective.

The way our system of governance functions is to a great extent dependent on the

public service of many fine persons willing to give their time, for whatever reason,

to serve in a public position as board member, trustee or such. These people often

serve for little or no financial reward but do assume an important responsibility, to

their community.

While most of these bodies function appropriately, and serve their constituents in

fine fashion, the Grand Jury has observed several instances where such is not the

case. When these failures of trust occur, it may not only harm an entity financially,

but causes great disharmony among the citizens supposedly being served. In fact,

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many of the problems that have come to light and caused trouble within a district

are strictly the fault of poor decisions and performance by those in trust.

In observing special district boards and school board trustees, the Grand Jury has

noted several failures that occur within these bodies, causing great concern among

those being served, such as:

·   Failure to understand and observe the provisions of the Brown Act as to

what may or may not be done in a closed meeting;

·   Too much delegation of authority over the expenditure of public funds with

insufficient controls by the board;

·   Failure to conduct meetings in proper form using " Robert's Rules of Order",

·   Failure to allow proper public participation at board meetings;

·   Failure to use the services of attorneys at meetings to ensure proper

performance by board members;

·   Failure to properly keep their constituents informed of district business;

Failure to allow community activities, to be held in public buildings, even

religious groups may use them but may be charged a fee;

·   Failure of board members to avail themselves of proper training in their

duties and responsibilities;

·   Failure to follow adopted policy and keep proper records as needed;

·   Failure to avoid nepotism;

·   Failure to promptly and thoroughly investigate complaints of misconduct.

In other words, the failure to take their responsibilities seriously and use good

judgment.

There are hundreds of non- profit organizations in the county and apparently there

is no official agency to over- see them. The Grand Jury can only examine those

operations that involve such an organization in performing a service for the county,

or individual cities under contract. However, there have been some prominent

examples of improprieties in management by some of these groups, and their

boards should well be reminded to remember their duties. Also, County and city

agencies should be advised that they have a special duty to monitor the

performance of these non- profits.

Public trust goes beyond the boundaries of the county and it includes all elected,

appointed or employed members of our government who serve the public. The

Grand Jury can only act on matters within the county and incorporated cities. The

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examples of public trust failures listed above are actual incidents within the county

and, by bringing this matter to the attention of the citizens of Kern County, it is

hoped they would keep this matters in mind when they monitor those who serve

them in positions of public trust.

November 13, 2000

ADMINISTRATION & AUDIT COMMITTEE

Chairman

Harold D. Casper

Vice Chairman

J. Mack Ryan

Members

Barbara J. Gardiner

Helen J. Richards

Civil Service Commission Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

The Kern County Communication System Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Kern Government Television Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

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CIVIL SERVICE COMMISSION

REPORTING COMMITTEE – ADMINISTRATION AND AUDIT:

PURPOSE: Review of the Civil Service Commission and Personnel Department pursuant to

Penal Code Section 925. The Committee also reviewed the “ DMG Maximus” Report dated

June, 1999.

The “ DMG Maximus” consulting company was authorized by the Board of Supervisors to study

the county’s civil service and personnel departments and to determine how best to modernize

their functions. That company’s recommendations were basically as follows:

·   Replace the existing civil service system with a county department of Human Resources.

·   Bring the management of the Human Resources Department under the authority of the Board

of Supervisors.

·   Retire the Civil Service Commission as an independent authority.

·   Give county department heads more autonomy in employee hiring and disciplinary decisions.

·   Give the various employee unions a voice in determining the parameters of the Human

Resources Department.

·   Establish an independent “ Merit Board”.

·   Give either the Merit Board or a contract Hearings Officer authority over disciplinary

proceedings.

·   Concentrate all of the personnel related functions in or under the proposed Human Resources

Department.

The consultant provided recommendations about what could be accomplished with a vote of the

electorate and without such a vote.

Over a period of several months, the Administration and Audit Committee conducted extensive

interviews with a broad spectrum of individuals who are concerned with county personnel

policies and procedures. Those interviewed included members of the Board of Supervisors, a

Civil Service Commissioner, Union representatives, various department heads and others. The

Committee also studied the legal basis for the Civil Service Commission and its role in our

county government.

HISTORY:

The present Civil Service Commission was instituted in 1956 through adoption of an ordinance

by the county electorate ( Ordinance No. A- 126). The law and its adoption conformed to the state

law relating to the government of counties, but it was not mandatory. The 1956 ordinance

provided for the appointment of a five- person commission that was to hire a general secretary

who was also to be the county’s personnel director. The commission was to formulate all of the

rules and procedures for both hiring and firing personnel independent of politics and other

common influences. The originally stated goals for the Commission were two fold; first, to

ensure the best possible employees through competitive exams; and second, to protect the

employees from political pressures and intimidation. The system worked and the county is still

using it, but the questions have become those of relevance and efficiency. It seems, however,

that Kern County is among the last of the counties to retain the 1956 configuration of the law,

with most counties having modernized their systems years ago. The reason for most changes had

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to do with streamlining the personnel hiring processes and making them more efficient and

responsive to the needs of county management.

In practice, the commission has to rely on the general secretary/ personnel director and his staff to

accomplish everything. The commission has only one general meeting per month, for a few

hours, for their role in providing oversight supervision of a personnel department serving nearly

9,000 employees. Review of the commission’s regular meeting minutes for December 11, 2000

shows that the agenda covered some thirty- seven pages of information with changes in personnel

matters. Typically, the commission has so little time for reflection on, or expertise in, the

matters brought before them by their general secretary that he effectively directs the commission,

and their supervision of his office is more superficial than real. The general secretary/ personnel

director is without any effective supervision. Also, he is not in the county management’s chain

of command. This circumstance contributes to the various department heads desire to change the

Personnel Department’s authority and structure.

OBSERVATIONS:

Part of the perceived problem with the current personnel system comes from people with training

in management science, who recognize that the system does not follow anything resembling a

proper chain of command hierarchy. The current system separates those people with managerial

responsibility for the county product, i. e., service to the public, from the ability to control a very

large part of the delivery system. It is one of several obsolete structural design elements in

county government.

The government is the administrative arm of our society, and it requires people to accomplish

society’s goals. Some of these people are administrators and managers, but the bulk of them are

just people with jobs. Whether the county government employees need special protections and

elaborate hiring methods is the pertinent question. The fact is that current state law and judicial

decisions provide many employee protections where disciplinary actions or terminations are

concerned. However, the effect of elaborate hiring practices instituted to ensure that only the

best possible people are hired sometimes causes the exact opposite. This happens because the

best people are immediately employable elsewhere, and these potential employees will not

necessarily wait through the several months that the County Personnel Department requires to

solicit applicants and rank them. Also, county pay is frequently not high enough to compete with

the private sector. This problem is more prevalent among the professional occupations, such as

computer programmers and engineers. In fact, many such people are hired on a contract basis

instead of as permanent employees because of the difficulties associated with the hiring process.

Such potential employees are few in number and unique in their abilities. Consequently, their

salary rates are usually negotiated on an individual basis rather than placing them in a slot in the

regular employee’s pay scales. The individual contract method of hiring permits department

managers to have some control over both the quality of the employee and the speed of the hiring

process. This hiring method avoids the jurisdiction of the Civil Service Commission. It is a

managerial tactic that department heads believe necessary to circumvent the Commission, but it

is not available for ordinary hiring activity. Probably there should be experimentation to

determine whether “ Merit Board” type hiring practices are really necessary.

The county employee’s population has a substantial amount of change that goes on in the normal

course of events as people are hired, retire and/ or move on. Overseeing public employees in

these numbers requires a professional administration that should be integrated into the

command/ responsibility structure of the county. The problem of a department head hiring

12

someone as a reward for his or her political support may not be entirely a thing of the past, but

these situations can be handled several different ways and do not require an independent

personnel department. A signed affidavit could be required from each new employee affirming

his/ her qualifications for the position based on ability or test scores and further affirming that the

position was not obtained based upon any political activity or support.

The people responsible for managing our county believe that they should be in control of the

personnel function instead of an autonomous commission, which is well insulated from service

constraints. The original intention of the Civil Service Commission law was to insulate public

employees from politics and political pressure. However, that was back when county

governments were just a fraction of their current size, and before there was a perceived need for

any management expertise. It was also before the employees were represented by effective

unions. The “ Meyers – Milias – Brown Act” was passed in 1961 ( Government Code Sections

3500 – 3510), and this provided government employees with the benefits of union membership

and reduced the need for civil service type protections.

The need for an autonomous commission changed significantly in 1975 with the advent of the

“ Skelly Decision”. This was a decision based upon a civil trial that created some judicial law

that is still in effect ( Government Code Section 31108). This ruling established that the position

of a public employee was a property right that was not severable without a due process procedure

that could culminate in an administrative hearing. This decision resulted in the employees being

protected, and the structure of the personnel department became irrelevant.

RECOMMENDATIONS:

The 2000- 2001 Kern County Grand Jury believes that most of the “ DMG Maximus”

recommendations should be implemented. Tweaking the personnel system to promote service

and efficiency, without a new enabling ordinance, does not entail any risk; but it would not solve

all of the problems. Accordingly, the Grand Jury recommends that a new county personnel

ordinance be drafted for approval in the next election. The proposed ordinance should attempt to

cause the following changes:

·   The Director of Personnel should come under the authority of the County Administrative

Officer.

·   Authorize department heads to either prepare their own ranking tests or contract with the

Personnel Department to prepare ranking tests subject to the department head’s approval.

·   Each department with sufficient personnel should be authorized a permanent personnel

administrator and/ or personnel analyst in such numbers as the Personnel Director deems

appropriate. Smaller departments should be encouraged to consolidate their personnel

functions in order to share a personnel administrator. The Personnel Director should be the

office of decision for the number of personnel administrators, based upon consultations with

the Chief Administrative Officer.

·   Some additional personnel functions, such as retirements, insurance, union negotiations,

orientations, etc., now scattered through other departments, should be moved under the

authority of the Personnel Director.

·   The Grand Jury believes that department heads will hire the best employees available without

requiring selections based upon some fixed number of recommendations. Accordingly,

department heads should have some influence over the number of personnel

recommendations that are appropriate.

13

·   Within legal parameters, managers should be entitled to use their own judgement in

determining which employees are “ best qualified”. Managing and responsibility are what

they are paid for. Let them earn their salaries.

·   The ordinance should provide flexibility so that there can be growth and experimentation in

the most efficient way of handling personnel procedures.

·   The Civil Service Commission concept should be retired.

·   The county should hire a disciplinary hearing officer, on an as needed basis, who would be

selected jointly by the Personnel Director and the employee’s unions. ( Some members of the

Grand Jury think that the funding for this officer should be borne jointly by the county and

the employee unions.) This officer would be responsible for hearing employee appeals to

disciplinary actions initiated by department heads, and rendering a final judgement.

·   Before a final hearing, the employee should be entitled to a review by the Personnel Director

who would attempt to provide feasible alternatives to the employee, where appropriate, such

as a transfer to another department, etc. However, the Personnel Director would have to

consider the best interests of all departments, and such transfers might require a new period

of probation. A general rule would be that a problem employee would not be transferred

unless his / her problems were likely to be left behind.

·   The “ Merit Board” concepts should be incorporated into the policies of the Personnel

Department to the extent required instead of requiring a separate organization.

·   The Grand Jury suggests that consideration be given to renaming the Personnel Department

as the “ Human Resources Department”.

·   There should be several trainee personnel administrator/ analyst positions in the Personnel

Department, and the practice of rotating analysts between departments annually should be

limited to this category only.

·   The Board of Supervisors should solicit the approval of the employee’s unions and consider

their viewpoints in drafting the proposed ordinance.

·   The Grand Jury found that when only one party at a disciplinary hearing was represented by

an attorney that there was an inherent bias in the results. Accordingly, a department should

not be represented by an attorney at hearings unless the employee is also represented by an

attorney.

·   The Board of Supervisors should widely publicize the government’s reasons for the proposed

ordinance, and solicit the voter’s help in streamlining county government.

RESPONSE REQUIRED:

WITHIN 90 DAYS

PRESIDING JUDGE

KERN COUNTY SUPERIOR COURT

1415 TRUXTUN AVENUE

BAKERSFIELD, CA 93301

14

THE KERN COUNTY COMMUNICATION SYSTEM

PURPOSE OF REPORT:

The Administration and Audit Committee of the 2000/ 2001 Kern County Grand Jury viewed the

County Communications Division of the General Services Department. This review was

primarily to determine whether there was a need for an investigation. The committee conducted

interviews and reviewed budgets for the past several years.

BACKGROUND:

Kern County covers a little over 8,000 square miles, and radio communications are achieved

through radio repeater stations connected by microwave transmitters.

The last major upgrade of the county communication system was over twenty years ago, and the

system is obsolete with replacement electronic parts difficult to locate.

A 1995 study recommended the replacement of the analog system with a digital system plus the

addition of several new repeater sites to improve coverage in some areas.

FINDINGS:

In 1998, it was determined that four new communications sites ( repeater stations) would be

funded. These new sites were needed to eliminate radio dead spots that had always existed in the

system, and they were installed in Bear Valley Springs, Mojave, Ridgecrest and Kelso Valley.

These sites have been completed at a cost of $ 841,517. In addition, approximately $ 1,000,000

was allocated for the upgrading of older sites. The cost of the four new sites was less than the

potential lawsuit liability that resulted from the inadequate radio coverage.

Also in 1998, a preventive maintenance program was established that covered all

communications equipment. Over a two- year period, the technicians checked every portable,

mobile and base station radio for every department that utilizes county communications. As a

result of this program, the downtime of the equipment was minimized, since maintenance was

performed at the users’ convenience. Another advantage of the program is that the number of

shop repairs decreased by approximately fifty percent.

This year another radio repeater station will be constructed to replace two sites that were

destroyed by high winds. This installation, somewhat higher than the originals, is in the Frazier

Park area.

The long awaited replacement of the county’s microwave system, from analog to digital,

commenced in 2000, pursuant to approval of a budget request for $ 6,000,000. The funds were

to come from Tobacco Settlement money. Harris Communications was the vendor selected for

the system, with a cost of $ 5,995,412.

15

The installation of this equipment, which is in progress, was undertaken by the Kern County

Communications staff under the oversight of the vendor. This was beneficial to the county in

three ways: 1) Installation of the equipment by the county staff provides hands- on training of the

equipment. 2) Oversight by the vendor assured proper installation of the equipment. 3) A cost

saving to Kern County of approximately $ 2,000,000 compared to the cost of the vendor

installing the equipment.

The changeover to the new microwave system is expected to be completed during the summer

of 2001.

County radio equipment is being maintained and utilized well beyond the normal useful life of

electronic equipment, thanks to a very capable staff.

PROJECTIONS:

The Communications staff has solicited contract bids from qualified vendors for the replacement

of the county’s radio system. It is projected that a switch to new digital equipment will be

completed between the summer of 2002 and the summer of 2003. The estimated cost of this

project will be between $ 6,000,000 and $ 7,000,000.

There is also a concerted effort on the part of the communications staff to eliminate all of the

radio “ dead spots” in Kern County. This may require a few more repeater sites, depending on

how well the digital radios perform.

CONCLUSION:

The committee congratulates the County Communication’s staff for their diligent efforts in

bringing the microwave system into the twenty- first century and for their expertise in

maintaining an antiquated radio system at the peak of its capabilities. The heads of both the

General Services Administration and its Communications Division are impressively capable

individuals.

NO RESPONSE REQUIRED

16

KERN GOVERNMENT TELEVISION

PURPOSE OF INQUIRY:

The Administration and Audit Committee of the 2000/ 2001 Kern County Grand Jury reviewed

the Kern Government Television program to determine what efforts are made by the County of

Kern to keep the public informed as to the activities of the county.

HISTORY:

Kern Government Television ( KGOV) is owned and operated by the County of Kern as a local

government television station. The General Services Division of the County Administrative

Office is responsible for administration of the daily operations. KGOV is a public service of

Kern County as directed by the Board of Supervisors and is committed to providing quality

television programming that is governmental in nature and that will benefit the citizens of the

county.

KGOV commenced broadcasting in May, 1997. A $ 150,000 franchise contribution from Time

Warner Cable and several thousand dollars of equipment voluntarily contributed by Cox Cable

offset the initial cost of equipment and installation. During its first six months of operation,

KGOV focused solely on Board of Supervisors meetings. All meetings are aired live, gavel- to-gavel.

Edited versions of the meetings are re- broadcast several times a week. Taped versions

are distributed to several outlying cable companies for broadcast in their areas. In late 1997,

KGOV began broadcasting additional programming including InfoKern, which is an

informational video bulletin board system that airs several times a day. In early 1998, KGOV

became a 24 hour- a- day station.

In 1999, with a $ 144,729 grant from the East Kern Air Pollution Control District, KGOV

designed and installed a Remote Testimony Room in Mojave. Citizens can testify live before the

Board from this location, eliminating the commute to Bakersfield. The innovative design of this

system has received national attention. Additional Remote Testimony sites are planned for other

outlying areas as grant monies become available.

In January, 2000, the City of Bakersfield, in cooperation with KGOV, began the broadcast of

City Council, City Planning Commission and other city meetings. This cooperative arrangement

with the city allows the public to be better informed on the actions of the two largest local

government bodies in Kern County. Future plans include additional partnerships with other city

governments and governmental entities to provide as much information as possible to the public

about their local government.

17

OBJECTIVES:

KGOV objectives are to distribute a variety of information about government, its programs and

services and issues of broad community interest. Specific objectives include:

1. Expanding citizen awareness of government and its decision- making processes by

airing live and taped versions of Board of Supervisors and Planning Commission

meetings.

2. Providing information about programs and services offered by county

departments, agencies, boards and commissions.

3. Providing and distributing programming of interest to the public that will inform,

educate and enlighten, as well as encourage participation in government services,

activities and decision making.

4. Function as a primary means of addressing the public and disseminating

information during disasters and major emergencies.

FINDINGS:

KGOV’s 24 hour- a- day live signal covers the entire valley floor, Tehachapi, Mojave and

Rosamond, reaching over 105,000 households on Time Warner Cable, Cox Cable and Charter

Cable. Presently, taped versions of Board meetings are aired on the Frazier Park/ Pine Mountain,

Kern River Valley, Ridgecrest/ Indian Wells Valley and Randsburg cable systems. For viewers

outside the County or those not subscribing to a cable system, KGOV is webcast live via the

County’s Web Site.

Kern Government Television’s staff consists of one full- time station manager who oversees daily

operations, maintenance, expansion and fiscal aspects of the station. This position also provides

audio/ visual design in other County facilities and serves as the cable television franchise

administrator. An additional full- time position assists the manager and oversees production and

programming. One part- time staff member provides editing and master control services and acts

as a backup for full- time staff.

In Fiscal Year 2000/ 2001, the budgeted operating cost for KGOV is $ 178,000 of which $ 13,000

is from operating revenues or special funds and the General Fund pays $ 165,000. Also, during

the current fiscal year, additional one- time funds were allocated to extend KGOV’s live signal to

outlying communities on cable television, eliminating the need for tape delayed broadcasts at

these locations.

Currently KGOV is installing additional equipment to extend its live signal to the Ridgecrest,

Lake Isabella and Frazier Mountain communities. The expected date of completion is June of

2001. Charter Cable expects to tie the Boron, California City and Edwards areas to their Mojave

system by the third quarter of 2001. When completed, KGOV’s live signal will reach an

estimated 130,000 plus households countywide.

18

KGOV is on the air 24 hours a day, 7 days a week. All Board of Supervisors and Planning

Commission meetings are broadcast live and re- broadcast several times a week. In addition,

military news and programs and other governmental programs are broadcast weekly.

Beginning in late 1999, KGOV began producing an original program called “ Kern Government

Update.” The program’s goal is to provide timely information regarding the activities of County

government. Barry Zoeller, Executive Director of the Board of Trade, is the show’s host. With

the completion of a small studio set in July of 2000, “ Kern Government Update” is now a

monthly program.

Substantial portions of Kern County’s residents speak Spanish. Wanting to reach those citizens,

KGOV and Univision TV- 39 entered into a partnership to produce a Kern Government Update

program each month in Spanish. The show is produced at KGOV’s facility and then aired on

Univision TV- 39. Public response has been most favorable.

In the first quarter of 2001, KGOV has begun producing additional programming for the

Department of Human Services and Employers Training Resource. Again, the goal is to provide

information about the activities of, and services provided by, local government to the citizens of

Kern County.

CONCLUSION:

The committee wishes to commend the staff and management of KGOV for all the time and

effort they have expended toward making it a truly first rate operation, that does a superior job of

serving the needs of the citizenry.

NO RESPONSE REQUIRED

CITIES AND SERVICES COMMITTEE

Chairman

Frank G. Pitts

Members

Nellie G. Gomez

Donald D. Hill

City of Arvin Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

City of Bakersfield Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

California City Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

City of Delano Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

City of Maricopa Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

City of McFarland Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

City of Ridgecrest Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

City of Shafter Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

City of Taft Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

City of Tehachapi Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Tehachapi Municipal Airport Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

City of Wasco Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

19

CITY OF ARVIN

PURPOSE OF INQUIRY:

Annual visitation by the 2000/ 2001 Kern County Grand Jury pursuant to Penal Code Section

925. a.

INTRODUCTION:

Members of the Cities and Services Committee visited the city during the course of the

investigation. The Committee inspected the condition of the streets and toured the city to

determine its overall appearance. The committee also met with new mayor, the city manager, the

finance director and the city clerk and discussed the overall operations of the city, its various

departments and any problems the city is having.

FINDINGS:

The 1999/ 2000 Cities and Services Committee of the Kern County Grand Jury made note of

some strong emotions evident in the area toward the then coming elections. The elections have

now been held and a new Mayor and council members are now seated in their respective offices.

As is evident in many cities in California, both large and small, the large influx of citizens from

other countries has resulted in some clash of cultures. This of course has been quite predictable

and places a great responsibility on all citizens and officials. It is assumed that people come to

this country to enjoy the fruits of this society and not necessarily to change it to be like the

country they left. Conversely, those that came first must remember one of the strengths of our

society is that our country has become great because of our being a melting pot of people from

all over the world. This diversity takes patience and understanding on all sides. While there are

those in this political world of ours that practice the politics of diversity and have made a

profession of such, this is not what made this a great country

A meeting of cultures has occurred in Arvin and made a point. If Arvin is to move forward and

make progress for the future, it is incumbent on all parties to work for the benefit of the future of

Arvin and learn to work together in harmony and mutual respect.

Other official bodies as well as the Grand Jury will be watching the progress being made in

Arvin to bring the community together and move forward to restore harmony and progress.

There are signs of progress being made to strengthening the community with increased youth

activities such as the skate board arena and the fine record of Arvin High School.

COMMENTS:

It appears effort is being made to heal any bitter relations among all parties.

RECOMMENDATION:

All parties should make every effort so as to reconcile any differences among the residents.

NO RESPONSE REQUIRED

20

CITY OF BAKERSFIELD

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 2001 Kern County Grand

Jury pursuant to section 925. a of the Penal Code.

INTRODUCTION:

Members of the Committee visited the city on various occasions and met with the City

Manager and various department heads. The committee decided to concentrate on the Street

Division of the Department of Public Works and the proposed City Center Project.

The City of Bakersfield is the largest city in County of Kern, with a population of 242,792. It

has been reported in the local newspaper that it is the second dirtiest city in the United States in

regards to ozone levels.

FINDINGS:

The street maintenance superintendent took the Committee on a long tour of various areas of the

city. The Street Division has approximately 900 miles of roads within its jurisdiction. These

roads are maintained by 25 field workers and by outside contractors secured by competitive

bidding. In general the department field workers use two methods of patching or resurfacing.

These are; ( 1) seal with asphalt sealing solution, ( 2) 1” overlay with hot or cold mix. The larger

projects are let to outside contractors, as the department has neither the men nor the equipment to

properly handle them.

City Center Project:

The committee has received from the Bakersfield City Manager the following information

presented herein:

The study examines the areas in the vicinity of downtown Bakersfield and the areas south of the

Centennial Garden and Convention Center. The general borders of the 280- acre area include 21st

Street on the north, “ S” Street north of Truxtun Avenue and Union Avenue south of Truxtun

Avenue on the east, California Avenue on the south and Chester Avenue south of Truxtun

Avenue and “ G” Street north of Truxtun Avenue on the west. The emphasis of the study area is

primarily on the areas surrounding the Downtown Core that physically exhibit the characteristics

required to support an entertainment center, new restaurant locations and an area with the

potential to support additional publicly developed facilities such as a multi- purpose stadium.

The Downtown Area consists of districts that can be defined by their land use characteristics and

potential uses. These districts include: the historic downtown area along Chester Avenue and the

government facilities on Truxtun Avenue referred to as the “ Core”. The area to the north of 19th

Street east of “ K” Street, referred to as the “ North District”. The area located to the east of “ L”

Street and north of the Centennial Garden and Convention Center referred to as the “ Convention

21

Center District”. The area south of the Convention Center to California Avenue between Chester

Avenue and the canal to the east of “ Q” Street, referred to as the “ California District”. The area

adjacent to the California District, east of the canal and west of Union Avenue referred to as

the” Industrial District”. Development in other parts of the Downtown Area exhibit long- range

development potential.

The Downtown Core District:

This district is the core of downtown Bakersfield and is intensely developed and occupied with

the exception of the northern portion of the area. The predominant use is office and service

commercial and the area contains several governmental uses. A portion of this

District is devoted to retail commercial uses with restricted traffic movements to encourage

pedestrian traffic. The focus of this study is primarily to address the areas to the east of the

district that impact and strengthen the Downtown Core.

The Downtown Core District contains a number of interesting historic points including, for

example, the Fox Theater, the Nile Theater, and the conversion of the Kress Department Store

and the pedestrian mall. Governmental facilities include the Civic Center, the Kern County

Superintendent of Schools; the District Attorney’s Office, and several other government

buildings. The focus of the Downtown Core District should be rehabilitation rather than

redevelopment to maintain the integrity of the area.

The North District:

The North District is the portion of the downtown area that is most distant from the true

Downtown Core and does not front on any major streets. Uses within the area are office,

commercial and industrial. Additionally, there are some institutional uses including an

elementary school and utility buildings. Older buildings, many of which are obsolete and vacant,

characterize this area. Vacancies are especially high on 19th Street between Chester Avenue and

“ M” Street, the area known as the mall.

The area is suitable for recycling to newer and stronger uses or at least the consolidation of

existing uses into a more concentrated area. However, the area has had very nominal amounts

of private investment for many years. Only recently, the city received two proposals requesting

public assistance for seed money to finance the development of moderately priced apartments.

The Convention Center District:

The Convention Center District is located to the east of the Downtown Core District.

Traditionally, it is considered a part of downtown, but the concentration of uses, and

the nature of the uses is much less intense than in the Core District. The Truxtun Avenue

frontage represents the strength of this area. It contains the former Federal Office Building

between “ P” and “ Q” Streets, as well as several other smaller office buildings and a boutique

commercial on the corner of “ N” Street and Truxtun Avenue. Also included a unique

church/ office conversion, “ Old Church Plaza”, an historic retail/ office building on “ Q” and 18th

Street, and interesting retail stores including an antique, motorcycle and western wear business.

The Convention Center District, while having a number of strong office developments and uses,

suffers from severe under- utilization of commercial shop areas. There are few strong retail

22

businesses within the district area and it suffers from very high commercial vacancy rates,

dilapidated buildings and a mixture of incompatible auto- related businesses. Portions of these

areas are suitable for recycling and offer an excellent location adjacent to the Centennial Garden,

Convention Center and Downtown Core District.

The California District:

The California District is a mixture of residential, office, industrial and public uses located to the

south of railroad tracks between Chester Avenue and the canal to the east of Chester Avenue.

The area is in transition with numerous homes being converted to office uses. Private property

has been acquired and utilized for public parking to support the Convention Center and multi-purpose

arena. The area is generally in poor condition with the commercial properties on the

California frontage being under- utilized and interior properties varying in quality from a

rehabilitated building of historic significance to abandoned housing units and industrial

buildings. The overall area contains in excess of 60 single- family and multiple- family

properties. Industrial and office uses consist of several law offices, a real estate company, two

dog kennels, a lab building, a metal framing company that utilizes the land to construct housing

assemblies and auto- related businesses. The portion of the area located to the south of 14th Street

and east of “ L” Street consists of approximately 20 acres of the entire 57 acre area and it has a

concentration of vacant and under- utilized lots, obsolete commercial buildings and substandard

industrial buildings. These conditions indicate that the area has some potential for consolidation

and development. This area is the largest potential land resource available in close proximity to

the Centennial Garden and Convention Center complex. The existence of public parking lots to

the north side of the district offer some potential for shared use if compatible uses can be

identified.

The Industrial District:

The Industrial District primarily consists of dilapidated and abandoned industrial properties with

obsolete buildings, a few occupied church properties, a non- profit facility for children, a

furniture warehouse and a major tractor sales facility on the northwest corner of California

Avenue and Union Avenue. At one time the area was an intensely developed warehouse and

manufacturing area. Only remnants of this remain and the area is in need of recycling. A

retailer, businessman or developer visiting the downtown Bakersfield area would be reluctant to

invest in the greater area unless there were plans to recycle this area which is extremely blighted.

The entire district consists of approximately 48 acres and includes two railroad spurs to existing

warehouses. Values within the area vary significantly but the vast majority of the area would be

most likely to be appraised at land value with the exception of only a small handful of businesses

( there are exceptions; the owners of a refrigerated warehouse are asking approximately $ 32.00

per square foot for the building). There are two churches – the AME Church and the Victory

Outreach Church located along California Avenue – that could possibly be integrated into future

uses for the site.

23

STADIUM FINANCING PLANS

Stadium Cost $ l6,000,000

Less Franchise Contribution - 2,500,000

Subtotal $ 13,500,000

Less City Contribution - 2,200,000

Less Reinvestment of:

GRC One Time Revenues - 300,000

Stadium Cost Financed $ 11,000,000

Annual Cost after One Time Contributions:

Additional Annual Debt $ 717,000

Less Tax Increment - 317,000

Less Direct/ Indirect Revenue - 288,000

Less Franchise Lease - 115,000

Unfounded Cost to Taxpayer - $ 3,000

Note: Assumes a 27- year Certificate of Participation with final maturity in 2028,

funded interest for 23 months. City investment of $ 2,500,000, bond insurance

and a funded Debt Service Reserve.

All other structures in the City Center Project are to be privately funded.

The Committee feels that the citizens that might invest in “ Certificates of Participation”

Should know the risks and benefits of such investments. A COP represents an undivided

fractional interest in lease payments payable by the city to another government entity; in this

case, the Bakersfield Redevelopment Agency, Bakersfield Public Financing Authority and State

or County financing pools. These lease payments are assigned by the financing entity to a bank

trustee who in turn uses the lease payments to pay certificate principal and interest. This type of

financing capital projects is different than General Obligation ( G. O.) Bonds in that no additional

taxes are levied to retire the debt and is different than Revenue Bonds which are usually used to

finance Enterprise Fund ( Sewer, Water, etc.) capital projects in that the general revenues of the

city and not user fees are used to retire the debt.

COP’s typically are structured to avoid being classified as debt of the issuing government body,

thereby avoiding any statutory or constitutional requirements for voter approval of long term

debt. These structural arrangements vary both by state and specific issue. In general, the

arrangements create important security differences between the typical COP and a general

obligation bond backed by a full faith and credit pledge of a municipality’s taxing power. It is

24

unusual for a COP to include any specific pledge of a municipality’s general fund. The lease

payments securing a COP are typically subject to annual appropriations by the leasing

municipality and may be subject to interruption or termination in certain circumstances.

California prohibits a municipality from making lease payments if the financed facility is not

available for use. California requires that the issuer budget and appropriate the lease payments

from available funds so long as the facility is available for use.

RECOMMENDATIONS:

Caution should be exercised to be sure that the investors are adequately protected if they invest

in the City Center Project. And that the city general fund be protected.

The condition of the streets in the City of Bakersfield is deplorable. The street maintenance

superintendent has a 25- man crew to maintain approximately 900 miles of roads. This is about

35 miles per worker, which is almost double the workload in comparable areas. It is apparent,

and the Committee recommends that additional manpower be hired to adequately maintain the

streets. This could be accomplished by increased budget when possible.

RESPONSE REQUIRED:

RESPOND WITHIN 90 DAYS TO

PRESIDING JUDGE

KERN COUNTY SUPERIOR COURT

1415 TRUXTUN AVENUE

BAKERSFIELD, CALIFORNIA 93301

25

CALIFORNIA CITY

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 2001 Kern County Grand

Jury Pursuant to Penal Code Section 925. a.

INTRODUCTION:

The Cities and Services Committee visited the city on September 19, 2000. The committee

drove several miles about the city and determined a good effort is being made to maintain the

200+ miles of streets in the 204 square miles of incorporated area. California City is located

approximately 100 miles North of Los Angeles at an elevation of 2,500 feet.

The committee met the Vice Mayor, City Clerk, Police Chief, Fire Chief, City Manager and

others. Discussion of city problems and operation of various city departments was held.

FINDINGS:

California City elects a Mayor and four councilmen. The Mayor serves a two- year term and

selects the Vice- Mayor from one of the councilmen. The councilmen serve a four- year term, two

being elected alternately every two years.

The city has a population of approximately 9,000. The average age of the population is 32- 34

years, with an annual income of approximately $ 50,000 per family.

California City has an active senior citizen housing program with 83 occupied units and 25

additional units being completed.

The elementary and middle schools are local while the high school students are bussed to

Mojave. The middle school was recently built with school bonds authorized in the district.

Cerro Coso Community College is available for local students to attend.

The police and fire departments are adequately staffed. The fire department has five certified

and lawfully sworn paramedics on the staff.

The privately constructed and operated prison with a capacity of 2,304 inmates has secured a

contract with the Federal Government that started October 1, 2000. The prison will employ 550

people.

26

The city is planning a 40- acre industrial park at the airport using a substantial Economic

Development Agency grant for streets, sewer service and underground utilities. Several projects

are underway which expected to produce 500 jobs.

The financial condition of the city appears good with an adequate reserve fund established.

COMMENTS:

The elected officials and city staff have made a concerted effort to improve both the physical and

financial condition of the city. The city government has excellent long- range plans for the

growth and prosperity of the city.

The 2000- 2001 Cities and Services Committee congratulates the City Management on their

excellent presentation of their ongoing efforts to showcase California City as a thriving growing

city.

NO RESPONSE REQUIRED

27

CITY OF DELANO

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 2001 Kern County Grand

Jury Pursuant to Section 925. a of the Penal Code.

INTRODUCTION:

Members of the committee visited the City of Delano on September 21, 2000. The committee

toured the city looking at the condition of the streets and the overall appearance of the city.

The committee met with the City Manager, Finance Director and the Interim Public Works

Director.

FINDINGS:

The City of Delano is a general law city operating under the Council Manager form of

government. The city’s personnel structure consists of 306 full time and part- time employees

assigned to seven departments and their respective divisions. The annual general fund budget is

approximately $ 7.5 million out of an overall city budget of $ 42 million. Included in this budget

is a major expansion of the city sewer system. All employees are dedicated to the city’s mission

of providing the services necessary to make

Delano a prosperous community.

According to the 1990 census, the City of Delano has a diverse population. The census reflects

the population as: Hispanic 62%, Filipino 19%, White 15%, Black 2 %. Other unclassified is

approximately 2%. The city’s current population is estimated at 34,000. This includes inmates at

North Kern Prison ( a division of the California Department of Corrections) and the 484 prisoners

at Delano Community Correctional Facility.

The city has its own police department with 32 sworn officers. The city contracts with Kern

County for fire protection. The North Kern Prison crew provides additional fire protection.

Delano is the second largest and fastest growing city in Kern County. Delano is situated in one

of the most agriculturally productive regions in the world.

The table grapes, almonds and other agricultural products grown in the area are renowned

throughout the United States and other countries for their high quality.

Large portions of land within the Delano area are classified as “ prime agricultural land.” As a

result of the significance of agriculture in the area, the occupational structure of Delano is

weighted toward farm labor or farm- related employment.

The city of Delano suffers from the same financial difficulties as many of the smaller cities. The

prison payrolls that were to bring prosperity to the area have not fully accomplished the city’s

28

expectations. Many of the employees do not live in the immediate area and spend their payroll

checks in Bakersfield and other large cities. These cities have large shopping centers, major

department stores and greater shopping values to the consumer. This in turn causes loss of local

sales tax, loss of local businesses and employment opportunities. Currently the situation is

endemic to all of the smaller cities of Kern County.

Of the 7% sales tax collected by the state 1% comes back directly to the city of Delano. The

smaller cities are attempting to have a greater portion of the tax money sent directly to them.

COMMENTS:

The city management is to be commended for their diligent efforts in promoting the concept “ A

prosperous community for all.” The Cities and Services Committee applauds the city

government for their efforts.

RECOMENDATIONS:

The city should continue its efforts to have a greater portion of the sales tax monies

distributed to them.

NO RESPONSE REQUIRED

29

CITY OF MARICOPA

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 20001 Kern County Grand

Jury Pursuant to Penal Code Section 925. a.

INTRODUCTION:

The committee toured the city to determine the overall appearance and to look for notable

problems. The committee met with the City Clerk and the City Manager. The committee

discussed a few problems the city is encountering and also examined past and current budgets

including maintenance and capital improvement projects.

The city’s current budget is $ 334,000.

FINDINGS:

The city of Maricopa is a general law city with a council form of government, which provides for

the council to set policy and give direction on all matters concerning the city.

The city council is elected to a four- year term. The council selects the mayor from among its

members after each election.

The Kern County Sheriffs Department provides law enforcement. Fire protection is by contract

with the Kern County Fire Department.

The city sewage system still has very few connections. With the expansion and upgrading of the

settlement ponds, it is anticipated that many of the city’s estimated 200 septic tank users will

begin hooking up to the city sewer system.

The City Treasurer maintains the bank balances and signs all checks, which require a second

signature of a council member. The treasurer and the city council perform a “ self audit” of the

city balances and accounts on a yearly basis. In addition, the State of California

Auditor/ Controller now “ tracks” all accounts to insure accuracy. This is accomplished in lieu of

a full audit that the city cannot afford.

Since the 1999- 2000 Grand Jury visitation, the city has renovated the area around City Hall and

added the required “ handicap accessible” amenities. Cal- Trans has added handicap access

facilities to the main streets, which are State Highways 33 and 166.

Maricopa is the smallest incorporated city in Kern County and struggles to maintain autonomy.

The city continues to operate monetarily in the black and participates in a special savings fund

account with the state which yields high interest for the city.

30

COMMENTS:

With regard to the city’s small budget, the elected officials are to be congratulated on keeping

the city of Maricopa “ alive and well”.

NO RESPONSE REQUIRED

31

CITY OF MCFARLAND

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 200l Kern County Grand

Jury pursuant to section 925. a of the Penal Code.

INTRODUCTION:

Members of the committee visited the city on August 17, 2000 and inspected the city’s streets

and observed the overall appearance of the homes and businesses. The committee met with the

City Manager, the Finance Director and members of the City Council to discuss the current and

past budgets. The committee discussed the increase in the capacity of the wastewater treatment

plants, the oxidation ponds and the methods in which the expansion was accomplished. Also,

discussed were existing and potential problems that the city is facing.

The city government consists of five council members and a City Manager. The Mayor is

appointed from among the council members. Council members are elected for a four- year

term. The City Manager serves at the will and pleasure of the city council. The City Manager’s

philosophy of running the city is, “ to run it like a business”. The city’s budget is based on a

“ dollar in, dollar out” foundation.

McFarland has 3 State Correctional Facilities: McFarland # 1 with 225 beds; Golden State and

Central Valley each with 550 beds.

The school district is comprised of two elementary, one middle, one high, one continuation high,

and one independent school. The 2000- 200l total annual budget for the city of McFarland is

approximately $ l, 300,000 . Police protection is contracted from the Kern County Sheriffs

Department and the County Fire Department supplies fire protection services. Average response

time is 5 minutes.

FINDINGS:

It is the committee’s impression that the city is well managed by the council and City Manager.

One perceived problem that was discussed was that of an older established dairy that has been

encroached upon by the expansion of the city limits. As the dairy is located in the county area,

citizen’s efforts to alleviate the perceived situation have not resulted in any satisfactory solutions.

COMMENTS:

The committee compliments the City of McFarland. The committee feels that city is well

managed. The overall appearance of the area is neat and clean.

NO RESPONSE REQUIRED

32

CITY OF RIDGECREST

PURPOSE OF INQUIRY:

Annual visitation pursuant to section 925. a of the penal code.

INTRODUCTION:

The Cities and Services Committee of the 2000- 2001 Kern County Grand Jury visited the City of

Ridgecrest in December of 2000. The committee toured the city to determine its overall

appearance, and the general condition of the streets. The committee then met with the acting

City Manager, Mayor and interested citizens. Current and past budgets were discussed along

with the present and future outlook for the city.

FINDINGS:

Ridgecrest was incorporated in November of 1963 as a general law city with a

council/ administrator form of government, which provides for the council to set policy and give

direction on the various matters concerning the city government’s day to day operation.

Ridgecrest is located approximately one hundred twenty miles from the county seat ( Bakersfield)

and at an elevation of 2300 feet. This makes Ridgecrest the easternmost city in Kern County.

As stated by a city official, “ Ridgecrest is isolated from the rest of the county by a twenty mile

wide sand moat, so sometimes we feel we are Kern County’s forgotten city”.

The Ridgecrest City Council consists of five members who are elected to staggered four- year

terms. The Mayor is selected by council members after each election.

The city of Ridgecrest has an annual budget of approximately 7.08 million dollars. There are 24

“ sworn” law enforcement officers and fire protection is provided by contract with the Kern

County Fire Department. Approximately 95% of the homes are connected to the sewer system

and thus there are very few septic tank systems.

The current population of the city is approximately 27,000. This number reflects the continuing

decrease in the population of the city. The shrinking population is due to the decrease in

activities of the Naval Air War Fare Center and the overall “ downsizing” of that operation.

It is estimated that the Ridgecrest population has the greatest number of higher/ highest educated

people of any city its size in the United States. Elementary, middle, high schools and the local

college employ people with doctorates in physics and other specialized endeavors. The city

government has recognized this specialized, highly educated population as a very valuable asset

to the community.

COMMENTS:

The Ridgecrest City Government is to be congratulated on their aggressive pursuit of attracting

new businesses to the city to fill the void of the “ downsized” military base. Tax monies are

being used to bring new businesses and the highly educated citizenry are also used as lures to

33

attract new “ high tech” and other businesses. Without new businesses being attracted to the city,

Ridgecrest would soon become a ghost town strictly because of its location.

The City of Rigrecrest is aggressively advertising itself as a low crime, safe retirement

community with dry air, clear skies and plenty of desert recreational opportunities. The city has

adopted “ Come for a visit, stay for a lifetime.”

The Committee was also impressed with Ridgecrests “ Habitat for Humanity” program. Through

total volunteer contributions, “ sweat equity” and hard work by local religious organizations, two

“ HUD” houses have been completely renovated and now house local families. These homes

were previously “ eyesores” and have since been remodeled, re- landscaped and otherwise brought

up to the high community standards of Ridgecrest. All this at no cost to the taxpayers of the

area; thus “ some in need” citizens are cared for, and “ some of the blights” of the community are

removed. The program is ongoing and two more homes will be “ rehab’ed”.

Congratulations Ridgecrest! Other Kern County Cities should follow your lead in removing

local housing blight.

The Cities & Services Committee takes this opportunity to thank the members of the Health

Education and Social Services Committee for their help with this report.

NO RESPONSE REQUIRED

34

CITY OF SHAFTER

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 200l Kern County Grand

Jury pursuant to section 925. a of the Penal Code.

INTRODUCTION:

The City of Shafter was founded in 1913 and incorporated in 1938. Shafter is a Charter City

with a City Manager and five elected members on the city council.

Members of the Cities and Services Committee visited the city on August 4, 2000. The

committee made a tour of the city to determine its overall general appearance, and noted the

condition of the streets, and the general appearance of the World Trade Center Area.

The committee then met with the City Manager and the Finance Director and discussed the

overall operation of the city.

FINDINGS:

The city limits of Shafter are now approximately 4 miles from the city limits of Bakersfield.

This close proximity is due to the fact that Shafter has annexed certain areas surrounding the

former city limits to help bring in more businesses to the area and to enhance the operation of the

World Trade Center, Enterprise Zone and new businesses.

Shafter has its own Police Department and fire protection is by contract with the Kern County

Fire Department.

The city’s street maintenance master plan has been updated and the streets are in better repair,

than was observed by previous grand jury visitations.

Shafter has actively pursued a Community Development Block Grant for the revitalization of the

downtown area.

To quote from the Community Development Department, County of Kern:

“ The purpose of the activity is to revitalize and improve the appearance of the City’s downtown

area. Furnishings include benches, bike racks, and trash receptacles, planter islands with plant

material, irrigation and other related appurtenances. These will be placed along three

downtown blocks of Central Avenue and two blocks of James Street on paved surfaces adjacent

to the cities vision project and downtown re- vitalization program. The city considers its

downtown area to be a major positive component in conditions and appearances for local

residents who shop at many of the locally owned

35

existing businesses. The City of Shafter will implement the project and be responsible for the

future maintenance of these improvements.”

COMMENTS:

The Cities and Services Committee of the 2000- 2001 Grand Jury congratulates the City of

Shafter on the downtown revitalization project and the forward- looking efforts of the city

government to extend the adage “ Shop locally”.

The City of Shafter is to be congratulated on their aggressive pursuit of attracting new businesses

to the area.

NO RESPONSE REQUIRED

36

CITY OF TAFT

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 2001 Kern County Grand

Jury pursuant to section 925. a of the Penal Code.

INTRODUCTION:

Members of the committee visited the city on August 31, 2000 and made a tour of the city to

determine its overall general appearance. The committee looked for problem areas, particularly

those “ blighted areas” as mentioned in the 1999- 2000 Grand Jury Final Reports.

FINDINGS:

Taft is a general law city with an elected City Council and a City Manager who serves at the

discretion of the City Council. The city has a full time police force of 12 sworn officers and a fire

department with 6 full time firemen. The Fire Department works in concert with, and in full

cooperation with the County Fire Department that maintains county services in close proximity

to the city.

The population of the city is approximately 6600 citizens, plus 5659 prisoners in the Federal

prison and another 475 inmates at the Taft Correctional Facility. Accordingly, the city of Taft

has an estimated population of approximately 11,750.

The committee met with the City Manager, Chief of Police, City Treasurer and the Fire Chief.

Discussions were held on the law enforcement aspects of the city, building and safely code

enforcement and the city budgets including the capital improvement projects that the city

currently has underway.

One of the capital improvement projects includes sidewalk improvement; these to include

provisions for the handicapped and to improve the overall appearance of the downtown area. It

is generally accepted that the city makes every effort to enhance the area with the advent of

“ Oildorado Days”.

“ Oildorado Days” are held every five years as a celebration of the discovery of oil in the area.

37

The city has 6 elementary schools, l middle school, 1 high school and one

continuation school. Taft also has one 2- year college and the West Kern Facility.

This facility houses mentally and/ or physically disadvantaged people who are

educated towards independent living. When the West Kern “ students” leave the

facility they are deemed ready to take a place in society and be as independent as

possible according to their mental and physical needs.

COMMENTS:

It was a pleasure to note that many of the “ blighted areas”, dilapidated houses and other

structures have been removed. The citizens in concert with the city management are making

excellent progress towards solving the overall appearance problems in the areas immediately

surrounding the incorporated city. This effort by the citizens, including schools and other civic

organizations, show that the city is making every effort to showcase the Taft area and the city

itself.

The city of Taft appears well managed by a caring city government. The city management is to

be complimented on their leadership in “ cleaning up” the area.

NO RESPONSE REQUIRED

38

CITY OF TEHACHAPI

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 200l Kern County Grand

Jury Pursuant to Penal Code Section 925. a.

INTRODUCTION:

The city is governed by a five- person council who are elected for two- year terms. The city

council selects a mayor from among their members every four years thus the city is assured of at

least two years of experienced governing officials.

The city of Tehachapi is located approximately 45 miles east of Bakersfield on State Highway 58

at approximately 4,000 feet of elevation. The city advertises itself as “ The Land of Four

Seasons”. The area is noted for its excellent apple crops, and has lately become one of the

nations largest producers of Asian Pears.

FINDINGS:

The committee met with the City Manager and discussed any problems that the city is

encountering. One ongoing problem was with the Capitol Hills subdivision, which was financed

with Mello- Roos bonds. Since our last report a private party has purchased the outstanding

bonds and the plan is that the investor will relieve the city of most or all of its outstanding debt

with regard to these bonds.

The city has begun a major repair effort to improve the city streets and is contemplating

installing a computed master plan for street and road maintenance.

At the time of our visitation the City Manager with the City Council were in negotiations with

local pilots concerning the city’s annual financial loss operating the airport. Several accounting

problems have been addressed and the City Council has assured the citizens that every effort is

being made to rectify the situation.

The Kern County Sheriffs office supplies law enforcement to the area. Fire protection to the area

is by contract with the Kern County Fire Department. The city has a five- year budget plan and

maintains a fifteen- percent cash reserve. The 2000- 2001 annual budget is $ 8,141,807.

39

COMMENTS:

The City of Tehachapi appears neat and clean. The city appears to be well managed and at long

last appears to have solved the Capital Hills subdivision problem.

We congratulate the Cities Management concerning their diligence and their efforts to solve the

Capital Hills project problems.

NO RESPONSE REQUIRED

40

TEHACHAPI MUNICIPAL AIRPORT

REPORTING COMMITTEE: CITIES & SERVICES

PURPOSE:

The Cities and Services Committee of the 2000- 2001 Kern County Grand Jury reviewed the

operation and expenditures of the Tehachapi Municipal Airport.

INTRODUCTION:

Members of the Committee visited the airport, met with the City Manager, Finance Director and

Airport Manager to discuss the operation and expenditures of the airport.

FINDINGS:

November 3, 1980 the County of Kern deeded the County Airport to the City of Tehachapi. The

property is described by metes and bounds in the Description, dated August 1, 1980, stamped

Exhibit “ A”. The Quitclaim Deed states, “ TO HAVE AND TO HOLD” with the following

restrictions:

“ If the City of Tehachapi does not use said property for aviation purposes and uses

incidental thereto for any continuous one year period, then the City of Tehachapi shall

automatically forfeit its title to said property which shall revert to the County of Kern,

and the City of Tehachapi shall immediately furnish the County of Kern with a good and

sufficient Quitclaim Deed therefor”.

The City of Tehachapi supports the Municipal Airport with taxes from the General Fund, FAA

grants, grants from California Department of Transportation, miscellaneous income and rental

fees.

The FAA grants are received after the projects are completed. The up front funding is supplied

by the City of Tehachapi General Fund. When the grant monies are received from an agency,

they are placed in the General Fund reimbursing funds all ready expended.

The City of Tehachapi has indicated the Municipal Airport is $ 383,000 in debt in the Airport

Enterprise Fund. This is an accounting procedure and will be waived at the end of this fiscal

year. This past year the Airport Enterprise Fund has ended $ 9,000 in the black. It is the intent of

the City of Tehachapi to operate the Municipal Airport so it is an enterprise fund which is self

supporting and not a burden on the local taxpayers.

Seven airplane owners are residents of the City of Tehachapi. The remaining plane owners

reside outside the City of Tehachapi. The airplane owners support the funding of the airport with

fuel purchases and rental return from the hangars. Without this participation there would not be

enough funding to keep the airport operating in a self- sufficient manner. There would be a

greater draw upon the General Fund.

41

A special district for the airport was discussed. This is not appropriate.

In the fiscal year of 2000/ 2001 the Enterprise Fund had a projected surplus of $ 9,002. The

fiscal year 2001/ 2002 is projected to have a surplus of $ 9,221. The fiscal year 2002/ 2003 is

projected to have a surplus of $ 12,211. The fiscal year 2003/ 2004 is projected to have a surplus

of $ 14,104. The fiscal year 2004/ 2005 is projected to have a surplus of $ 19,039.

The Revenues include California Airport Aid at $ 10,000 per year. Fuel Sales are projected to

increase each year at approximately $ 2,000 greater than the previous year. The Airport Leases

are projected to increase by the cost of living index. The hangar fees are scheduled to increase

according to the cost of living index. Other revenues are projected at a moderate increase for the

next five years.

The Expenditures include costs for personnel and operations. The other areas listed under

Expenditures are depreciation and capital purchase. There are no capital expenditures projected.

The City of Tehachapi staff was cooperative with the Grand Jury. They provided all the

requested documents and were available to answer questions.

A new fuel system has been installed. It has a 12,000 gallon capacity with a baffle in the center

so two grades of gasoline can be handled.

The airport contains 273 acres of deeded land. The length of the runway is 4,035 feet. It will

handle aircraft up to 28,000 pounds.

The State of California wants to build an off ramp at the northeast corner of the airport from

Highway 58 to Denison Lane. The off ramp land requirements will take one half to one acre of

airport land.

The unsecured tax, tax on airplanes goes to the General Fund.

COMMENTS:

The City of Tehachapi is solving the airport indebtedness by zeroing out the past debts.

The City of Tehachapi wants the Municipal Airport to be self- supporting. The Airport “ will

spend what it makes. Will spend within means.” The projected surplus will enable the airport

to operate. Additional funding sources either grants or income, will be needed to provide capital

purchases.

The City Manager and Financial Director explained the concept of depreciation as used in past

accounting, which caused great confusion. From now on it will be on a cash basis.

42

The City of Tehachapi’s adopted five- year budget for FY 2000/ 2001 to FY 2004/ 2005 gives an

overall picture of the airport revenue and expenditures for that period of time. ( SEE Section V,

Airport Fund.)

The projections of the airport costs for management and operations seem reasonable. The capital

expenditure costs will be supported by grants, operating revenues, and by the users of the

facilities.

The members of the Grand Jury Cities and Services Committee are convinced an effort is being

made to rectify the issues between the municipal airport users and the City of Tehachapi. The

Committee feels that the city’s intention to operate the municipal airport as a self- supporting

enterprise is in order.

NO RESPONSE IS REQUIRED

43

CITY OF WASCO

PURPOSE OF INQUIRY:

Annual visitation by the Cities and Services Committee of the 2000- 2001 Kern County Grand

Jury pursuant to section 925. a of the Penal Code.

INTRODUCTION:

Members of the committee visited the city on July 31, 2000. We made a tour of the city to

determine the overall general appearance. The committee met with the City Manager and

discussed the overall operation of the city departments and some of the problems that the city

was undergoing. The committee examined and compared current and past budgets including

capital improvement and maintenance.

FINDINGS:

The city of Wasco, “ Rose Capitol of the Nation”, was incorporated December 22, 1945. The

population is approximately 20,000. Wasco is a general law city with five City Council

members. All members are elected at large. The Mayor and Vice Mayor are selected each year

on a rotating basis from among the city council.

Wasco State Prison is one of the state’s largest prisons, providing 1500 jobs. The prison houses

approximately 6,000 inmates.

The city has one high school, one continuation school, four elementary schools and three

privately operated schools.

The city’s current annual budget is approximately $ 13,000,000.

The city owns Wasco Valley Rose Golf Course. Bonds were sold to construct the golf course.

The total debt currently stands at approximately $ 15,000,000 including interest. The 2000- 2001

golf course debt requires an annual payment of $ 1,200,000. The estimated income of $ 100,000

from the golf course is barely adequate to support the maintenance and general operation of the

golf course.

It is estimated that the total worth of the golf course is approximately $ 3,500,000 and the debt

currently stands at over $ 15,000,000 creating a massive problem for the city.

Negotiations are currently underway with the state government to alleviate the city’s major

problem, which is the golf course debt. A contract with the Kern County Sheriff’s department

provides law enforcement to the area. Response time is estimated at three minutes. The Kern

44

County Fire Department provides fire protection. Cost of the fire protection is paid by a “ Fire

Tax” that was instituted prior to Proposition 13 and remains in effect.

COMMENTS:

The present city manager and the council members are to be commended for their diligent efforts

in attempting to solve the financial problems caused by the Wasco Valley Rose Golf Course.

They are also to be commended for the continuing effort to maintain the overall excellent

appearance of the city. Streets are clean and in general good repair, the city presents an

appearance of well- being.

NO RESPONSE REQUIRED

CONTINUITY & TRACKING

COMMITTEE

Chairman

Gerald M. Alderete

Members

Joseph B. Corn

Nellie G. Gomez

EDIT / FINAL REPORT COMMITTEE

Chairman

James E. Poole

Vice Chairman

Cleo M. Harlander

Secretary

Elaine S. Hiatt

Members

Harold D. Casper - Chair.

Administration & Audit Committee

Frank G. Pitts - Chair.

Cities & Services Committee

Gerald M. Alderete - Chair.

Continuity & Tracking Committee

Gerald R. Pelant - Chair.

Health, Education & Social Services Committee

Thomas D. Stockton - Chair.

Law & Justice Committee

Nellie G. Gomez - Chair.

Public Relations & Recruiting Committee

Helen J. Richards - Chair.

Ad Hoc Committee

Ex Officio Members:

Robert E. Herrick, Foreman

Helen J. Richards, Foreman Pro Tem

Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

45

EDIT/ FINAL REPORT COMMITTEE

We have dedicated ourselves to:

Serve and Assist private citizens, public employees and elected officials to

strive for excellence in county government.

And the production of a fair and equitable Final Report.

Section 925 of the California Penal Code provides that grand juries shall investigate and report

on the operations, departments, and functions of the county, and Section 925( a) that they may do

the same on the operations, departments, and functions of any city within the county.

Penal Code Sections 933, et seq., requires public agencies and elective county officers affected

by the findings and recommendations contained in the Final Report to respond to the Final

Report. The affected public agencies have 90 days, and elective public officers have 60 days in

which to file their responses.

As to grand jury findings, Penal Code Section 933.05 requires responding parties to indicate

whether they agree in whole or disagree in whole or in part with each grand jury finding.

As to grand jury recommendations, Penal Code Section 933.05 requires responding

parties to indicate whether each recommendation has been implemented or will be implemented

and, if so, when. If a responding party will not implement a recommendation, the party must

explain why it will not implement the recommendation. If a party believes that a

recommendation requires further study, Penal Code Section 933.05 requires that it state when

the results of the study will be publicly discussed.

One of the major goals of each grand jury is the assembling, production and publication of the

jury's Final Report in keeping with mandated end- of- term date of June 30th of each fiscal year. In

order to assure the on- time completion of this task, an Edit/ Final Report Committee was formed

early in the year.

The Final Report is the product of the concentrated group activity and contains a number of

important subjects and key recommendations, which if acted upon, should contribute

significantly to improving many areas of county and city operations.

This Final Report of the Kern County Grand Jury will be directed to our Presiding Judge, the

Board of Supervisors, all communications media, school districts, libraries, superior court

judges, District Attorney, Sheriff, and chiefs of police, Probation Department and all county

departments heads. Also it will be on- line on the internet for all to see and study.

It is the burning desire of the Committee that this level of increased exposure will lead to an

increase in the awareness of the Grand Jury System in the State of California, County of Kern.

46

Through this knowledge many more citizens will possibly be willing to serve on grand juries and

thus gain and contribute much needed enthusiasm and talent.

" I would remind you that extremism in the defense of liberty is no vice. And let

me remind you also that moderation in the pursuit of justice is no virtue.

- Barry M. Goldwater

HEALTH, EDUCATION & SOCIAL SERVICES

COMMITTEE

Chairman

Gerald R. Pelant

Vice Chairman

James B. Garner

Members

Gerald M. Alderete

Richard L. Rutherford

Kern County Aging and Adult Services Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Kern County Cultural Treasures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Kernville Unified School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Lost Hills Unified School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Substance Abuse Control and Prevention in Kern County High Schools . . . . . . . . . . . . . . . . . 59

Kern County Necessary Small and Community Day Schools . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Kern County Veterans Service Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

47

FINAL REPORT

KERN COUNTY DEPARTMENT

ADULT AND AGING SERVICES

PURPOSE OF REPORT:

To describe the results of an investigative inquiry of the Kern County Aging and Adult Services

Department with major emphasis on the conservatorship program and all aspects of

conservatorship, pursuant to Penal Code Section 925 a. The 2000- 2001 Kern County Grand Jury

Committee of Health, Education and Social Services initiated the investigation.

FINDINGS:

The Health, Education and Social Services ( HESS) Committee met with the Kern County Aging

and Adult Services Department Director, Business Manager, Accounting Supervisor, Program

Director Protective Services, and Supervising Deputy Conservator.

The Office of Aging and Adult Services investigates and administers two types of

conservatorships:

Conservatorships for mentally ill persons pursuant to the Lanterman Petris Short ( LPS) Act, and

conservatorships for those who are aged or otherwise impaired.

LANTERMAN PETRIS SHORT ( LPS): The Public Conservator is the only entity

authorized by law to file a petition for LPS Conservatorship. ( However, a private person

may be appointed as the conservator, following the filing of the petition by the Public

Conservator.) LPS Conservatorship may be sought when a person is gravely disabled, to

wit, unable to meet his or her own basic needs for food, clothing, or shelter due to a

mental disorder. LPS Conservatorship is also available when a mentally ill person has

felony criminal charges for a crime involving great bodily injury and they have been

determined to be incompetent to stand trial, and they are presently dangerous. ( This is

commonly referred to as a “ Murphy” Conservatorship, named after the person who wrote

the legislation.) An LPS conservatorship may be a conservatorship of the person and the

estate. However, if a probate conservatorship is in existence when LPS conservatorship

is established, the LPS conservatorship shall be of the person only. Only with LPS

conservatoryship may a conservator place a conservatee in a locked mental health facility

and require a conservatee to undergo psychiatric treatment, including medication.

PROBATE CONSERVATORSHIPS: Probate Conservatorships may be filed by

anyone, and conservatorship of the person and/ or the estate may be sought. Probate

Conservatorship of the person may be sought when a person is unable to provide properly

for his or her personal needs for physical health, food, clothing or shelter. Probate

Conservatorship of the estate may be sought when a person is substantially unable to

manage his or her own financial resources or resist fraud or undue influence.

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A Probate Conservatorship is a legal determination based on facts showing a course of conduct

that proves a proposed conservatee is unable to “ properly provide” for personal needs and/ or is

“ substantially unable” to manage financial resources. “ Clear and convincing proof” is the

requirement. ( Conservatorship of Estate of Sanderson, 165 Cal. Rptr. 217)

Anyone may petition to be appointed probate conservator, and the proposed conservatee can

nominate his or her own choice. In case of conflicting petitioners, the selection is at the

discretion of the judge. ( Probate Code section 1810- 1812, 1820)

At the time a petition is filed to have a conservator appointed, a referral is made to the Court

Investigator who works for the Superior Court. The Investigator must personally interview the

proposed conservatee, in order to inform the proposed conservatee of his or her legal rights.

( Probate Code section 1826)

A temporary probate conservator may, but is not required to, be appointed to act until a

permanent appointment is made. Probate Conservatorships are terminated by court action or

upon the death of the conservatee.

The Aging and Adult Services Department Conservatorship programs involves 156 clients.

There are approximately 60 participants in the LPS Program. In the probate program there are

96 individuals. Approximately 30 of these individuals are deceased. Their estates require

additional work within the court system.

The Department has volunteer programs in the following areas:

HEALTH INSURANCE COUNSELING AND ADVOCACY PROGRAM ( HICAP)

- assist elderly in researching their health service pay out needs, interpreting insurance

policies and making appropriate payments.

NUTRITIONAL PROGRAM - prepare, transport and serve food for both

congregational meals and Meals- On- Wheels service.

SENIOR OUTREACH ASSESSMENT PROGRAM – volunteers to assist the elderly

to receive protective services. ( Currently available in Kern River Valley area only.)

ADMINISTRATIVE PROGRAM – volunteers are utilized in the administrative area

such as office computer systems, clerical, and other office needs.

Recent laws have changed the definition of Elderly Abuse to include physical, abandonment,

isolation and neglect, including self- neglect.

Instances of elderly abuse have increased 30% since the broadening of the laws. Many times a

family member or a neighbor will report suspected abuse. Each case is investigated. When it is

necessary, law enforcement is contacted.

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The Adult and Aging Services Department tries to utilize alternate forms of conservatorship

prior to assuming it. The Department stated, “ We’re you’re last option.” They counsel the

family about their responsibility. They work as a referral service and are committed to

improvement of services.

There are conservator fees. These are dependent upon the Probate Code and are based on the

size of the estate. The Courts approve all fees. Other counties provide the benchmarking for

fees.

The Department makes use of volunteers. There is a paid part - time employee to coordinate the

volunteer services.

COMMENTS:

The Aging and Adult Services Department is funded at $ 14,800,000. $ 5,600,000 comes from

Kern County General Funds and the balance comes from Federal and State monies.

The state funded conservatorship program costs are budgeted at $ 735,886 or approximately 5%

of total budget.

The Department utilizes volunteers to provide individual client support services. The Kern

County Board of Supervisors have approved the Department’s reimbursement for mileage and

“ Actual & Real” expenses to the volunteers. ( Board of Supervisors’ Meeting – March 20, 2001)

The Department makes good use of volunteers in the four programs.

There are three major referral agencies that provide skilled nursing home information to the

Aging and Adult Services Department:

BAKERSFIELD OMBUDSMAN is a California Department of Health Services funded

activity that is chartered to periodically visit residential health care homes for the elderly

within the County. The Ombudsman Program provides an on- going service. A paid

employee and volunteers man the local program. The website address is www. gbla. org.

COMMUNITY HEALTH CARE LICENSING provides oversight monitoring of

licensed board and care, and skilled nursing homes. The Bakersfield area is served

through the Ventura office. The website address is www. dhs@ ca. gov.

CALIFORNIA ADVOCATES OF NURSING HOME REFORM conducts quarterly

patient profile analysis of licensed health care facilities throughout the state and provides

lawyer referral services for estate planning, medical issues and wrongful deaths. The

website address is www. canhr. org.

The foregoing agencies are also available for referral information to the general public.

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A recent elderly abuse complaint investigated by the Kern County Grand Jury determined the

Adult & Aging Services Department had acted very responsibly in their client’s behalf, and a

follow up investigation by the Kern County Ombudsman’s office corroborated the Grand Jury’s

findings. The Committee investigation determined the Department is providing good services to

the County’s elderly population. Their website address is

WWW. CO. KERN. CA. US/ AAS/ AGING1. HTM

NO RESPONSE REQUIRED

51

FINAL REPORT ON TWO

KERN COUNTY CULTURAL TREASURES

This report is the result of the Health, Education, Social Service Committee ( HESS) inquiry and

investigation of the Kern County Museum and Pioneer Village, and the California Living

Museum ( CALM). It addresses their potential for continuing viability recognizing that both of

these programs have experienced difficulties in recent years in obtaining financial support and

attracting interest in the community.

BACKGROUND:

It's quite possible that many veterans returning from WWII had their first exposure to cultural

and historical entities while serving in foreign areas. These veterans then returned to Kern

County after the war and determined that there was merit in preserving and displaying artifacts

that represented the history of their home area. To this end, efforts began in 1950 to obtain the

furnishings and personal items of Bakersfield’s founder, Colonel Thomas Baker. This was to

create an historical display of those items in the Kern County Museum. The museum was

established that same year in the former Chamber of Commerce Building on Chester Avenue.

Although difficulties arose which prevented the county from obtaining the items from the Baker

estate, the concept of preserving local history remained strong and, in 1953, Pioneer Village was

born. The Board of Supervisors donated 12 acres of fairground property just south of the

museum along with an appropriation of $ 13,000 and told the newly appointed museum director

to “ get started”!

CALM

The CALM facility was founded in 1984 under somewhat similar circumstances. Some years

ago Hart Park, then called Kern County Park, had a zoo consisting of a small collection of

animals housed in cages that were far too small for adequate viewing by the public and for the

well- being of the animals. In 1968 a local entrepreneur stepped in with a rather grandiose

scheme to import wildlife from Africa and create a wildlife park at the old Hart Park zoo, to be

called “ Congoland USA”. Cooler heads prevailed, however, and Congoland never got off the

ground. About 1976 a local wildlife specialist wanted to create a refuge for wild life that, due to

injury, illness, abandonment, or advanced age, could not be rehabilitated and returned to the

wild. This refuge would also contain a botanical garden and a natural history display that would

showcase native California flora and fauna. It “ would be for the people of Kern County,

controlled by the people of Kern County”. It was to be supported by donations and staffed by

volunteers. Through the persistence of a small dedicated founding group and a contingent of

public supporters, the Board of Supervisors voted to give CALM a 50 year lease of 88 acres of

pristine land along a stretch of the Kern River for just $ 300 a year. Similar to Pioneer Village,

support for CALM was not unanimous.

One supervisor found it ironic that they were funding an organization that was " caging up wild

animals" with monies accrued from hunting and fishing licenses and fines. Nonetheless, the

majority prevailed and the lease was granted. As a result of the county’s recognition and

approval, there was growing support for CALM by corporate and private organizations. That

52

support was supplemented by interested individuals who made donations of labor, money, and

material. In 1984 CALM formally opened its doors to the public.

STRUGGLE TO SURVIVE

Prior to 1998 the major funding source for the Kern County Museum was as a department of

the county. Other sources of income included donations and fundraisers through the Kern

County Museum Foundation, a non- profit organization. In 1993 a local family bequeathed a

sizable donation and established the Lori Brock Children’s Discovery Center. The Discovery

Center is located on the museum grounds and serves as a memorial to the family’s daughter. It is

open to all and provides a large number of exciting cultural experiences for children between the

ages of 3 and 8. A final source of museum income is through gate fees and fees for special events

and activities. Unfortunately, funding by the county for the museum has always been a low

priority. The Board of Supervisors, responding to public pressure has always placed budgetary

considerations for safety and public health ahead of cultural activities, and arguably so.

However, the museum and its adjunct Pioneer Village and Lori Brock Children's Center were

falling into a state of “ arrested decay”. This term is used by the Bureau of Land Management to

indicate that time and money should be spent on necessary repairs only! The marginal support

from the county, coupled with minimal attendance due to a lack of attractions and deteriorating

facilities, served to further reduce income generated through public participation.

A “ WHITE KNIGHT” TO THE RESCUE

In 1997, the Museum Foundation, the Kern County Board of Supervisors, and the Kern County

Superintendent of Schools ( KCSOS) entered into a Joint Powers Agreement whereby the

KCSOS would assume operation of the museum. The agreement was finalized in January of

1998. The taxpayers of the county have benefited from this agreement in many ways:

·   The museum provides hands- on, real life examples of California and local history, a subject

that is mandated by the state for all 3rd and 4th graders.

·   The grounds, buildings, and museum contents provide a natural setting for science,

horticultural and vocational training; i. e. carpentry, electrical, sheet metal, welding, etc. To

this end the county schools office has established the Museum School with some core classes

for local high schools on the museum grounds. Included is a program for training students to

serve as docents for the younger school children.

·   The new caretakers have supplemented the existing staff with craftsmen and professionals for

grounds maintenance, horticulture, artifact and collectibles restoration and administration.

This provides the museum and grounds with a life and sparkle undreamed of in previous

years.

·   The KCSOS has initiated the Valley Oaks Charter school adjacent to the museum grounds.

Valley Oaks is a teaching center, staffed with fully credentialed teachers. This addresses the

needs of children in home school programs.

·   Summer job training programs, funded under the auspices of the Job Training Partnership

Act ( JTPA), provide economically disadvantaged students with hands- on

experiences designed to better prepare them for employment once their education is

complete.

·   The museum and grounds are now more fully utilized for live entertainment, including

concerts and special events. Weddings are also held there.

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NO FREE LUNCH

These new services and amenities being provided by the Kern County Superintendent of

Schools have not come without a price. The 1996- 1997 museum budget was slightly over

$ 406,331 and the county’s contribution shall continue at this rate through July 1, 2001. For

1999- 2000, the total budget is $ 1,963,962, with the bulk of the difference ($ 1,557,631) coming

from the KCSOS general fund. Funding and governance of the museum by the county schools

office is a bold declaration that cultural and educational activities must be given a higher priority

in our community. Those areas should be given consideration for funding commensurate with

staff increases for the police department and the sheriff’s office. The continual increases in the

budgetary support for public safety teamed with the historic lack of fiscal support for education

and quality of life programs is something of a corollary to the expression, “ The beatings shall

continue until morale increases”. Both areas must have sufficient financial support if we are to

have a healthy and robust community!

IN SUMMARY:

The Kern County Superintendent of Schools office has recognized and taken action to preserve

and enhance this cultural treasure called the Kern County Museum. It’s up to us, as county

residents, to more fully integrate it into our leisure and entertainment hours!

KCSOS TO THE RESCUE

In 1998, by way of a joint powers agreement between the office of the Kern

CountySuperintendent of Schools and the Friends of Calm Foundation, responsibility for

theoperation of the CALM facility was also transferred to the KCSOS. The foundation, short of

funds and faced with the possibility of having to close the facility, had requested

the agreement. A new lease for 88 acres, less a 20 acre easement for a planned reservoir,

was executed with the Kern County Department of Parks & Recreation. This lease requires

annual payments of $ 12,500 and is subject to renegotiation in 2003.

The new operators began a program to refurbish the grounds and wildlife enclosures. The

cleanup required removal of some twenty truckloads of debris. In addition to this refurbishing,

the KCSOS committed to two major capital improvement projects: a new and much larger bear

habitat and a large faux granite waterfall enclosure to replace what essentially was a fenced

mudhole.

FOUNDING CONCEPTS ARE RETAINED

The original concept of CALM remains intact. It continues to serve as a cultural center with

displays representing local plant and wildlife as a part of a broader effort to share all the rich

treasures of Kern County’s history. This includes the story of the early native people who settled

here. The facility continues to receive a good deal of volunteer support and much of the

operational cost is recovered through gate fees, donations, and fund raisers. The KCSOS’

ongoing support will be limited to providing administrative personnel as well as personnel for

maintenance of the buildings and grounds. A special note of recognition is extended to all the

individuals and organizations that have donated their time, money, and materials through the

years keeping the CALM facility intact. An example is the Wayne Kirschenman family who

donated the historic DiGiorgio home and arranged to have it relocated to the CALM property,

where it is presently used as their learning center.

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A major advantage of having the KCSOS’ office manage the CALM facility is that efforts can

now be made to obtain licensing and credentials for CALM from various national and

international wildlife and zoological organizations. This will greatly enhance the possibility of

getting additional financial support through grants, endowments and tax considerations.

VALUE vs COST TO COUNTY TAXPAYER

CALM receives no direct funding from the county of Kern and, in fact, the county benefits

financially from its existence as a result of the lease agreement between CALM and the Parks

and Recreation Department. One measure of CALM’s value to residents of the county will be

through the level of public participation in the program. Qualitatively, however, it is not possible

to measure the long- term value of what we have gained as a result of this major effort to preserve

our cultural past. Quantitatively, The Figure 1 Graph illustrates the relationship of attendance to

support expenditures for the Calm and Museum facilities for periods both pre and post KCSOS

stewardship.

SUMMARY

Now two Kern County cultural treasures have been rejuvenated and given a new lease on life.

Adults as well as children can now more fully enjoy CALM’s animal and plant exhibits, local

fossil and archeological collections and artifacts from the native Indian cultures who occupied

these lands. For visitors looking for a memento of their visit, or for an unusual gift, there is also

a totally refurbished and expanded gift shop! The CALM facility is on the Internet:

www. calmzoo. org . For further information call ( 661) 872- 2256.

NO RESPONSE REQUIRED

55

FINAL REPORT ON KERNVILE UNIFIED

SCHOOL DISTRICT

PURPOSE OF REPORT:

To describe the results of an investigative inquiry of the Kernville Union School District

in regards to class size, Classified Services and Special Education, pursuant to Penal

Code Section 925. The investigation was initiated as a result of a citizen complaint.

The complainant’s concerns were special education services, the lack of aides, class size, and the

expenditure of the new state funds. The 2000 – 2001 Kern County Grand Jury assigned the

investigation to the Health, Education & Social Services ( HESS) committee.

FINDINGS:

The committee met with the principal in the school. He stated due to the Average Daily

Attendance reduction from prior years, there was a shortage of funds. As a result of less

funding, an aide was released, and two teaching positions were terminated. The district is

planning to replace the aide.

The committee met with the superintendent at the district office. He gave a full report on the

district budget. He explained the budgetary problems created by the enrollment decline. The

enrollment dropped from 1046 to 991.

The superintendent gave an overview of the Healthy Start Program. These funds are restricted

for personnel, supplies and services within that adopted program.

He reported the Special Education program was underfunded by the state. Last year the speech

therapist, contracted from the County School Office, cost more than the district had budgeted.

Title I funds are sent to the district and distributed to designated schools. These monies are used

as the site determines.

A new school bus was purchased with District Budget transportation funds.

The Unaudited Actuals 1999/ 00 General Fund Program Cost Report and Unaudited Actuals

General Fund Unrestricted and Restricted were reviewed.

There are a total of 73 students participating in the Resource Specialist Program in the Kernville

Union School District. The district has a capacity of 84 students. The district has three full-time-

equivalent positions. Fourteen students attend the Kernville Elementary School Resource

Specialist program. One teacher is assigned to work with Resource Specialist students half time.

The other half of his time is Title I. Title I is a program for remedial assistance in Mathematics

and Reading. There is a procedure for admitting students to participate in the program. There

56

are four aides multi- funded by the Title I, Special Education. and Categorical Funding

Programs.

The Special Day Programs and Speech Therapy Program are operated by the Kern County

Superintendent of Schools office. There are three teachers in the program; two work with the

Learning Handicapped Program and one is assigned to the Severely Handicapped Program.

There are five aides assigned to the program. These programs are funded with Special

Education and Categorical funds.

The Speech Therapist is assigned to the district part- time.

The Kernville Elementary School recently had a Coordinated Compliance Review. The District

was in compliance in all but two minor areas. Areas have been corrected and the district is in

compliance. This is an excellent record.

COMMENTS OR CONCLUSIONS:

Beginning with the 2001- 2002 school year, the District will operate the Speech Therapy

program. The district will be filling the position. This will provide more flexible Speech

Therapy services for the district.

The programs appear to be serving the students and meeting the requirements of Individual

Educational Plans.

The district personnel were very cooperative during the Grand Jury investigation inquiry.

NO RESPONSE REQUIRED

57

FINAL REPORT

LOST HILLS UNIFIED SCHOOL DISTRICT

PURPOSE:

To report the results of the Kern County 2000- 2001 Grand Jury Investigative Inquiry into the

Lost Hills Unified School District operations and procedures; in accordance with 925A of the

California Penal Code.

FINDINGS:

The Lost Hills Union School Board members have been remiss in exercising their official duties

and responsibilities by delegating to the Superintendent functions normally required by the

Board of Trustees, as delineated in the Kern County Superintendent of Schools Handbook For

Trustees dated February, 2000.

Public Use of school facilities is contained in Lost Hills Board of School Trustees policy number

AR 3230( A) which in part states; “… The use of buildings, property and grounds shall be granted

with charge, except in the case of use by nonprofit organizations and clubs or associations

organized to promote youth and school activities when an alternative location is not available to

such organizations…. the Board of Trustees maintains final decision making authority as to the

classification of groups applying pursuant to California Education Code Section 40043.”

The Lost Hills Unified School District has surpassed their Academic Performance Index ( API)

growth goals for the l999- 2000 academic year. The district has been very progressive in

implementing student computer systems, a “ Lightspan” home reading program and distance

learning capabilities. The School District also participates in the Migrant Act Education program

and commencing in l999 they have expanded the staff and instructional hours dedicated to this

program.

Some school district expense items ( travel and conference expenses) have been unusually high

for the size of the School District. However, the governing authority, the School Board of

Trust