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2002- 2003 KERN COUNTY GRAND JURY FINAL REPORT
TABLE OF CONTENTS
General Information
Columbia Space Shuttle and Crew .......................................................... GI- 1
Grand Jury Oath....................................................................................... GI- 2
Photograph of Grand Jury........................................................................ GI- 3
Judge Wallace .......................................................................................... GI- 4
Foreman’s Letter to Judge ....................................................................... GI- 5
Grand Jury Officers.................................................................................. GI- 7
Assistant District Attorney, Steve Tauzer................................................ GI- 9
Grand Juror’s Supervisorial Districts ...................................................... GI- 10
Supervisorial District Map....................................................................... GI- 11
Year in Review ........................................................................................ GI- 12
Ad Hoc
Committee Photograph ............................................................................ AH- 1
Mission Statement.................................................................................... AH- 2
Kern County Elections Department......................................................... AH- 3
Administration and Audit
Committee Photograph ............................................................................ AA- 1
Mission Statement.................................................................................... AA- 2
Bakersfield College.................................................................................. AA- 3
Response ...................................................................................... AA- 6
Kern Community College District ........................................................... AA- 13
Response ...................................................................................... AA- 17
Kern County Administration Purchasing Dept........................................ AA- 21
Kern County Assessor/ Recorder.............................................................. AA- 24
Kern County Department of Airports ...................................................... AA- 28
Kern County Grant Program.................................................................... AA- 31
Kern County Administrative Office Grant Research Unit....................... AA- 34
Mariachi Foundation................................................................................ AA- 36
Cities and Services
Committee Photograph ............................................................................ CS- 1
Mission Statement.................................................................................... CS- 2
City of Bakersfield................................................................................... CS- 3
City of California City ............................................................................. CS- 6
City of Delano.......................................................................................... CS- 8
City of Maricopa...................................................................................... CS- 10
City of McFarland.................................................................................... CS- 12
City of Ridgecrest .................................................................................... CS- 15
City of Shafter.......................................................................................... CS- 17
City of Taft............................................................................................... CS- 20
City of Tehachapi..................................................................................... CS- 23
City of Wasco .......................................................................................... CS- 25
City of Wasco Animal Control ................................................................ CS- 27
Response ...................................................................................... CS- 29
Continuity and Tracking
Committee Photograph ............................................................................ CT- 1
Mission Statement.................................................................................... CT- 2
Kern County Board of Supervisors.......................................................... CT- 3
Continuity and Tracking Review............................................................. CT- 6
Edit
Committee Photograph ............................................................................ EC- 1
Mission Statement.................................................................................... EC- 2
Final Report Members ............................................................................. EC- 3
Health, Education and Social Services
Committee Photograph ............................................................................ HE- 1
Mission Statement.................................................................................... HE- 2
Child Protective Services......................................................................... HE- 3
Department of Public Health ................................................................... HE- 7
Elk Hills ................................................................................................... HE- 8
El Tejon Unified School District ............................................................. HE- 11
Kern Medical Center................................................................................ HE- 12
Muroc Joint Unified School District........................................................ HE- 15
Law and Justice
Committee Photograph ............................................................................ LJ- 1
Mission Statement.................................................................................... LJ- 2
Arvin Police Department ......................................................................... LJ- 3
Bakersfield Police Department ................................................................ LJ- 5
Budget Enhancement ............................................................................... LJ- 8
Delano Police Department ....................................................................... LJ- 9
District Attorney’s Crime Lab ................................................................. LJ- 12
Domestic Violence................................................................................... LJ- 14
Holding Facility at Delano Court............................................................. LJ- 16
Response ...................................................................................... LJ- 18
Holding Facility at Taft Court ................................................................. LJ- 22
Response ...................................................................................... LJ- 23
James J. Bowles Juvenile Hall and Kern Crossroads .............................. LJ- 28
Kern County Sheriff’s Department.......................................................... LJ- 30
Kern County Sheriff’s Department
Coroner Division.................................................................................... LJ- 42
Kern County Sheriff Jail .......................................................................... LJ- 45
Kern County Department of Agriculture and Measurement ................... LJ- 50
Megan’s Law Computer .......................................................................... LJ- 52
Mesa Verde CCF...................................................................................... LJ- 54
Parking at the Court House...................................................................... LJ- 56
Rural Crimes Unit .................................................................................... LJ- 58
Stallion Springs Police Department......................................................... LJ- 60
Turning Point ........................................................................................... LJ- 62
Victim/ Witness Program.......................................................................... LJ- 64
Video Arraignments................................................................................. LJ- 66
Public Relations and Recruiting
Committee Photograph ............................................................................ PR- 1
Mission Statement.................................................................................... PR- 2
Special Awards List ................................................................................. PR- 3
Special Districts
Committee Photograph ............................................................................ SD- 1
Mission Statement.................................................................................... SD- 2
Arvin Community Service District .......................................................... SD- 3
Bear Mountain Recreation and Park District........................................... SD- 5
Boron Community Services District........................................................ SD- 7
Buttonwillow Recreation and Park District ............................................. SD- 9
Desert Lake Community Service District................................................ SD- 10
East Kern Cemetery District .................................................................... SD- 11
Enos Lane Public Utility District............................................................. SD- 12
Frazier Park Public Utility District .......................................................... SD- 14
Golden Hills Community Service District............................................... SD- 16
Greenfield Community Water District..................................................... SD- 18
Inyokern Community Services District ................................................... SD- 20
Lake Isabella Community Service District.............................................. SD- 21
McFarland Recreation and Park District ................................................. SD- 23
Mojave Public Utility District.................................................................. SD- 25
North of the River
Sanitary District No. 1 ........................................................................... SD- 26
Rand Communities Water District........................................................... SD- 28
Rosamond Community Service District .................................................. SD- 29
Rosedale- Rio Bravo Water District ......................................................... SD- 31
South Fork Mosquito Abatement District................................................ SD- 33
South Kern Cemetery/ Arvin .................................................................... SD- 34
Wasco Recreation and Parks District....................................................... SD- 35
West Kern Water District......................................................................... SD- 37
West Side Mosquito and Vector
Control District ..................................................................................... SD- 39
General Information
2002- 2003 Grand Jury
Ahumada, Edwardo
Foreman Pro Tem
Aronson, Diana
Coogle, Robert
Eaves, Ronald
Edmonds, Thomas
Fleming, Loretta
Fry, Kenneth
Hardy, Thomas
Parliamentarian
Hernandez, Richard Joey
Kline, Patrice
Recording Secretary
McCall, James
Mendes, Reba
Assistant Sergeant- at- Arms
Molitoris, John
Sergeant- at- Arms
Mott, Harold
Owens, Charles
Troxel, Gordon
Wenland, Burton
Wright, Charles
Foreman
Grand Juror’s Oath
“ I do solemnly swear ( affirm) that I will support the constitution of the
United States and of the State of California, and all laws made pursuant
to and in conformity therewith, will diligently inquire into, and true
presentment make, of all public offenses against the people of this state,
committed or triable within this county, of which the Grand Jury shall
have or can obtain legal evidence. Further, I will
not disclose any evidence brought before the Grand Jury, nor anything
which I or any other Grand Juror may say, nor the manner in which I or
any other Grand Juror may have voted on any matter before the Grand
Jury. I will keep the charge that will be given to me by the court.”
GI - 2
KERN COUNTY
GRAND JURY
2002 - 2003
First Row: B. Wenland, R. Coogle, K. Fry, C. Owens, L. Fleming, J. Molitoris
Middle Row: R. Eaves, E. Ahumada, R. Mendes, P. Kline, D. Aronson, R. J. Hernandez
Back Row: H. Mott, T. Edmonds, G. Troxel, T. Hardy, J. McCall, C. Wright
June 25, 2003
The Honorable Arthur E. Wallace
Supervising Judge to the Grand Jury
1415 Truxtun Avenue
Bakersfield, CA 93301
Dear Judge Wallace:
During the years, your sage advice to the last three Grand Juries has been
appreciated. The knowledge of your support and encouragement assisted the
Grand Jury with the difficulties encountered and endured. The 2002- 2003
Kern County Grand Jury respectfully submits this Final Report prepared
during our twelve- month term.
The shock of September 11 was still painfully fresh to the current Grand Jury
when other events struck closer to home. The loss of the Grand Jury’s
District Attorney Advisor and the crew of the shuttle Columbia, which was
trained in Kern County, reminds us that life hangs by a precious thread.
Maintaining focus, the Grand Jury’s investigation of Child Protective
Services ( CPS) came against the challenge of Grand Jury mandates of
reviewing all county departments and investigating citizen’s complaints.
Though the Grand Jury is an arm of the Superior Court with each member
sworn to maintain confidentiality, the Grand Jury was forced into Juvenile
Court to gain free access to CPS confidential documents. The Grand Jury has
requested that the District Attorney find a political champion to change the
Welfare and Institute Code § 827 to include the 58 county Grand Juries.
A large number of entities and issues throughout the county warrant the
attention of a Grand Jury review. The task is impossible to complete during a
one- year term. This Grand Jury kept track of their reviews and investigations
during this term. Future Grand Juries can base their reviews on this matrix
and delve into new areas or continue prior investigations as necessary.
The policy and procedures manual used by the Grand Jury was examined and
updated. A new feature was added this term where responses to prior years’
reports have been added to the Kern County Grand Jury website which is
http:// www. co. kern. ca. us/ grandjury/).
GI - 5
More than 80 citizen complaints were received and forwarded to appropriate committees for
review and investigation, reinforcing the belief that all citizens have a last resort when all
other measures have failed.
Finally, the Grand Jury would like to thank the County Counsel, Bernard Barmann and his
staff, for their advice during the year, District Attorney, Michael Yraceburn and his staff and
investigators, for their indictment efforts, Terry McNally and Kay Beavers for their
assistance in many areas.
This Grand Jury feels that it has been an honor to serve Kern County.
Sincerely,
Charles C. Wright, Foreman
2002- 2003 Kern County Grand Jury
2002- 2003 KERN COUNTY GRAND JUROR
* Ahumada, Edwardo
Foreman Pro Tem
Jon McQuiston 1
Aronson, Diana
Don Maben 2
Coogle, Robert
Jon McQuiston 1
Eaves, Ronald
Ray Watson 4
Edmonds, Thomas
Barbara Patrick 3
Fleming, Loretta
Don Maben 2
Fry, Kenneth
Ray Watson 4
* Hardy, Thomas
Parliamentarian
Ray Watson 4
Hernandez, Richard Joey
Pete Parra 5
* Kline, Patrice
Recording Secretary
Don Maben 2
McCall, James
Ray Watson 4
Mendes, Reba
Assistant Sergeant- at- Arms
Barbara Patrick 3
Molitoris, John
Sergeant- at- Arms
Barbara Patrick 3
Mott, Harold
Barbara Patrick 3
Owens, Charles
Pete Parra 5
Troxel, Gordon
Jon McQuiston 1
Wenland, Burton
Don Maben 2
* Wright, Charles
Foreman
Jon McQuiston 1
* Holdover members from 2001- 2002 Grand Jury
GI - 10
YEAR IN REVIEW
Once again the Grand Jury was made up of professional people from different fields
including public and private enterprise. Most geographic areas of Kern County were
represented on this year’s Grand Jury.
The work of the Grand Jury started in July of 2002. Training was provided by past
members to assist the new Grand Jury in understanding their role on the jury. The
members were eager to start with their visitations and other committee duties. The reports
contained in this final report represent many hours of interviews, research, and findings.
It was a cumulative effort to put together a comprehensive report for the citizens of Kern
County.
This year was different in that many agencies faced budget difficulties which impacted
their operations. Monies received from the state were reduced substantially and
threatened a reduction of services and programs provided by agencies. This has
challenged boards and districts to be more efficient. The Grand Jury is charged with the
task of seeing that the agencies and districts make the best use of the money that is
allocated to them.
Nonetheless, the different committees did find deficiencies in some of the operations of a
few agencies. One big factor affecting agencies or districts is the lack of training for
people elected to represent and to make budget decisions for their constituents. There is
the need for boards to insist on proper training of all board members regarding duties and
responsibilities. Lack of training has led to some violations of the Brown Act and failure
to follow the Roberts Rules of Order. Some rely on the present staff to operate the
organization without exercising sufficient oversight to ensure that procedures are carried
out properly.
There is an enormous amount of grant monies that pass through the county. There is no
centralized location to monitor grants and contracts. Rather, each department is left to
monitor their own grants. In some cases this lack of control led to allegations of misuse
of public funds. Language in some grants and contracts does not specifically spell out the
reporting requirements.
The Grand Jury did find that most boards and city councils are made up of individuals
who are eager to represent their constituents. The majority of these elected individuals try
their utmost to operate in an efficient manner. These individuals are to be commended
for their efforts and results in overseeing their respective areas of responsibility.
GI - 12
AD HOC COMMITTEE
Edward O. Ahumada – Chairman
Robert D. Coogle
Thomas H. Hardy
Harold G. Mott
KERN COUNTY ELECTIONS DEPARTMENT
PURPOSE OF INQUIRY:
The Ad Hoc Committee of the 2002- 2003 Kern County Grand Jury initiated a review of
the election process pursuant to Penal Code Section 925 and 933. The review was
conducted through interviews with various staff within the Elections Department, District
Attorney’s Office, and private citizens. Also, applicable laws and regulations were
researched.
The Ad Hoc Committee observed the election work at Election Central and was present
during the verification of the provisional and fail safe ballots.
BACKGROUND:
• The Secretary of State is the Chief Elections Officer of the state. The Secretary of
State with the approval of the legislative body may hold a meeting to discuss matters
affecting the administration of the election laws and to promote uniformity of
procedures in those matters.
• The law dictates that statewide general elections shall be held on the first Tuesday
after the first Monday of November in each even numbered year.
• Special elections shall be held on one of the established election dates set by this
division or on the date of any statewide special election except as provided by law.
• Absentee voter means any voter casting a ballot in any way other than at the polling
place. A “ special absentee voter” can be any member of the armed forces, their
spouses and dependents, any United States citizen living outside the territorial limits
of the United States or any person serving on a United States documented merchant
vessel. A “ permanent absentee voter” is a registered voter who has requested their
county election official send them an absentee ballot for every election. An absentee
voter can vote in a polling booth by surrendering the unused absentee ballot to the
precinct inspector. Any absentee voter who is unable to surrender his or her absentee
voter’s ballot shall be issued a provisional ballot. Persons not planning to vote
absentee but find themselves physically incapable of reaching the polls on Election
Day may have an absentee ballot delivered by an elections official.
• Every United States citizen at least 18 years of age at the time of the election and a
resident of the County is eligible to vote if registered.
• One must register 15 days prior to any election.
AH - 3
• A registered voter who has moved from one address to another within the same
county and who has not registered to vote at the new address may, at his or her
option, and upon showing proof of current residence, vote on the day of the election
at the polling place at which he or she is entitled to vote based on his or her current
residence address, or at the office of the county elections official or other central
location designated by the elections official. The voter shall reregister at the current
address for voting in future elections. Voters casting ballots under this section shall
be required to vote by provisional ballot.
• A piece of mail returned undelivered by the post office shall not be accepted or used
as evidence upon which to initiate a challenge as to residency by any member of the
precinct board unless other evidence or testimony is presented.
• The right to vote is protected by law. Any doubt in the interpretation of the law shall
be resolved in favor of the challenged voter.
• The precinct staff will issue a provisional or fail safe ballot where there is conflict
involving the voter roster.
TOUCH SCREEN VOTING
• The County has been awarded $ 3,401,866.46 from the Voting Modernization Board
to purchase modern voting equipment system hardware, including the software in
accordance with the Voting Modernization Bond Act of 2002. The county is required
to match these funds at a ratio of one dollar of county monies for every three dollars
of fund monies.
• Kern County will have an annual saving of approximately $ 345,000 by not printing
election ballots and an additional $ 36,000 by reducing the number of pages in the
sample ballots. The total annual cost of the Touch Screen Voting system will be
$ 343,000 per year. This includes financing cost of $ 256,000 for a period of seven
years.
• The Elections Department in conjunction with the vendor has developed a
comprehensive implementation plan that is constantly updated. This plan is to ensure
that the transitions will occur without incident. Implementation is scheduled to be
completed July 2, 2003. Extensive training on the new system has been scheduled
for the election staff and poll workers.
• The touch screen voting machine is user friendly and bilingual. They operate in a
similar manner as the Automated Teller Machines ( ATM’s). The vendor for the
touch screen is also a major vendor for ATM’s in this state, country, and world.
AH - 4
• The touch screen voting machine is designed to assist most handicapped individuals.
Some of these features are:
1. Voice terminal with a head set and a key pad like existing telephones.
2. Large Print.
3. The lap top portion can be hand carried to individuals incapable of walking into
the polling place.
4. Quadriplegic individuals will be able to use a mouthpiece to vote.
• Touch screen voting will allow early voting in outlying areas up to 29 days before
election such as Ridgecrest, Taft, Delano, and Mojave.
• Public awareness will be accomplished by the Elections Department outreach to the
various communities. They are looking at installing sample machines in libraries and
other public buildings.
ELECTIONS CODE PENAL PROVISIONS
• The following is a summary of the elections code penal provisions:
1. Payment for Voting – Offering valuable consideration for voting in a particular
manner.
2. Electioneering at or Near Polls – Circulating an initiative, soliciting voters or
placing a sign relating to voting within 100 feet of the polling place.
3. Corruption of the Voting Process – Interfering with the process of holding an
election.
4. Corruption of Voters - Refrain an individual from voting.
5. Intimidation of Voters – Threatens a voter in any manner.
6. Corruption of Voting – An individual not entitled to vote.
7. Corruption of Absentee Voting – Interfering or not qualified to vote absentee.
8. The crime of voter fraud is punishable by imprisonment in any jail or prison. If
no fine is herein prescribed, the court may impose a fine not exceeding $ 1,000 in
cases of misdemeanors or $ 10,000 in cases of felonies, in addition to
imprisonment.
AH - 5
FINDINGS:
Elections General
The demographics of the county are:
Primary
Election
March 5, 2002
General
Election
November
5, 2002
Total Number of Precincts
Reporting
480 657
Number of Voting ( Polling
Place) Precincts
342 343
Number of Mail Ballot
Precincts
138 314
Registered Voters: 248,637 259,786
Republicans 48.1% 47.9%
Democrats 37.0% 37.9%
American Independent 2.7% 2.5%
Green 0.3% 0.2%
Libertarian 0.6% 0.5%
Natural Law 0.1% 0.1%
Reform 0.4% 0.3%
Non- Partisan 10.7% 10.6%
• The Department of Motor Vehicles when issuing a drivers license shall give the
individual an opportunity to register to vote. They do require proof of legal presence,
which does not necessary mean proof of citizenship. This could include Resident
Alien Card, Foreign Passport, or Mexican Border Crossing Card.
Election Central
• Precinct officers return ballot boxes from various polling places throughout Kern
County to Election Central. Ballot boxes in outlying areas are returned by County
Clerk personnel or by Kern County Sheriff’s Office.
• The election results are tabulated in Ridgecrest for the Indian Wells Valley area.
Those results are transmitted on election night via computer link- up to Election
Central in Bakersfield.
• The elections official supervises the central counting center operations to ensure that
the various control points within the center have adequate written instructions and are
staffed with the proper personnel.
AH - 6
• No one except authorized personnel will be permitted in any area immediately
adjacent to the ballot counting equipment or in any area adjacent to an elections
station or personnel engaged in the handling of ballots. There are no less than two
individuals staffing every elections station. All personnel authorized within any
secured area wear badges at all times.
• During the verification of Absentee, Provisional, and Failsafe ballots the elections
staff will cross- reference all of the information ( date of birth, former and current
address, phone number, and signature) that is supplied on the envelope to insure an
eligible ballot. Once this is completed election staff will exchange his/ her work with
another worker to verify accuracy. Once this is complete the ballots that are verified
are allowed to stand.
• Cost for the election is $ 1.3 million. Cost for recounts is based on the number of five
member teams to accomplish the task. It is normally $ 923.00 per day/ per team.
• The Division Chief of Elections has the opportunity to attend monthly meetings with
other county directors and elections officials. Along with networking with others
they lobby the legislature on concerns of the voting public. Due to budget constraints
the Chief is unable to attend all the scheduled meetings.
• The election staff receives extensive training on signature identification provided by
county staff, District Attorney’s Office, Department of Justice, and outside
consultants.
• Poll workers are minimally trained and furnished a procedures manual. There is also
a command post set up at election central to address any questions and/ or problems.
There are troubleshooters hired to roam the precincts to ensure that everything is
proceeding satisfactorily.
• The printing of the ballots is the primary cost for an election. The printing firm has
special paper and ink which is controlled by the state. This control is necessary to
ensure conformity within the counties.
• By law, ballots for at least 75% of the registered voters must be printed.
• Election ballots are stored for 22 months even though the elections have been
certified. This includes ballots not used. Shredding eventually destroys the stored
ballots. The Bakersfield Association of Retarded Citizens ( BARC) does the
shredding.
Arvin Recall Election
• In early 2002, a recall petition was initiated to unseat the Mayor as a member of the
Arvin City Council. The petition was successful. However the resulting election was
unsuccessful as verified by the Elections Department of Kern County.
AH - 7
• The four precincts in Arvin were combined into two polling sites.
• This election was monitored closely due to allegations of voter fraud in previous
elections.
1. In December of 2002 the Elections Department received a letter from a
recognized city official in authority alleging voter threats and intimidation. This
letter was forwarded to the District Attorney’s office.
2. The elections department also received complaints from various sources.
• The District Attorney’s Office has no standards for investigating voter fraud. They
developed procedures specifically for this recall.
• The District Attorney’s Office, working in conjunction with the Elections
Department, developed a list of nineteen individuals who possibly were not eligible to
vote. Investigators and deputies were sent to the voter’s residence for investigation.
They were not in uniform, however, they were armed as required by policy. In
October of 2002 the District Attorney’s office filed charges against four individuals
for voter fraud. Two pleaded no contest and received three years probation after
serving ten days in custody and performing 120 hours of community service. The
individuals were required to pay a $ 100 fine plus $ 180 in court fees. Another rejected
a plea bargain and faces up to a one year in jail. The fourth individual is facing
charges.
• The Mayor charged that the investigators, during their investigation, were wearing
firearms and intimidating the citizens. The Committee did look into this and were
informed that by policy investigators carry holstered firearms.
• The City of Arvin was billed $ 23,711.43 from the Kern County Elections Office for
the cost of the August 13, 2002, mayoral recall election. The City is eligible to be
reimbursed from the state about $ 3,000.00 for the cost of mailing absentee ballots.
30th District Assemblyman Election
• The Elections Department reviewed 280 Provisional Ballots and rejected 151 along
with reviewing 4,840 Absentee Ballots rejecting 281. The County Counsel advised
the Elections Department to re- verify ballots still on hand, which were 371, consisting
of 280 Provisional Ballots and 91 Absentee. The re- verification revealed no
adjustments needed.
• The Republican Party observers watched as the provisional and fail- safe Ballots were
verified. They challenged 53 votes out of 500 but all were found to be valid.
• The Republican Party hired a research firm after the general election to investigate
the integrity of voters.
AH - 8
• The voter registration of the 30th District Assembly is as follows:
County Total
Registered Democratic Republican American
Independent Green Other
Fresno 14,965 5,509 7,414 332 32 1,678
Kern 50,315 31,579 13,075 982 72 4,607
Kings 45,872 19,016 20,851 942 87 4,976
Tulare 9,657 4,548 3,818 205 14 1,072
Total 120,809 60,652 45,158 2,461 205 12,333
Percent 50.20% 37.38% 2.04% .17% 10.21%
• Three months prior to the election approximately 15,000 voters were registered in the
30th District. Of this, 10,000 were in Kern County with the remainder in other
counties. This amount also includes reregisters.
• Normally the county has a 60% Republican and 40% Democratic voter turn out.
During the current general election the turn out was 60% Republican and 35%
Democrat. Even though the percentage is lower for the Democratic Party the
additional 10,000 registered votes influenced the election.
• It was observed that individuals were electioneering within 100 feet of the polling
place. These individuals were requested to stop electioneering by polling officials,
however, they returned once the officials left.
• Individuals who solicit registration at various locations are compensated for each new
registration. The solicitors are not required to receive training or follow any
guidelines.
COMMENTS:
The Elections Division is performing an exceptional job. They perform their tasks in
compliance within government laws and regulations with limited resources.
RECOMMENDATIONS:
• The Elections Department should develop a written critique after each election
depicting what went right and what went wrong with the election process. This could
be used to improve the functions of future elections.
• A comprehensive training plan with specific objectives should be designed and
developed specifically for the task to be performed. The trainee should be given an
entrance exam and an exit exam to determine the effectiveness of that training.
AH - 9
• Both the District Attorney’s Office and the Elections Office should jointly develop
formal standards to investigate election fraud. Any violation of election law should
be prosecuted to the fullest extent of law.
• The following recommendations will require amendments to the elections code but
are deemed worthy of a legislative effort:
1. Individuals who deliver absentee ballots to a precinct should show identification.
2. Individuals should show a recognized Identification when signing in to vote such
as drivers license or California identification. The precinct worker should verify
address and signature.
3. Individuals who solicit registration at various locations should not be
compensated for each new registration. They should receive adequate training to
deal with the public and given a competency test.
4. Individuals registering to vote either at the Department of Motor Vehicles or other
locations shall provide proof of citizenship.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
AH - 10
August 4, 2003
The Honorable Stephen P. Gildner
Presiding Judge
Kern County Superior Court
SUBJECT: RESPONSE TO GRAND JURY REPORT ON ELECTIONS
Dear Judge Gildner:
We wish to thank the Grand Jury for their interest in and analysis of the election process in Kern
County. The implementation of the new touch screen voting system is an ideal time to
implement Recommendations 1 and 2.
Response to Recommendations:
1. Written critique of each election is an excellent suggestion. Currently, all comments
by both poll workers and trouble shooters are compiled and reviewed by elections
staff and management. Separate post election meetings are held with election trouble
shooters and staff, but there is no written synopsis of these meetings. This procedure
will be implemented at the upcoming major election.
2. A comprehensive training plan has been developed and will be implemented for the
next election.
3. It is the responsibility of the Registrar of Voters to report possible election fraud to
the District Attorney. Investigation and prosecution of election fraud is the
responsibility of the District Attorney.
4. The input regarding possible amendments to the Elections Code is appreciated.
Again, we would like to thank the Grand Jury for their interest and suggestions.
ADMINISTRATION & AUDIT COMMITTEE
Thomas H. Hardy – Chairman
Robert D. Coogle
Harold G. Mott
BAKERSFIELD COLLEGE
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
visited Bakersfield College on September 3, 2002, pursuant to Penal Code Sections 925
and 933. The Committee met with the President and the Executive Director who
presented the mission and operations of the college. The Committee was given an
extensive tour of the college campus and observed the various construction project sites.
BACKGROUND:
The mission of Bakersfield College ( BC) is to empower students and community to
succeed by providing exceptional instruction and services in a supportive environment.
BC’s vision is to be known for its excellence and to collaborate in community
development, foster cooperative efforts, and cultivate partnerships. BC desires to ensure
student success through innovative programs and high standards of service.
BC is a two- year learning institution founded in 1913 and has resided at its present 153
acre main campus since 1956 and has a current enrollment of 15,000 students. The
College has been under the authority of the Kern Community College District since 1968.
BC offers Associate in Arts and Associate in Science degrees, as well as Certificate of
Achievement in more than 40 fields of study. BC maintains three detached college
campuses and offers classes in four high schools in Kern County. Also, they offer distant
learning programs through television and the Internet. BC is rated among the top 100
largest community colleges in the nation.
FINDINGS:
• BC is being operated very efficiently under tight budget constraints and uses various
grants as a means to assist in accomplishing its mission. Grant and bond issues have
become the College’s main source of funds in maintaining infrastructure. State
spending reductions have severely handicapped BC in accomplishing many projected
goals to improve the infrastructure. Local projects are paid for entirely through
district funds.
• BC was able to educate 706 more students than their funds provided for during the
2001- 2002 enrollment period. The projected short fall for the 2002- 2003 enrollment
period is estimated to be $ 0.15 on the $ 1.00 of the projected budget.
• BC had been cited for non- compliance of Educational Code 84362 ( the 50% law)
which requires that 50% of state funding be budgeted for classroom functions, thus
limiting operational expenditures. Position classifications were the underlying reason
for this non- compliance. An example would be a coach position, coaching a team and
teaching English. The coaching duties would not be classified as a classroom
AA - 3
function. These classifications have now been refined. BC has been in compliance for
the last two years.
• Proposition 98, the “ Classroom Instructional Accountability and Improvement Act of
1988”, was meant to guarantee a minimum level of funding for the states K- 12
schools and community colleges. The measure that was supposed to bring needed
financial aid to California community colleges has under- funded the community
colleges by $ 2.7 billion over the last 10 years. This has created financial problems
for both K- 12 schools and community colleges. Each year the Legislature suspends
Educational Code 43201.1, which was written to guarantee community colleges
10.93% of all Proposition 98 funds. With the passage of Proposition 13, local tax
funding for K- 12 schools has dried up, and monies intended for community colleges
has been shifted to the K- 12 area.
• A local bond issue, Measure G, will be voted upon in the November 2002 election.
The passage of Measure G would provide $ 180 million to Kern Community College
District for the repair of infrastructure, remodel and repair of classrooms and
laboratories, replace obsolete equipment, and upgrade to modern technology.
• BC is experiencing deterioration in many areas of the campus infrastructure.
1. The GET bus drop off landing has 15 feet of severely damaged asphalt needing
immediate attention.
2. The painting of buildings should be completed every 10 years. BC can only
afford to paint every 20 years, in some cases it’s even longer. The Language and
Arts building has areas of deterioration on its cement walls and stairway landings.
The entire building is in need of painting.
3. An out- of- town expert with experience in the outmoded system is required to
assist in repairing the electrical problems on campus. The parts for the electrical
system must be custom made because they are no longer manufactured.
4. Water is pumped through 46 year old galvanized pipe which is in a state of
deterioration.
• A new state of the art pool is near completion. This new 50- meter Olympic size pool,
of Italian design, utilizes stainless steel and Styrofoam making the pool low
maintenance and cost effective. The pool is equipped with a handicap chair lift to
assist the disabled.
• The Child Development Center project is now complete and provides needed space to
handle the rapid growth requirements.
• The pool and library projects received large sums of private donations. These
structures are open and used by the community.
• BC has enhanced the beauty of the campus with several landscape improvements.
AA - 4
• With the increased student body, parking has become a critical problem.
RECOMMENDATIONS:
1. Immediate attention to repair the bus stop landing is needed for the safety of the
students.
2. The electrical system requires modernization.
3. The water pumps and pipes require immediate repair and/ or replacement.
4. Painting of buildings, especially the Language and Arts Building, need to be
accomplished.
5. An individual should be assigned at the Community College District level to perform
grants research.
6. Establish a committee composed of students and faculty to resolve the parking issue.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
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Office of the President
Bakersfield
January 8, 2003
COLLEGE ▀ ▀ ▀ ▀ ▀ ▀ ▀
The Honorable Stephen Gildner
Presiding Judge of the
Kern County Superior Court
1415 Truxtun Avenue
Bakersfield CA 93301
Dear Judge Gildner:
My response to the Grand Jury report dated October 17, 2002, regarding Bakersfield
College, was purposefully delayed. I had hoped to provide definitive information based
on the outcome of the Kern Community College District Measure G. I am pleased to
report the voters within the service area of the Kern Community College District, which
includes Bakersfield College, approved Measure G in the November 2002 election.
Measure G is a $ 180 million general obligation bond. From its proceeds, $ 115 million
will be used to renovate, modernize, and expand our aging Bakersfield College facilities.
I am also pleased to report that listed among the projects to be funded with Measure G
bond proceeds are three of the projects identified among the six recommendations
presented by the Grand Jury, specifically # 2, 3, and 4.
While funding for these three specific projects is contained within Measure G, the
timeline with which these will be completed is uncertain at this time. The Kern
Community College District ( KCCD) is in the process of creating its new Facilities
Development, Planning and Management Structure. The Kern Community College
District, including Bakersfield College, is in the process of arranging its Measure G
project priority list. As required by law, a citizens' oversight committee will review
projects to be financed. The Kern Community College District Board of Trustees will
appoint this committee at their March meeting. It is anticipated that the first general
ligation bonds . o b will be issued as early as March 2003.
K e r n C o m m u n i t y C o l l e g e D i s t r i c t
1801 Panorama Drive ■ Bakersf ield, CA 93305 ■ Online www. bc. cc. ca. us ■ Fax 661.395.4698 ■ Phone 661- 395- 4211
The Honorable Stephen Gildner
January 8, 2003
Page Two
Following is my response to each of the individual recommendations enumerated in the
Grand Jury report:
Recommendation # 1: Immediate attention to repair the bus stop landing is
needed for the safety of the students.
It is intended that the bus stop landing will be repaired this year with capital revenues
currently budgeted. As you are well aware, public agencies are facing drastic mid- year
reductions. It may become necessary for the college to revert scheduled maintenance
money to the State in order to cover the State- mandated reductions.
Recommendation # 2: The electrical system requires modernization.
The electrical system will be modernized in phases. The initial phase is scheduled to
begin in May. Subsequent phases of modernization are designated among the first
priorities to be addressed with Measure G proceeds.
Recommendation # 3: The water pumps and pipes require immediate repair
and/ or replacement.
Water pumps and pipes in some buildings will be repaired and/ or replaced as college
project proposals are approved by the State for capital outlay or scheduled maintenance
allocations. In the event State approval is not forthcoming, the modernization of
Bakersfield College's infrastructure is contained within the list of projects planned for
Measure G proceeds. The Measure G project list is enclosed. ( Attachment A)
Recommendation # 4: Painting of buildings, especially the Language Arts
Building, needs to be accomplished.
Painting of the Language Arts building is a priority. In addition to being listed as a
Measure G project, preliminary plans for completely refurbishing the Language Arts
buildings have been submitted for possible State capital outlay funding secured under
the Proposition 47 revenue bond. This project is currently moving through the Initial
Project Proposal ( IPP) process. The IPP process is the first step of a five- step, five-year
construction plan. The proposed budget year for this project, if approved, is 2005-
06.
The Honorable Stephen Gildner
January 8, 2003
Page Three
Recommendation # 5: An individual should be assigned at the Community
College District level to perform grants research.
Over the course of the last two years, Bakersfield College has contracted with three
consultant/ grant writers, and has submitted proposals realizing over $ 8 million in
successful grants, infusing much needed capital into our instructional programs.
Bakersfield College will continue to prospect grants as resources permit.
Considering the precarious fiscal conditions the California Community College system is
currently facing as a result of the State of California budget deficit, it is inadvisable to
consider new staff positions at this time. The Kern Community College District mid- year
reduction is projected to exceed $ 3 million. This represents an annualized amount of
more than $ 6 million, which will be on going; this uncertain financial situation makes it
difficult to add new positions.
Recommendation # 6: Establish a committee composed of students and faculty to
resolve the parking issue.
In my 14- year tenure at Bakersfield College, parking concerns have surfaced
periodically from students and faculty. There have been ad hoc meetings with students
and faculty leadership represented to resolve parking issues. It has been approximately
two years since faculty and students last met to discuss parking issues. The issue is not
one of lack of adequate number of parking spaces available, but rather the proximity of
the parking spaces to the buildings. Several years ago, in order to mediate the
complaints about parking being " too far" from the buildings, the Associated Student
Body provided shuttle services. Enclosed is a campus map identifying parking areas on
campus ( Attachment B). l have highlighted the, areas that at all times have parking
available.
Students have also expressed concerns about the cost of parking. The California
Education Code authorizes the District to require parking fees of up to $ 40 per
semester. The parking service fees assessed at Bakersfield College are currently
$ 20/ semester. Comparatively, California State University, Bakersfield charges $ 36 per
quarter. The parking fee is annually evaluated and approved by the Kern Community
College District Board of Trustees.
The Honorable Stephen Gildner
January 8, 2003
Page Four
In conclusion, recommendations 2, 3, and 4 will be completed with proceeds from State
and local bonds. The local bond, Measure G, will likely be issued in three phases over
the course of the next 12 years. From Bakersfield College's perspective,
recommendations 1, 2, 3, and 4 are high priority projects.
Thank you for the time and consideration you, the Honorable Judge Arthur Wallace, and
members of the Grand Jury have shown Bakersfield College as we continue to look for
ways to improve our service to the community.
Sincerely,
Sandra V. Serrano
President
SVS: ds
cc: Mr. John Rodgers, President, KCCD Board of Trustees
Dr. Walter Packard, Chancellor, KCCD
Attachments
ATTACHMENT A
EXHIBIT A-. 1
The Governing Board of the Kern Community College District has evaluated safety,
technology and instructional needs in developing the scope of college facility projects to be funded as
outlined in the District's Educational/ Facilities Master Plan, amended from time to time, on file at the
District's Chancellor’s Office. Key projects and estimated costs are identified below.
PROJECTS
Projects to be completed at Bakersfield College ( BC), Cerro Coso College ( CC), Porterville College
( PC) and District- wide ( D)
Additional Classrooms and Renovation $ 99,675,000
Additional Classrooms- Ridgecrest ( CC)
Expanding Classrooms in Health Services ( PC)
Expand Delano Education Center ( BC)
Additional Classrooms for Satellite Education Centers ( D)
Improving Classrooms in the Agricultural Instructional Facility ( PC)
Expanding the Computer/ Applied Technology Facility ( PC)
Expand Media/ Art / Performing Arts Classrooms ( CC)
Acquire land to expand local education center( s) ( D)
Improve Student Services Facilities ( PC)
Improve/ Upgrade Health/ Fitness Center, Physical Education facilities ( PC)
Renovate Science Learning Center ( CC)
Renovate/ Construct Science and Engineering Facilities ( BC)
Construct Labs ( BC. CC, PC)
Expand Child Development Facilities
Health and Safety Upgrades $ 44,520,000
Upgrade Buildings, including replacing outdated safety and utility systems
Upgrade deteriorating classrooms, instructional spaces and facilities for:
Language Arts, Levinson Hall ( BC)
Upgrade electrical infrastructure campus wide ( BC)
Remove Asbestos and hazardous materials ( CC)
Modernize outdated Applied Science & Technology facilities for health/ safety ( BC)
Modernize Business Education and Fine Arts Buildings for health/ safety ( BC)
Upgrade outdated Classrooms/ Labs for health/ safety ( BC, CC, PC)
Acquire updated physical education equipment, improve physical education
fields/ facilities for health/ safety ( BC, CC, PC)
Construct Water Well ( CC)
Energy Efficiency Improvements $ 7,550,000
Install Solar Energy Systems for energy efficiency ( CC)
Replace outdated Heating and Air Conditioning units for energy efficiency ( PC)
Site Improvements for Accessibility, Safety & Security $ 905,000
Install modern Fire Alarm Systems ( PC}
Repair and resurface unsafe blacktop in parking lot( s) for safety ( CC)
Install Emergency Telephone Systems for safety/ security ( PC)
Information Technology and Equipment $ 27,350,000
Install modem computer technology District- wide at college and education centers ( D)
Replace outdated Instructional Equipment ( BC, PC, CC)
Modernize College Learning Center ( BC)
Install Distance Learning technology at colleges and education centers ( D)
Install modem wiring/ technology in college libraries and computer technology
centers ( D)
Upgrade College Telephone Systems ( BC, CC, PC)
Replace outdated Technology Equipment ( BC, CC, PC)
TOTAL $ 180,000,000
KERN COMMUNITY COLLEGE DISTRICT
PURPOSE OF INQUIRY:
The Administration & Audit Committee of the 2002- 2003 Kern County Grand Jury
initiated an investigation based on a citizen complaint. This investigation was pursuant to
Penal Code Section 925 and 933. The investigation was conducted through interviews,
review of documents, contracts, applicable laws, and regulations.
BACKGROUND:
Kern Community College District ( KCCD) serves an area of approximately 24,800
square miles in parts of Kern, Tulare, Inyo, Mono, and San Bernardino Counties and is
geographically one of the largest community college districts in the United States. The
District serves a population base of about 700,000 people. KCCD has an estimated
enrollment of 22,500 students with an annual operating budget of approximately $ 82
million.
KCCD was established as a separate entity on July 1, 1968. Prior to its establishment, the
educational services were provided to residents of this area by: Bakersfield College since
1913, Porterville College since 1927, and Cero Coso College in the Ridgecrest area since
1951.
KCCD has many community education centers offering courses at locations away from
the colleges. The District has embarked on a distance education venture, which includes
the use of sophisticated technology. The Western Association of Schools and Colleges
accredits all three colleges. The District is a charter member of the League for
Innovation.
FINDINGS:
The Committee focused on four specific areas of inquiries; contractor uses of utilities,
adherence to the prevailing wage law, payment of liquidated damages, and bid splitting.
1. Utilities - Contractors are not complying with the terms of the contract, specifically
that they are to install temporary utilities through the local utility company or connect
to existing service. If the option is to connect to existing power with a clamp on
meter is to be installed.
• Temporary power would be costly to install through the utility company at a
conservative rate of $ 40 per linear foot.
• The use of existing power would give the contractor a favorable rate by utilizing
the lower kilowatts per hour rate enjoyed by a college. This is in violation of
AA - 13
utility company’s Rule 18 where it states; “ a customer shall not furnish or use
electricity received from the utility company upon premises, or for purposes,
other than those specified in his application for service.” The application for
utility service could not be produced.
2. Prevailing Wages - Sections 1770 through 1780 of the California Labor Code states
in part that public works projects in excess of $ 1,000 will adhere to the prevailing
wage law.
• KCCD is meeting its statutory responsibilities through the architecture and
engineering ( A& E) firm that reviews the prevailing wage requirement for major
projects.
• KCCD does not have any procedure for addressing prevailing wage requirements
for local projects administered by the colleges.
• There are no on- site interviews by the owner ( KCCD) to verify that workers are
paid prevailing wages by the contractors.
3. Liquidated Damages – The owner is due liquidated damages when the contractor fails
to complete each phase of the contract within time limits fixed for completion. The
completion date may be extended with a modification of the contract through a
change order.
• KCCD planning is hindered when projects are not completed on schedule. This
interferes with education programs and the community as a whole.
• The Committee’s review of change orders, reflected excessive time extensions
were not explained on the change orders. The KCCD, value engineering, and
latent conditions processed change order requests due to requested upgrades.
Below are a breakdown of contracts reviewed and their respective overruns:
Project Original Contract Percent Increased
of Contract
Days Project
Extended
Child Development Center $ 3,471,600 11% 135
Pool Project $ 2,160,106 6% 197
Student Services Seismic
Retrofit
$ 564,400 18% 142
Note: There was a Value Engineering Change Order on the Pool Project reducing the
original contract to $ 1,920,106 which was used to determine the percent increase.
4. Bid Splitting – California Deering Code, Public Contract Code, § 20657, Splitting
orders or projects; “ It shall be unlawful to split or separate into smaller work orders or
projects any work, project, service, or purchase for the purpose of evading the
provisions of this article requiring contracting after competitive bidding.”
AA - 14
• Construction projects reviewed by the Committee found no convincing evidence
of bid splitting.
• KCCD is governed by Article 41 of the Public Contract Code that initially did not
address construction type contracts. The article was later revised to include
construction contracts for $ 15,000 or more. However, prior to this revision,
KCCD Governing Board elected to come under the Uniform Public Construction
Cost Accounting Act as prescribed in Public Contract Code § 22032.
• Construction projects, that fall under the threshold for a contract are let by a
purchase order and funded through the yearly operating budget. If the project
extends into the following fiscal year, an additional purchase order would have to
be issued to complete the project. This condition could give the appearance of bid
splitting.
COMMENTS:
Kern Community College District relies heavily on the A& E firm and gives them
authority to ensure that the district interests are protected. However, the responsibility
still remains with the District to ensure adherence with all laws and regulations.
RECOMMENDATIONS:
1. Utilities
• KCCD should be reimbursed for the cost of utilities used by the contractors. The
reimbursement should be the higher of utility cost bid in the contract with
associated profit margin or a cost estimate based on an independent electrical
engineering study.
• Construction contracts should reflect owner- supplied utilities. If new
construction, the contractor should tie into the local utility company and be billed
separately. This would eliminate any conflicts in reimbursements.
2. Prevailing Wages
• KCCD should periodically spot check the on- site work force through interviews
to ensure prevailing wages are paid.
3. Liquidated Damages
• The Director of Facilities and Planning should approve or disapprove on all
requests for change orders. This would ensure that construction projects are
completed in the best interest of the District and taxpayers.
AA - 15
4. Bid Splitting
• All construction projects should be assigned a work order/ project number for
tracking and costing purposes. Projects should be identified in totality even
though the project could extend into subsequent years. If the project is below the
dollar amount for bidding and is reasonably expected to encompass more that
one- year, a negotiated contract should be established which would include that the
contract is contingent on funding.
• KCCD should strictly adhere to the Cost Accounting Policies and Procedures
Manual of the California Uniform Public Construction Cost Accounting
Commission.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
AA - 16
February 11, 2003
The Honorable Stephen Gildner
Presiding Judge of the
Kern County Superior Court
1415 Truxtun Avenue
Bakersfield, CA 93301
Dear Judge Gildner:
The following is the Kern Community College District's response to the Grand Jury
report on a citizen complaint regarding contractor uses of utilities, adherence to the
prevailing wage law, payment of liquidated damages, and bid splitting.
The Kern College District responded to the citizen complaint by initiating an
independent audit of its administrative controls on construction projects. This audit was
conducted by the MGT of America firm and was overseen by two distinguished local
community leaders. The District has already initiated several of the process and
documentation changes recommend in the MGT report. In addition, the District has also
begun training its facilities directors on requirements for construction contracting,
bidding, prevailing wage requirements, change orders, and various documentation
requirements.
With the passage of Measure G, the District will be implementing a new Facilities
Development, Planning and Management structure. This new organization will be
charged with completing the implementation of the recommendations of both the Grand
Jury and the MGT of America firm.
Kern Community College District's Responses to Grand Jury Recommendations
follow:
Utilities
• Construction contracts should either reflect owner- supplied or contractor- supplied
utilities. In order to comply with Rule 18, the District should not allow a
contractor to connect to the District's electrical power and then use a sub- meter to
determine the amount of power used in order to reimburse the District for cost.
Response: District concurs with this recommendation and will incorporate contract
language ( excluding new construction) to note that power will be owner- supplied.
Honorable Judge Gildner
February 11, 2003
Page Two
•
•
•
If a project is new construction, the contractor should tie into the local utility
company and be billed separately. This would eliminate any conflicts in
reimbursements.
Response: District concurs with this recommendation and will incorporate contract
language on future new construction projects which require the contractor to tie into
the local utility company and be billed separately.
On smaller remodel projects where power is already available at the job site, it
may be cost effective for the District to simply supply the utilities to the
contractor.
Response: District concurs with this recommendation and will incorporate contract
language on future construction projects ( excluding new construction) that the power
will be owner- supplied.
The District should be reimbursed for the cost of utilities used by the
contractors on past projects. The reimbursements should be the higher of
utility cost bid in the contract with associated profit margin or cost estimate
based on an independent electrical engineering study.
Response: District has received reimbursement for utility costs on all three projects
identified in the citizen complaint. The District believes that these reimbursements
were reasonable based upon assumptions used in deriving these costs. Since these
projects were closed out prior to receipt of the Grand Jury report, the District believes
that further analysis is not necessary or cost effective. The District did evaluate the
cost benefit of having an independent electrical engineering study and determined the
cost of the study would most likely exceed the reimbursable costs that could be
recovered.
Honorable Judge Gildner
February 11, 2003
Page Three
Prevailing Wages
• The District should periodically spot check the on- site work force through
interviews to ensure prevailing wages are paid.
Response: The District has drafted procedures to document that all prime contractors
are aware of requirements to pay prevailing wages and that they are required to
maintain documentation of the wages paid by their subcontractors. In addition,
recently adopted State legislation will require the District to ensure compliance on all
construction projects funded by Proposition 47. The District's new Facilities
Development, Planning and Management group will be charged with ensuring
District compliance with prevailing wage laws.
Liquidated Damages
• The Director of Facilities and Planning should approve or disapprove on all
requests for change orders. This would ensure that construction projects are
completed in the best interest of the District and taxpayers.
Response: District concurs with this recommendation. District has implemented a
process for adding the Director of Facilities Planning and other appropriate personnel
to the mailing list and formal approval of change orders and associated time
extensions prior to the request for action by the Board of Trustees.
Bid Splitting
• All construction projects should be assigned a work order/ project number for
tracking and costing purposes. Projects should be identified in totality even
though the project could extend into subsequent years. If the project is below
the dollar amount for bidding and is reasonably expected to encompass more
than one- year, a negotiated contract should be established which would include
that the contract is contingent on funding.
Response: The District will incorporate this language into future construction
contracts in which parts of the projects may be subject the availability of future
funding.
Honorable Judge Gildner
February 11, 2003
Page Four
The District should strictly adhere to the Cost Accounting Principles and
Procedures Manual of the California Uniform Public Construction Cost
Accounting Commission.
•
Response: The District, in conjunction with the implementation of its new facilities
Planning and development organization, will review its policies, practices, and
procedures currently in place to ensure full and complete adherence to the Cost
Accounting Principles and Procedures Manual of the California Uniform Public
Construction Cost Accounting Commission.
Respectfully,
Walter J. Packard, Ph. D.
Chancellor
WJP: kvw
cc: Members, Board of Trustees
Ms. Sandra Serrano, President, Bakersfield College
KERN COUNTY ADMINISTRATIVE OFFICE
PURCHASING
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
reviewed the purchasing process of Kern County pursuant to Penal Code Sections 925
and 933. The Committee met with the County Administrative Officer, the Assistant
County Administrative Officer, Purchasing Manager, and a Kern County Supervisor.
BACKGROUND:
The Purchasing Division procures all materials, supplies, furnishings, equipment, and
services at the best possible price upon proper written requisitions from Kern County
departments, agencies, and special districts. This is accomplished through fair and open
competition and by providing qualified companies the opportunity to compete for county
business.
The Purchasing Division subscribes to the standards established by the California
Association of Public Purchasing Officers.
FINDINGS:
• The relevant technical expert must also approve contracts for technical items such as
computers.
• The Purchasing Division conducts a yearly vendor outreach program in various cities
throughout Kern County to attract potential vendors and familiarize them with county
purchasing.
• The Purchasing Division processes an average of 7,800 purchase orders per year,
which includes approximately 3,500 to 4,000 blanket purchase orders.
• The Purchasing Division conducts familiarization classes four times a year for
interested county employees.
• For every requisition there is a purchase order. When another requisition from the
same department, for the same class of item, is received before the actual purchase,
the Purchasing Division will consolidate the order and cancel one of the requisitions.
• The internal control procedures for a purchasing process are as follows:
1. Two individuals approve all department requisitions. One is the requestor and the
other is the approving official. These individuals must have a password issued by
the purchasing division.
AA - 21
2. Two buyers from the Purchasing Division must approve all purchase orders. One
reviews the purchase order and the other approves.
• Sole source request over $ 20,000 must be forwarded to the Purchasing Division for
their concurrence prior to Board of Supervisors’ approval. A letter to the Board of
Supervisors justifying a sole source purchase must include the vendor’s name, the
dollar amount of the purchase, the justification for the purchase, all background
information, and a statement as to whether the Purchasing Division concurs with the
request. There is no requirement to have a Purchasing Division “ Criteria for Sole
Source/ Brand Vendor Checklist” submitted along with the letter to the Board of
Supervisors.
• To dispose of surplus property an Inventory Adjustment Request ( IAR) shall be
issued to the Purchasing Division. A sequential control number is assigned for
tracking purposes. The purchasing agent has the sole responsibility to dispose of
surplus county owned property or salvage material. Departments in need of
equipment that is deemed surplus by another department may submit a written request
to the Purchasing Division, which will attempt to match the department’s
requirements with other departments’ surplus equipment.
• The purchasing agent may advertise the proposed sale or the disposition of personal
property in newspapers, magazines, and other periodicals as in their judgement, will
best publicize the proposed sale.
• To initiate a donation of surplus property or equipment to another governmental
entity, an IAR is submitted through the Purchasing Division to the Board of
Supervisors. The Purchasing Division will first determine if another department has
identified a need for the equipment prior to notifying the department to proceed with
the donation process. A Board of Supervisors’ approval by a 4/ 5 vote is required for
all donated surplus property or equipment.
COMMENTS:
The Purchasing Division is commended for being a very well disciplined entity with
strong leadership emphasizing integrity.
RECOMMENDATIONS:
• The Kern County purchasing function is a profession in itself and should have a staff
career ladder in place. They should develop a training program to educate the
employees and encourage them to advance up the ladder. This would keep the
learned knowledge within the department.
• Requisitions should be consolidated per vendor into one purchase order even though
the requisitions are from different departments.
AA - 22
• An additional box should be added to the IAR Form to denote donations of surplus
personal property or equipment.
• The IAR’s should be recorded on a computer program for electronic control and
processing.
• Kern County Policy and Administrative Procedures Manual Chapter 5, Purchasing
Procedures, section 517, should be changed to include a Purchasing Division
“ Criteria for Sole Source/ Brand Vendor Checklist” with the package submitted to the
Board of Supervisors for approval of sole source contracts.
• Develop and maintain a listing of all surplus personal property or equipment on the
County Website. This would make it accessible to all county departments, special
districts, educational institutions, and non- profit organizations.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
AA - 23
Kern County Board of Supervisors
Response to Grand Jury Final Report
KERN COUNTY ADMINISTRATIVE OFFICE PURCHASING
Response to Findings:
The Board of Supervisors notes that the findings are substantially correct:
Response to Recommendations:
The Board of Supervisors notes that the County already has a career ladder for purchasing staff.
The Buyer job classification series provides advancement opportunities based on demonstrated
proficiency in procurement practices. All buyers are strongly encouraged to participate in both
regional and statewide educational and professional activities held by the California Association
of Public Purchasing Officers, in addition to participating in internal training opportunities.
Certification by the National Association of Purchasing Managers is also strongly encouraged.
The County's computerized financial accounting system will not accommodate charging separate
budget units from a single purchase order. Should the system be upgraded, the recommendation
to consolidate multiple department’s purchases with a single vendor onto one purchase order will
be reconsidered.
When a property donation occurs, the Purchasing Division requests a copy of the Board letter
providing the justification for the donation. Modifying the Inventory Adjustment Request ( IAR)
form to add a box to mark that it is a donated item would not provide sufficient information to
process the donation. Also, while the Purchasing Division has converted many of its processes to
an electronic format, conversions must be prioritized based on frequency of use and those of
benefit to the largest number of people.
The Board of Supervisors concurs that the " Criteria for Sole Source/ Brand Vendor Checklist"
should be included in the County Administrative Policy and Procedures Manual. It is also noted
that the County has committed considerable resources to streamlining County processes and
procedures, including eliminating unnecessary paperwork. Because each department must
provide sufficient justification within a Board letter when requesting approval for a sole source
procurement, adding the aforementioned check list would create redundant paperwork.
The Purchasing Division has established an email list of those departments wanting to be
contacted when surplus items of interest or value become available. Because there is generally a
very short " turn- around" time for surplus equipment, adequately managing an ever changing
website would be too labor intensive for current staff to handle. It is also noted that County
surplus items cannot be donated to educational institutions or non- profit organizations without
prior Board of Supervisors’ approval.
KERN COUNTY ASSESSOR- RECORDER
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
visited the Kern County Assessor- Recorder ( KCAR) on October 15, 2002, pursuant to
Penal Code Sections 925 and 933c. The Committee met with the Assessor- Recorder,
Assistant Assessor, and Chief Appraiser who presented the mission and operation of the
Assessor- Recorder Department. The Committee discussed property tax assessments,
which included the oil and gas producing properties.
BACKGROUND:
The assessor must locate all taxable property in the county, identify the owners, and
describe the property. Additionally, the Assessor must determine a value for all taxable
property and apply all legal exemptions and exclusions. The Assessor must complete an
assessment roll showing the assessed values for all property and maintain records of the
above. The Assessor does not set tax amounts or collect taxes.
One of the goals of the assessor’s office is a commitment based on the principles that
each and every customer should always be treated fairly and equitably and with courtesy
and respect. Customers should expect to leave the Assessor- Recorder’s office feeling as
though they were served in a competent and professional manner.
FINDINGS:
• The KCAR office work area is well organized and maintained for an efficient
operation. Office sanitation appeared to be a high priority.
• Occidental Petroleum acquired the Elk Hills Petroleum Reserves from the United
States Government in 1998 for $ 3.55 billion and the property was assessed at that
value based on the purchase price. Occidental Petroleum appealed this amount
stating that the assessment should be on the proven reserves, which were $ 1.9 billion
and not the purchase cost price. The Assessment Board granted this appeal and the
county was required to pay back $ 27 million, which was the difference. Kern County
Assessment Department appealed this ruling to District Court in Fresno and won that
decision and will recoup the $ 27 million. Occidental Petroleum has appealed this
decision to the California Supreme Court who refused to hear the appeal.
• There are 360,000 real property parcels assessed, this also includes 125,000
residential properties.
• There are 25,000 business personal properties, of which 800 have capital assets in
excess of $ 400,000. These properties by law are required to be audited every four
years by KCAR.
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• Real property is assessed three ways; ownership change, new construction, and up to
a property evaluation increase of 2% maximum per year based on the Consumer Price
Index ( CPI), which is in compliance with Proposition 13.
• Proposition 8 states when the market value of real property declines below the factor
base year level any subsequent increases are not limited to the maximum of 2%.
There are currently 25,000 parcels which fall within the Proposition 8 criteria.
• Oil and mining real properties are assessed in the following ways:
1. Land cost value.
2. Value of personal property.
3. Minerals are based on production and excavation.
4. Oil valuation is a formula based on proved reserves as determined through an
engineering study. The formula for oil value is as follows:
a. 50% by 5- year history of the price per barrel at lien date.
b. 25% two- year futures price per barrel at lien date.
c. 25% posted price using a 3- month average prior to lien date.
• There is reduced assessment on the real property of agriculture land covered under
the Williamson Act. This act is a 10- year agreement renewable every year that the
land will be used for fiber and/ or food.
• A Builder’s Exclusion allows a contractor to be exempt from real property assessment
until the construction is completed and sold. If exclusion were not obtained the
builder would be assessed at a percent of completion.
• All Real Property is recorded in the Kern Integrated Property System ( KIPS) when
title changes and building permits are issued ( lien date). Building permits are not
standardized throughout the different cities within the county. Information from cities
within the county must be manually entered into KIPS. The City of Bakersfield has
the capability to enter information directly into KIPS; however the city and county
are not configured to pass or accept information.
• When a change occurs in KIPS a Work Que is generated identifying that the property
needs to be re- evaluated.
• Business Personal Property value is determined by the submission of yearly business
property form 571L. This form includes both capital and expendable property.
Capital assets are depreciated at a standard rate schedule throughout the state.
• There are numerous and varying reports required to be submitted by law for
assessment of business properties. The information required for different types of
businesses is generally similar in nature but different in form. The following is an
example of these reports:
1. Aggregate Production Report - sand, gravel, stone, limestone, clay and similar
products.
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2. Mining Production Report – diatomite, iron, rare earths, gold, talc, tungsten, and
other minerals.
3. Oil and Dissolved Gas Production Report.
4. Annual Oil and Gas Operating Expense Data.
5. Oil, Gas, and Geothermal Personal Property Statement.
6. Air Carrier’s Operation Report – Flight Detail – Piston - Powered and Turboprop
Types.
7. Air Carrier’s Operation Report – Flight Detail – Jet Engine Types Only.
8. Air Carrier’s Operation Report – Flight Equipment Value Computation.
9. Air Carrier’s Operation Report – Aircraft Value Computations.
10. Power Plant Property Statement.
11. Supplementary Schedule to the Agricultural Property Statement – Registered and
show horses other than racehorses.
12. Annual Racehorse Tax Return.
13. Report of Boarded Race Horses.
14. Horse Property Statement.
15. Business Property Statement.
16. Pipeline Property Statement.
17. Apartment House Property Statement.
18. Right of Way Property Statement.
19. Vessel Property Statement.
• County Assessor representatives meet regularly to ensure that the form requirements
are valid. They make recommendation to delete or modify forms and establish forms
to meet the requirements of the law. This group also has a representative from the
taxpayers association.
• KCAR uses networking via e- mails to communicate with other assessors whom they
have met at annual conferences and various seminars. The sharing of information has
helped to solve taxation problems and improve department operations.
• KCAR utilizes a database called E- FORUM System which lists solutions for search
inquiries. This system is used throughout the state to address assessment problems.
• A system has been initiated with other county assessors to share out of state audits.
This reduces expenditures and solves logistic problems.
• A database for all real property sales ( both commercial and residential) is being
developed for assessment of like properties.
• All assessors must be certified and require continuing education to maintain their
certification. The training budget is not sufficient to fund all the continuing education
requirements.
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COMMENTS:
The Assessor’s Office is performing an exceptional job. They perform their tasks in
compliance with government laws and regulations with limited resources.
RECOMMENDATIONS:
• The Assessment process needs to be reviewed. The State Board of Equalization
should consider establishing a work group to include the taxpayers association to re-engineer
this assessment process. This work group should make recommendations to
the state legislature for streamlining of reporting requirements. This would alleviate
sources currently needed by the Assessor’s Office and add clarity to the small
business owner. Currently the assessment process is very cumbersome and
confusing, especially to the average small business owner who represents 14% of the
total county personal property assessments. This confusion has developed an attitude
of apathy within the small business community. State law required the small business
owner to report business personal property regardless of value.
• All cities should be connected to KIPS for the input of building permits. The county
building permit form should be the standard. This form could be modified by cities
for their specific ordinances.
• Training should be a high priority and requires additional funding.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
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August 12, 2003
Hon. Arthur E. Wallace, Presiding Judge
Kern County Grand Jury
1415 Truxtun Avenue
Bakersfield, CA 93301
Re: Kern County Grand Jury Response To Recommendations - Kern Co. Assessor's Office
Dear Honorable Judge Wallace:
We appreciate the recent Kern County Grand Jury review of our Office. The Audit Committee was
most courteous and thorough in their investigation of our Office. They made very engaging and
informative inquiries during the course of our review. I appreciate the comment, " The Assessor's
Office is performing an exceptional job. They perform their tasks in compliance with government
laws and regulations with limited resources." Recommendations were made that we concur with and
have taken steps, to the best of our ability, to enact.
Recommendation Number One concerning the streamlining of the reporting process for the small
business person is appropriate. Currently, the reporting forms that are required to be completed are
necessary to our appraisal process, however, we recognize they can be complex. The form's
information is directly used to perform our duty to assign a fair market value for the property. The
more complex the property, the more complex and thorough the form's questions must be. We have a
member from our Office that sits on a State Board of Equalization Committee whose purpose is to
obtain input from the business community to improve the reporting process. The forms we use are
prescribed by the State, and we can only modify them with State approval.
Recommendation Number Two stated all cities should be connected to our Kern Integrated Property
System for input of building permits. This is a sound idea, and we have been working with the City
of Bakersfield with this. We are making progress towards improving this process. We will be
working closely with outlying cities in the future.
Recommendation Number Three states that training should be a high priority and requires additional
funding is also a very important issue to our Office. Annual training is required for our appraisal
staff.
Hon. Arthur E. Wallace
August 12, 2003
Page Two
They must maintain a certain number of hours to remain certified by the State. We dedicate funds
annually to training. Training, in many instances, is out of town and can be quite expensive. We
have been working closely with the State Board of Equalization to schedule and conduct training
courses in Bakersfield to reduce costs. The State has been very cooperative with us.
Again, we want to take this opportunity to thank you for your comments and recommendations. If
you require any further information and clarification please do not hesitate to contact me.
KERN COUNTY DEPARTMENT OF AIRPORTS
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
visited and toured the Meadows Field Airport on November 25, 2002, pursuant to Penal
Code Sections 925 and 933. The Committee met with the Airport Director who made a
presentation of the airport’s mission and operation.
BACKGROUND:
The mission of the Airport is to prepare for the future of Kern County air travel by having
the infrastructure in place. The vision is to build a world class quality airport system
which focuses on the customer, complements the Kern County economy, and promotes
efficient and safe operations.
Aviation began in Kern County in 1910 at this site and in 1927 was named Meadows
Field Airport in honor of Cecil Meadows, a pioneer in the development of aviation in
Kern County.
The Director of Airports is responsible for the operations at Meadows Field, Kern Valley,
Wasco, Lost Hills, Taft, Poso, and Buttonwillow.
Meadows Field has two runways. The main runway is 10,857 feet in length and 150 feet
in width, with a 25- foot dirt skirt on each side. The second runway is 3,700 feet in length
and 75 feet in width.
The Airport is currently served by two airlines, America West Airlines and United
Express. The airlines provide direct service daily to Phoenix, Arizona, Los Angeles and
San Francisco, California, where worldwide connections are available.
FINDINGS:
• Meadows Field Airport operates as an Enterprise Fund supported through: ( 20%)
taxes, ( 17%) general aviation, ( 16%) land, ( 12%) passengers, ( 11%) parking, ( 6%)
terminal, and ( 2%) other sources.
• Small aircraft under 12,500 pounds are not charged a landing or takeoff fee. Revenue
is generated from a $ 0.06 per gallon fuel fee.
• The Wasco, Lost Hills, Taft, and Buttonwillow airports are consistently not profitable
and are used primarily for general aviation.
• Kern County is well known for Tule fog weather conditions. Meadows Field Airport
is one of two airports in California which have the capability to land airplanes in
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severe weather when visibility is limited to 1,800 feet and takeoff with visibility of
600 feet. This capability is due to implementation of Centerline Lights, an approved
Surface Movement Guidance and Control Plan, and Runway Visual Range Controls.
• Improvements:
1. The second runway will be extended to 7,700 feet in 2003.
2. A new 58,000 square foot terminal building will be completed in 2004 at a cost of
$ 32 million. The new terminal will allow the airport to handle anticipated
passenger growth, improve ramp access, and provide additional auto parking
space. The funds for building the new terminal are derived from four major
contributors:
1. Federal Aviation Administration $ 14,800,000
2. Passenger Facility Charge $ 2,700,000
3. County of Kern $ 13,000,000
4. City of Bakersfield $ 1,500,000
• The air service for Meadows Field Airport was impacted by the September 11, 2001,
( 9/ 11) terrorist incident. On September 8, 2001, three air carriers provided forty- six
flights a day with 1,576 seats available. On October 1, 2002, two carriers provided
28 flights a day with 1,076 seats available. Prior to 9/ 11, the Airport had boarded
148,000 passengers annually. After 9/ 11, the annual boarding rate dropped to 128,000
passengers, an overall reduction of 14% in passenger service.
• The potential for air travel at Meadows Field Airport is growing at a rate of 2.04%
per year and currently serves 776,258 people. The Airport is experiencing a market
leakage of 210,000 passengers a year to the Los Angeles basin.
• In 1996 the Airport had a debt of $ 3.34 million. In the past six years the Airport debt
has been reduced to $ 1.04 million and is currently operating in a cost- effective
manner.
• The 2020 plan for Southern California Airports, including the Los Angeles basin,
projected passenger capacity will exceed demand by 42,800,000 passengers per year.
• The screening of passengers is now under the control of the Federal Government’s
Transportation Security Administration at Meadows Field.
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COMMENTS:
The Director has accomplished significant improvements for Meadows Field Airport and
is working on the following projects:
1. Reduction of the Airport debt.
2. The purchase of 380 acres of adjacent land for future commercial development and
noise abatement.
3. Analysis of travel agent database programs to determine passenger potential in an
effort to help solicit new air carriers.
4. The airport infrastucture is being developed to handle anticipated future growth in air
travel within Kern County and to accept the overflow of passengers from the
Southern California Airport area.
5. Bakersfield will be the first stop of the proposed Bullet Train from Los Angeles. The
terminal site has not been selected. Two of the three sites are within the city of
Bakersfield at the new Amtrak Station and at M Street and Golden State Highway.
The third site is proposed at 7th Standard Road, which is in close proximity to the
airport.
6. The proposed $ 40 million distribution warehouse for Pactiv Corporation on airport
property is on hold. This warehouse would have created 400 permanent jobs and
1,000 temporary construction jobs for the community. The constraint affecting this
proposal is prevailing- wages.
NO RESPONSE REQUIRED
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KERN COUNTY GRANT PROGRAM
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
conducted a review of the fiscal monitoring of the grant program within Kern County
pursuant to Penal Code Sections 925 and 933. The Committee met with the County
Administrative Officer, Auditor- Controller, County Departments responsible for grants,
and a large grant recipient.
BACKGROUND:
Departments seek out grant opportunities for new or renewing programs that are not a
continual funding source of the departments. A grant is defined as an award of resources
from a public or private source for developing, enhancing, or continuing a program,
service, or facility for the overall public good. This is especially needed during this time
of financial budget constraint.
Per Kern County Policy and Administrative Procedures Manual, Chapter 13, Grant
Administration; it states in part that “ Departments are responsible for administering the
grant within the terms of the grant agreement.” This agreement includes both
programming and fiscal functions.
The Board of Supervisors approval is required to submit a grant application only under
the following circumstances:
1. The grantor requires the governing body’s authorization and/ or signature of the
county’s highest elected official.
2. Matching funds are required ( unless the Board previously approved the funding
source).
All other applications may be submitted without outside review or approval.
FINDINGS:
• There is no single point where grants are processed in and through county
departments.
• Some departments do not give technical advice on fiscal matters due to potential
liability to the county. These county departments believe grantees should understand
business matters.
• Mini Grants ( Subventions) are disbursed by the grantee for a specific amount and
time. The fiscal reporting requirements are not as stringent.
• Auditor- Controller- County- Clerk’s Office performs scheduled audits on county
departments wherein the audit guidelines there is a section where grants are a part of
AA - 31
the audit scope. They do not conduct on site audits of grantee providers unless
requested by the Board of Supervisors. These grantees are to receive a yearly
independent audit from a certified accounting firm.
• The County Administrative Office is currently developing a list of Kern County
Department grantees and how they are monitored. This list includes in part the
department, amount of the grant, and the recipient.
• County Counsel’s Office reviews department grant contracts to ensure that the county
is protected against potential liability. They also check for form and any ambiguity in
the contract.
• County departments have developed grant monitoring guidelines for both fiscal and
program reviews. However, the guidelines for fiscal review are not consistently
utilized due to lack of resources and staff. The lack of this review has caused some
legal actions.
• Grantee providers, especially small non- profits, are not given adequate training on
how to administer the fiscal functions involved with the receipt of a grant.
COMMENTS:
Kern County processes a significant number and value of grants each year without
adequate controls for the fiduciary responsibility of the grantee.
Departments who receive and issue grants are mainly program orientated and are
evaluated on meeting the needs of the citizens of Kern County. There seems to be no
realistic oversight ensuring that grantee’s are conducting their operations according to
established good business practices.
RECOMMENDATIONS:
• The list of grantees developed by the County Administrative Office should be
permanently maintained in a database with frequent updates. This list should be
modified to include the source of the funding. The data base information would be
available for individuals for comprehensive research involving contract grants within
the county.
• Auditor- Controller- County- Clerks Office should require county departments to
perform internal reviews of their departments during years when not audited by the
Controllers Office.
• Auditor- Controller- County- Clerks Office should develop a consolidated report of
common audit findings and communicate these findings to all departments, on a
yearly basis, to be incorporated in an internal review.
AA - 32
• Departments should develop a training program for fiscal responsibilities of the
grantees with clearly identifiable objectives. They should also encourage grantees to
seek out assistance from the Small Business Administration ( SBA) and Service Corps
of Retired Executives ( SCORE) for counseling on sound financial business practices.
• County Departments should utilize established review guidelines for monitoring the
fiscal functions of grants. In all cases a grantee risk assessment should be performed.
This should be based on potential liability to the county rather than value of the grant.
• The County Administrative Office should conduct a regularly scheduled outreach
program where grant concerns are discussed. This program should enhance the
performance of reporting and processing grant data along with other concerned
issues.
RESPONSE REQUIRED:
RESPOND WITHIN 90 DAYS
TO PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
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Kern County Board of Supervisors
Response to Grand Jury Final Report
KERN COUNTY GRANT PROGRAM
Response to Findings:
The Board of Supervisors notes that the findings within the report are substantially correct
regarding departments seeking grant monies and the process for entering into contracts for
services ( termed " grants" by the Grand Jury). However, it is also noted that the County does not
have a " Grant Program" as portrayed within the report and that the County Administrative Office
is not compiling a list of grants the County has given; but has compiled a list of contracts for
services that are administered by County departments.
It is noted that there are two kinds of grants the County receives. The first are State allocations
based on population, caseload, or another objective criteria. These grants are generally statutorily
provided for in a bond measure via a ballot proposition, or are the County's pro rata share of
dedicated funds collected by the State, such as a portion of sales tax collected for road
maintenance.
The second type of grant is a competitive grant. With this type, the County competes with public
and private organizations for funds being granted for a specific purpose, such as restoration of
historical buildings. If the grant is awarded, the County enters into a contract with the grantor.
The contract specifies the purposes of the grant, how the funds may be expended, and the fiscal
and program reporting requirements the grantor places on the County. The contract is approved
as to legal form by County Counsel and as to content by the department head prior to the Board
of Supervisors executing the contract.
Each department is responsible for adhering to the terms of the contract, including the proper
expenditure of funds and ensuring that the reporting requirements are met. It is noted that
virtually all of these contracts are paid in arrears― either the County is reimbursed for
expenditures made in support of the grant activities or the County is paid after the services are
performed. If the terms of the contract are not met, the grantor will take the necessary legal
actions to be reimbursed or to ensure contractual compliance.
Except for the Community and Economic Development Department, which administers federal
Housing and Urban Renewal funds, it is extremely rare for a County department to be a grantor―
an agency that solicits grant proposals and awards grant funds. County departments do, however,
frequently contract for professional services in furtherance of their missions. The types of
services the County contracts for vary widely, from contracts for engineering and design services
to contracts with medical service providers. When professional services costing more than
$ 20,000 are required, the department will issue a Request for Proposal, review the received
proposals and rank them based on the selected criteria, and enter into contract negotiations with
the top proposer. The contract is approved as to legal form by County Counsel and as to content
by the department head prior to the Board of Supervisors executing the contract.
Response to Recommendations:
Recommendation No. 1: As noted above, the County Administrative Office is not
developing a list of County grantees; however, a list of contracts administered by County
departments has been compiled pursuant to the Grand Jury's request. Each County department
Kern County Board of Supervisors
Response to Grand Jury Final Report
Grant Program
Page 2
head is responsible for ensuring contracts are appropriately administered. Because County
contracts are approved by the Board of Supervisors, they are public documents and are available
from the Clerk of the Board upon request.
Recommendation No. 2: Most County department heads are appointed by the Board of
Supervisors and are responsible to the Board for the fiscal management of their departments. All
department heads are responsible for ensuring services are performed by contractors pursuant to
the terms of the agreement.
Recommendation No. 3: When the Auditor- Controller- County Clerk conducts an audit of
a County department, its audit findings are filed with the Board of Supervisors. Department
responses to the Auditor's findings are also filed with the Board of Supervisors. As such these are
public documents and available for review upon request.
Recommendation No. 4: When a professional services contract is executed by the Board
of Supervisors, the performance and reporting requirements are clearly stated within that contract.
It is expected that persons and agencies entering into contracts will know their contractual
responsibilities and be able to meet their obligations. The General Services Division does offer
informational meetings on contracting with the County to potential vendors and does offer related
outreach services.
Recommendation No. 5: The County Administrative Policy and Procedures Manual
( APPM) specifies the process to be used by departments applying for a grant and states that it is
the department head's responsibility to ensure compliance with the attendant agreement. The
provisions within the APPM are approved by the Board of Supervisors and it is expected that
County departments will adhere to the policy and procedures therein.
As previously noted, most contracts for professional services are executed only after a Request
for Proposal ( RFP) process. Proposers are required to provide assurances of their experience an4
ability to fulfill the services requested in the RFP. Because each of the proposals received is
evaluated against selected criteria, a " risk assessment" is conducted.
Recommendation No. 6: The County Administrative Office does provide grant writing
training that includes compiling budget and fiscal data related to the grant. The training is
available to all County departments. Also provided by the County Administrative Office is direct
assistance with individual grant proposals.
KERN COUNTY ADMINISTRATIVE OFFICE
GRANTS RESEARCH UNIT
PURPOSE:
The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury
visited the Kern County Grant Research Unit ( KCGRU) on February 4, 2003, pursuant to
Penal Code Sections 925 and 933c. The Committee met with the County Administrative
Officer and the Deputy who presented the mission and goal of the Grants Research Unit.
BACKGROUND:
The KCGRU is a function under the County Administrative Office established by the
Board of Supervisors on November 14, 2000. The primary function of the unit is to
improve and/ or maintain services to the public by assisting county departments in
securing alternative funding opportunities.
One supervisor and two assistants staff the unit. The office assists in identifying grant
opportunities, conducts formal training classes in grant writing and research, and assists
in grant writing when needed.
FINDINGS:
The Committee found that KCGRU:
• Discovers grant opportunities that have enhanced the county’s ability to provide
services which focus first on opportunities that match the county’s existing programs
and minimize the use of county general funds. The research is conducted on Internet
web sites, publications, and networking.
• Assists departments lacking in personnel by preparing grant narratives, statistics, and
budgets in the application stage.
• Coordinates joint applications of several departments or agencies. This is
accomplished by identifying grant opportunities which would involve more than one
department.
• Keeps an updated file of “ boiler plate” material on the County Intranet to assist in
grant writing. Material available consists of local demographics, grant writing tools,
budget information, procedures, and links to a myriad of resources. This database is
reviewed and updated when needed on a quarterly basis.
AA - 34
• Keeps an updated index of Internet grant sites readily available to help departments
locate grant opportunities.
• Keeps a qualified list of firms and individuals who are qualified grant writers to assist
in more complex grant applications.
• Conducts scheduled grant writing skills training. This training is available to all
county departments, cities, and special districts within the county. Class size of 15
students is maintained for personalized training. KCGRU continually strives to
improve there own skills through professional training.
• Since its inception KCGRU has assisted in securing over $ 6 million in unanticipated
revenue for the County. The unit has prepared or assisted in the preparation of 50
grant proposals. Some of the activities and equipment made possible through grant
funding include:
1. Replacement of playground equipment at Buena Vista Aquatic Recreation Area.
2. Software for Human Services Department, Engineering and Survey Services, and
the County Administrative Office.
3. Preparation of a military base retention plan for Edwards Air Force Base.
4. Development of a management information system designed to increase access to
healthcare for the uninsured.
5. Three vans for the Sheriff’s Citizen Service Unit.
6. Bulletproof vests for the Probation Department, the Sheriff’s Department, and the
Parks and Recreation Department.
7. Replacement of Tot Lots at various parks.
8. Cleanup of an illegal dumpsite in the Lost Hills area.
COMMENTS:
The 2002- 2003 Kern County Grand Jury feels this is an innovative and needed function.
Along with researching, writing, and assistance being provided on grant applications, the
Grants Research Unit has created a website on the County Intranet that supplies
background information, links, budget information, statistics, and grant verbiage to
county departments. Another form of assistance being provided by the Grant Research
Unit is the grant writers’ pool. This is an informal organization of staff grant writers in
several departments that meet quarterly to share ideas, coordinate resources, and grant
training.
NO RESPONSE REQUIRED
AA - 35
MARIACHI FOUNDATION
PURPOSE OF INQUIRY:
The Administration & Audit Committee of the 2002- 2003 Kern County Grand Jury
initiated an investigation based on Penal Code Section 933.6. The investigation was
conducted through interviews, review of documents and contracts, and applicable laws
and regulations.
BACKGROUND:
The word Mariachi derives from the French word “ mariage,” dating from the French
intervention of 1860 according to popular legend. The Kern County Youth Mariachi
Foundation ( KCYMF) was started in 1997 as a grass roots operation and incorporated in
California in January 1998 as a non- profit organization.
The Mariachi program has evolved into four components: Performing Arts, Academics,
Educational Enhancement, and Scholarship Awards. KCYMF provides free services for
the youth members in the program. All Kern County youth are encouraged to participate
in the program. The key objective is to build and increase the self- esteem of each
student. The program involves family members in the success and growth of their
children musically and academically. There are three levels of instruction: Beginning,
Intermediate, and Performing. A parent advisory council is made up of ten members who
assist in coordinating activities and with sponsored events. The Mariachi music is the
engine to bring the kids in off the street.
FINDINGS:
• KCYMF is committed to assisting youth with achieving higher education by
awarding academic scholarships. For scholarship consideration members must meet
the requirements set forth in the Foundation’s By- laws and Policies and Procedures
Handbook.
• Students must maintain a cumulative 2.0 grade point average to participate in
KCYMF. Free tutoring is offered to students who are having problems with their
studies. The program serves students ages 6- 18. KCYMF has a contract goal to enroll
140 students by July 2003.
• KCYMF scholarships are offered to students to help defray cost, depending on family
income.
• Research has shown that the study of music contributes to the overall well being of
students including their academic success.
AA - 36
• KCYMF after school program have served as a substance abuse, teen pregnancy, and
delinquency prevention service for the past four years. After school programs are
offered at four central locations that serves seven Kern County cities:
McFarland/ Delano
Wasco/ Shafter
Lamont/ Arvin
Bakersfield
• KCYMF has zero tolerance for substance abuse. Students will be referred for
assistance to the appropriate agency and any abuse immediately reported to the
parents.
• Transforming Local Communities organization reviewed the KCYMF program and
found it operating within the required program guidelines.
• KCYMF has a need for more instruments and is searching for additional funding
through private donations.
• The Kern County Metal Health Department monitors KCYMF. The department does
an exceptional job monitoring the program elements, however monitoring of fiscal
function is not adequate. For example, KCYMF is by contract required to follow the
fiscal requirements of Office of Management and Budget Circular 122 and 133,
without any guidelines.
COMMENTS:
The Audit & Administration Committee attended a Mariachi workshop. The Committee
was impressed with the control and behavior of the activity. The professionalism of the
instructors was reflected in the student’s performance.
KCYMF is a grass roots organization efficiently operated by dedicated people, in
particular the interim director. This type of organization needs the support and backing of
the community.
NO RESPONSE REQUIRED
AA - 37
Kern County Board of Supervisors
Response to Grand Jury Final Report
MARIACHI FOUNDATION
Response to Findings:
The Board of Supervisors acknowledges the past weaknesses in the Mental Health Department’s
contract fiscal monitoring processes and has taken actions to address this issue, including the
approval of additional accounting staff. In response to the Board's concerns, the department has
implemented a variety of contract oversight processes. The department has regular meetings with
service providers to examine and clarify contractual requirements including the type, quantity and
quality of services to be provided and the appropriate billing and reporting requirements. Formal,
planned financial and qualify reviews are also conducted. The department additionally provides
formal and informal training in the areas of service delivery, information technology, finance,
cost reporting, and administrative responsibilities.
CITIES AND SERVICES COMMITTEE
Richard “ Joey” Hernandez – Chairman
Kenneth B. Fry
James M. McCall
CITY OF BAKERSFIELD
PURPOSE:
The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the
City of Bakersfield, “ City of Golden Opportunity”, on March 24, 2003, to investigate and
report on the operations, accounts, and records of officers, departments, and functions of
the City.
BACKGROUND:
Bakersfield is Kern’s County Government seat. The City was last incorporated in 1898.
The current population is 424,000 in the metropolitan area, making it the second largest
city in the San Joaquin Valley.
The Committee met with the City Manager, Assistant Finance Director, Office
Administrator Public Relations, and the Administrative Assistant. The City’s budget was
discussed and reviewed.
FINDINGS:
Budgetary cuts amounting to sixteen and one- half million dollars are being proposed for
the fiscal year 2002- 2003 final budget. The cuts are still preliminary with no definite
omission of programs yet decided.
Possible layoffs of city workers may include 162 part- time and temporary positions.
There are no plans of laying off full- time employees.
The new police/ fire station on the west side will be built in two stages. The first part is
the police section. This is a transfer station and should be completed next year. The fire
section will be going out to bid soon, however, funding may be a little slower. There are
no plans of increasing the size of the satellite station in east Bakersfield. This station can
be used for public meetings.
The City owns/ operates the Bakersfield Airpark. The City obtained an FAA Grant
locking into maintaining the Airpark for 20 years. The City has had difficulty in
attracting commercial development. Aircraft departures interfere with Meadows Field
approach pattern creating safety issues. The City has no full- time employees at the
Airpark.
The City has hired an independent auditor to deal with the rate increase proposal by the
local ambulance provider. The cost will be paid by Hall Ambulance. The auditors have
already studied cities ( all in the San Joaquin Valley) of a comparable size to get an idea
of current rates and increases.
CS - 3
The Aquatic Center in the Centennial Garden area will be a nice addition and attraction.
It will consist of two pools, one is of a competition size and the other is a wading pool for
kids. An ice rink will be adjacent to this complex. Two local neighborhood pools
( Jefferson and Martin Luther King) will be revamped and brought up to code. The city
will close Saunders Park pool due to low attendance and costly repair.
One program that may be cut, and of particular interest to the public, is the popular and
successful rocking- by- river concert. It has attracted crowds of up to 8,000 people and is
free to the public.
Businesses and the City have been investing in the downtown area. Chester Avenue was
once the premier shopping area. It was once lined with major department stores but now
it is mostly specialty shops, restaurants, and nightclubs. There has been a focus toward
residential dwellings such as townhouses and apartment living. One local hotel landmark
has been gutted and will consist of apartments for those interested in downtown living.
Residential housing has been under construction on the site of the old foundry. Two new
senior housing projects are in the works. A 180 unit in central Bakersfield will start with
groundbreaking ceremonies in April of 2003. An 80 unit project in the Lowell Park area
will begin in June, 2003.
Bakersfield has had tremendous growth on the west side in the past 30 years. Ninety
percent of new construction is within the city limits. One ongoing problem has been the
roads in and out of the area are plagued with heavy traffic, congestion and a lack of
repair. The City is moving forward in addressing the traffic problem. The West Side
Park Way is now in the planning stage pending an environmental impact report to be
completed in August 2004. Construction will begin at that time with a secured 22 million
dollars from the federal and state government. This highway will begin on Highway 99
and will extend west to Heath Road. Projected completion is due in 2009. A plan to
construct a highway in northwest Bakersfield, in the Hageman area, will provide a
corridor into the Rosedale area, without having to travel on Rosedale Highway. Another
connection, alternative 15, will be the State Route 58 east through Washington Street
along the railroad tracks ending near Airport Drive. This will help relieve the 99/ 58-
traffic flow.
East Bakersfield is finally showing signs of growth and revitalization. The northeast, with
its rolling hills is beautiful and is growing steadily. There has been an ongoing debate
whether the Mesa Marin area should be developed. Baker Street in Old Town Kern will
receive a $ 750,000 federal grant. The projected area will be on Baker Street from Truxtun
Avenue north to Niles Street. The City is now working with a developer on a plan that
will focus on commercial business. There continues to be a lack of major grocery stores
on the east side. Some grocery chains, by policy, will not locate in economically deprived
areas. There are many areas on the east side that have supported these chain stores.
CS - 4
COMMENTS:
The City is making every effort to resolve the ambulance service rate increase proposal.
The hiring of an independent auditor will come up with a solution that will be fair and
comparable to both the city and the ambulance service.
The new Aquatic Center will be a nice addition to the entertainment center in the
downtown area. The City is commended on their decision to keep the two east side pools
open.
The downtown area continues to grow. Although the overall landscape of business has
changed, the new direction has brought it back to life. The new construction has made
downtown a nice place to live.
The plan to alleviate the problem of traffic has finally gotten off the drawing boards. The
ongoing construction is very positive and shows the intention of the City to help tackle
this problem.
The east side will go through changes with development. This area has many problems.
There is hope that it will someday come alive, with good and responsible planning, as
was done in downtown Bakersfield.
Bakersfield has become a great metropolis. The future will be shaped with visionaries
and planners who really want to see Bakersfield as a model to other cities.
NO RESPONSE REQUIRED
CS - 5
CITY OF CALIFORNIA CITY
PURPOSE:
The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the
City of California City, “ Pride of the Desert,” on November 7, 2002, to investigate and
report on the operations, accounts, and records of the officers, departments, and functions
of the City.
BACKGROUND:
The unique factor about California City is the vast area it covers. The City covers 204
square miles, being the third largest incorporated City in land area in California and the
eleventh in the United States with a population 11,500.
Major employers within the City are the Correctional Center, School District, U. S. Borax
Mine, China Lake Naval Base, Edwards Air Force Base, and the City.
The Committee met with the City Manager, Finance Director/ Assistant City Manager,
City Clerk/ Public Information Officer, Police Chief, Fire Chief, Redevelopment/
Economic Development Director, Golf Pro, Treasurer, Human Resources Manager,
Mayor, and several Councilmen with each one giving an overview of the City’s growth
and progress. The Committee was given a tour of the City.
FINDINGS:
The City has annexed a twenty- nine square mile area of Kern County land to the south of
the City to include Highway 58 and a 7.5 square mile area for the new Hyundai American
Technical Center, Inc. In exchange, there was a detachment of an equal size area of
unpopulated land back to the county which is adjacent to the Tortoise Preserve.
The Hyundai/ Kia test track will be located in a “ no fly” zone to prohibit industrial
espionage. This project is in addition to the $ 50 million Honda test facility nearby.
Essential to all this is the planned development of several highways and interstate
connections.
The voters have approved a bond measure for a new high school. Currently students are
bussed to Mojave High School where 70% of the students are from California City.
The Police Department, with 14 sworn officers, is able to handle the large crowds of
visitors who enjoy off- roading and an occasional “ Wave” concert. The department has
four quad runners and purchases used police cars from Bakersfield Police Department to
cut costs. An armored car company donated an armored car.
CS - 6
An agreement between the City and Med Trans Corp. has provided a 2001 Bell 407
Medivac helicopter with a full professional staff which operates from the City Fire
Department. The helicopter can be airborne within three minutes. As of December 1,
2002, the California City helicopter is the only Medivac unit serving eastern Kern County
as the unit stationed in Mojave has pulled out of service.
The Correctional Center holds 2,304 federal inmates for Immigration and Naturalization
Services pending their deportation to other countries. Over half of the Center’s
employees reside in California City.
The City has an extensive outreach program aimed at attracting further economic
development by participating in many trade shows. The City employs a grant writer who
works with each department. There is an attempt to attract an anchor grocery store and
accompanying businesses as 98% of the City residents make retail purchases out of the
area.
There is a critical need for medical services. There are only three or four doctors in town
with no emergency facility. The nearest emergency room facility is in Lancaster which is
Los Angeles County.
California City must deal with an aging water system. It will cost about $ 40 million to
replace the 35 to 50 year old steel pipes that are so cracked that only 40 percent of the
water reaches taps and faucets.
There are no county services provided within California City. Residents have to travel to
Tehachapi or Mojave for county services including Superior Court.
COMMENTS:
The present City staff and the council members are to be commended for their diligent
efforts in managing the City by solving its financial problems, improving services to the
residents, and improving economic development.
California City will work with the county to bring in county services for the convenience
of local residents.
NO RESPONSE REQUIRED
CS - 7
CITY OF DELANO
PURPOSE:
The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the
City of Delano, “ The Diamond of the Golden Empire,” on October 10, 2002, to
investigate and report on the operations, accounts, and records of the officers,
departments, and functions of the City.
BACKGROUND:
The City has a population of 41,000 with about 4,000 - 5,000 being from the state prison
population. The largest employers are the North Kern State Prison, Sears Logistic
Services, and Paramount Citrus.
The Committee met with the Interim City Manager and Interim Director of Community
Development. The meeting focused on the City’s growth where expenditures for existing
services continue to increase, outpacing the increase in revenues. Capital projects
including street improvements, the “ Block H” projects, and future development have
been placed on hold due to lack of revenues.
FINDINGS:
The Delano Regional Medical Center is known throughout California and beyond as an
innovative hospital deeply rooted in the local community and committed to an
exceptional patient experience. The Center offers a full range of services backed up by
highly trained staff using the latest medical technology.
The City provides two Senior Citizen Centers funded in part by the Kern County Aging
and Adult Services Department. The centers are well maintained and manned with paid
staff as well as volunteers. Hot meals are provided for $ 1.50 for seniors and $ 3.50 for
others. Homebound seniors receive their meals from a home delivery program. Free
transportation is provided to and from the center. Funds collected through bingo games
and various fundraisers provide out of town trips for the seniors on a chartered bus.
The City appears to be overwhelmed with financial challenges brought about by a slow
economy, lack of development, and failure to maintain a high level of services. The City
continues to operate in the red with a deficit in the Golf Course fund, Waste Water
Treatment Plant System, Airport Fund, Transit Fund, and the Redevelopment Agency
Debt Service Fund. Previous Grand Juries have addressed these issues with little
progress from the City.
CS - 8
COMMENTS:
The staff at the Senior Centers is to be commended for providing an excellent program
for Delano senior citizens.
The City has great potential for growth and development. The City Council must
recognize the needs of the people through stronger fiscal management. The City in past
years has failed to respond adequately to previous Grand Jury recommendations.
RECOMMENDATION:
Establish a Fiscal Advisory Board comprised of citizens, civic leaders, and city staff.
The board should develop a long- range plan and make recommendations to the council
for future development and improvement of existing services. The City has an airport,
railroad, and a major freeway that could be utilized
Click tabs to swap between content that is broken into logical sections.
Description
| Rating | |
| Title | Kern County Grand Jury final report |
| Subject | California. Grand Jury (Kern County)--Periodicals.; Kern County (Calif.)--Politics and government--Periodicals. |
| Description | Description based on: 2001/2002; title from opening screen of PDF.; Harvested from the web on 2/16/07 |
| Creator | California. Grand Jury (Kern County) |
| Publisher | Kern County Grand Jury] |
| Type | Text |
| Identifier | http://digitalarchive.oclc.org/request?id%3Doclcnum%3A144565677; http://www.co.kern.ca.us/grandjury/reports.asp |
| Language | eng |
| Format-Extent | 1 web site : digital, PDF files. |
| Relation-Requires | Mode of access: Internet.; System requirements: Adobe Acrobat Reader. |
| Transcript | 2002- 2003 KERN COUNTY GRAND JURY FINAL REPORT TABLE OF CONTENTS General Information Columbia Space Shuttle and Crew .......................................................... GI- 1 Grand Jury Oath....................................................................................... GI- 2 Photograph of Grand Jury........................................................................ GI- 3 Judge Wallace .......................................................................................... GI- 4 Foreman’s Letter to Judge ....................................................................... GI- 5 Grand Jury Officers.................................................................................. GI- 7 Assistant District Attorney, Steve Tauzer................................................ GI- 9 Grand Juror’s Supervisorial Districts ...................................................... GI- 10 Supervisorial District Map....................................................................... GI- 11 Year in Review ........................................................................................ GI- 12 Ad Hoc Committee Photograph ............................................................................ AH- 1 Mission Statement.................................................................................... AH- 2 Kern County Elections Department......................................................... AH- 3 Administration and Audit Committee Photograph ............................................................................ AA- 1 Mission Statement.................................................................................... AA- 2 Bakersfield College.................................................................................. AA- 3 Response ...................................................................................... AA- 6 Kern Community College District ........................................................... AA- 13 Response ...................................................................................... AA- 17 Kern County Administration Purchasing Dept........................................ AA- 21 Kern County Assessor/ Recorder.............................................................. AA- 24 Kern County Department of Airports ...................................................... AA- 28 Kern County Grant Program.................................................................... AA- 31 Kern County Administrative Office Grant Research Unit....................... AA- 34 Mariachi Foundation................................................................................ AA- 36 Cities and Services Committee Photograph ............................................................................ CS- 1 Mission Statement.................................................................................... CS- 2 City of Bakersfield................................................................................... CS- 3 City of California City ............................................................................. CS- 6 City of Delano.......................................................................................... CS- 8 City of Maricopa...................................................................................... CS- 10 City of McFarland.................................................................................... CS- 12 City of Ridgecrest .................................................................................... CS- 15 City of Shafter.......................................................................................... CS- 17 City of Taft............................................................................................... CS- 20 City of Tehachapi..................................................................................... CS- 23 City of Wasco .......................................................................................... CS- 25 City of Wasco Animal Control ................................................................ CS- 27 Response ...................................................................................... CS- 29 Continuity and Tracking Committee Photograph ............................................................................ CT- 1 Mission Statement.................................................................................... CT- 2 Kern County Board of Supervisors.......................................................... CT- 3 Continuity and Tracking Review............................................................. CT- 6 Edit Committee Photograph ............................................................................ EC- 1 Mission Statement.................................................................................... EC- 2 Final Report Members ............................................................................. EC- 3 Health, Education and Social Services Committee Photograph ............................................................................ HE- 1 Mission Statement.................................................................................... HE- 2 Child Protective Services......................................................................... HE- 3 Department of Public Health ................................................................... HE- 7 Elk Hills ................................................................................................... HE- 8 El Tejon Unified School District ............................................................. HE- 11 Kern Medical Center................................................................................ HE- 12 Muroc Joint Unified School District........................................................ HE- 15 Law and Justice Committee Photograph ............................................................................ LJ- 1 Mission Statement.................................................................................... LJ- 2 Arvin Police Department ......................................................................... LJ- 3 Bakersfield Police Department ................................................................ LJ- 5 Budget Enhancement ............................................................................... LJ- 8 Delano Police Department ....................................................................... LJ- 9 District Attorney’s Crime Lab ................................................................. LJ- 12 Domestic Violence................................................................................... LJ- 14 Holding Facility at Delano Court............................................................. LJ- 16 Response ...................................................................................... LJ- 18 Holding Facility at Taft Court ................................................................. LJ- 22 Response ...................................................................................... LJ- 23 James J. Bowles Juvenile Hall and Kern Crossroads .............................. LJ- 28 Kern County Sheriff’s Department.......................................................... LJ- 30 Kern County Sheriff’s Department Coroner Division.................................................................................... LJ- 42 Kern County Sheriff Jail .......................................................................... LJ- 45 Kern County Department of Agriculture and Measurement ................... LJ- 50 Megan’s Law Computer .......................................................................... LJ- 52 Mesa Verde CCF...................................................................................... LJ- 54 Parking at the Court House...................................................................... LJ- 56 Rural Crimes Unit .................................................................................... LJ- 58 Stallion Springs Police Department......................................................... LJ- 60 Turning Point ........................................................................................... LJ- 62 Victim/ Witness Program.......................................................................... LJ- 64 Video Arraignments................................................................................. LJ- 66 Public Relations and Recruiting Committee Photograph ............................................................................ PR- 1 Mission Statement.................................................................................... PR- 2 Special Awards List ................................................................................. PR- 3 Special Districts Committee Photograph ............................................................................ SD- 1 Mission Statement.................................................................................... SD- 2 Arvin Community Service District .......................................................... SD- 3 Bear Mountain Recreation and Park District........................................... SD- 5 Boron Community Services District........................................................ SD- 7 Buttonwillow Recreation and Park District ............................................. SD- 9 Desert Lake Community Service District................................................ SD- 10 East Kern Cemetery District .................................................................... SD- 11 Enos Lane Public Utility District............................................................. SD- 12 Frazier Park Public Utility District .......................................................... SD- 14 Golden Hills Community Service District............................................... SD- 16 Greenfield Community Water District..................................................... SD- 18 Inyokern Community Services District ................................................... SD- 20 Lake Isabella Community Service District.............................................. SD- 21 McFarland Recreation and Park District ................................................. SD- 23 Mojave Public Utility District.................................................................. SD- 25 North of the River Sanitary District No. 1 ........................................................................... SD- 26 Rand Communities Water District........................................................... SD- 28 Rosamond Community Service District .................................................. SD- 29 Rosedale- Rio Bravo Water District ......................................................... SD- 31 South Fork Mosquito Abatement District................................................ SD- 33 South Kern Cemetery/ Arvin .................................................................... SD- 34 Wasco Recreation and Parks District....................................................... SD- 35 West Kern Water District......................................................................... SD- 37 West Side Mosquito and Vector Control District ..................................................................................... SD- 39 General Information 2002- 2003 Grand Jury Ahumada, Edwardo Foreman Pro Tem Aronson, Diana Coogle, Robert Eaves, Ronald Edmonds, Thomas Fleming, Loretta Fry, Kenneth Hardy, Thomas Parliamentarian Hernandez, Richard Joey Kline, Patrice Recording Secretary McCall, James Mendes, Reba Assistant Sergeant- at- Arms Molitoris, John Sergeant- at- Arms Mott, Harold Owens, Charles Troxel, Gordon Wenland, Burton Wright, Charles Foreman Grand Juror’s Oath “ I do solemnly swear ( affirm) that I will support the constitution of the United States and of the State of California, and all laws made pursuant to and in conformity therewith, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which the Grand Jury shall have or can obtain legal evidence. Further, I will not disclose any evidence brought before the Grand Jury, nor anything which I or any other Grand Juror may say, nor the manner in which I or any other Grand Juror may have voted on any matter before the Grand Jury. I will keep the charge that will be given to me by the court.” GI - 2 KERN COUNTY GRAND JURY 2002 - 2003 First Row: B. Wenland, R. Coogle, K. Fry, C. Owens, L. Fleming, J. Molitoris Middle Row: R. Eaves, E. Ahumada, R. Mendes, P. Kline, D. Aronson, R. J. Hernandez Back Row: H. Mott, T. Edmonds, G. Troxel, T. Hardy, J. McCall, C. Wright June 25, 2003 The Honorable Arthur E. Wallace Supervising Judge to the Grand Jury 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Wallace: During the years, your sage advice to the last three Grand Juries has been appreciated. The knowledge of your support and encouragement assisted the Grand Jury with the difficulties encountered and endured. The 2002- 2003 Kern County Grand Jury respectfully submits this Final Report prepared during our twelve- month term. The shock of September 11 was still painfully fresh to the current Grand Jury when other events struck closer to home. The loss of the Grand Jury’s District Attorney Advisor and the crew of the shuttle Columbia, which was trained in Kern County, reminds us that life hangs by a precious thread. Maintaining focus, the Grand Jury’s investigation of Child Protective Services ( CPS) came against the challenge of Grand Jury mandates of reviewing all county departments and investigating citizen’s complaints. Though the Grand Jury is an arm of the Superior Court with each member sworn to maintain confidentiality, the Grand Jury was forced into Juvenile Court to gain free access to CPS confidential documents. The Grand Jury has requested that the District Attorney find a political champion to change the Welfare and Institute Code § 827 to include the 58 county Grand Juries. A large number of entities and issues throughout the county warrant the attention of a Grand Jury review. The task is impossible to complete during a one- year term. This Grand Jury kept track of their reviews and investigations during this term. Future Grand Juries can base their reviews on this matrix and delve into new areas or continue prior investigations as necessary. The policy and procedures manual used by the Grand Jury was examined and updated. A new feature was added this term where responses to prior years’ reports have been added to the Kern County Grand Jury website which is http:// www. co. kern. ca. us/ grandjury/). GI - 5 More than 80 citizen complaints were received and forwarded to appropriate committees for review and investigation, reinforcing the belief that all citizens have a last resort when all other measures have failed. Finally, the Grand Jury would like to thank the County Counsel, Bernard Barmann and his staff, for their advice during the year, District Attorney, Michael Yraceburn and his staff and investigators, for their indictment efforts, Terry McNally and Kay Beavers for their assistance in many areas. This Grand Jury feels that it has been an honor to serve Kern County. Sincerely, Charles C. Wright, Foreman 2002- 2003 Kern County Grand Jury 2002- 2003 KERN COUNTY GRAND JUROR * Ahumada, Edwardo Foreman Pro Tem Jon McQuiston 1 Aronson, Diana Don Maben 2 Coogle, Robert Jon McQuiston 1 Eaves, Ronald Ray Watson 4 Edmonds, Thomas Barbara Patrick 3 Fleming, Loretta Don Maben 2 Fry, Kenneth Ray Watson 4 * Hardy, Thomas Parliamentarian Ray Watson 4 Hernandez, Richard Joey Pete Parra 5 * Kline, Patrice Recording Secretary Don Maben 2 McCall, James Ray Watson 4 Mendes, Reba Assistant Sergeant- at- Arms Barbara Patrick 3 Molitoris, John Sergeant- at- Arms Barbara Patrick 3 Mott, Harold Barbara Patrick 3 Owens, Charles Pete Parra 5 Troxel, Gordon Jon McQuiston 1 Wenland, Burton Don Maben 2 * Wright, Charles Foreman Jon McQuiston 1 * Holdover members from 2001- 2002 Grand Jury GI - 10 YEAR IN REVIEW Once again the Grand Jury was made up of professional people from different fields including public and private enterprise. Most geographic areas of Kern County were represented on this year’s Grand Jury. The work of the Grand Jury started in July of 2002. Training was provided by past members to assist the new Grand Jury in understanding their role on the jury. The members were eager to start with their visitations and other committee duties. The reports contained in this final report represent many hours of interviews, research, and findings. It was a cumulative effort to put together a comprehensive report for the citizens of Kern County. This year was different in that many agencies faced budget difficulties which impacted their operations. Monies received from the state were reduced substantially and threatened a reduction of services and programs provided by agencies. This has challenged boards and districts to be more efficient. The Grand Jury is charged with the task of seeing that the agencies and districts make the best use of the money that is allocated to them. Nonetheless, the different committees did find deficiencies in some of the operations of a few agencies. One big factor affecting agencies or districts is the lack of training for people elected to represent and to make budget decisions for their constituents. There is the need for boards to insist on proper training of all board members regarding duties and responsibilities. Lack of training has led to some violations of the Brown Act and failure to follow the Roberts Rules of Order. Some rely on the present staff to operate the organization without exercising sufficient oversight to ensure that procedures are carried out properly. There is an enormous amount of grant monies that pass through the county. There is no centralized location to monitor grants and contracts. Rather, each department is left to monitor their own grants. In some cases this lack of control led to allegations of misuse of public funds. Language in some grants and contracts does not specifically spell out the reporting requirements. The Grand Jury did find that most boards and city councils are made up of individuals who are eager to represent their constituents. The majority of these elected individuals try their utmost to operate in an efficient manner. These individuals are to be commended for their efforts and results in overseeing their respective areas of responsibility. GI - 12 AD HOC COMMITTEE Edward O. Ahumada – Chairman Robert D. Coogle Thomas H. Hardy Harold G. Mott KERN COUNTY ELECTIONS DEPARTMENT PURPOSE OF INQUIRY: The Ad Hoc Committee of the 2002- 2003 Kern County Grand Jury initiated a review of the election process pursuant to Penal Code Section 925 and 933. The review was conducted through interviews with various staff within the Elections Department, District Attorney’s Office, and private citizens. Also, applicable laws and regulations were researched. The Ad Hoc Committee observed the election work at Election Central and was present during the verification of the provisional and fail safe ballots. BACKGROUND: • The Secretary of State is the Chief Elections Officer of the state. The Secretary of State with the approval of the legislative body may hold a meeting to discuss matters affecting the administration of the election laws and to promote uniformity of procedures in those matters. • The law dictates that statewide general elections shall be held on the first Tuesday after the first Monday of November in each even numbered year. • Special elections shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided by law. • Absentee voter means any voter casting a ballot in any way other than at the polling place. A “ special absentee voter” can be any member of the armed forces, their spouses and dependents, any United States citizen living outside the territorial limits of the United States or any person serving on a United States documented merchant vessel. A “ permanent absentee voter” is a registered voter who has requested their county election official send them an absentee ballot for every election. An absentee voter can vote in a polling booth by surrendering the unused absentee ballot to the precinct inspector. Any absentee voter who is unable to surrender his or her absentee voter’s ballot shall be issued a provisional ballot. Persons not planning to vote absentee but find themselves physically incapable of reaching the polls on Election Day may have an absentee ballot delivered by an elections official. • Every United States citizen at least 18 years of age at the time of the election and a resident of the County is eligible to vote if registered. • One must register 15 days prior to any election. AH - 3 • A registered voter who has moved from one address to another within the same county and who has not registered to vote at the new address may, at his or her option, and upon showing proof of current residence, vote on the day of the election at the polling place at which he or she is entitled to vote based on his or her current residence address, or at the office of the county elections official or other central location designated by the elections official. The voter shall reregister at the current address for voting in future elections. Voters casting ballots under this section shall be required to vote by provisional ballot. • A piece of mail returned undelivered by the post office shall not be accepted or used as evidence upon which to initiate a challenge as to residency by any member of the precinct board unless other evidence or testimony is presented. • The right to vote is protected by law. Any doubt in the interpretation of the law shall be resolved in favor of the challenged voter. • The precinct staff will issue a provisional or fail safe ballot where there is conflict involving the voter roster. TOUCH SCREEN VOTING • The County has been awarded $ 3,401,866.46 from the Voting Modernization Board to purchase modern voting equipment system hardware, including the software in accordance with the Voting Modernization Bond Act of 2002. The county is required to match these funds at a ratio of one dollar of county monies for every three dollars of fund monies. • Kern County will have an annual saving of approximately $ 345,000 by not printing election ballots and an additional $ 36,000 by reducing the number of pages in the sample ballots. The total annual cost of the Touch Screen Voting system will be $ 343,000 per year. This includes financing cost of $ 256,000 for a period of seven years. • The Elections Department in conjunction with the vendor has developed a comprehensive implementation plan that is constantly updated. This plan is to ensure that the transitions will occur without incident. Implementation is scheduled to be completed July 2, 2003. Extensive training on the new system has been scheduled for the election staff and poll workers. • The touch screen voting machine is user friendly and bilingual. They operate in a similar manner as the Automated Teller Machines ( ATM’s). The vendor for the touch screen is also a major vendor for ATM’s in this state, country, and world. AH - 4 • The touch screen voting machine is designed to assist most handicapped individuals. Some of these features are: 1. Voice terminal with a head set and a key pad like existing telephones. 2. Large Print. 3. The lap top portion can be hand carried to individuals incapable of walking into the polling place. 4. Quadriplegic individuals will be able to use a mouthpiece to vote. • Touch screen voting will allow early voting in outlying areas up to 29 days before election such as Ridgecrest, Taft, Delano, and Mojave. • Public awareness will be accomplished by the Elections Department outreach to the various communities. They are looking at installing sample machines in libraries and other public buildings. ELECTIONS CODE PENAL PROVISIONS • The following is a summary of the elections code penal provisions: 1. Payment for Voting – Offering valuable consideration for voting in a particular manner. 2. Electioneering at or Near Polls – Circulating an initiative, soliciting voters or placing a sign relating to voting within 100 feet of the polling place. 3. Corruption of the Voting Process – Interfering with the process of holding an election. 4. Corruption of Voters - Refrain an individual from voting. 5. Intimidation of Voters – Threatens a voter in any manner. 6. Corruption of Voting – An individual not entitled to vote. 7. Corruption of Absentee Voting – Interfering or not qualified to vote absentee. 8. The crime of voter fraud is punishable by imprisonment in any jail or prison. If no fine is herein prescribed, the court may impose a fine not exceeding $ 1,000 in cases of misdemeanors or $ 10,000 in cases of felonies, in addition to imprisonment. AH - 5 FINDINGS: Elections General The demographics of the county are: Primary Election March 5, 2002 General Election November 5, 2002 Total Number of Precincts Reporting 480 657 Number of Voting ( Polling Place) Precincts 342 343 Number of Mail Ballot Precincts 138 314 Registered Voters: 248,637 259,786 Republicans 48.1% 47.9% Democrats 37.0% 37.9% American Independent 2.7% 2.5% Green 0.3% 0.2% Libertarian 0.6% 0.5% Natural Law 0.1% 0.1% Reform 0.4% 0.3% Non- Partisan 10.7% 10.6% • The Department of Motor Vehicles when issuing a drivers license shall give the individual an opportunity to register to vote. They do require proof of legal presence, which does not necessary mean proof of citizenship. This could include Resident Alien Card, Foreign Passport, or Mexican Border Crossing Card. Election Central • Precinct officers return ballot boxes from various polling places throughout Kern County to Election Central. Ballot boxes in outlying areas are returned by County Clerk personnel or by Kern County Sheriff’s Office. • The election results are tabulated in Ridgecrest for the Indian Wells Valley area. Those results are transmitted on election night via computer link- up to Election Central in Bakersfield. • The elections official supervises the central counting center operations to ensure that the various control points within the center have adequate written instructions and are staffed with the proper personnel. AH - 6 • No one except authorized personnel will be permitted in any area immediately adjacent to the ballot counting equipment or in any area adjacent to an elections station or personnel engaged in the handling of ballots. There are no less than two individuals staffing every elections station. All personnel authorized within any secured area wear badges at all times. • During the verification of Absentee, Provisional, and Failsafe ballots the elections staff will cross- reference all of the information ( date of birth, former and current address, phone number, and signature) that is supplied on the envelope to insure an eligible ballot. Once this is completed election staff will exchange his/ her work with another worker to verify accuracy. Once this is complete the ballots that are verified are allowed to stand. • Cost for the election is $ 1.3 million. Cost for recounts is based on the number of five member teams to accomplish the task. It is normally $ 923.00 per day/ per team. • The Division Chief of Elections has the opportunity to attend monthly meetings with other county directors and elections officials. Along with networking with others they lobby the legislature on concerns of the voting public. Due to budget constraints the Chief is unable to attend all the scheduled meetings. • The election staff receives extensive training on signature identification provided by county staff, District Attorney’s Office, Department of Justice, and outside consultants. • Poll workers are minimally trained and furnished a procedures manual. There is also a command post set up at election central to address any questions and/ or problems. There are troubleshooters hired to roam the precincts to ensure that everything is proceeding satisfactorily. • The printing of the ballots is the primary cost for an election. The printing firm has special paper and ink which is controlled by the state. This control is necessary to ensure conformity within the counties. • By law, ballots for at least 75% of the registered voters must be printed. • Election ballots are stored for 22 months even though the elections have been certified. This includes ballots not used. Shredding eventually destroys the stored ballots. The Bakersfield Association of Retarded Citizens ( BARC) does the shredding. Arvin Recall Election • In early 2002, a recall petition was initiated to unseat the Mayor as a member of the Arvin City Council. The petition was successful. However the resulting election was unsuccessful as verified by the Elections Department of Kern County. AH - 7 • The four precincts in Arvin were combined into two polling sites. • This election was monitored closely due to allegations of voter fraud in previous elections. 1. In December of 2002 the Elections Department received a letter from a recognized city official in authority alleging voter threats and intimidation. This letter was forwarded to the District Attorney’s office. 2. The elections department also received complaints from various sources. • The District Attorney’s Office has no standards for investigating voter fraud. They developed procedures specifically for this recall. • The District Attorney’s Office, working in conjunction with the Elections Department, developed a list of nineteen individuals who possibly were not eligible to vote. Investigators and deputies were sent to the voter’s residence for investigation. They were not in uniform, however, they were armed as required by policy. In October of 2002 the District Attorney’s office filed charges against four individuals for voter fraud. Two pleaded no contest and received three years probation after serving ten days in custody and performing 120 hours of community service. The individuals were required to pay a $ 100 fine plus $ 180 in court fees. Another rejected a plea bargain and faces up to a one year in jail. The fourth individual is facing charges. • The Mayor charged that the investigators, during their investigation, were wearing firearms and intimidating the citizens. The Committee did look into this and were informed that by policy investigators carry holstered firearms. • The City of Arvin was billed $ 23,711.43 from the Kern County Elections Office for the cost of the August 13, 2002, mayoral recall election. The City is eligible to be reimbursed from the state about $ 3,000.00 for the cost of mailing absentee ballots. 30th District Assemblyman Election • The Elections Department reviewed 280 Provisional Ballots and rejected 151 along with reviewing 4,840 Absentee Ballots rejecting 281. The County Counsel advised the Elections Department to re- verify ballots still on hand, which were 371, consisting of 280 Provisional Ballots and 91 Absentee. The re- verification revealed no adjustments needed. • The Republican Party observers watched as the provisional and fail- safe Ballots were verified. They challenged 53 votes out of 500 but all were found to be valid. • The Republican Party hired a research firm after the general election to investigate the integrity of voters. AH - 8 • The voter registration of the 30th District Assembly is as follows: County Total Registered Democratic Republican American Independent Green Other Fresno 14,965 5,509 7,414 332 32 1,678 Kern 50,315 31,579 13,075 982 72 4,607 Kings 45,872 19,016 20,851 942 87 4,976 Tulare 9,657 4,548 3,818 205 14 1,072 Total 120,809 60,652 45,158 2,461 205 12,333 Percent 50.20% 37.38% 2.04% .17% 10.21% • Three months prior to the election approximately 15,000 voters were registered in the 30th District. Of this, 10,000 were in Kern County with the remainder in other counties. This amount also includes reregisters. • Normally the county has a 60% Republican and 40% Democratic voter turn out. During the current general election the turn out was 60% Republican and 35% Democrat. Even though the percentage is lower for the Democratic Party the additional 10,000 registered votes influenced the election. • It was observed that individuals were electioneering within 100 feet of the polling place. These individuals were requested to stop electioneering by polling officials, however, they returned once the officials left. • Individuals who solicit registration at various locations are compensated for each new registration. The solicitors are not required to receive training or follow any guidelines. COMMENTS: The Elections Division is performing an exceptional job. They perform their tasks in compliance within government laws and regulations with limited resources. RECOMMENDATIONS: • The Elections Department should develop a written critique after each election depicting what went right and what went wrong with the election process. This could be used to improve the functions of future elections. • A comprehensive training plan with specific objectives should be designed and developed specifically for the task to be performed. The trainee should be given an entrance exam and an exit exam to determine the effectiveness of that training. AH - 9 • Both the District Attorney’s Office and the Elections Office should jointly develop formal standards to investigate election fraud. Any violation of election law should be prosecuted to the fullest extent of law. • The following recommendations will require amendments to the elections code but are deemed worthy of a legislative effort: 1. Individuals who deliver absentee ballots to a precinct should show identification. 2. Individuals should show a recognized Identification when signing in to vote such as drivers license or California identification. The precinct worker should verify address and signature. 3. Individuals who solicit registration at various locations should not be compensated for each new registration. They should receive adequate training to deal with the public and given a competency test. 4. Individuals registering to vote either at the Department of Motor Vehicles or other locations shall provide proof of citizenship. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AH - 10 August 4, 2003 The Honorable Stephen P. Gildner Presiding Judge Kern County Superior Court SUBJECT: RESPONSE TO GRAND JURY REPORT ON ELECTIONS Dear Judge Gildner: We wish to thank the Grand Jury for their interest in and analysis of the election process in Kern County. The implementation of the new touch screen voting system is an ideal time to implement Recommendations 1 and 2. Response to Recommendations: 1. Written critique of each election is an excellent suggestion. Currently, all comments by both poll workers and trouble shooters are compiled and reviewed by elections staff and management. Separate post election meetings are held with election trouble shooters and staff, but there is no written synopsis of these meetings. This procedure will be implemented at the upcoming major election. 2. A comprehensive training plan has been developed and will be implemented for the next election. 3. It is the responsibility of the Registrar of Voters to report possible election fraud to the District Attorney. Investigation and prosecution of election fraud is the responsibility of the District Attorney. 4. The input regarding possible amendments to the Elections Code is appreciated. Again, we would like to thank the Grand Jury for their interest and suggestions. ADMINISTRATION & AUDIT COMMITTEE Thomas H. Hardy – Chairman Robert D. Coogle Harold G. Mott BAKERSFIELD COLLEGE PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury visited Bakersfield College on September 3, 2002, pursuant to Penal Code Sections 925 and 933. The Committee met with the President and the Executive Director who presented the mission and operations of the college. The Committee was given an extensive tour of the college campus and observed the various construction project sites. BACKGROUND: The mission of Bakersfield College ( BC) is to empower students and community to succeed by providing exceptional instruction and services in a supportive environment. BC’s vision is to be known for its excellence and to collaborate in community development, foster cooperative efforts, and cultivate partnerships. BC desires to ensure student success through innovative programs and high standards of service. BC is a two- year learning institution founded in 1913 and has resided at its present 153 acre main campus since 1956 and has a current enrollment of 15,000 students. The College has been under the authority of the Kern Community College District since 1968. BC offers Associate in Arts and Associate in Science degrees, as well as Certificate of Achievement in more than 40 fields of study. BC maintains three detached college campuses and offers classes in four high schools in Kern County. Also, they offer distant learning programs through television and the Internet. BC is rated among the top 100 largest community colleges in the nation. FINDINGS: • BC is being operated very efficiently under tight budget constraints and uses various grants as a means to assist in accomplishing its mission. Grant and bond issues have become the College’s main source of funds in maintaining infrastructure. State spending reductions have severely handicapped BC in accomplishing many projected goals to improve the infrastructure. Local projects are paid for entirely through district funds. • BC was able to educate 706 more students than their funds provided for during the 2001- 2002 enrollment period. The projected short fall for the 2002- 2003 enrollment period is estimated to be $ 0.15 on the $ 1.00 of the projected budget. • BC had been cited for non- compliance of Educational Code 84362 ( the 50% law) which requires that 50% of state funding be budgeted for classroom functions, thus limiting operational expenditures. Position classifications were the underlying reason for this non- compliance. An example would be a coach position, coaching a team and teaching English. The coaching duties would not be classified as a classroom AA - 3 function. These classifications have now been refined. BC has been in compliance for the last two years. • Proposition 98, the “ Classroom Instructional Accountability and Improvement Act of 1988”, was meant to guarantee a minimum level of funding for the states K- 12 schools and community colleges. The measure that was supposed to bring needed financial aid to California community colleges has under- funded the community colleges by $ 2.7 billion over the last 10 years. This has created financial problems for both K- 12 schools and community colleges. Each year the Legislature suspends Educational Code 43201.1, which was written to guarantee community colleges 10.93% of all Proposition 98 funds. With the passage of Proposition 13, local tax funding for K- 12 schools has dried up, and monies intended for community colleges has been shifted to the K- 12 area. • A local bond issue, Measure G, will be voted upon in the November 2002 election. The passage of Measure G would provide $ 180 million to Kern Community College District for the repair of infrastructure, remodel and repair of classrooms and laboratories, replace obsolete equipment, and upgrade to modern technology. • BC is experiencing deterioration in many areas of the campus infrastructure. 1. The GET bus drop off landing has 15 feet of severely damaged asphalt needing immediate attention. 2. The painting of buildings should be completed every 10 years. BC can only afford to paint every 20 years, in some cases it’s even longer. The Language and Arts building has areas of deterioration on its cement walls and stairway landings. The entire building is in need of painting. 3. An out- of- town expert with experience in the outmoded system is required to assist in repairing the electrical problems on campus. The parts for the electrical system must be custom made because they are no longer manufactured. 4. Water is pumped through 46 year old galvanized pipe which is in a state of deterioration. • A new state of the art pool is near completion. This new 50- meter Olympic size pool, of Italian design, utilizes stainless steel and Styrofoam making the pool low maintenance and cost effective. The pool is equipped with a handicap chair lift to assist the disabled. • The Child Development Center project is now complete and provides needed space to handle the rapid growth requirements. • The pool and library projects received large sums of private donations. These structures are open and used by the community. • BC has enhanced the beauty of the campus with several landscape improvements. AA - 4 • With the increased student body, parking has become a critical problem. RECOMMENDATIONS: 1. Immediate attention to repair the bus stop landing is needed for the safety of the students. 2. The electrical system requires modernization. 3. The water pumps and pipes require immediate repair and/ or replacement. 4. Painting of buildings, especially the Language and Arts Building, need to be accomplished. 5. An individual should be assigned at the Community College District level to perform grants research. 6. Establish a committee composed of students and faculty to resolve the parking issue. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AA - 5 Office of the President Bakersfield January 8, 2003 COLLEGE ▀ ▀ ▀ ▀ ▀ ▀ ▀ The Honorable Stephen Gildner Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield CA 93301 Dear Judge Gildner: My response to the Grand Jury report dated October 17, 2002, regarding Bakersfield College, was purposefully delayed. I had hoped to provide definitive information based on the outcome of the Kern Community College District Measure G. I am pleased to report the voters within the service area of the Kern Community College District, which includes Bakersfield College, approved Measure G in the November 2002 election. Measure G is a $ 180 million general obligation bond. From its proceeds, $ 115 million will be used to renovate, modernize, and expand our aging Bakersfield College facilities. I am also pleased to report that listed among the projects to be funded with Measure G bond proceeds are three of the projects identified among the six recommendations presented by the Grand Jury, specifically # 2, 3, and 4. While funding for these three specific projects is contained within Measure G, the timeline with which these will be completed is uncertain at this time. The Kern Community College District ( KCCD) is in the process of creating its new Facilities Development, Planning and Management Structure. The Kern Community College District, including Bakersfield College, is in the process of arranging its Measure G project priority list. As required by law, a citizens' oversight committee will review projects to be financed. The Kern Community College District Board of Trustees will appoint this committee at their March meeting. It is anticipated that the first general ligation bonds . o b will be issued as early as March 2003. K e r n C o m m u n i t y C o l l e g e D i s t r i c t 1801 Panorama Drive ■ Bakersf ield, CA 93305 ■ Online www. bc. cc. ca. us ■ Fax 661.395.4698 ■ Phone 661- 395- 4211 The Honorable Stephen Gildner January 8, 2003 Page Two Following is my response to each of the individual recommendations enumerated in the Grand Jury report: Recommendation # 1: Immediate attention to repair the bus stop landing is needed for the safety of the students. It is intended that the bus stop landing will be repaired this year with capital revenues currently budgeted. As you are well aware, public agencies are facing drastic mid- year reductions. It may become necessary for the college to revert scheduled maintenance money to the State in order to cover the State- mandated reductions. Recommendation # 2: The electrical system requires modernization. The electrical system will be modernized in phases. The initial phase is scheduled to begin in May. Subsequent phases of modernization are designated among the first priorities to be addressed with Measure G proceeds. Recommendation # 3: The water pumps and pipes require immediate repair and/ or replacement. Water pumps and pipes in some buildings will be repaired and/ or replaced as college project proposals are approved by the State for capital outlay or scheduled maintenance allocations. In the event State approval is not forthcoming, the modernization of Bakersfield College's infrastructure is contained within the list of projects planned for Measure G proceeds. The Measure G project list is enclosed. ( Attachment A) Recommendation # 4: Painting of buildings, especially the Language Arts Building, needs to be accomplished. Painting of the Language Arts building is a priority. In addition to being listed as a Measure G project, preliminary plans for completely refurbishing the Language Arts buildings have been submitted for possible State capital outlay funding secured under the Proposition 47 revenue bond. This project is currently moving through the Initial Project Proposal ( IPP) process. The IPP process is the first step of a five- step, five-year construction plan. The proposed budget year for this project, if approved, is 2005- 06. The Honorable Stephen Gildner January 8, 2003 Page Three Recommendation # 5: An individual should be assigned at the Community College District level to perform grants research. Over the course of the last two years, Bakersfield College has contracted with three consultant/ grant writers, and has submitted proposals realizing over $ 8 million in successful grants, infusing much needed capital into our instructional programs. Bakersfield College will continue to prospect grants as resources permit. Considering the precarious fiscal conditions the California Community College system is currently facing as a result of the State of California budget deficit, it is inadvisable to consider new staff positions at this time. The Kern Community College District mid- year reduction is projected to exceed $ 3 million. This represents an annualized amount of more than $ 6 million, which will be on going; this uncertain financial situation makes it difficult to add new positions. Recommendation # 6: Establish a committee composed of students and faculty to resolve the parking issue. In my 14- year tenure at Bakersfield College, parking concerns have surfaced periodically from students and faculty. There have been ad hoc meetings with students and faculty leadership represented to resolve parking issues. It has been approximately two years since faculty and students last met to discuss parking issues. The issue is not one of lack of adequate number of parking spaces available, but rather the proximity of the parking spaces to the buildings. Several years ago, in order to mediate the complaints about parking being " too far" from the buildings, the Associated Student Body provided shuttle services. Enclosed is a campus map identifying parking areas on campus ( Attachment B). l have highlighted the, areas that at all times have parking available. Students have also expressed concerns about the cost of parking. The California Education Code authorizes the District to require parking fees of up to $ 40 per semester. The parking service fees assessed at Bakersfield College are currently $ 20/ semester. Comparatively, California State University, Bakersfield charges $ 36 per quarter. The parking fee is annually evaluated and approved by the Kern Community College District Board of Trustees. The Honorable Stephen Gildner January 8, 2003 Page Four In conclusion, recommendations 2, 3, and 4 will be completed with proceeds from State and local bonds. The local bond, Measure G, will likely be issued in three phases over the course of the next 12 years. From Bakersfield College's perspective, recommendations 1, 2, 3, and 4 are high priority projects. Thank you for the time and consideration you, the Honorable Judge Arthur Wallace, and members of the Grand Jury have shown Bakersfield College as we continue to look for ways to improve our service to the community. Sincerely, Sandra V. Serrano President SVS: ds cc: Mr. John Rodgers, President, KCCD Board of Trustees Dr. Walter Packard, Chancellor, KCCD Attachments ATTACHMENT A EXHIBIT A-. 1 The Governing Board of the Kern Community College District has evaluated safety, technology and instructional needs in developing the scope of college facility projects to be funded as outlined in the District's Educational/ Facilities Master Plan, amended from time to time, on file at the District's Chancellor’s Office. Key projects and estimated costs are identified below. PROJECTS Projects to be completed at Bakersfield College ( BC), Cerro Coso College ( CC), Porterville College ( PC) and District- wide ( D) Additional Classrooms and Renovation $ 99,675,000 Additional Classrooms- Ridgecrest ( CC) Expanding Classrooms in Health Services ( PC) Expand Delano Education Center ( BC) Additional Classrooms for Satellite Education Centers ( D) Improving Classrooms in the Agricultural Instructional Facility ( PC) Expanding the Computer/ Applied Technology Facility ( PC) Expand Media/ Art / Performing Arts Classrooms ( CC) Acquire land to expand local education center( s) ( D) Improve Student Services Facilities ( PC) Improve/ Upgrade Health/ Fitness Center, Physical Education facilities ( PC) Renovate Science Learning Center ( CC) Renovate/ Construct Science and Engineering Facilities ( BC) Construct Labs ( BC. CC, PC) Expand Child Development Facilities Health and Safety Upgrades $ 44,520,000 Upgrade Buildings, including replacing outdated safety and utility systems Upgrade deteriorating classrooms, instructional spaces and facilities for: Language Arts, Levinson Hall ( BC) Upgrade electrical infrastructure campus wide ( BC) Remove Asbestos and hazardous materials ( CC) Modernize outdated Applied Science & Technology facilities for health/ safety ( BC) Modernize Business Education and Fine Arts Buildings for health/ safety ( BC) Upgrade outdated Classrooms/ Labs for health/ safety ( BC, CC, PC) Acquire updated physical education equipment, improve physical education fields/ facilities for health/ safety ( BC, CC, PC) Construct Water Well ( CC) Energy Efficiency Improvements $ 7,550,000 Install Solar Energy Systems for energy efficiency ( CC) Replace outdated Heating and Air Conditioning units for energy efficiency ( PC) Site Improvements for Accessibility, Safety & Security $ 905,000 Install modern Fire Alarm Systems ( PC} Repair and resurface unsafe blacktop in parking lot( s) for safety ( CC) Install Emergency Telephone Systems for safety/ security ( PC) Information Technology and Equipment $ 27,350,000 Install modem computer technology District- wide at college and education centers ( D) Replace outdated Instructional Equipment ( BC, PC, CC) Modernize College Learning Center ( BC) Install Distance Learning technology at colleges and education centers ( D) Install modem wiring/ technology in college libraries and computer technology centers ( D) Upgrade College Telephone Systems ( BC, CC, PC) Replace outdated Technology Equipment ( BC, CC, PC) TOTAL $ 180,000,000 KERN COMMUNITY COLLEGE DISTRICT PURPOSE OF INQUIRY: The Administration & Audit Committee of the 2002- 2003 Kern County Grand Jury initiated an investigation based on a citizen complaint. This investigation was pursuant to Penal Code Section 925 and 933. The investigation was conducted through interviews, review of documents, contracts, applicable laws, and regulations. BACKGROUND: Kern Community College District ( KCCD) serves an area of approximately 24,800 square miles in parts of Kern, Tulare, Inyo, Mono, and San Bernardino Counties and is geographically one of the largest community college districts in the United States. The District serves a population base of about 700,000 people. KCCD has an estimated enrollment of 22,500 students with an annual operating budget of approximately $ 82 million. KCCD was established as a separate entity on July 1, 1968. Prior to its establishment, the educational services were provided to residents of this area by: Bakersfield College since 1913, Porterville College since 1927, and Cero Coso College in the Ridgecrest area since 1951. KCCD has many community education centers offering courses at locations away from the colleges. The District has embarked on a distance education venture, which includes the use of sophisticated technology. The Western Association of Schools and Colleges accredits all three colleges. The District is a charter member of the League for Innovation. FINDINGS: The Committee focused on four specific areas of inquiries; contractor uses of utilities, adherence to the prevailing wage law, payment of liquidated damages, and bid splitting. 1. Utilities - Contractors are not complying with the terms of the contract, specifically that they are to install temporary utilities through the local utility company or connect to existing service. If the option is to connect to existing power with a clamp on meter is to be installed. • Temporary power would be costly to install through the utility company at a conservative rate of $ 40 per linear foot. • The use of existing power would give the contractor a favorable rate by utilizing the lower kilowatts per hour rate enjoyed by a college. This is in violation of AA - 13 utility company’s Rule 18 where it states; “ a customer shall not furnish or use electricity received from the utility company upon premises, or for purposes, other than those specified in his application for service.” The application for utility service could not be produced. 2. Prevailing Wages - Sections 1770 through 1780 of the California Labor Code states in part that public works projects in excess of $ 1,000 will adhere to the prevailing wage law. • KCCD is meeting its statutory responsibilities through the architecture and engineering ( A& E) firm that reviews the prevailing wage requirement for major projects. • KCCD does not have any procedure for addressing prevailing wage requirements for local projects administered by the colleges. • There are no on- site interviews by the owner ( KCCD) to verify that workers are paid prevailing wages by the contractors. 3. Liquidated Damages – The owner is due liquidated damages when the contractor fails to complete each phase of the contract within time limits fixed for completion. The completion date may be extended with a modification of the contract through a change order. • KCCD planning is hindered when projects are not completed on schedule. This interferes with education programs and the community as a whole. • The Committee’s review of change orders, reflected excessive time extensions were not explained on the change orders. The KCCD, value engineering, and latent conditions processed change order requests due to requested upgrades. Below are a breakdown of contracts reviewed and their respective overruns: Project Original Contract Percent Increased of Contract Days Project Extended Child Development Center $ 3,471,600 11% 135 Pool Project $ 2,160,106 6% 197 Student Services Seismic Retrofit $ 564,400 18% 142 Note: There was a Value Engineering Change Order on the Pool Project reducing the original contract to $ 1,920,106 which was used to determine the percent increase. 4. Bid Splitting – California Deering Code, Public Contract Code, § 20657, Splitting orders or projects; “ It shall be unlawful to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading the provisions of this article requiring contracting after competitive bidding.” AA - 14 • Construction projects reviewed by the Committee found no convincing evidence of bid splitting. • KCCD is governed by Article 41 of the Public Contract Code that initially did not address construction type contracts. The article was later revised to include construction contracts for $ 15,000 or more. However, prior to this revision, KCCD Governing Board elected to come under the Uniform Public Construction Cost Accounting Act as prescribed in Public Contract Code § 22032. • Construction projects, that fall under the threshold for a contract are let by a purchase order and funded through the yearly operating budget. If the project extends into the following fiscal year, an additional purchase order would have to be issued to complete the project. This condition could give the appearance of bid splitting. COMMENTS: Kern Community College District relies heavily on the A& E firm and gives them authority to ensure that the district interests are protected. However, the responsibility still remains with the District to ensure adherence with all laws and regulations. RECOMMENDATIONS: 1. Utilities • KCCD should be reimbursed for the cost of utilities used by the contractors. The reimbursement should be the higher of utility cost bid in the contract with associated profit margin or a cost estimate based on an independent electrical engineering study. • Construction contracts should reflect owner- supplied utilities. If new construction, the contractor should tie into the local utility company and be billed separately. This would eliminate any conflicts in reimbursements. 2. Prevailing Wages • KCCD should periodically spot check the on- site work force through interviews to ensure prevailing wages are paid. 3. Liquidated Damages • The Director of Facilities and Planning should approve or disapprove on all requests for change orders. This would ensure that construction projects are completed in the best interest of the District and taxpayers. AA - 15 4. Bid Splitting • All construction projects should be assigned a work order/ project number for tracking and costing purposes. Projects should be identified in totality even though the project could extend into subsequent years. If the project is below the dollar amount for bidding and is reasonably expected to encompass more that one- year, a negotiated contract should be established which would include that the contract is contingent on funding. • KCCD should strictly adhere to the Cost Accounting Policies and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AA - 16 February 11, 2003 The Honorable Stephen Gildner Presiding Judge of the Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 Dear Judge Gildner: The following is the Kern Community College District's response to the Grand Jury report on a citizen complaint regarding contractor uses of utilities, adherence to the prevailing wage law, payment of liquidated damages, and bid splitting. The Kern College District responded to the citizen complaint by initiating an independent audit of its administrative controls on construction projects. This audit was conducted by the MGT of America firm and was overseen by two distinguished local community leaders. The District has already initiated several of the process and documentation changes recommend in the MGT report. In addition, the District has also begun training its facilities directors on requirements for construction contracting, bidding, prevailing wage requirements, change orders, and various documentation requirements. With the passage of Measure G, the District will be implementing a new Facilities Development, Planning and Management structure. This new organization will be charged with completing the implementation of the recommendations of both the Grand Jury and the MGT of America firm. Kern Community College District's Responses to Grand Jury Recommendations follow: Utilities • Construction contracts should either reflect owner- supplied or contractor- supplied utilities. In order to comply with Rule 18, the District should not allow a contractor to connect to the District's electrical power and then use a sub- meter to determine the amount of power used in order to reimburse the District for cost. Response: District concurs with this recommendation and will incorporate contract language ( excluding new construction) to note that power will be owner- supplied. Honorable Judge Gildner February 11, 2003 Page Two • • • If a project is new construction, the contractor should tie into the local utility company and be billed separately. This would eliminate any conflicts in reimbursements. Response: District concurs with this recommendation and will incorporate contract language on future new construction projects which require the contractor to tie into the local utility company and be billed separately. On smaller remodel projects where power is already available at the job site, it may be cost effective for the District to simply supply the utilities to the contractor. Response: District concurs with this recommendation and will incorporate contract language on future construction projects ( excluding new construction) that the power will be owner- supplied. The District should be reimbursed for the cost of utilities used by the contractors on past projects. The reimbursements should be the higher of utility cost bid in the contract with associated profit margin or cost estimate based on an independent electrical engineering study. Response: District has received reimbursement for utility costs on all three projects identified in the citizen complaint. The District believes that these reimbursements were reasonable based upon assumptions used in deriving these costs. Since these projects were closed out prior to receipt of the Grand Jury report, the District believes that further analysis is not necessary or cost effective. The District did evaluate the cost benefit of having an independent electrical engineering study and determined the cost of the study would most likely exceed the reimbursable costs that could be recovered. Honorable Judge Gildner February 11, 2003 Page Three Prevailing Wages • The District should periodically spot check the on- site work force through interviews to ensure prevailing wages are paid. Response: The District has drafted procedures to document that all prime contractors are aware of requirements to pay prevailing wages and that they are required to maintain documentation of the wages paid by their subcontractors. In addition, recently adopted State legislation will require the District to ensure compliance on all construction projects funded by Proposition 47. The District's new Facilities Development, Planning and Management group will be charged with ensuring District compliance with prevailing wage laws. Liquidated Damages • The Director of Facilities and Planning should approve or disapprove on all requests for change orders. This would ensure that construction projects are completed in the best interest of the District and taxpayers. Response: District concurs with this recommendation. District has implemented a process for adding the Director of Facilities Planning and other appropriate personnel to the mailing list and formal approval of change orders and associated time extensions prior to the request for action by the Board of Trustees. Bid Splitting • All construction projects should be assigned a work order/ project number for tracking and costing purposes. Projects should be identified in totality even though the project could extend into subsequent years. If the project is below the dollar amount for bidding and is reasonably expected to encompass more than one- year, a negotiated contract should be established which would include that the contract is contingent on funding. Response: The District will incorporate this language into future construction contracts in which parts of the projects may be subject the availability of future funding. Honorable Judge Gildner February 11, 2003 Page Four The District should strictly adhere to the Cost Accounting Principles and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission. • Response: The District, in conjunction with the implementation of its new facilities Planning and development organization, will review its policies, practices, and procedures currently in place to ensure full and complete adherence to the Cost Accounting Principles and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission. Respectfully, Walter J. Packard, Ph. D. Chancellor WJP: kvw cc: Members, Board of Trustees Ms. Sandra Serrano, President, Bakersfield College KERN COUNTY ADMINISTRATIVE OFFICE PURCHASING PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury reviewed the purchasing process of Kern County pursuant to Penal Code Sections 925 and 933. The Committee met with the County Administrative Officer, the Assistant County Administrative Officer, Purchasing Manager, and a Kern County Supervisor. BACKGROUND: The Purchasing Division procures all materials, supplies, furnishings, equipment, and services at the best possible price upon proper written requisitions from Kern County departments, agencies, and special districts. This is accomplished through fair and open competition and by providing qualified companies the opportunity to compete for county business. The Purchasing Division subscribes to the standards established by the California Association of Public Purchasing Officers. FINDINGS: • The relevant technical expert must also approve contracts for technical items such as computers. • The Purchasing Division conducts a yearly vendor outreach program in various cities throughout Kern County to attract potential vendors and familiarize them with county purchasing. • The Purchasing Division processes an average of 7,800 purchase orders per year, which includes approximately 3,500 to 4,000 blanket purchase orders. • The Purchasing Division conducts familiarization classes four times a year for interested county employees. • For every requisition there is a purchase order. When another requisition from the same department, for the same class of item, is received before the actual purchase, the Purchasing Division will consolidate the order and cancel one of the requisitions. • The internal control procedures for a purchasing process are as follows: 1. Two individuals approve all department requisitions. One is the requestor and the other is the approving official. These individuals must have a password issued by the purchasing division. AA - 21 2. Two buyers from the Purchasing Division must approve all purchase orders. One reviews the purchase order and the other approves. • Sole source request over $ 20,000 must be forwarded to the Purchasing Division for their concurrence prior to Board of Supervisors’ approval. A letter to the Board of Supervisors justifying a sole source purchase must include the vendor’s name, the dollar amount of the purchase, the justification for the purchase, all background information, and a statement as to whether the Purchasing Division concurs with the request. There is no requirement to have a Purchasing Division “ Criteria for Sole Source/ Brand Vendor Checklist” submitted along with the letter to the Board of Supervisors. • To dispose of surplus property an Inventory Adjustment Request ( IAR) shall be issued to the Purchasing Division. A sequential control number is assigned for tracking purposes. The purchasing agent has the sole responsibility to dispose of surplus county owned property or salvage material. Departments in need of equipment that is deemed surplus by another department may submit a written request to the Purchasing Division, which will attempt to match the department’s requirements with other departments’ surplus equipment. • The purchasing agent may advertise the proposed sale or the disposition of personal property in newspapers, magazines, and other periodicals as in their judgement, will best publicize the proposed sale. • To initiate a donation of surplus property or equipment to another governmental entity, an IAR is submitted through the Purchasing Division to the Board of Supervisors. The Purchasing Division will first determine if another department has identified a need for the equipment prior to notifying the department to proceed with the donation process. A Board of Supervisors’ approval by a 4/ 5 vote is required for all donated surplus property or equipment. COMMENTS: The Purchasing Division is commended for being a very well disciplined entity with strong leadership emphasizing integrity. RECOMMENDATIONS: • The Kern County purchasing function is a profession in itself and should have a staff career ladder in place. They should develop a training program to educate the employees and encourage them to advance up the ladder. This would keep the learned knowledge within the department. • Requisitions should be consolidated per vendor into one purchase order even though the requisitions are from different departments. AA - 22 • An additional box should be added to the IAR Form to denote donations of surplus personal property or equipment. • The IAR’s should be recorded on a computer program for electronic control and processing. • Kern County Policy and Administrative Procedures Manual Chapter 5, Purchasing Procedures, section 517, should be changed to include a Purchasing Division “ Criteria for Sole Source/ Brand Vendor Checklist” with the package submitted to the Board of Supervisors for approval of sole source contracts. • Develop and maintain a listing of all surplus personal property or equipment on the County Website. This would make it accessible to all county departments, special districts, educational institutions, and non- profit organizations. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AA - 23 Kern County Board of Supervisors Response to Grand Jury Final Report KERN COUNTY ADMINISTRATIVE OFFICE PURCHASING Response to Findings: The Board of Supervisors notes that the findings are substantially correct: Response to Recommendations: The Board of Supervisors notes that the County already has a career ladder for purchasing staff. The Buyer job classification series provides advancement opportunities based on demonstrated proficiency in procurement practices. All buyers are strongly encouraged to participate in both regional and statewide educational and professional activities held by the California Association of Public Purchasing Officers, in addition to participating in internal training opportunities. Certification by the National Association of Purchasing Managers is also strongly encouraged. The County's computerized financial accounting system will not accommodate charging separate budget units from a single purchase order. Should the system be upgraded, the recommendation to consolidate multiple department’s purchases with a single vendor onto one purchase order will be reconsidered. When a property donation occurs, the Purchasing Division requests a copy of the Board letter providing the justification for the donation. Modifying the Inventory Adjustment Request ( IAR) form to add a box to mark that it is a donated item would not provide sufficient information to process the donation. Also, while the Purchasing Division has converted many of its processes to an electronic format, conversions must be prioritized based on frequency of use and those of benefit to the largest number of people. The Board of Supervisors concurs that the " Criteria for Sole Source/ Brand Vendor Checklist" should be included in the County Administrative Policy and Procedures Manual. It is also noted that the County has committed considerable resources to streamlining County processes and procedures, including eliminating unnecessary paperwork. Because each department must provide sufficient justification within a Board letter when requesting approval for a sole source procurement, adding the aforementioned check list would create redundant paperwork. The Purchasing Division has established an email list of those departments wanting to be contacted when surplus items of interest or value become available. Because there is generally a very short " turn- around" time for surplus equipment, adequately managing an ever changing website would be too labor intensive for current staff to handle. It is also noted that County surplus items cannot be donated to educational institutions or non- profit organizations without prior Board of Supervisors’ approval. KERN COUNTY ASSESSOR- RECORDER PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury visited the Kern County Assessor- Recorder ( KCAR) on October 15, 2002, pursuant to Penal Code Sections 925 and 933c. The Committee met with the Assessor- Recorder, Assistant Assessor, and Chief Appraiser who presented the mission and operation of the Assessor- Recorder Department. The Committee discussed property tax assessments, which included the oil and gas producing properties. BACKGROUND: The assessor must locate all taxable property in the county, identify the owners, and describe the property. Additionally, the Assessor must determine a value for all taxable property and apply all legal exemptions and exclusions. The Assessor must complete an assessment roll showing the assessed values for all property and maintain records of the above. The Assessor does not set tax amounts or collect taxes. One of the goals of the assessor’s office is a commitment based on the principles that each and every customer should always be treated fairly and equitably and with courtesy and respect. Customers should expect to leave the Assessor- Recorder’s office feeling as though they were served in a competent and professional manner. FINDINGS: • The KCAR office work area is well organized and maintained for an efficient operation. Office sanitation appeared to be a high priority. • Occidental Petroleum acquired the Elk Hills Petroleum Reserves from the United States Government in 1998 for $ 3.55 billion and the property was assessed at that value based on the purchase price. Occidental Petroleum appealed this amount stating that the assessment should be on the proven reserves, which were $ 1.9 billion and not the purchase cost price. The Assessment Board granted this appeal and the county was required to pay back $ 27 million, which was the difference. Kern County Assessment Department appealed this ruling to District Court in Fresno and won that decision and will recoup the $ 27 million. Occidental Petroleum has appealed this decision to the California Supreme Court who refused to hear the appeal. • There are 360,000 real property parcels assessed, this also includes 125,000 residential properties. • There are 25,000 business personal properties, of which 800 have capital assets in excess of $ 400,000. These properties by law are required to be audited every four years by KCAR. AA - 24 • Real property is assessed three ways; ownership change, new construction, and up to a property evaluation increase of 2% maximum per year based on the Consumer Price Index ( CPI), which is in compliance with Proposition 13. • Proposition 8 states when the market value of real property declines below the factor base year level any subsequent increases are not limited to the maximum of 2%. There are currently 25,000 parcels which fall within the Proposition 8 criteria. • Oil and mining real properties are assessed in the following ways: 1. Land cost value. 2. Value of personal property. 3. Minerals are based on production and excavation. 4. Oil valuation is a formula based on proved reserves as determined through an engineering study. The formula for oil value is as follows: a. 50% by 5- year history of the price per barrel at lien date. b. 25% two- year futures price per barrel at lien date. c. 25% posted price using a 3- month average prior to lien date. • There is reduced assessment on the real property of agriculture land covered under the Williamson Act. This act is a 10- year agreement renewable every year that the land will be used for fiber and/ or food. • A Builder’s Exclusion allows a contractor to be exempt from real property assessment until the construction is completed and sold. If exclusion were not obtained the builder would be assessed at a percent of completion. • All Real Property is recorded in the Kern Integrated Property System ( KIPS) when title changes and building permits are issued ( lien date). Building permits are not standardized throughout the different cities within the county. Information from cities within the county must be manually entered into KIPS. The City of Bakersfield has the capability to enter information directly into KIPS; however the city and county are not configured to pass or accept information. • When a change occurs in KIPS a Work Que is generated identifying that the property needs to be re- evaluated. • Business Personal Property value is determined by the submission of yearly business property form 571L. This form includes both capital and expendable property. Capital assets are depreciated at a standard rate schedule throughout the state. • There are numerous and varying reports required to be submitted by law for assessment of business properties. The information required for different types of businesses is generally similar in nature but different in form. The following is an example of these reports: 1. Aggregate Production Report - sand, gravel, stone, limestone, clay and similar products. AA - 25 2. Mining Production Report – diatomite, iron, rare earths, gold, talc, tungsten, and other minerals. 3. Oil and Dissolved Gas Production Report. 4. Annual Oil and Gas Operating Expense Data. 5. Oil, Gas, and Geothermal Personal Property Statement. 6. Air Carrier’s Operation Report – Flight Detail – Piston - Powered and Turboprop Types. 7. Air Carrier’s Operation Report – Flight Detail – Jet Engine Types Only. 8. Air Carrier’s Operation Report – Flight Equipment Value Computation. 9. Air Carrier’s Operation Report – Aircraft Value Computations. 10. Power Plant Property Statement. 11. Supplementary Schedule to the Agricultural Property Statement – Registered and show horses other than racehorses. 12. Annual Racehorse Tax Return. 13. Report of Boarded Race Horses. 14. Horse Property Statement. 15. Business Property Statement. 16. Pipeline Property Statement. 17. Apartment House Property Statement. 18. Right of Way Property Statement. 19. Vessel Property Statement. • County Assessor representatives meet regularly to ensure that the form requirements are valid. They make recommendation to delete or modify forms and establish forms to meet the requirements of the law. This group also has a representative from the taxpayers association. • KCAR uses networking via e- mails to communicate with other assessors whom they have met at annual conferences and various seminars. The sharing of information has helped to solve taxation problems and improve department operations. • KCAR utilizes a database called E- FORUM System which lists solutions for search inquiries. This system is used throughout the state to address assessment problems. • A system has been initiated with other county assessors to share out of state audits. This reduces expenditures and solves logistic problems. • A database for all real property sales ( both commercial and residential) is being developed for assessment of like properties. • All assessors must be certified and require continuing education to maintain their certification. The training budget is not sufficient to fund all the continuing education requirements. AA - 26 COMMENTS: The Assessor’s Office is performing an exceptional job. They perform their tasks in compliance with government laws and regulations with limited resources. RECOMMENDATIONS: • The Assessment process needs to be reviewed. The State Board of Equalization should consider establishing a work group to include the taxpayers association to re-engineer this assessment process. This work group should make recommendations to the state legislature for streamlining of reporting requirements. This would alleviate sources currently needed by the Assessor’s Office and add clarity to the small business owner. Currently the assessment process is very cumbersome and confusing, especially to the average small business owner who represents 14% of the total county personal property assessments. This confusion has developed an attitude of apathy within the small business community. State law required the small business owner to report business personal property regardless of value. • All cities should be connected to KIPS for the input of building permits. The county building permit form should be the standard. This form could be modified by cities for their specific ordinances. • Training should be a high priority and requires additional funding. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AA - 27 August 12, 2003 Hon. Arthur E. Wallace, Presiding Judge Kern County Grand Jury 1415 Truxtun Avenue Bakersfield, CA 93301 Re: Kern County Grand Jury Response To Recommendations - Kern Co. Assessor's Office Dear Honorable Judge Wallace: We appreciate the recent Kern County Grand Jury review of our Office. The Audit Committee was most courteous and thorough in their investigation of our Office. They made very engaging and informative inquiries during the course of our review. I appreciate the comment, " The Assessor's Office is performing an exceptional job. They perform their tasks in compliance with government laws and regulations with limited resources." Recommendations were made that we concur with and have taken steps, to the best of our ability, to enact. Recommendation Number One concerning the streamlining of the reporting process for the small business person is appropriate. Currently, the reporting forms that are required to be completed are necessary to our appraisal process, however, we recognize they can be complex. The form's information is directly used to perform our duty to assign a fair market value for the property. The more complex the property, the more complex and thorough the form's questions must be. We have a member from our Office that sits on a State Board of Equalization Committee whose purpose is to obtain input from the business community to improve the reporting process. The forms we use are prescribed by the State, and we can only modify them with State approval. Recommendation Number Two stated all cities should be connected to our Kern Integrated Property System for input of building permits. This is a sound idea, and we have been working with the City of Bakersfield with this. We are making progress towards improving this process. We will be working closely with outlying cities in the future. Recommendation Number Three states that training should be a high priority and requires additional funding is also a very important issue to our Office. Annual training is required for our appraisal staff. Hon. Arthur E. Wallace August 12, 2003 Page Two They must maintain a certain number of hours to remain certified by the State. We dedicate funds annually to training. Training, in many instances, is out of town and can be quite expensive. We have been working closely with the State Board of Equalization to schedule and conduct training courses in Bakersfield to reduce costs. The State has been very cooperative with us. Again, we want to take this opportunity to thank you for your comments and recommendations. If you require any further information and clarification please do not hesitate to contact me. KERN COUNTY DEPARTMENT OF AIRPORTS PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury visited and toured the Meadows Field Airport on November 25, 2002, pursuant to Penal Code Sections 925 and 933. The Committee met with the Airport Director who made a presentation of the airport’s mission and operation. BACKGROUND: The mission of the Airport is to prepare for the future of Kern County air travel by having the infrastructure in place. The vision is to build a world class quality airport system which focuses on the customer, complements the Kern County economy, and promotes efficient and safe operations. Aviation began in Kern County in 1910 at this site and in 1927 was named Meadows Field Airport in honor of Cecil Meadows, a pioneer in the development of aviation in Kern County. The Director of Airports is responsible for the operations at Meadows Field, Kern Valley, Wasco, Lost Hills, Taft, Poso, and Buttonwillow. Meadows Field has two runways. The main runway is 10,857 feet in length and 150 feet in width, with a 25- foot dirt skirt on each side. The second runway is 3,700 feet in length and 75 feet in width. The Airport is currently served by two airlines, America West Airlines and United Express. The airlines provide direct service daily to Phoenix, Arizona, Los Angeles and San Francisco, California, where worldwide connections are available. FINDINGS: • Meadows Field Airport operates as an Enterprise Fund supported through: ( 20%) taxes, ( 17%) general aviation, ( 16%) land, ( 12%) passengers, ( 11%) parking, ( 6%) terminal, and ( 2%) other sources. • Small aircraft under 12,500 pounds are not charged a landing or takeoff fee. Revenue is generated from a $ 0.06 per gallon fuel fee. • The Wasco, Lost Hills, Taft, and Buttonwillow airports are consistently not profitable and are used primarily for general aviation. • Kern County is well known for Tule fog weather conditions. Meadows Field Airport is one of two airports in California which have the capability to land airplanes in AA - 28 severe weather when visibility is limited to 1,800 feet and takeoff with visibility of 600 feet. This capability is due to implementation of Centerline Lights, an approved Surface Movement Guidance and Control Plan, and Runway Visual Range Controls. • Improvements: 1. The second runway will be extended to 7,700 feet in 2003. 2. A new 58,000 square foot terminal building will be completed in 2004 at a cost of $ 32 million. The new terminal will allow the airport to handle anticipated passenger growth, improve ramp access, and provide additional auto parking space. The funds for building the new terminal are derived from four major contributors: 1. Federal Aviation Administration $ 14,800,000 2. Passenger Facility Charge $ 2,700,000 3. County of Kern $ 13,000,000 4. City of Bakersfield $ 1,500,000 • The air service for Meadows Field Airport was impacted by the September 11, 2001, ( 9/ 11) terrorist incident. On September 8, 2001, three air carriers provided forty- six flights a day with 1,576 seats available. On October 1, 2002, two carriers provided 28 flights a day with 1,076 seats available. Prior to 9/ 11, the Airport had boarded 148,000 passengers annually. After 9/ 11, the annual boarding rate dropped to 128,000 passengers, an overall reduction of 14% in passenger service. • The potential for air travel at Meadows Field Airport is growing at a rate of 2.04% per year and currently serves 776,258 people. The Airport is experiencing a market leakage of 210,000 passengers a year to the Los Angeles basin. • In 1996 the Airport had a debt of $ 3.34 million. In the past six years the Airport debt has been reduced to $ 1.04 million and is currently operating in a cost- effective manner. • The 2020 plan for Southern California Airports, including the Los Angeles basin, projected passenger capacity will exceed demand by 42,800,000 passengers per year. • The screening of passengers is now under the control of the Federal Government’s Transportation Security Administration at Meadows Field. AA - 29 COMMENTS: The Director has accomplished significant improvements for Meadows Field Airport and is working on the following projects: 1. Reduction of the Airport debt. 2. The purchase of 380 acres of adjacent land for future commercial development and noise abatement. 3. Analysis of travel agent database programs to determine passenger potential in an effort to help solicit new air carriers. 4. The airport infrastucture is being developed to handle anticipated future growth in air travel within Kern County and to accept the overflow of passengers from the Southern California Airport area. 5. Bakersfield will be the first stop of the proposed Bullet Train from Los Angeles. The terminal site has not been selected. Two of the three sites are within the city of Bakersfield at the new Amtrak Station and at M Street and Golden State Highway. The third site is proposed at 7th Standard Road, which is in close proximity to the airport. 6. The proposed $ 40 million distribution warehouse for Pactiv Corporation on airport property is on hold. This warehouse would have created 400 permanent jobs and 1,000 temporary construction jobs for the community. The constraint affecting this proposal is prevailing- wages. NO RESPONSE REQUIRED AA - 30 KERN COUNTY GRANT PROGRAM PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury conducted a review of the fiscal monitoring of the grant program within Kern County pursuant to Penal Code Sections 925 and 933. The Committee met with the County Administrative Officer, Auditor- Controller, County Departments responsible for grants, and a large grant recipient. BACKGROUND: Departments seek out grant opportunities for new or renewing programs that are not a continual funding source of the departments. A grant is defined as an award of resources from a public or private source for developing, enhancing, or continuing a program, service, or facility for the overall public good. This is especially needed during this time of financial budget constraint. Per Kern County Policy and Administrative Procedures Manual, Chapter 13, Grant Administration; it states in part that “ Departments are responsible for administering the grant within the terms of the grant agreement.” This agreement includes both programming and fiscal functions. The Board of Supervisors approval is required to submit a grant application only under the following circumstances: 1. The grantor requires the governing body’s authorization and/ or signature of the county’s highest elected official. 2. Matching funds are required ( unless the Board previously approved the funding source). All other applications may be submitted without outside review or approval. FINDINGS: • There is no single point where grants are processed in and through county departments. • Some departments do not give technical advice on fiscal matters due to potential liability to the county. These county departments believe grantees should understand business matters. • Mini Grants ( Subventions) are disbursed by the grantee for a specific amount and time. The fiscal reporting requirements are not as stringent. • Auditor- Controller- County- Clerk’s Office performs scheduled audits on county departments wherein the audit guidelines there is a section where grants are a part of AA - 31 the audit scope. They do not conduct on site audits of grantee providers unless requested by the Board of Supervisors. These grantees are to receive a yearly independent audit from a certified accounting firm. • The County Administrative Office is currently developing a list of Kern County Department grantees and how they are monitored. This list includes in part the department, amount of the grant, and the recipient. • County Counsel’s Office reviews department grant contracts to ensure that the county is protected against potential liability. They also check for form and any ambiguity in the contract. • County departments have developed grant monitoring guidelines for both fiscal and program reviews. However, the guidelines for fiscal review are not consistently utilized due to lack of resources and staff. The lack of this review has caused some legal actions. • Grantee providers, especially small non- profits, are not given adequate training on how to administer the fiscal functions involved with the receipt of a grant. COMMENTS: Kern County processes a significant number and value of grants each year without adequate controls for the fiduciary responsibility of the grantee. Departments who receive and issue grants are mainly program orientated and are evaluated on meeting the needs of the citizens of Kern County. There seems to be no realistic oversight ensuring that grantee’s are conducting their operations according to established good business practices. RECOMMENDATIONS: • The list of grantees developed by the County Administrative Office should be permanently maintained in a database with frequent updates. This list should be modified to include the source of the funding. The data base information would be available for individuals for comprehensive research involving contract grants within the county. • Auditor- Controller- County- Clerks Office should require county departments to perform internal reviews of their departments during years when not audited by the Controllers Office. • Auditor- Controller- County- Clerks Office should develop a consolidated report of common audit findings and communicate these findings to all departments, on a yearly basis, to be incorporated in an internal review. AA - 32 • Departments should develop a training program for fiscal responsibilities of the grantees with clearly identifiable objectives. They should also encourage grantees to seek out assistance from the Small Business Administration ( SBA) and Service Corps of Retired Executives ( SCORE) for counseling on sound financial business practices. • County Departments should utilize established review guidelines for monitoring the fiscal functions of grants. In all cases a grantee risk assessment should be performed. This should be based on potential liability to the county rather than value of the grant. • The County Administrative Office should conduct a regularly scheduled outreach program where grant concerns are discussed. This program should enhance the performance of reporting and processing grant data along with other concerned issues. RESPONSE REQUIRED: RESPOND WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301 AA - 33 Kern County Board of Supervisors Response to Grand Jury Final Report KERN COUNTY GRANT PROGRAM Response to Findings: The Board of Supervisors notes that the findings within the report are substantially correct regarding departments seeking grant monies and the process for entering into contracts for services ( termed " grants" by the Grand Jury). However, it is also noted that the County does not have a " Grant Program" as portrayed within the report and that the County Administrative Office is not compiling a list of grants the County has given; but has compiled a list of contracts for services that are administered by County departments. It is noted that there are two kinds of grants the County receives. The first are State allocations based on population, caseload, or another objective criteria. These grants are generally statutorily provided for in a bond measure via a ballot proposition, or are the County's pro rata share of dedicated funds collected by the State, such as a portion of sales tax collected for road maintenance. The second type of grant is a competitive grant. With this type, the County competes with public and private organizations for funds being granted for a specific purpose, such as restoration of historical buildings. If the grant is awarded, the County enters into a contract with the grantor. The contract specifies the purposes of the grant, how the funds may be expended, and the fiscal and program reporting requirements the grantor places on the County. The contract is approved as to legal form by County Counsel and as to content by the department head prior to the Board of Supervisors executing the contract. Each department is responsible for adhering to the terms of the contract, including the proper expenditure of funds and ensuring that the reporting requirements are met. It is noted that virtually all of these contracts are paid in arrears― either the County is reimbursed for expenditures made in support of the grant activities or the County is paid after the services are performed. If the terms of the contract are not met, the grantor will take the necessary legal actions to be reimbursed or to ensure contractual compliance. Except for the Community and Economic Development Department, which administers federal Housing and Urban Renewal funds, it is extremely rare for a County department to be a grantor― an agency that solicits grant proposals and awards grant funds. County departments do, however, frequently contract for professional services in furtherance of their missions. The types of services the County contracts for vary widely, from contracts for engineering and design services to contracts with medical service providers. When professional services costing more than $ 20,000 are required, the department will issue a Request for Proposal, review the received proposals and rank them based on the selected criteria, and enter into contract negotiations with the top proposer. The contract is approved as to legal form by County Counsel and as to content by the department head prior to the Board of Supervisors executing the contract. Response to Recommendations: Recommendation No. 1: As noted above, the County Administrative Office is not developing a list of County grantees; however, a list of contracts administered by County departments has been compiled pursuant to the Grand Jury's request. Each County department Kern County Board of Supervisors Response to Grand Jury Final Report Grant Program Page 2 head is responsible for ensuring contracts are appropriately administered. Because County contracts are approved by the Board of Supervisors, they are public documents and are available from the Clerk of the Board upon request. Recommendation No. 2: Most County department heads are appointed by the Board of Supervisors and are responsible to the Board for the fiscal management of their departments. All department heads are responsible for ensuring services are performed by contractors pursuant to the terms of the agreement. Recommendation No. 3: When the Auditor- Controller- County Clerk conducts an audit of a County department, its audit findings are filed with the Board of Supervisors. Department responses to the Auditor's findings are also filed with the Board of Supervisors. As such these are public documents and available for review upon request. Recommendation No. 4: When a professional services contract is executed by the Board of Supervisors, the performance and reporting requirements are clearly stated within that contract. It is expected that persons and agencies entering into contracts will know their contractual responsibilities and be able to meet their obligations. The General Services Division does offer informational meetings on contracting with the County to potential vendors and does offer related outreach services. Recommendation No. 5: The County Administrative Policy and Procedures Manual ( APPM) specifies the process to be used by departments applying for a grant and states that it is the department head's responsibility to ensure compliance with the attendant agreement. The provisions within the APPM are approved by the Board of Supervisors and it is expected that County departments will adhere to the policy and procedures therein. As previously noted, most contracts for professional services are executed only after a Request for Proposal ( RFP) process. Proposers are required to provide assurances of their experience an4 ability to fulfill the services requested in the RFP. Because each of the proposals received is evaluated against selected criteria, a " risk assessment" is conducted. Recommendation No. 6: The County Administrative Office does provide grant writing training that includes compiling budget and fiscal data related to the grant. The training is available to all County departments. Also provided by the County Administrative Office is direct assistance with individual grant proposals. KERN COUNTY ADMINISTRATIVE OFFICE GRANTS RESEARCH UNIT PURPOSE: The Administration and Audit Committee of the 2002- 2003 Kern County Grand Jury visited the Kern County Grant Research Unit ( KCGRU) on February 4, 2003, pursuant to Penal Code Sections 925 and 933c. The Committee met with the County Administrative Officer and the Deputy who presented the mission and goal of the Grants Research Unit. BACKGROUND: The KCGRU is a function under the County Administrative Office established by the Board of Supervisors on November 14, 2000. The primary function of the unit is to improve and/ or maintain services to the public by assisting county departments in securing alternative funding opportunities. One supervisor and two assistants staff the unit. The office assists in identifying grant opportunities, conducts formal training classes in grant writing and research, and assists in grant writing when needed. FINDINGS: The Committee found that KCGRU: • Discovers grant opportunities that have enhanced the county’s ability to provide services which focus first on opportunities that match the county’s existing programs and minimize the use of county general funds. The research is conducted on Internet web sites, publications, and networking. • Assists departments lacking in personnel by preparing grant narratives, statistics, and budgets in the application stage. • Coordinates joint applications of several departments or agencies. This is accomplished by identifying grant opportunities which would involve more than one department. • Keeps an updated file of “ boiler plate” material on the County Intranet to assist in grant writing. Material available consists of local demographics, grant writing tools, budget information, procedures, and links to a myriad of resources. This database is reviewed and updated when needed on a quarterly basis. AA - 34 • Keeps an updated index of Internet grant sites readily available to help departments locate grant opportunities. • Keeps a qualified list of firms and individuals who are qualified grant writers to assist in more complex grant applications. • Conducts scheduled grant writing skills training. This training is available to all county departments, cities, and special districts within the county. Class size of 15 students is maintained for personalized training. KCGRU continually strives to improve there own skills through professional training. • Since its inception KCGRU has assisted in securing over $ 6 million in unanticipated revenue for the County. The unit has prepared or assisted in the preparation of 50 grant proposals. Some of the activities and equipment made possible through grant funding include: 1. Replacement of playground equipment at Buena Vista Aquatic Recreation Area. 2. Software for Human Services Department, Engineering and Survey Services, and the County Administrative Office. 3. Preparation of a military base retention plan for Edwards Air Force Base. 4. Development of a management information system designed to increase access to healthcare for the uninsured. 5. Three vans for the Sheriff’s Citizen Service Unit. 6. Bulletproof vests for the Probation Department, the Sheriff’s Department, and the Parks and Recreation Department. 7. Replacement of Tot Lots at various parks. 8. Cleanup of an illegal dumpsite in the Lost Hills area. COMMENTS: The 2002- 2003 Kern County Grand Jury feels this is an innovative and needed function. Along with researching, writing, and assistance being provided on grant applications, the Grants Research Unit has created a website on the County Intranet that supplies background information, links, budget information, statistics, and grant verbiage to county departments. Another form of assistance being provided by the Grant Research Unit is the grant writers’ pool. This is an informal organization of staff grant writers in several departments that meet quarterly to share ideas, coordinate resources, and grant training. NO RESPONSE REQUIRED AA - 35 MARIACHI FOUNDATION PURPOSE OF INQUIRY: The Administration & Audit Committee of the 2002- 2003 Kern County Grand Jury initiated an investigation based on Penal Code Section 933.6. The investigation was conducted through interviews, review of documents and contracts, and applicable laws and regulations. BACKGROUND: The word Mariachi derives from the French word “ mariage,” dating from the French intervention of 1860 according to popular legend. The Kern County Youth Mariachi Foundation ( KCYMF) was started in 1997 as a grass roots operation and incorporated in California in January 1998 as a non- profit organization. The Mariachi program has evolved into four components: Performing Arts, Academics, Educational Enhancement, and Scholarship Awards. KCYMF provides free services for the youth members in the program. All Kern County youth are encouraged to participate in the program. The key objective is to build and increase the self- esteem of each student. The program involves family members in the success and growth of their children musically and academically. There are three levels of instruction: Beginning, Intermediate, and Performing. A parent advisory council is made up of ten members who assist in coordinating activities and with sponsored events. The Mariachi music is the engine to bring the kids in off the street. FINDINGS: • KCYMF is committed to assisting youth with achieving higher education by awarding academic scholarships. For scholarship consideration members must meet the requirements set forth in the Foundation’s By- laws and Policies and Procedures Handbook. • Students must maintain a cumulative 2.0 grade point average to participate in KCYMF. Free tutoring is offered to students who are having problems with their studies. The program serves students ages 6- 18. KCYMF has a contract goal to enroll 140 students by July 2003. • KCYMF scholarships are offered to students to help defray cost, depending on family income. • Research has shown that the study of music contributes to the overall well being of students including their academic success. AA - 36 • KCYMF after school program have served as a substance abuse, teen pregnancy, and delinquency prevention service for the past four years. After school programs are offered at four central locations that serves seven Kern County cities: McFarland/ Delano Wasco/ Shafter Lamont/ Arvin Bakersfield • KCYMF has zero tolerance for substance abuse. Students will be referred for assistance to the appropriate agency and any abuse immediately reported to the parents. • Transforming Local Communities organization reviewed the KCYMF program and found it operating within the required program guidelines. • KCYMF has a need for more instruments and is searching for additional funding through private donations. • The Kern County Metal Health Department monitors KCYMF. The department does an exceptional job monitoring the program elements, however monitoring of fiscal function is not adequate. For example, KCYMF is by contract required to follow the fiscal requirements of Office of Management and Budget Circular 122 and 133, without any guidelines. COMMENTS: The Audit & Administration Committee attended a Mariachi workshop. The Committee was impressed with the control and behavior of the activity. The professionalism of the instructors was reflected in the student’s performance. KCYMF is a grass roots organization efficiently operated by dedicated people, in particular the interim director. This type of organization needs the support and backing of the community. NO RESPONSE REQUIRED AA - 37 Kern County Board of Supervisors Response to Grand Jury Final Report MARIACHI FOUNDATION Response to Findings: The Board of Supervisors acknowledges the past weaknesses in the Mental Health Department’s contract fiscal monitoring processes and has taken actions to address this issue, including the approval of additional accounting staff. In response to the Board's concerns, the department has implemented a variety of contract oversight processes. The department has regular meetings with service providers to examine and clarify contractual requirements including the type, quantity and quality of services to be provided and the appropriate billing and reporting requirements. Formal, planned financial and qualify reviews are also conducted. The department additionally provides formal and informal training in the areas of service delivery, information technology, finance, cost reporting, and administrative responsibilities. CITIES AND SERVICES COMMITTEE Richard “ Joey” Hernandez – Chairman Kenneth B. Fry James M. McCall CITY OF BAKERSFIELD PURPOSE: The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the City of Bakersfield, “ City of Golden Opportunity”, on March 24, 2003, to investigate and report on the operations, accounts, and records of officers, departments, and functions of the City. BACKGROUND: Bakersfield is Kern’s County Government seat. The City was last incorporated in 1898. The current population is 424,000 in the metropolitan area, making it the second largest city in the San Joaquin Valley. The Committee met with the City Manager, Assistant Finance Director, Office Administrator Public Relations, and the Administrative Assistant. The City’s budget was discussed and reviewed. FINDINGS: Budgetary cuts amounting to sixteen and one- half million dollars are being proposed for the fiscal year 2002- 2003 final budget. The cuts are still preliminary with no definite omission of programs yet decided. Possible layoffs of city workers may include 162 part- time and temporary positions. There are no plans of laying off full- time employees. The new police/ fire station on the west side will be built in two stages. The first part is the police section. This is a transfer station and should be completed next year. The fire section will be going out to bid soon, however, funding may be a little slower. There are no plans of increasing the size of the satellite station in east Bakersfield. This station can be used for public meetings. The City owns/ operates the Bakersfield Airpark. The City obtained an FAA Grant locking into maintaining the Airpark for 20 years. The City has had difficulty in attracting commercial development. Aircraft departures interfere with Meadows Field approach pattern creating safety issues. The City has no full- time employees at the Airpark. The City has hired an independent auditor to deal with the rate increase proposal by the local ambulance provider. The cost will be paid by Hall Ambulance. The auditors have already studied cities ( all in the San Joaquin Valley) of a comparable size to get an idea of current rates and increases. CS - 3 The Aquatic Center in the Centennial Garden area will be a nice addition and attraction. It will consist of two pools, one is of a competition size and the other is a wading pool for kids. An ice rink will be adjacent to this complex. Two local neighborhood pools ( Jefferson and Martin Luther King) will be revamped and brought up to code. The city will close Saunders Park pool due to low attendance and costly repair. One program that may be cut, and of particular interest to the public, is the popular and successful rocking- by- river concert. It has attracted crowds of up to 8,000 people and is free to the public. Businesses and the City have been investing in the downtown area. Chester Avenue was once the premier shopping area. It was once lined with major department stores but now it is mostly specialty shops, restaurants, and nightclubs. There has been a focus toward residential dwellings such as townhouses and apartment living. One local hotel landmark has been gutted and will consist of apartments for those interested in downtown living. Residential housing has been under construction on the site of the old foundry. Two new senior housing projects are in the works. A 180 unit in central Bakersfield will start with groundbreaking ceremonies in April of 2003. An 80 unit project in the Lowell Park area will begin in June, 2003. Bakersfield has had tremendous growth on the west side in the past 30 years. Ninety percent of new construction is within the city limits. One ongoing problem has been the roads in and out of the area are plagued with heavy traffic, congestion and a lack of repair. The City is moving forward in addressing the traffic problem. The West Side Park Way is now in the planning stage pending an environmental impact report to be completed in August 2004. Construction will begin at that time with a secured 22 million dollars from the federal and state government. This highway will begin on Highway 99 and will extend west to Heath Road. Projected completion is due in 2009. A plan to construct a highway in northwest Bakersfield, in the Hageman area, will provide a corridor into the Rosedale area, without having to travel on Rosedale Highway. Another connection, alternative 15, will be the State Route 58 east through Washington Street along the railroad tracks ending near Airport Drive. This will help relieve the 99/ 58- traffic flow. East Bakersfield is finally showing signs of growth and revitalization. The northeast, with its rolling hills is beautiful and is growing steadily. There has been an ongoing debate whether the Mesa Marin area should be developed. Baker Street in Old Town Kern will receive a $ 750,000 federal grant. The projected area will be on Baker Street from Truxtun Avenue north to Niles Street. The City is now working with a developer on a plan that will focus on commercial business. There continues to be a lack of major grocery stores on the east side. Some grocery chains, by policy, will not locate in economically deprived areas. There are many areas on the east side that have supported these chain stores. CS - 4 COMMENTS: The City is making every effort to resolve the ambulance service rate increase proposal. The hiring of an independent auditor will come up with a solution that will be fair and comparable to both the city and the ambulance service. The new Aquatic Center will be a nice addition to the entertainment center in the downtown area. The City is commended on their decision to keep the two east side pools open. The downtown area continues to grow. Although the overall landscape of business has changed, the new direction has brought it back to life. The new construction has made downtown a nice place to live. The plan to alleviate the problem of traffic has finally gotten off the drawing boards. The ongoing construction is very positive and shows the intention of the City to help tackle this problem. The east side will go through changes with development. This area has many problems. There is hope that it will someday come alive, with good and responsible planning, as was done in downtown Bakersfield. Bakersfield has become a great metropolis. The future will be shaped with visionaries and planners who really want to see Bakersfield as a model to other cities. NO RESPONSE REQUIRED CS - 5 CITY OF CALIFORNIA CITY PURPOSE: The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the City of California City, “ Pride of the Desert,” on November 7, 2002, to investigate and report on the operations, accounts, and records of the officers, departments, and functions of the City. BACKGROUND: The unique factor about California City is the vast area it covers. The City covers 204 square miles, being the third largest incorporated City in land area in California and the eleventh in the United States with a population 11,500. Major employers within the City are the Correctional Center, School District, U. S. Borax Mine, China Lake Naval Base, Edwards Air Force Base, and the City. The Committee met with the City Manager, Finance Director/ Assistant City Manager, City Clerk/ Public Information Officer, Police Chief, Fire Chief, Redevelopment/ Economic Development Director, Golf Pro, Treasurer, Human Resources Manager, Mayor, and several Councilmen with each one giving an overview of the City’s growth and progress. The Committee was given a tour of the City. FINDINGS: The City has annexed a twenty- nine square mile area of Kern County land to the south of the City to include Highway 58 and a 7.5 square mile area for the new Hyundai American Technical Center, Inc. In exchange, there was a detachment of an equal size area of unpopulated land back to the county which is adjacent to the Tortoise Preserve. The Hyundai/ Kia test track will be located in a “ no fly” zone to prohibit industrial espionage. This project is in addition to the $ 50 million Honda test facility nearby. Essential to all this is the planned development of several highways and interstate connections. The voters have approved a bond measure for a new high school. Currently students are bussed to Mojave High School where 70% of the students are from California City. The Police Department, with 14 sworn officers, is able to handle the large crowds of visitors who enjoy off- roading and an occasional “ Wave” concert. The department has four quad runners and purchases used police cars from Bakersfield Police Department to cut costs. An armored car company donated an armored car. CS - 6 An agreement between the City and Med Trans Corp. has provided a 2001 Bell 407 Medivac helicopter with a full professional staff which operates from the City Fire Department. The helicopter can be airborne within three minutes. As of December 1, 2002, the California City helicopter is the only Medivac unit serving eastern Kern County as the unit stationed in Mojave has pulled out of service. The Correctional Center holds 2,304 federal inmates for Immigration and Naturalization Services pending their deportation to other countries. Over half of the Center’s employees reside in California City. The City has an extensive outreach program aimed at attracting further economic development by participating in many trade shows. The City employs a grant writer who works with each department. There is an attempt to attract an anchor grocery store and accompanying businesses as 98% of the City residents make retail purchases out of the area. There is a critical need for medical services. There are only three or four doctors in town with no emergency facility. The nearest emergency room facility is in Lancaster which is Los Angeles County. California City must deal with an aging water system. It will cost about $ 40 million to replace the 35 to 50 year old steel pipes that are so cracked that only 40 percent of the water reaches taps and faucets. There are no county services provided within California City. Residents have to travel to Tehachapi or Mojave for county services including Superior Court. COMMENTS: The present City staff and the council members are to be commended for their diligent efforts in managing the City by solving its financial problems, improving services to the residents, and improving economic development. California City will work with the county to bring in county services for the convenience of local residents. NO RESPONSE REQUIRED CS - 7 CITY OF DELANO PURPOSE: The Cities and Services Committee of the 2002- 2003 Kern County Grand Jury visited the City of Delano, “ The Diamond of the Golden Empire,” on October 10, 2002, to investigate and report on the operations, accounts, and records of the officers, departments, and functions of the City. BACKGROUND: The City has a population of 41,000 with about 4,000 - 5,000 being from the state prison population. The largest employers are the North Kern State Prison, Sears Logistic Services, and Paramount Citrus. The Committee met with the Interim City Manager and Interim Director of Community Development. The meeting focused on the City’s growth where expenditures for existing services continue to increase, outpacing the increase in revenues. Capital projects including street improvements, the “ Block H” projects, and future development have been placed on hold due to lack of revenues. FINDINGS: The Delano Regional Medical Center is known throughout California and beyond as an innovative hospital deeply rooted in the local community and committed to an exceptional patient experience. The Center offers a full range of services backed up by highly trained staff using the latest medical technology. The City provides two Senior Citizen Centers funded in part by the Kern County Aging and Adult Services Department. The centers are well maintained and manned with paid staff as well as volunteers. Hot meals are provided for $ 1.50 for seniors and $ 3.50 for others. Homebound seniors receive their meals from a home delivery program. Free transportation is provided to and from the center. Funds collected through bingo games and various fundraisers provide out of town trips for the seniors on a chartered bus. The City appears to be overwhelmed with financial challenges brought about by a slow economy, lack of development, and failure to maintain a high level of services. The City continues to operate in the red with a deficit in the Golf Course fund, Waste Water Treatment Plant System, Airport Fund, Transit Fund, and the Redevelopment Agency Debt Service Fund. Previous Grand Juries have addressed these issues with little progress from the City. CS - 8 COMMENTS: The staff at the Senior Centers is to be commended for providing an excellent program for Delano senior citizens. The City has great potential for growth and development. The City Council must recognize the needs of the people through stronger fiscal management. The City in past years has failed to respond adequately to previous Grand Jury recommendations. RECOMMENDATION: Establish a Fiscal Advisory Board comprised of citizens, civic leaders, and city staff. The board should develop a long- range plan and make recommendations to the council for future development and improvement of existing services. The City has an airport, railroad, and a major freeway that could be utilized |
| PDI.Date | 2003 |
| PDI.Date.Issued | 2003 |
| PDI.Title | Final Report. 2002-2003. |
| OCLC number | 144565677 |
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