Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.
Revisited 2023-2024 Madera County Grand Jury Final Report 2324-06 June 19, 2024*
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 16 findings
Recommendations 16
-
R1The MCGJ recommends that this GCAC continue its monthly oversight of MMGC.
-
R2The MCGJ recommends that the City create an Inventory list of property and fixtures it owns at the golf course of the publication of this report.
-
R3The MCGJ recommends that SGM continue to provide the mandatory annual USGA advisory reports.
-
R4The MCGJ recommends that the City have the PCS physically inspect and provide a written report to the City Council on each observation noted in the 96-page ADA Consultant's MMGC report of receipt of this report.
-
R5The MCGJ recommends that the City assign a person or department responsible for following up on all contracts to determine contractual performance and to enforce violations of required performance of receipt of this report.
-
R6The MCGJ recommends that the City enact written procedures for reviewing and processing Business license applications of this report.
-
R7The MCGJ recommends that the City correct the omission and take action to either enforce this Lease requirement or delete the requirement
-
R8The MCGJ recommends that the City require proof of the identity of the tenants and /or subtenants operating the kitchen and the bar and obtain a copy of the ABC liquor license within seven days.
-
R9The MCGJ recommends that the City seek the maximum fines and penalties against GROUP within seven days of publication of this report. R 10. The MCGJ recommends that the City enforce the maintenance provisions in Lease Section 16 to require SGM to pay for all deferred maintenance. R 11. The MCGJ recommends that the City enact adequate tracking systems to ensure that businesses are paying taxes to the City from the publication of this report. R 12. The MCGJ recommends that the City complete negotiations and memorialize the product of the negotiations into one modern consolidated Lease from the publication of this report. R 13. The MCGJ recommends that the City recognize that SGM has represented its subtenant as Smokehouse and commence all appropriate actions to determine and correct the subtenant's true identity of the kitchen/dining and bar operator(s) of the publication of this report. R 14. The MCGJ recommends that the City investigate this subtenant discrepancy and take appropriate action of the publication of this report. R 15. The MCGJ recommends that the City and SGM take action to correct these violations and complete the required work to avoid serious potential liability of the publication of this report. R 16. The MCGJ recommends that the City enforce timely maintenance at the MMGC immediately. Report Respondents Pursuant to Penal Code sections 933 and 933.05, the Madera County Grand Jury requests that the statutory required responses be delivered within the deadlines in both written form and PDF to the following: Superior Court of Madera County 200 South G Street Madera, CA 93637 Required Responses: Pursuant to Penal Code sections 933 and 933.05, the MCGJ requests responses as follows; From the following elected county officials : Madera City Council Madera City Hall 205 West 4th Street Madera, CA 93637 Mayor of the City of Madera Madera City Hall 205 West 4th Street Madera, CA 93637 Madera County District Attorney 300 South G Street Madera, CA 93637 Invited Responses: Pursuant to Penal Code sections 933 and 933.05, the Madera County Grand Jury invites responses from the following : California Attorney General 1300 I Street Ste 1142 Sacramento, CA 95814 Alcoholic Beverage Control 1330 E. Shaw Avenue Ste or Building B Fresno. CA 93710 City of Madera City Manager Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Director of Parks and Community Services John W. Wells Youth Center 701 East 5th Street Madera, CA 93638 City of Madera Finance Department Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Police Chief 330 C Street Madera, CA 93637 City of Madera Planning Department Madera City Hall 205 West 4th Street Madera, Ca 93637 City of Madera Code Enforcement 330 C Street Madera, CA 93637 City of Madera ADA Advisory Council Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Golf Course Advisory Committee Madera City Hall 205 West 4th Street Madera, CA 93637 Note: This report was prepared using current information available on the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.
-
R10The MCGJ recommends that the City enforce the maintenance provisions in Lease Section 16 to require SGM to pay for all deferred maintenance.
-
R11The MCGJ recommends that the City enact adequate tracking systems to ensure that businesses are paying taxes to the City from the publication of this report.
-
R12The MCGJ recommends that the City complete negotiations and memorialize the product of the negotiations into one modern consolidated Lease from the publication of this report.
-
R13The MCGJ recommends that the City recognize that SGM has represented its subtenant as Smokehouse and commence all appropriate actions to determine and correct the subtenant's true identity of the kitchen/dining and bar operator(s) of the publication of this report.
-
R14The MCGJ recommends that the City investigate this subtenant discrepancy and take appropriate action of the publication of this report.
-
R15The MCGJ recommends that the City and SGM take action to correct these violations and complete the required work to avoid serious potential liability of the publication of this report.
-
R16The MCGJ recommends that the City enforce timely maintenance at the MMGC immediately. Report Respondents Pursuant to Penal Code sections 933 and 933.05, the Madera County Grand Jury requests that the statutory required responses be delivered within the deadlines in both written form and PDF to the following: Superior Court of Madera County 200 South G Street Madera, CA 93637 Required Responses: Pursuant to Penal Code sections 933 and 933.05, the MCGJ requests responses as follows; From the following elected county officials : Madera City Council Madera City Hall 205 West 4th Street Madera, CA 93637 Mayor of the City of Madera Madera City Hall 205 West 4th Street Madera, CA 93637 Madera County District Attorney 300 South G Street Madera, CA 93637 Invited Responses: Pursuant to Penal Code sections 933 and 933.05, the Madera County Grand Jury invites responses from the following : California Attorney General 1300 I Street Ste 1142 Sacramento, CA 95814 Alcoholic Beverage Control 1330 E. Shaw Avenue Ste or Building B Fresno. CA 93710 City of Madera City Manager Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Director of Parks and Community Services John W. Wells Youth Center 701 East 5th Street Madera, CA 93638 City of Madera Finance Department Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Police Chief 330 C Street Madera, CA 93637 City of Madera Planning Department Madera City Hall 205 West 4th Street Madera, Ca 93637 City of Madera Code Enforcement 330 C Street Madera, CA 93637 City of Madera ADA Advisory Council Madera City Hall 205 West 4th Street Madera, CA 93637 City of Madera Golf Course Advisory Committee Madera City Hall 205 West 4th Street Madera, CA 93637 Note: This report was prepared using current information available on the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.
Conclusions 1
-
CL1TheCityenteredtheLease withSGM 14yearsagoin 2009.TheLeaseallowed SGM to operatethepublic MMGC andfacilities efficientlyandmaintain theentire propertyin good conditionfor public use.In 2024boththe CityandSGM recognizedthat the propertyhas seriously deferredmaintenanceissues.This andADAcompliance havecreated afinancialcrisis for MMGC. Although theCityLease allowsSGM tosubletthe premises,andin2023SGM subletthe kitchen,bar,andbanquet room,the Cityhasfailed toinvestigateSGM’ssubtenant.Notonly has theCityfailedto inquireaboutthis subtenant,butthe Cityhasalso failed tocheck withtheABC to identify thebusinessentity operatingthe MMGCbar. HadtheCitycheckedthe ABC website it might havequestionedwhy SGM hasnotbeen able tosellits liquor licensetothe subtenant after theone-yearescrow. TheABC websiteshowsthat onFebruary29,2024,theBoard of Equalization(BOE) placed aholdonthe SGM-GROUPliquor license escrow. However,the SGM liquor licensewastransferred toGROUP inlateApril 2024.Theinformationpresented in this MCGJreport shouldtriggera Cityinquiry aboutthe insurancecoverage on thesubtenant’s activities andlegalityof operatingthe Citybar. Thevery laxability ofthe Citytoconnecttheseandotherobvious factshas becomethe major focusof thisMCGJinvestigationand report.Forexample, theABC records availableon its websiteshowthatGROUPis SGM’ssubtenantoperating theMMGC bar.TheABC notice posted onMarch9,2023,has beentaped tothe MMGCdining room doorfor over oneyear. The Cityhashosted itsEmployee Breakfast inthebuilding andhas apparently ignoredthisnotice. TheSOS confirms thatGROUP hasavalid registration asan LLC asof November11,2022.The Cityhasnowritten policy tocheck theregistration ofbusinesses seekingaCitybusiness license and hasregisteredSmokehouseas threedifferenttypes ofbusiness entities. Thealleged Smokehousebusinessoperating under Citybusinesslicenses since2018, cannot befound in anyothergovernment records.TheCityrecords showinconsistenttypes of businesses for Smokehouse whichcannot beverifiedfromanyothersources. TheCityhasmanyblind spotsthat it mustaddress tomonitorthe servicesandpublic properties underits trust.TheCitymust getserious tocreate asystemof accountabilitywith written procedurestoenforceviolations ofthe Cityordinances. Asstewardsof theCity, theCity Administration hastheresponsibility toprotect andmaintainthe public’sassets ingood condition.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.