Madera County Grand Jury • 2008-2009

2008-2009 Final Report

Published: May 26, 2009 224 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Note: Missing finding numbers detected: F9, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, 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Findings and Recommendations 10 findings

“Water and drainage problems in Madera County required countywide water resources, control of drainage, storm flood and other waters.” 2. “It is necessary to have a political entity co-extensive with the geographical limits of the entire County.” 3. “Madera County’s water situation is unique and general law cannot be made applicable to it.” 4. “The Act of creating the Agency is necessary for the conservation, development and control of Madera County water for public good and protection of life and property.” The Legislature recognized that the newly created Agency’s Board of Directors are the same individuals also serving as members of the BOS. Although the Legislature intended that the Agency and the BOS be separate governing bodies with different powers, the BOS is expressly authorized by the Legislature to: 61 “Adopt reasonable rules and regulations to facilitate the exercise of the broad powers given to the Agency.” In 2005, Madera County Counsel (Counsel) prepared a report titled: STATE OF THE AGENCY. In this report Counsel offers an opinion that the Grand Jury shares: “Statutory powers given to the Agency are police powers protecting public health and welfare by helping to ensure a steady water supply for land owners and residents while protecting against floods.” And further that these powers: “cannot be forfeited, waived, bartered or contracted away to others, including Water Agencies within the County.” Counsel’s report disclosed that the Agency has been “dormant” and that the BOS has “chosen” not to exercise the broad powers given them under the enabling legislation. Three agreements have been made which further define the County’s and/or Agency’s responsibility for maintaining the Target Area Waterways:

Related Recommendations (1)

“Water and drainage problems in Madera County required countywide water resources, control of drainage, storm flood and other waters.”

The 1970 Agreement with the California Reclamation Board. This agreement activated the Agency as it accepted responsibility for maintaining the Chowchilla River Channel from Buchanan Dam to the Bifurcation Structure owned and operated by CWD. This agreement also included the Agency’s acceptance for maintaining the waterways from the Bifurcation Structure to the Eastside-Bypass located in Western Madera County.

Related Recommendations (1)

“It is necessary to have a political entity co-extensive with the geographical limits of the entire County.”

The 1977 Agreement says, CWD owns, operates and agrees to do minor maintenance on the newly built Bifurcation Structure. This is to be accomplished using personnel and equipment they normally have available. The Agency agrees to the long term maintenance including “cleaning of the waterways” consistent with maintenance responsibilities for those waterways above and below the Bifurcation Structure. As a result of the lack of maintenance of these Waterways, and the new Federal Emergency Management Agency (FEMA) flood maps taking affect soon, many county residents are about to find themselves living in a designated flood plain for the first time. In a letter dated April 4, 2007, the former California Reclamation Board and now the Central Valley Flood Protection Board (CVFPB) sent a letter to the County recognizing the Agency as the Local Maintenance Authority for the Chowchilla 62 River, Ash and Berenda Slough Project Channels. The letter stated the Army Corps of Engineers (USACE) inspected the Target Area Waterways and rated them “UNACCEPTABLE”. This was an interim designation during which time the County had until August 15, 2007, to produce a “CORRECTIVE ACTION PLAN.” The County had until March 28, 2008 to implement it. This did not happen! USACE consequently declared the Target Waterways “INACTIVE”. This new Waterway designation means they no longer qualify for FEMA assistance under Public Law 84-99. While FEMA would still be expected to provide some emergency assistance during a declared emergency, a letter dated July 27, 2007, from DOE to the BOS regarding Public Law 84-99 assistance stated: “…this FEMA assistance includes disaster preparedness, advance measures, emergency operations (disaster response and post flood response) rehabilitation of flood control works threatened or destroyed by flood, emergency dredging and flood related rescue operations. In addition, the flood hazard area adjacent to the levees may be rezoned by FEMA to a higher risk category.” A letter dated February 11, 2009, from the DOE to the Agency’s Water Advisory Commission stated: “The CVFPB sent a letter to the Agency formally notifying it that the Target Waterways have been placed in “INACTIVE” status by USACE. These waterways are no longer eligible for Public Law 84-99 assistance. We are still waiting for the additional ramifications such as changes in the flood mapping.” CONCLUSION: The Grand Jury concludes the BOS should take immediate and aggressive action in directing the Agency to recognize their responsibilities to the provisions as outlined by the Legislature. This investigation continues the belief of past Grand Jury reports that flood control efforts have been wasteful and generally lacking. However, interviews with Madera County officials, statements made by the Madera County Water Advisory Commission and phone conversations with the Supervising Engineer for the CVFPB have us believing the County is taking their responsibility for this area and these waterways more seriously. We especially appreciate our candid conversation with the Resource Management Agency Director and his positive attitude. We believe the continued development of the County’s Workflow Management System (2007-2008 Grand Jury Report on POSSE) can possibly have the Target Area Waterways “REACTIVATED” in the future.

Related Recommendations (1)

“Madera County’s water situation is unique and general law cannot be made applicable to it.”

In the context of this investigation, Madera County has no responsibility for Pine Hill Lane other than issuance and enforcement of State Form 850.

Related Recommendations (1)

“The Act of creating the Agency is necessary for the conservation, development and control of Madera County water for public good and protection of life and property.” The Legislature recognized that the newly created Agency’s Board of Directors are the same individuals also serving as members of the BOS. Although the Legislature intended that the Agency and the BOS be separate governing bodies with different powers, the BOS is expressly authorized by the Legislature to: 61 “Adopt reasonable rules and regulations to facilitate the exercise of the broad powers given to the Agency.” In 2005, Madera County Counsel (Counsel) prepared a report titled: STATE OF THE AGENCY. In this report Counsel offers an opinion that the Grand Jury shares: “Statutory powers given to the Agency are police powers protecting public health and welfare by helping to ensure a steady water supply for land owners and residents while protecting against floods.” And further that these powers: “cannot be forfeited, waived, bartered or contracted away to others, including Water Agencies within the County.” Counsel’s report disclosed that the Agency has been “dormant” and that the BOS has “chosen” not to exercise the broad powers given them under the enabling legislation. Three agreements have been made which further define the County’s and/or Agency’s responsibility for maintaining the Target Area Waterways:

In accordance with Health and Safety Code 1566.3, the drug and rehabilitation facility must be treated the same as any other residential unit as long as it meets the requirements of all applicable state and county regulations. 99

Related Recommendations (1)

In 1989, the county should not have approved the Teaford Meadows subdivision map submitted by the developer because there was no access to certain properties except via a fire access road.

Related Recommendations (1)

In 1989, the county should not have approved the Teaford Meadows subdivision map submitted by the developer because there was no access to certain properties except via a fire access road.

Current county staff appears to have made a concerted effort to assist the residents of Pine Hill Lane in addressing the problems resulting from the improper use and designation of the fire access road since the subdivision map was approved in 1989. The county’s actions included permitting residents to use the fire access road for access to and from their properties beginning in 1989. Additionally, in 1998, the county approved the road name application submitted by a resident which provided a name (Pine Hill Lane) for the road and enabled a Pine Hill Lane address to be issued for the lots which are accessible only from the fire easement road. The street address of the lots was originally on a different street (Ridge Top Drive).

Related Recommendations (1)

The Fire Release Form which the county issued for the drug rehabilitation facility located on Pine Hill Lane provides a list of minimum conditions that the road must meet in order to be deemed sufficiently safe for a residential care facility to be located on it. It did not nor was it intended for it to address the ills of Pine Hill Lane that have existed since the original subdivision map was approved. RECOMMENDATIONS: • Madera County should work with the State of California to establish more stringent safety requirements for residential care facilities in wild fire areas than currently exist for single family residences. • Pine Hill Lane is a fire road easement. Fire fighting equipment should have access to and from properties on Pine Hill Lane from either direction. All non Cal-Fire approved gates and chains on the fire easement road should be removed in accordance with the fire release (State Form 850). • Madera County should conduct an annual inspection to insure that conditions specified in State Form 850 are met. • All residents of Pine Hill Lane should have an emergency evacuation plan in place. RESPONDENTS: Resource Management Agency 2037 W. Cleveland Ave Madera, CA 93637 Madera County Fire Marshal’s Office 2037 W. Cleveland Ave Madera, CA 93637 Madera County Counsel 200 W. 4th Street Madera, CA 93637 Madera County Board of Supervisors 200 W. 4th Street Madera, CA 93637 101 102 103 104 105 106 107 108 109 110 111 This Page Intentionally Left Blank 112 MADERA, CA 93639 559-662-0964 113 2008/2009 MADERA COUNTY GRAND JURY FINAL REPORT RONALD REAGAN ELEMENTARY SCHOOL INTRODUCTION: On September 30, 2008, the Madera County Grand Jury visited the campus of the Ronald Reagan Elementary School located at 2200 S. Lake Tahoe Drive, Chowchilla, California to observe the facilities, interview the principal and conduct an investigation pursuant to the provisions of Section 925 of the California Penal Code. As the Grand Jury entered the premises we were greeted by an office assistant, and were requested to sign in and received a red visitor’s pass. A few moments later, we were greeted by the principal and were escorted into the library for our interview.

F1996 Page 1

He has been off parole since 2004. He claims he has no knowledge of the investigative firm, hired by the Chowchilla Police Department, wanting to interview him. The investigative firm found that the allegations of unlawfully entering and searching the residence without a search warrant were found to have insufficient evidence to sustain the complaint. The investigative firm found that the allegations of unnecessary and excessive force in the police lobby were found to have insufficient evidence to sustain the complaint. CONCLUSIONS: In regard to the citizen’s complaint of unlawful entry and search of the complainant’s residence, the Madera County Grand Jury finds that there was due cause for search and entry based on information given to the police department regarding son #2 and the history of the brothers. Son # 1, home at the time, implied consent for officers to enter the home by stepping back after they knocked on the door to search the residence. The actions of the police officers, regarding the altercation, were found to be within the guide lines provided by law.

Related Recommendations (1)

R1996

F1999 Page 1

FINDINGS: The Director has served in this position since November, 2007. His previous experience includes 30 years with the Parks and Recreation Departments in the states of Michigan and Colorado. The City Administrator has held her position since 1995 with the City of Chowchilla and prior experience has included serving as Director of Parks and Recreation. Facilities within the Department’s jurisdiction include Veteran’s Memorial Park which offers a well maintained playground area, a pavilion to accommodate group functions, lawn picnic areas and restroom facilities. Monuments to honor veterans of war are located within the park. Other park facilities include the softball diamonds and little league park located across from the City Administration Building. Programs that the Parks and Recreation Department are involved with include Dower Aquatic, Kiddie Kollege Pre-School, the Senior Citizen Center, Berenda Reservoir and the Chowchilla Area Transit Express (CATX). Dower Aquatic pool is located on the Chowchilla Union High School campus. Through joint powers, the Parks and Recreation Department has responsibility for managing and operating the programs during the summer months while the high school takes the responsibility during the school year. The sports gym located on the grounds of Wilson Middle School is leased by the City of Chowchilla and is owned by the school district. Parks and Recreation assists with various programs and community activities located in the gym. The Senior Citizen Center building is owned by the City of Chowchilla, and the programs are funded mainly by grants. Seniors aged 60 and older, with no residency requirements, may participate in the calendar events at the center. Berenda Reservoir has been used for drag boat racing and other water recreational activities. Due to drought conditions and poor economy, the Berenda Reservoir may not be utilized this year for special events. Maintenance of Berenda Reservoir is still 34 required and is provided by the Chowchilla Parks and Recreation Department. Service clubs of Chowchilla have been key partners to successful events planned with the Chowchilla Parks and Recreation Department at Berenda Reservoir. The CATX transportation system is replacing the two utilized buses from diesel to gasoline. The buses are currently being retrofitted for proper emissions compliance. One transportation van is being retrofitted at this time for introduction into service, which will also serve as an economic alternative to the buses. The Director expressed a strong desire to have the Department focus on activities for entire family participation. Future planning includes the City of Chowchilla purchasing the old library and opening a youth center there. As budget cuts may be necessary, it was expressed that public safety is always a priority and no budget cuts are anticipated. CONCLUSIONS: Grand Jury members found the Chowchilla City Administrator and the Chowchilla Director of Parks and Recreation to be very focused and positive in these difficult economic times. Future goals are being reviewed, and cost analysis is a consideration for achieving these goals. There is an optimistic but realistic atmosphere present within the department to help secure a positive quality of family life in Chowchilla. RECOMMENDATONS: None RESPONSES: Chowchilla Parks and Recreation Department - Director 130 South Second Street Chowchilla, Ca. 93610 City of Chowchilla - City Administrator 130 South Second Street Chowchilla, Ca. 93610 INFORMATION: (No response required) Madera County Board of Supervisors 200 W. 4th Street Madera, Ca. 93610 35 This Page Intentionally Left Blank 36 MADERA,CA 93639 559-662-0964 CHOWCHILLA-MADERA COUNTY FAIR INTRODUCTION: The Grand Jury investigated the Chowchilla-Madera County Fair (the Fair) located in Chowchilla, California. The Fair has not been investigated by the Grand Jury since

Related Recommendations (1)

R1999

FINDINGS: The Director has served in this position since November, 2007. His previous experience includes 30 years with the Parks and Recreation Departments in the states of Michigan and Colorado. The City Administrator has held her position since 1995 with the City of Chowchilla and prior experience has included serving as Director of Parks and Recreation. Facilities within the Department’s jurisdiction include Veteran’s Memorial Park which offers a well maintained playground area, a pavilion to accommodate group functions, lawn picnic areas and restroom facilities. Monuments to honor veterans of war are located within the park. Other park facilities include the softball diamonds and little league park located across from the City Administration Building. Programs that the Parks and Recreation Department are involved with include Dower Aquatic, Kiddie Kollege Pre-School, the Senior Citizen Center, Berenda Reservoir and the Chowchilla Area Transit Express (CATX). Dower Aquatic pool is located on the Chowchilla Union High School campus. Through joint powers, the Parks and Recreation Department has responsibility for managing and operating the programs during the summer months while the high school takes the responsibility during the school year. The sports gym located on the grounds of Wilson Middle School is leased by the City of Chowchilla and is owned by the school district. Parks and Recreation assists with various programs and community activities located in the gym. The Senior Citizen Center building is owned by the City of Chowchilla, and the programs are funded mainly by grants. Seniors aged 60 and older, with no residency requirements, may participate in the calendar events at the center. Berenda Reservoir has been used for drag boat racing and other water recreational activities. Due to drought conditions and poor economy, the Berenda Reservoir may not be utilized this year for special events. Maintenance of Berenda Reservoir is still 34 required and is provided by the Chowchilla Parks and Recreation Department. Service clubs of Chowchilla have been key partners to successful events planned with the Chowchilla Parks and Recreation Department at Berenda Reservoir. The CATX transportation system is replacing the two utilized buses from diesel to gasoline. The buses are currently being retrofitted for proper emissions compliance. One transportation van is being retrofitted at this time for introduction into service, which will also serve as an economic alternative to the buses. The Director expressed a strong desire to have the Department focus on activities for entire family participation. Future planning includes the City of Chowchilla purchasing the old library and opening a youth center there. As budget cuts may be necessary, it was expressed that public safety is always a priority and no budget cuts are anticipated. CONCLUSIONS: Grand Jury members found the Chowchilla City Administrator and the Chowchilla Director of Parks and Recreation to be very focused and positive in these difficult economic times. Future goals are being reviewed, and cost analysis is a consideration for achieving these goals. There is an optimistic but realistic atmosphere present within the department to help secure a positive quality of family life in Chowchilla. RECOMMENDATONS: None RESPONSES: Chowchilla Parks and Recreation Department - Director 130 South Second Street Chowchilla, Ca. 93610 City of Chowchilla - City Administrator 130 South Second Street Chowchilla, Ca. 93610 INFORMATION: (No response required) Madera County Board of Supervisors 200 W. 4th Street Madera, Ca. 93610 35 This Page Intentionally Left Blank 36 MADERA,CA 93639 559-662-0964 37 2008-2009 MADERA COUNTY GRAND JURY FINAL REPORT CHOWCHILLA-MADERA COUNTY FAIR INTRODUCTION: The Grand Jury investigated the Chowchilla-Madera County Fair (the Fair) located in Chowchilla, California. The Fair has not been investigated by the Grand Jury since

Conclusions 27

CL1 Page 1

The schools staff consists of a principal, twenty-two teachers and twenty classified personnel. At this time 420 third and fourth grade students are enrolled. In the future, other grades will be accommodated. All visitors must enter from the parking lot through one gate that guides them to the school office for signing in where they receive a red visitors pass that must be worn at all times during their visit. At the end of the visit, the badges must be returned and the individual must sign out before they leave the campus. Students are bussed to school or are brought by their parents or guardian. At the end of the school day a staff member walks the children to a dismissal site for pickup by bus, parent or guardian. If a student needs to leave the campus early, they too will be accompanied to the pickup site. The campus consists of fifteen acres and there is sufficient room to expand. The school is located approximately one-quarter mile north of Robertson Blvd., a main artery in the area. The school has been designed with full awareness for students and faculty safety. Large windows in the principal’s office as well as the school office offer a one hundred eighty degree view of the entire fenced in campus. An elaborate computer operated camera system records all activities and can be operated manually for observation of a particular area of the campus. A new building is presently under construction to accommodate special education students. The Grand Jury learned that books have been purchased for the library using a grant from the Chukchansi Casino in the amount of $63,000.00. 114 Safety is a priority. Safety instructions are given to staff members and students in an ongoing basis from a constantly revised safety manual. Fire drills are held on a regular basis as per Fire Safety Site Plan and Manuals and response time is recorded for each drill. A Community Resources Officer is assigned to the school from the Chowchilla Police Department. Response time for the police department is checked on a regular basis. Teachers and students are shown site locations that afford safety in emergencies. CONCLUSION: The Grand Jury has concluded that the Ronald Reagan Elementary School is a great model for future Madera County Schools, as well as school modifications and up-grades.
CL2 Page 1

The DOTAD inspector found only three very minor maintenance items to correct.
CL3

“Water and drainage problems in Madera County required countywide water resources, control of drainage, storm flood and other waters.” 2. “It is necessary to have a political entity co-extensive with the geographical limits of the entire County.” 3. “Madera County’s water situation is unique and general law cannot be made applicable to it.” 4. “The Act of creating the Agency is necessary for the conservation, development and control of Madera County water for public good and protection of life and property.” The Legislature recognized that the newly created Agency’s Board of Directors are the same individuals also serving as members of the BOS. Although the Legislature intended that the Agency and the BOS be separate governing bodies with different powers, the BOS is expressly authorized by the Legislature to: 61 “Adopt reasonable rules and regulations to facilitate the exercise of the broad powers given to the Agency.” In 2005, Madera County Counsel (Counsel) prepared a report titled: STATE OF THE AGENCY. In this report Counsel offers an opinion that the Grand Jury shares: “Statutory powers given to the Agency are police powers protecting public health and welfare by helping to ensure a steady water supply for land owners and residents while protecting against floods.” And further that these powers: “cannot be forfeited, waived, bartered or contracted away to others, including Water Agencies within the County.” Counsel’s report disclosed that the Agency has been “dormant” and that the BOS has “chosen” not to exercise the broad powers given them under the enabling legislation. Three agreements have been made which further define the County’s and/or Agency’s responsibility for maintaining the Target Area Waterways:
CL4

The 1970 Agreement with the California Reclamation Board. This agreement activated the Agency as it accepted responsibility for maintaining the Chowchilla River Channel from Buchanan Dam to the Bifurcation Structure owned and operated by CWD. This agreement also included the Agency’s acceptance for maintaining the waterways from the Bifurcation Structure to the Eastside-Bypass located in Western Madera County.
CL5

The 1977 Agreement says, CWD owns, operates and agrees to do minor maintenance on the newly built Bifurcation Structure. This is to be accomplished using personnel and equipment they normally have available. The Agency agrees to the long term maintenance including “cleaning of the waterways” consistent with maintenance responsibilities for those waterways above and below the Bifurcation Structure. As a result of the lack of maintenance of these Waterways, and the new Federal Emergency Management Agency (FEMA) flood maps taking affect soon, many county residents are about to find themselves living in a designated flood plain for the first time. In a letter dated April 4, 2007, the former California Reclamation Board and now the Central Valley Flood Protection Board (CVFPB) sent a letter to the County recognizing the Agency as the Local Maintenance Authority for the Chowchilla 62 River, Ash and Berenda Slough Project Channels. The letter stated the Army Corps of Engineers (USACE) inspected the Target Area Waterways and rated them “UNACCEPTABLE”. This was an interim designation during which time the County had until August 15, 2007, to produce a “CORRECTIVE ACTION PLAN.” The County had until March 28, 2008 to implement it. This did not happen! USACE consequently declared the Target Waterways “INACTIVE”. This new Waterway designation means they no longer qualify for FEMA assistance under Public Law 84-99. While FEMA would still be expected to provide some emergency assistance during a declared emergency, a letter dated July 27, 2007, from DOE to the BOS regarding Public Law 84-99 assistance stated: “…this FEMA assistance includes disaster preparedness, advance measures, emergency operations (disaster response and post flood response) rehabilitation of flood control works threatened or destroyed by flood, emergency dredging and flood related rescue operations. In addition, the flood hazard area adjacent to the levees may be rezoned by FEMA to a higher risk category.” A letter dated February 11, 2009, from the DOE to the Agency’s Water Advisory Commission stated: “The CVFPB sent a letter to the Agency formally notifying it that the Target Waterways have been placed in “INACTIVE” status by USACE. These waterways are no longer eligible for Public Law 84-99 assistance. We are still waiting for the additional ramifications such as changes in the flood mapping.” CONCLUSION: The Grand Jury concludes the BOS should take immediate and aggressive action in directing the Agency to recognize their responsibilities to the provisions as outlined by the Legislature. This investigation continues the belief of past Grand Jury reports that flood control efforts have been wasteful and generally lacking. However, interviews with Madera County officials, statements made by the Madera County Water Advisory Commission and phone conversations with the Supervising Engineer for the CVFPB have us believing the County is taking their responsibility for this area and these waterways more seriously. 63 We especially appreciate our candid conversation with the Resource Management Agency Director and his positive attitude. We believe the continued development of the County’s Workflow Management System (2007-2008 Grand Jury Report on POSSE) can possibly have the Target Area Waterways “REACTIVATED” in the future.
CL6

In the context of this investigation, Madera County has no responsibility for Pine Hill Lane other than issuance and enforcement of State Form 850.
CL7

In accordance with Health and Safety Code 1566.3, the drug and rehabilitation facility must be treated the same as any other residential unit as long as it meets the requirements of all applicable state and county regulations. 99
CL8

In 1989, the county should not have approved the Teaford Meadows subdivision map submitted by the developer because there was no access to certain properties except via a fire access road.
CL9

Current county staff appears to have made a concerted effort to assist the residents of Pine Hill Lane in addressing the problems resulting from the improper use and designation of the fire access road since the subdivision map was approved in 1989. The county’s actions included permitting residents to use the fire access road for access to and from their properties beginning in 1989. Additionally, in 1998, the county approved the road name application submitted by a resident which provided a name (Pine Hill Lane) for the road and enabled a Pine Hill Lane address to be issued for the lots which are accessible only from the fire easement road. The street address of the lots was originally on a different street (Ridge Top Drive).
CL10

The Fire Release Form which the county issued for the drug rehabilitation facility located on Pine Hill Lane provides a list of minimum conditions that the road must meet in order to be deemed sufficiently safe for a residential care facility to be located on it. It did not nor was it intended for it to address the ills of Pine Hill Lane that have existed since the original subdivision map was approved.
CL11

Pine Hill Lane is unsafe in its present condition.
CL12

PRC 4290 does not apply.
CL13

All county departments and officials named in the complaint acted appropriately and properly.
CL14

Madera County Board of Supervisors
CL15

National Parks Service Four voting members are elected from the general membership to represent the following four areas:
CL16

Hotel/motel industry (more than 20 rooms)
CL17

Food and wine industry (table service establishment for food)
CL18

Tourism attractions (activities or transportation)
CL19

Cultural arts (visual or performing) The remaining three voting members are elected at large from the general membership. Bureau membership is open to any business, organization or individual who supports the purpose of the Bureau. The annual membership fee is set at four different levels (depending on premiums) and makes up a small portion of the Bureau’s annual budget. Currently there are 135 members of the Bureau. The 123 total budget for the Bureau is approximately $350,000.00 and is composed of membership fees, grants, and Madera County General Fund monies. Compared to other similar counties this is not an abundant amount of funding. For example, the Mariposa County Tourism Bureau budget approximates 1.5 million dollars and Placer Valley’s budget is $650,000.00 dollars. The Bureau’s staffing of three full time employees and the costs for operations and administration are in line with other similar counties with similar budgets. The Bureau markets Madera County tourism opportunities through a comprehensive website, various trade shows, magazine advertising, visitor guide, newsletter, and tourism alliances with other chambers and organizations. The current director, who started on August1, 2008, was very knowledgeable and experienced in the tourism business. He has started many improvements including updating the website and exploring the development of a Business Improvement District (BID) to increase the revenue to the Bureau. A BID is a popular funding mechanism used by many other tourism bureaus to provide a dependable revenue stream for tourism marketing. CONCLUSION: The Grand Jury found the Yosemite Sierra Visitors Bureau to be doing a commendable job with the limited resources they have available to them. The Visitor’s Center itself, although small, was a very pleasant place and well equipped with tourist and visitors information. The new Executive Director has made strides in operational improvements. The Grand Jury concludes that fiscal oversight by the County is adequate but could be improved by the County and City Board members having voting status on the Board of Directors. Having compared other bureau budgets, the Grand Jury concludes that whenever possible an increase in the Bureau’s budget could prove to return many fold an increase in tourism and income to the General Fund through the Transient Occupancy Tax .There is great potential for increased tourism in Madera County but the County has to be marketed in order to realize these potential increases. 124
CL20

The Bureau’s Board of Directors should explore and evaluate the benefits of extending voting status to all 12 members of the Board of Directors or at least those representing Madera County, the City of Madera, and the City of Chowchilla.
CL21

The Board and the Executive Director should continue to explore the benefits of a Business Improvement District and initiate as soon as feasible steps to form a BID.
CL22

The Madera County Board of Supervisors should increase their budget allocation to the Bureau when feasible. These additional funds should be available if and when an increase in Madera County’s Transient Occupancy Tax is approved. RESPONDENTS: Yosemite Sierra Visitor’s Bureau Executive Director 41969 Highway 41 Oakhurst, CA 93644 Yosemite Sierra Visitor’s Bureau Board of Directors 41969 Highway 41 Oakhurst, CA 93644 Madera County Board of Supervisors 200 West 4th Street Madera, CA 93637 City of Chowchilla Attn: City Council 130 So Second – Civic Center Plaza Chowchilla, CA 93610 City of Madera Attn: City Council 205 West 4th Street Madera, CA 93637 125 126 This Page Intentionally Left Blank 127 MADERA COUNTY GRAND JURY 2008-2009 FINAL REPORT YOSEMMITE UNIFIED SCHOOL DISTRICT Investigated by the Schools Committee P.O. BOX 534 MADERA, CA 93639 559-662-0964 128 2008/2009 MADERA COUNTY GRAND JURY FINAL REPORT Yosemite Unified School District INTRODUCTION: A complaint was received by the Madera County Grand Jury regarding numerous actions and policies of the Superintendent of Yosemite Unified School District (YUSD). As the investigation progressed, additional complaints were brought to the Grand Jury’s attention. FINDINGS: It was found that the Superintendent of YUSD had an attendance problem at Foothill High, a school under his jurisdiction. To remedy the loss of funding based on average daily attendance (ADA) at Foothill High, he instructed staff to move 10 students from Evergreen School to Foothill High School. The ADA funding at Foothill High School is significantly higher than at Evergreen School. This move was done on paper only, falsifying attendance records. None of the students transferred ever physically attended Foothill High School. The parents of these students were asked to approve this action, and they were informed that a physical move was not required. Two of the students involved in the transfer would have lost eligibility for Federal PELL grants if they had been transferred. These two students were left at Evergreen, and two other students were transferred in their place. These students were also moved on paper only. The teachers who questioned this action, and spoke up for the rights of the students involved, were themselves transferred to Foothill High School against their wishes. This action proved to be the standard method of operation for the Superintendent of YUSD. February 6, 2007, the YUSD Board of Trustees approved the purchase of property located in Coarsegold. The purchase price was listed at $329,000.00 with the seller donating back $30,000.00 making the approximate purchase cost $299,000.00. (See exhibits #1) This property became known as Yosemite Falls Education Center. The YUSD had to pay an extra $3,630.00 to have the septic system brought up to code. There was adequate space for these approximately 10 students in existing facilities at YUSD. Sworn testimony led the Grand Jury to conclude that this property was purchased solely for the purpose of providing the Superintendent’s wife a place to serve as Principal. An additional complaint was the use of cameras with audio capabilities. Those complaining about the cameras were concerned about the audio. When the Superintendent began receiving complaints about the cameras, he had individuals using the rooms where cameras were installed sign a document 129 acknowledging the installation of the cameras and instructed them to back date their signatures to a date prior to the installation. The YUSD and the California State Employees Association (CSEA) held their union negotiation meetings in a room that was covered by one of these cameras. This allowed the Superintendent or anyone he designated to view or listen in on live meetings from school or home. On or about September 19, 2008, in a document attached to the Unfair Practice Charge of the State of California Public Employees Relations Board, the Superintendent admitted that he had installed audio and video recording devices without giving CSEA any notice. In this same document, he further admitted that he had secretly recorded CSEA union meetings and other individuals at these sites. The YUSD CSEA filed a formal complaint with a local CSEA representative who submitted it to the State CSEA representative. Penal Code section 632 states that no one can record someone else without permission (See exhibit #2). Sworn testimony and numerous complaints by staff at YUSD indicated a hostile work environment. The Superintendent used almost any means necessary to achieve his goals. It was not uncommon for the Superintendent to use inappropriate language, belittle subordinates, bully staff, and threaten their jobs. At least 2 employees retired early due to the hostile environment created by the Superintendent. These employees could have worked numerous more years, improving their retirement benefits. In the Superintendent’s contract the YUSD Board of Trustees agreed to reimburse him for costs of tuition and materials for his pursuit of a doctorate in education. The contract further stated that, “This contract contains the entire contract, and understanding between the parties. There are no oral understandings, terms, or conditions….” The Superintendent used a school employee to type all of his doctorate papers. This was done over a three year period. It is unknown how much typing was done during business hours or how much was overtime. The contract did not specify that the Superintendent could use a school employee to type his doctorate papers. The Superintendent used school district employees to shuttle his children to and from medical appointments in Fresno. This was done on numerous occasions. Nepotism had to be addressed by the YUSD Board of Trustees because of complaints by staff that the Superintendent was doing all he could to create an administrative position for his wife. An administrator testified that he/she felt compelled, due to harassment, to retire early. This created an opening that was coincidently filled by the Superintendent’s wife. YUSD had taken over a program previously administered by the Madera County Office of Education. The Superintendent of YUSD had long sought to control the program and the funds represented. He stated that he could run the program more efficiently. This program involved Special Education. There are state requirements for children with special needs which dictate that each Special Education class must have one Special Education teacher and 130 two aides. A program is developed for each child with special needs, known as the Individualized Education Plan (IEP). This plan may include a variety of services depending on the needs of the child, and when finished is agreed upon by the child’s parents, the teacher, and an administrator. Once signed this plan cannot be altered without the written consent of all parties. In order to save money, the Superintendent of YUSD staffed this Special Education class with a half time teacher and one aide, violating the State requirement of one full time teacher and two aides. The Superintendent placed a special education student into a full-time regular education program without providing that student with a special education program, violating the requirements of the student’s IEP. This action created the possibility of legal action by the parents of the Special Education students and other school districts. Other school districts, whose students participated in this program at YUSD required the Superintendent to sign a “Hold-Harmless” document thereby relieving them of possible punitive action brought by parents. In signing this document, the Superintendent accepted the legal and possible financial liability of his actions, which is ultimately the responsibility of the YUSD Board of Trustees. On October 15, 2008, numerous complaints regarding the Superintendent were submitted to and accepted by the YUSD Board of Trustees. There was no open discussion by the Board of Trustees regarding the complaints. They chose to go into closed session. From that time on until February 24, 2009, all action regarding the investigation of the Superintendent was held during closed session. The complaints were turned over to the School District’s attorneys with a request that they hire an investigator with no local ties to the community. The Board of Trustees set no parameters regarding the length of time or cost for the investigation. Sworn testimony provided to the Grand Jury indicates that the cost of the investigation exceeds $80,000.00 to date. On February 24, 2009, a “Resignation Agreement and General Release” was signed by the YUSD Board of Trustees and the Superintendent. This document is in favor of the Superintendent, as he lost no wages between the time he was placed on administrative leave and the end of the 2008-2009 school years. No negative information regarding the Superintendent was listed in this document. The Board of Trustees approved a three page list of the Superintendent’s accomplishments during his tenure with the YUSD. The Grand Jury acknowledges that not all of the actions by the Superintendent were detrimental to the schools or the students of the YUSD. However, none of the complaints filed on October 15, 2008 were addressed or even acknowledged. The agreement was only in favor of the Superintendent. 131 CONCLUSIONS: After reading the “Resignation Agreement and General Release”, the Grand Jury came to the conclusion that the YUSD Board of Trustees failed to do the job they were elected to do which is to protect the assets of the school district. They did not protect or acknowledge any employee of the school district other than the now former superintendent. The injustices done to the employees were not addressed in this document. It is questioned why the investigation took so long and was so costly. The Board of Trustees did not use good judgment when they turned the investigation over to their attorneys without any stipulations or guidelines. The Board of Trustees needs to explain to their constituents why they took the actions they did, and why it took so long to do it. The Superintendent used for his personal gain the time of a school employee to type documents for his doctorate. The Superintendent knowingly and illegally set up cameras with audio capabilities in various buildings disregarding Penal Code Section 632. The YUSD Board of Trustees failed to do a proper job of overseeing the Superintendent and the school district. As Trustees of the school district it is their responsibility to be aware of school district failings and to promptly have those corrected instead of merely rubberstamping the Superintendent’s
CL23

Madera County Office of Education should look into the activities of the Superintendent of YUSD regarding the transfer of students on paper to gain ADA for one of his schools.
CL24

Madera County District Attorney should investigate the possibility that the Superintendent violated Penal Code Section 632 (recording others without their consent).
CL25

Madera County District Attorney should investigate the possible misuse of public funds and/or property.
CL26

YUSD Board of Trustees should to investigate the matters listed above, as they are the guardians of taxpayer dollars.
CL27

YUSD Board of Trustees should inform the taxpayers of the district why they did not monitor more closely the actions and decisions of the Superintendent. 132 RESPONDENTS: Madera County Office of Education Office of the Superintendent 28123 Avenue 14 Madera, CA 93638 Yosemite Unified School District Office of the Board of Trustees 50200 Road 427 Oakhurst, CA 93644 Yosemite Unified School District Office of the Superintendent 50200 Road 427 Oakhurst, CA 93644 Madera County District Attorney 209 West Yosemite Avenue Madera, CA 93637 INFORMATION: (No response required) County of Madera Board of Supervisors 200 West 4th Street Madera, CA 93637 California Department of Education Office of the Superintendent 1430 H Street Sacramento, CA 95814 California Teachers Association Office of the President P.O. Box 921 1705 Murchison Dr. Burlingame, CA 94011-0921 133 134 135 136 137 138 139 140 141 142 143 144 145 This Page Intentionally Left Blank 146 MADERA COUNTY GRAND JURY 2008-2009 ADDENDUM TO THE 2008-2009 FINAL REPORT This Addendum is a record of responses to the 2007-2008 Grand Jury Final Reports that did not get published in the 2007-2008 Final Report P.O. BOX 534 MADERA, CA 93639 559‐662‐0964 147 148 149 150 This Page Intentionally Left Blank 151 152 153 154 This Page Intentionally Left Blank 155 156 157 158 159 This Page Intentionally Left Blank 160 161 162 163 This Page Intentionally Left Blank 164 165 166 167 168 169 170 This Page Intentionally Left Blank 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 This Page Intentionally Left Blank 189 190 191 192 193 194 195 196 197 198 199 This Page Intentionally Left Blank 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 This Page Intentionally Left Blank 219 220 221 222 223 This Page Intentionally Left Blank 224