2005- 2006 MADERA COUNTY GRAND JURY FINAL REPORT

With signatures below this document becomes

THE FINAL REPORT OF

THE

2005- 2006 MADERA COUNTY GRAND JURY

JANUARY 01, 2005 to JUNE 30, 2006

APPROVED BY THE GRAND JURY:

___________________________________

DOUG KLEIST, FOREMAN

ACCEPTED FOR FILING:

_______________________________________

EDWARD P. MOFFAT, PRESIDING JUDGE

SUPERIOR COURT OF CALIFORNIA

2005 - 2006 MADERA COUNTY GRAND JURY FINAL REPORT

THE 2005- 2006 MADERA COUNTY GRAND JURY

WISHES TO THANK

THESE OFFICALS

FOR THERE CONTINUED ASSISTANCE

GRAND JURY PRESIDING JUDGE

THE HONORABLE EDWARD P. MOFFAT

MADERA COUNTY DISTRICT ATTORNEY

ERNEST J. LICALSI

MADERA COUNTY COUNSEL

DAVID A. PRENTICE

JURY COMMISSIONER

HAROLD E. NABORS

DEPUTY JURY COMMISSIONER

LYNDA PIERINI

2005 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

( 559) 662- 0848- FAX

The Madera County Grand Jury & The History of The Grand Jury’s of California’s Counties

Juries first were created under the law of Etherel II, who reigned during the Anglo- Saxon

period of A. D. 978- 1016. By A. D. 1368, Juries had evolved to include the Grand Jury, or

Grand Inquest, formed by Edward III.

Most of us have heard the term, “ Grand Jury’, but most of us have little knowledge of what a grand

jury actually does.

Today’s Grand Jury’s in America were first started in 1635, and later became a full legal body,

with the Fifth Amendment of the U. S. Constitution, which states, “ No person shall be held to answer

for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,

except in cases arising in the land or naval forces, of in the Militia, when in actual service time of

War or public danger…”

The Grand Jury system has been in existence in California since 1879, when the State Constitution

was adopted. Every county in California has at least one Grand Jury, and in some cases, the larger

counties have more than one. Santa Clara County, for instance, has one Grand Jury that deals with

civil issues, and another Grand Jury for criminal issues. There are also times that Grand Juries may

handle Coroner Inquests, though these are rare occasions.

Madera County has one Grand Jury, which normally handles all investigations. The District

Attorney may pull a Special Grand Jury from the petit jury pool, for a criminal issue, and allow the

regular Grand Jury time to work on other issues. In criminal cases, the Grand Jury is presented with

evidence of a crime and decides if there is enough evidence to permit a case to be brought against a

defendant. The Grand Jury also has the power to accuse public official of improper actions in the

performance of official duties. In its civil jurisdiction, the Grand Jury is the watchdog of local

government.

Most Grand Jury members are drawn from the regular petit jury pool. Letters are sent out to a

random group from the jury pool, and those whom respond with interest then go through an

interview process. Nineteen people and several alternates are selected each year, and are then

impaneled in January to serve for one year. The nineteen members that are selected at random from

those who finish the interview process commit themselves to do this work and find that they spend a

great deal of time attending meetings, conducting investigations, and writing reports on those

investigations. Most investigations are routine and do not result in recommendations.

Some of the Grand Jury investigations are triggered by public concerns. These may be brought to

the Grand Jury through letters, phone calls, and personal contact with members of the Grand Jury.

The concerns of these issues are then brought before the Grand Jury, or one of the Grand Jury

Committees, in order to determine if an investigation should be carried out. All Grand Jury business

is conducted in secret, and all information and discussions are considered highly confidential. This

is done, ( 1) to protect the innocent accused who is exonerated from disclosure of the fact that he has

been under investigation and from the expense of standing trial where there was probably no guilt;

( 2) to ensure the utmost freedom to the Grand Jury in its deliberations, ( 3) to prevent subordination

of perjury or tampering with witnesses; ( 4) to encourage free and untrammeled disclosures by

persons who have information with respect to the commission of a crime, and ( 5) to prevent the

escape of those whose indictment may be contemplated.

If any citizen or member of the community has questions or concerns about anything that might

involve the Madera County Grand Jury, please call the Grand Jury office at 559- 662- 0946 or fax at

( 559) 662- 0848. You can also write a letter to the Madera County Grand Jury, P. O. Box 534,

Madera, CA 93639.

You can be assured that no one outside the Grand Jury will know about your contact.

2005 Madera County Grand Jury

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT OF THE

CENTRAL CALIFORNIA WOMEN’S FACILITY

Pursuant to section 919B, members of the Grand Jury toured the Central California

Women’s Prison ( CCWF) February 28, 2005. The Grand Jury’s duty is, as described

in the California Penal Code, “ to inquire into the condition and management of the

public prisons within the County”.

The prison is the largest women’s prison in the United States and is designed to house

1940 prisoners. The prison population presently consists of 3,800 inmates, 14 of

which are on death row. Three fences surround the grounds; the middle fence is

electrified and would cause instant death if touched. The inner and outer barriers are

topped with razor wire. There has never been an escape. The prison has been

featured on the television programs “ 60 Minutes”, “ American Justice”, and

documentaries for British and French television.

The grounds consist of 640 acres well maintained by the prisoners. Part of this land

is farming area. There are almond trees and on 245 acres they raise oats, alfalfa and

winter forage. These crops are sold and the money earned from them is part of the

prison’s income.

The Joint Venture Enterprise ( JVE) is a partnership with a company for the

community that has hired inmates as part of their workforce. They produce circuit

boards, wiring harnesses and mechanical apparatus. They are paid a prevailing

wage and the wage is divided into the following categories:

1. Mandatory savings

2. Family

3. Canteen purchases

4. Room and Board

5. Restitution to the victims families

The aim of the prison is to secure inmates in a safe environment and provide

educational opportunities. If an inmate does not know how to read, instruction will be

provided. The trade schools include:

• Cabinetry

• Plumbing

• Electrical

• Vehicle Maintenance and Repair

• Refrigeration

• HVAC ( Heating and Air Conditioning)

• Cosmetology

• Dental Technician

Page 2/ Final Report CCWF

Upon touring the cabinet shop, the Grand Jury was introduced to the various aspects

of the cabinetry course. These include fine millwork on signs and various projects for

County buildings such as tables, cabinets and bookcases. Each year the scraps from

these projects are fashioned into a workable object and used as charitable donations.

This year the scraps are being used to make wooden toys for needy children.

Instruction is given on all the equipment except for the crosscut table saw and that is

used only by the instructor.

Bikes are donated to the prison to be repaired or painted. They are then given to the

local law enforcement agencies to be distributed at Christmas to needy children.

The goal of this institution is to reform and educate inmates to be productive citizens.

Dress codes for inmates are as follows:

• Orange jumpsuits are for new inmates

• Blue and white for the general population

• Lime Green for the prisoners who work outside the secured perimeter.

• Civilian clothing is permitted for inmates at specific times.

• Death Row inmates can wear civilian clothing at any time they are inside the

housing unit.

The Prison Industry Authority ( PIA) provides a large number of products and

services. There are 13 categories of goods and services that include 71 sub-categories.

A special lengthy report could be written on this subject alone. Some

areas of interest are:

• Seamstress Shop – sews and provides the clothing and uniforms for the

prisoners

• Silk Screening – Makes the California State Flags. On the date of this tour the

inmates were completing an order of 300 flags for a state senator all of which

had to be perfect before released. ( When viewing a California State Flag,

look to see if the bear has claws – this is a trademark of the PIA Industry.)

• The dental program is a two- year program where education and training to

make dentures of all types is learned. This school receives prescriptions from

the other prisons in the state and makes new dentures for those inmates or

repair the ones sent to their program. All dentures made for the State Med- Cal

Program are manufactured here.

The PIA provides work assignments for 7,000 inmates at an annual savings of 15

million dollars to tax payers. Up to 20% of the prisoner’s earned wages are

transferred to the Crime Victims Restitution Fund. Inmates receive $. 30 to $. 95 per

hour before deductions. PIA products and services are available to government

entities including federal, state and local government agencies.

The prison kitchen provides 3,800 meals three times a day, two of which are hot and

one cold box lunch that is supplied by an outside source. A healthy diet is served

including all the required food groups which consists of 2,600 calories per day. Food

to be served in the dining area is quality control tasted by 9 officers before the meal is

Page 2/ Final Report CCWF

distributed to the prisoners. Diabetic and kosher meals are available and obtained

from New York. None of the staff eat in the cafeteria.

Beginning in July 1, 2005, no smoking will be allowed in any prison in California by

staff or inmates as designated by the California Legislature.

Conclusion:

• Inmates are well provided for.

• The staff was very professional and knowledgeable

• Prison grounds and buildings are well maintained

• The floor in the kitchen where the freezer was previously located has been

repaired as recommended by the 2004 Madera County Grand Jury.

Recommendations:

Inmates who work in the cabinet shop be required to wear protective eyewear.

Responses not required

• Central California Women’s Facility – Warden’s Office

• California Department of Corrections

• The Madera County Board of Supervisors

Page 1.5

Central California Women's Facility

ChowchilIa, California

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

CENTRAL CALIFORNIA WOMEN’S FACILITY FIRE DEPARTMENT

INTRODUCTION:

On August 8, 2005, members of the Grand Jury attended a tour and

demonstration at the Fire Department located on the grounds of the Central

California Women’s Facility in Chowchilla, California.

The Fire Department serves:

• Central California Women’s Facility

• Valley State Prison for Women

• Many areas of Madera County

FINDINGS:

The Fire Department is staffed by:

• One Chief

• Five Captains

• Nine Inmate Firefighters

• One Dispatcher/ Chef

All firefighters are trained in basic structural and wildland fire operations,

CPR, first aid, automatic external defibrillator and hazardous materials first

responder. Some of the services they provide are:

• Fire Suppression

• Rescue

• Medical Aid

• Fire Prevention

• Fire Extinguisher Servicing

• Hazardous Materials Emergency Decontamination

• Fire Prevention Inspection

• Safety and Environmental Management

Equipment:

• 1989 Type 1 Engine with pump and roll capability, 750 gallon water

tank, 1,400 feet of 3” fire hose, jaws of life and automatic defibrillator.

Page 2

Final Report/ CCWF Fire Department

• 1994 Type 1 engine with pump and roll capability, 500 gallon water

tank, 1,400’ of 3” fire hose, jaws of life and an on board generator and

mounted floodlights.

• 2004 4WD Command Unit

• 2004 4WD Patrol Unit 300 Gallon Water, 200” 1” Hose

In 2004 the CCWF Fire Department responded to 1200 medical, fire related

and rescue calls. There is a mutual aid agreement between the CCWF Fire

Department and the Madera County Fire Department assisting each other in

cases of emergency.

The CCWF Fire Department provides:

• Automatic dispatch response for fire, rescue and medical aid to 150

square miles of Madera County

• 1,252 inmate hours of community service.

INMATE FIREFIGHTERS

• Before being assigned to the fire department, an inmate goes through

the following steps:

1. Express an Interest in the Fire Department

2. Nominated by their Counselor

3. Reviewed by the Unit Classification Committee

4. Reviewed by the Institutional Classification Committee

5. Approved by the Warden

6. Interviewed and Approved by the Fire Department

Once assigned to the fire department, the inmate must meet critical

performance standards before becoming a firefighter.

• Inmate firefighters live at the fire department

• Duty Hours are Monday through Friday, 0600 – 1500

• Provide emergency response on a 24/ 7 basis, on call basis on

weekends

• Understand and follow firefighter safety requirements

• Mandatory physical fitness training

• Operate all power tools

• Operate breathing air compressor

• Operate apparatus pumps

• Perform vehicle checks

• Operate the “ Jaws of Life”

• Earn CPR/ AED Certification

• Learn to Re- Service Fire Extinguishers

Page 3

Final Report/ CCWF Fire Department

From 1995 through 2004, inmate fire crews have made 2,300 emergency

responses and performed over 7,000 hours of community service.

CONCLUSIONS:

The attitude of the inmate firefighters was superior. They were eager to

assist and were very enthusiastic about their responsibilities and very

proud of what they do.

The firefighters are respected and admired by their peers outside the

prison system by citizens who have benefited by their expertise in

emergency situations.

Upon questioning by the Grand Jury Members, the inmates were well

versed and knowledgeable in all areas of firefighting. They also said they

had benefited in this program in areas other than firefighting such as self-confidence,

mental outlook and hopes for their futures.

RECOMMENDATIONS:

Continue to provide recreational equipment i. e. volleyball, basketball for

inmate firefighter’s off- duty time.

Continue to provide specific information for job opportunities, prior to

release, that inmate firefighters can pursue upon return to the private

sector.

Continue to work with the County Board of Supervisors and Madera

County Fire Department to explore ways to share in training and

equipment opportunities.

ENTITIES TO RESPOND:

• CCWF Fire Chief

• CCWF Warden

• Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

2005 - 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA MUNICIPAL AIRPORT

AND CROP DUSTING OPERATION

INTRODUCTION:

Members of the Grand Jury visited the Municipal Airport on January 10, 2006 to

inquire into the operation of the airport as well as future expansion plans. The airport

is located at 4020 Airport Drive on 900 total acres west of Highway 99.

We also visited the crop dusting base located at the airport. The facility is operated

by S & S Helicopters. We were briefed by the owner and operator who explained

that all operations of the facility are tightly controlled by the State Department of

Pesticides Regulations and the Madera County Agricultural Commissioner.

FINDINGS:

• The airport is a non- tower operating airport with approximately 50,000 take-offs

and landings each year which includes crop dusting activity.

• The primary runway is 5,500 feet in length and has a 28,000 lb per wheel

weight limit.

• Each aircraft approaching the airport reports it’s position ( i. e. turning base,

final turning, drop clearance) to all interested aircraft.

• There are 83 T- shaped hangars rented to private aircraft owners with small

private planes at the southeast end of the airport. Each hangar rents for

$ 100.00 to $ 165.00 per month.

• One important source of revenue is income from leased agriculture land.

• No general funds are used for airport expenses. All the revenue comes from

fuel tax money, rental on hangars, lease of airport property and rental income.

• The Madera Municipal Golf Course pays ground lease payments to the

airport.

Page 2/ Final Report/ Muni Airport

• The City, due to commitments to the Federal Government, cannot sell the

land. Improvements made on the land by the tenant can be sold to a new

tenant with prior approval of the City.

• Ground leases are for 30 - 40 years. After a lease expires, the property reverts

back to the city that rents it out again.

• FBO Corporation is the only one authorized to sell fuel. At the time of this

inspection aircraft fuel sold for $ 3.30/ gal - $ 3.90/ gal. Jet fuel sells for

$ 3.50/ per gallon.

• In order to install new approach lights to runway 30, the primary takeoff and

landing runway, the airport had to close a ½ mile of Road 16 and build a new

road consisting of a ½ mile of Road 24 and a half mile of Road 24- 1/ 2.

• The airport leases 390 acres of land for agriculture purposes, mostly grape

vines, almonds and some will be planted with pomagranate trees. These trees

will be at the eastern end of the RPZ ( Runway Protection Zone) for Runway

30.

• The airport has a Storm Water Pollution Prevention Plan ( SWPPP) as required

for environmental protection. The airport is required to collect storm water

and ground water at strategic locations and have these collections analyzed.

• Ten year study ( 1983- 1993) of locations of airport accidents in the United

States. See attachments 1 and 2.

CROP DUSTING OPERATION:

• The operation maintains the following equipment:

- 3 crop duster aircraft

- 2 helicopters

- 1 Cessna people aircraft

• The primary aircraft has a 1000 Horsepower engine that uses 35 – 40

gallons of fuel per hour and holds 660 gallons of pesticide which can

spray a 50’ wide path at a time.

• 50% of the spraying is done by helicopter and the ideal time to spray is

when the wind is blowing from 2 – 10 MPH. No wind at all is a bad time

to spray.

• It costs $ 12.00 an acre for customers to have their property sprayed.

This is in addition to the customer paying for the chemicals to be applied.

• Aircraft are filled with pesticide at the airport but helicopters land on a

ramp on top of a truck and are filled in the field where they are

spraying.

Page 3/ Final Report/ Muni Airport

• Pilots are licensed by the FAA. However, new helicopter pilots are

hard to find because it costs $ 60,000 to obtain a license to fly them.

• The concrete pad associated with the spill recovery is not a wash pad.

The system is designed for accidental spills. Intentionally dumping a

full load on the pad is not permitted. The chemicals can be pumped out

of the aircraft back into the mix tank. If the aircraft is safe to fly, the

load could be spayed on the customer’s field.

• The County Agricultural Commissioner who reports results to the

State and Federal Government inspects the facility at least once a year.

CONCLUSIONS:

• The airport is a separate enterprise that generates its own revenue for

operations and maintenance. In addition it receives grants from the FAA

for major projects such as strobe lights.

• The airport is a well operated and managed facility.

RECOMMENDATIONS:

Educate the general public of restrictions or conditions that affect their property in the

vicinity of the airport. A new buyer should be cognizant of the fact of any restrictions.

One example is the Aviation Easement which allows aircraft to fly over their homes.

This is in the home- buyers contract.

RESPONSES

• Airport Manager

• Madera C. A. O.

• Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE CITY OF MADERA HOUSING AUTHORITY

INTRODUCTION:

The housing authority is a federally funded program with an annual budget of approximately 8 to

10 million dollars. It has 32 employees and the mission of the authority is to provide safe,

decent, affordable, and fair housing while promoting opportunities that encourage and support

residents towards achieving self- sufficiency. The authority provides assistance to qualified low-income

individuals and families, regardless of race, age, ethnic origin, family status or

disabilities. The authority operates approximately 260 public housing units in nine

developments and owns a total of 486 units, which have a property tax exemption.

FINDINGS:

The housing authority offers rental assistance for families with eligibility requirements. A family

of 4 is restricted to a maximum income level of $ 25,400.00 per year and a single person is

restricted to a maximum income of $ 17,800.00 per year. The housing authority offers rental

assistance in the following categories:

- Public Housing: Low- rent apartments and houses, including handicapped units,

owned and managed by the housing authority.

- Housing Choices Voucher Program: Rental assistance vouchers are provided for

eligible families who choose housing in the private rental market. The vouchers

provide financial assistance to make private rentals affordable for low- income

families. Proper documentation regarding income, family size, citizenship or eligible

immigration status is required. Families are required to attend scheduled

appointments for re- evaluation and allow annual inspections. There are

approximately 725 choice vouchers made available for housing.

- Yosemite Manor Senior Housing: Low- rent housing, including handicapped units,

limited to individuals 62 years of age or older or 55 years old and disabled.

- Farm Labor Housing: Low- rent housing for eligible families employed in agricultural

work requires $ 5,753 agricultural income to be eligible.

- Pomona Ranch Housing Center: Seasonal housing for migrant farm labor working

families. Child- care is available.

Page 2/ Final Report/ Housing Authority

The housing authority offers programs to assist resident families to achieve self- sufficiency.

- Youth Program: Offers one ( 1) after school youth program that include drug

prevention and intervention activities, sports, arts and crafts, field trips, homework

assistance and computer skills.

- Family Self- Sufficiency Program: Assists families to gain financial independence and

provides family incentives upon program completion.

- Down Payment Assistance Program: Assists eligible first- time homebuyers with the

purchase of a home. Homebuyers must be pre- qualified through a mortgage company

to apply.

- Housing Rehabilitation Program: Assists eligible owner- occupied homeowners with

deferred loans for housing remodeling. This allows a low- income homeowner to

make repairs such as a new roof or heating and air conditioning improvements. The

loan would be considered a second mortgage and payments would be deferred for as

along as 30 years. The loan becomes due and payable if one of the following occurs:

o Death of homeowner before the 30- year time frame. If the deceased

homeowner has a beneficiary who decides to live in the home and is qualified

as low- income, the loan can be assumed.

o The home is sold

- Home Ownership Classes: Provides educational classes for individuals pursuing

home ownership. Classes include instruction, budgeting, credit repair, mortgage

process, and home maintenance.

CONCLUSION:

The housing authority provides an important and necessary program to the low- income residents

of the city. A dedicated staff and management administer the agency.

RECOMMENDATIONS:

Initiate a major effort to obtain more 2 & 3 bedroom units since there is a long waiting list.

Suggest the Board of Supervisors investigate the feasibility of expanding the housing authority to

cover the entire County of Madera.

RESPONSE:

- Executive Director- City of Madera Housing Authority

- City of Madera- City Administrator

- Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON THE CITY OF MADERA

PARKS AND COMMUNITY SERVICE DEPARTMENT

INTRODUCTION:

Members of the Grand Jury visited the Parks and Community Service Department of

the City of Madera on November 28, 2005 to review its operation. It’s mission is to

enhance the quality of life for all citizens by providing quality programs, parks,

facilities and services that are responsive to the needs of the community.

FINDINGS:

The Department has a staff of over 100 personnel, 29 of which are full time

employees and has an annual budget of approximately $ 2.3 million dollars. The

Department has several divisions with a variety of offerings that provide meaningful

recreational, social and educational experiences.

• Parks Division

This Division maintains the city’s public parks, landscape medians and

landscaped areas of public facilities. There are also many areas within the

public parks that are maintained and repaired such as group pavilions,

amphitheater, picnic shelters, playgrounds, gymnasiums and the municipal

swimming pool.

• Recreation Division

This Division provides a multitude of classes, activities and special events as

part of its operation. The Division provides and coordinates softball,

basketball and T- Ball for youths and adults. Special interest classes are also

provided for all age groups. Examples are:

1. Cooking

2. Arts and Crafts

3. Talent Show

4. Movie Nights

5. Karaoke Nights

Page 2/ Final Report/ Parks and Community Services

• Older Adult Services Division

This Division provides services for countywide senior citizens 60 and older.

The emphasis and purpose is to create opportunities for social contacts,

recreation, nutritious meals, special outings and health services. The Senior

Nutrition Program is funded by the Fresno- Madera Area Agency on Aging,

client donations, Madera County, City of Chowchilla, City of Madera and

citizen’s donations. The Senior Nutrition Program offers participants a

balanced hot meal Monday through Friday. Seniors 60 or over that are unable

to leave their homes may be eligible for home delivery of meals. This

program is called “ Meals on Wheels” and provides the same meal served on

the Senior Nutrition Program as the one delivered to their home. The Frank

Bergon Senior Center and the Pan- American Community Center offers

current information regarding services available to seniors. The Centers are

prepared to assist in the areas of tax assistance, housing information, agency

referrals and public information. An Adult Day Care and Respite Center for

caregivers to care for a loved one for the day, is also part of the Division.

There are arts and crafts, exercise, and many other activities for older adults.

• Special Needs Adult Program

This program offers recreation activities for developmentally disabled adults.

The adults participate in various activities such as movies, bowling, pizza

parties and dance classes. The program is held at the Frank A. Bergon Senior

Center in Madera.

• Golf Course Division

The Madera Municipal Golf Course is a meticulously manicured 18- hole

championship course designed for golfers of all ages and skill levels. It had

its grand opening on June 7, 1991. It is located west of Highway 99 at the

intersection of Avenue 17 and Road 23. The design reflects imagination and

an understanding of what golfers look for in their favorite golf course. It has a

reputation for having the best greens in the central valley. The course is open

every day of the year except Christmas day.

The golf course staff maintains the course and grounds and takes great pride

for quality conditions at competitive prices.

The course plays a challenging 5,400 yards from the white tees and 6,900

yards from the championship blue tees. It has a country club atmosphere and

a friendly professional staff to make your day a pleasurable one.

Page 3/ Final Report/ Parks and Community Services

CONCLUSIONS:

The Parks and Community Services Department has a wide range of responsibilities

and services that are provided to all residents of the City of Madera. It publishes The

Leisure- Up brochure twice a year that lists all of the activities, classes and special

events for each season. The brochure is available at various locations within the city

such as the Library, Housing Authority, Chamber of Commerce, City Hall and

Madera Unified School District in addition to the Parks and Community Services

Department.

RECOMMENDATIONS:

None

RESPONSES:

Madera County Administrative Officer

Madera County Board of Supervisors

Director of Parks and Community Services

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT

ON THE MADERA CITY POLICE DEPARTMENT

INTRODUCTION:

Members of the Madera County Grand Jury toured the City of Madera Police Department at 203 W. Fourth

Street, Madera, California on June 8, 2005.

FINDINGS:

The total number of sworn officers is 58, including the Chief of Police. Assuming a service population of

51,000 residents this yields a sworn staffing ratio of 1: 14 officers per 1,000 population. To achieve 1.5

Officers per 1,000 would require the addition of 19 officers. Population growth will continue to impact the

ability to achieve the desired ratio.

There are 40 sworn officers assigned to patrol duty, which includes 4 Sergeants, 1 for each 12 hour shift.

Three ( 3) officers are assigned as canine ( K9) officers and 2 are traffic officers.

Other officer assignments are as follows:

• Detectives- 5 officers and 1 Sergeant

• MADNET ( Madera Narcotic Enforcement Team) – 1 officer

• Gang Task Force – 1 officer

• Housing Authority – 1 officer

• Madera Unified School District - 2 officers

• Crime Prevention – 1 officer

• Personnel & Administration - ! Sergeant

• Training - 1 Sergeant

The average annual cost for salary and benefits for a sworn officer is $ 95,000 to $ 100,000, which includes

retirement. Most of the salary and benefits are paid out of the general fund budget, with the exception of the

School officers and the Housing Authority Officer, which are paid by contract with respective agencies.

The Gang Task Force was spearheaded by the Madera Police Department. The Madera County Sheriff’s

Department was somewhat slow to recognize the contribution of local gangs to the counties crime picture

and the connection of gang crime patterns between the City and County. After much work with the county

and state agencies, the Gang Task force was achieved. The California Department of Justice provides

supervision of the unit. All agencies involved are contributing funds and personnel. The city has provided

1 officer. Some of the funding comes from State and Federal Grants. In fiscal year 2004 the 5 murders in

the city were gang related.

CONCLUSION:

The Grand Jury found that the police department is being operated to the best of its abilities considering the

resources at its disposal, including a shortage of personnel and funds. The County has supplied $ 230,000 to

implement the gang task force.

CONCLUSION

• The Madera Gang Task Force aggressively attack the increasing gang problem.

• Seek State and Federal Grant monies to help compensate the task force with additional

equipment and personnel.

ENTITIES TO RESPOND

• Madera City Police Chief

• City of Madera Chief Administrative Officer

• Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE CITY OF MADERA TRANSIT ADMINISTRATION

INTRODUCTION

On December 12, 2005 members of the Grand Jury met with the city of Madera's Assistant City

Administrator and an Administrative Analyst. They are the primary staff responsible for

administration of the city's transit services. They provided the following history and current

operations of the city’s transit service.

FINDINGS:

The city's transit service is referred to as the Madera Area Express ( MAX) and was established in

1978 as the Dial- a- Ride ( DAR) service. DAR is curb- to- curb service with minimum of 2 hours

for service requests. It is available to any member of the public but is intended for .

passengers that would have difficulty using the fixed route system that began In 1998. The fixed

route ( MAX) has four ( 4) primary buses on two ( 2) basic routes in the city limits. DAR has five

( 5) buses that service the city and portion of the county.

Operating costs for fiscal year 2006 are approximately $ 483,000 for DAR and $ 575,000

for the fixed route system. Madera County helps fund the DAR based on the area

served and the number of passengers. Both the DAR and the fixed route system generate

a portion of their funds through fares charged to passengers. The primary source of

funding for both systems is Federal Grant money administered through the Federal

Transit Administration ( FTA) 5307 program for small- urbanized areas. Normal FTA

funding is allocated at 50% of operations and 80% capital purchases. Capital purchases

may include buses that cost from $ 60,000 to $ 90,000 and bus shelters that cost $ 16,000

each.

The second funding source comes from gas tax money provided by the state and known as Local

Transportation Funds ( LTF). LTF is a funding source for transportation activities in the city

and county. It is administered by the Madera Transportation Commission ( MCTC) according to

requirements by the State Transportation Act ( STA). The County Transportation Commission is

the Regional Transportation Planning Agency ( RTPA) and the designated Metropolitan

Planning 0rganization ( MPO) for Madera County.

The Commission’s role is as follows;

• To foster inter- government coordination

• To undertake regional planning

• To study transportation issues

• T o provide technical services

• . To provide a forum for citizen input in the planning process

MCTC is mandated by law to conduct an “ unmet transit need” hearing each Spring. The

objective of the annual hearing is to determine whether there are identifiable public

transportation projects that are desired by the public, and that are technically and

financially feasible within the constraints of existing economic, government and

community resources.

CONCLUSION;

• The transit program is in need of bilingual drivers and dispatchers

RECOMMENDATIONS:

• The Madera County Transportation Commission should continue to explore the

needs of the City of Madera, the City of Chowchilla and the entire County of

Madera.

RESPONSES:

• City of Madera Chief Administrative Officer

• City of Madera Assistant Administrative Officer

• City of Madera Administrative Analyst

• Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON THE

MADERA COUNTY COMMUNITY ACTION AGENCY

INTRODUCTION:

The Federal Government passed legislation entitled “ The Economic Opportunities

Act of 1964.” This legislation was meant to combat poverty in geographically

designated areas. Under this legislation, the Madera County Board of Supervisors

created the Madera County Community Action Agency ( MCCAA).

MCCAA’s mission is to advocate, develop and operate programs and services that

allow individuals and families to acquire skills and knowledge, gain access to new

opportunities and achieve their full potential.

MCCAA carries out its mission by:

• Community wide assessments of needs and strengths

• Comprehensive antipoverty plans and strategies

• Provisions of a broad range of direct services

• Mobilization of financial and other resources

• Partnership with other community- based groups to eliminate poverty

MCCAA involves the low- income population it serves in the planning, administering

and evaluation of its programs. This program is a short term solution and as their

quality of life improves, they are eliminated from the program.

FINDINGS:

The executive director of the Madera County Community Action Agency reports to a

board of directors who, in turn, report to the Board of Supervisors..

The Board of Directors are comprised of 5 public officials, 5 private sector

representatives and 5 members from each of five targeted areas.

• Representatives of the Board of Supervisors, Department of Social Services,

Madera Unified School District, Madera City Council and Chowchilla City

Council.

• Representatives from the Madera Chamber of Commerce, Policy Council-

Regional Head Start, Policy Committee- Fresno Head Start and Madera Head

Start. One seat is currently vacant.

• Representatives from the targeted areas are from the Central Madera/ Alpha,

Eastern Madera County, Eastside/ Parksdale, Fairmead/ Chowchilla and

Monroe/ Washington.

Page 2/ Final Report/ Madera County Community Action Agency

There are 13 migrant head start centers in the county. In addition, they have

responsibility for the following head start centers:

• Madera/ Mariposa Regional Head Start

• Fresno Migrant Head Start

• Fresno Infant/ Toddler General Child Care

• Fresno Readiness First Five

• Fresno Family Connections

MCAA also provides:

• Resource and Referral services and child care to MUSD students and respite

services to parents.

• Extensive services to victims of violent abuses, including rape and sexual

assault and victims of sexual abuse of children.

• Shelter to domestic violence victims and battered spouses and children.

• Publications and printing for domestic violence programs.

• Emergency services to seniors.

• Housing, food and shelter, surplus food to low income individuals.

• Assistance for low- income clients for energy bills.

• Coordination to prevent teenage pregnancy.

• Work experience skills

They have a staff of about 350 at peak work times and about 200 at other times. The

current budget is slightly more than $ 15 million. The funds come from federal, state

and county agencies and a small amount are donations. The women’s prison in the

county have a yearly fundraiser to benefit MCCAA. Most of the federal state and

county funds are grants and the funding sources insist that those funds and expenses

be audited regularly.

MCCAA will be moving to a new facility. The floor plan of the new facility is very

impressive and the Child Protective Services portion of the building is state- of- the-art.

Victims will enter the building through a secure access entry and will not be seen

and/ or confronted by anyone except a CPS staff person and the interview intake- room

can be monitored by staff in an adjoining observation room.

MCCAA provide an important service to Madera County in that they coordinate with

other agencies to prevent duplication of many services. They utilize Head Start

clients as board members in their different Head Star Policy/ Council Committee

meetings. In partnership with the MCCAA Board of Directors, they review and

develop policies and procedures to operate in accordance with the Head Start

Performance Standards that include:

• Funding Head Start applications and amendments.

• How the governing body and policy group’s implement shared decision-making.

• Procedures for program planning.

• Program philosophy, goals and objectives.

• Policy Council/ Policy Committee composition and selection.

• Criteria for defining recruitment, selection and enrollment of Head Start

families for priorities.

• Annual program self- assessment.

• Personnel policies and updates.

• Decisions to hire or terminate the Head Start director.

• Decisions to hire or terminate Head Start staff.

Some meetings held in Spanish and a translator is always present.

CONCLUSIONS:

Madera County Community Action Agency is an important asset in reducing and

eliminating poverty. Head Start Centers assist in introducing many positive values

to children and instilling a concept of interactions and sharing with others. In

addition, they start learning some basic interpersonal skills and functions that will

prepare them for a more formal educational experience in elementary school.

Their Victim Services program has been shown to be effective in reducing domestic

violence, rape and sexual assault cases. A large portion of the community is unaware

of the important part that MCCAA plays in the County and do not know that is exists

of what services are provide. It would be beneficial to the community if the Agency

was better known by the residents and not wait until a catastrophe happens to a

person of family.

RECOMMENDATIONS:

Publicize the “ grand opening” of the new facility to the community.

RESPONSES:

Board of Supervisors

Executive Director, MCCAA

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

COMPLAINTS OF CRUELTY TO ANIMALS AT THE

MADERA COUNTY ANIMAL SHELTER

INTRODUCTION:

The Grand Jury received several complaints of cruelty to the animals housed in the

animal shelter ranging from treatment to euthanasia. Members of the Grand Jury

visited the facility several times, interviewed the complainants and appropriate county

officials.

FINDINGS:

It is the duty of all employees of Madera County Animal Control to make sure each

animal impounded receives humane sheltering, adequate food, water and medical

attention. Animal Control must operate in accordance with California Senate Bill

1785. This animal care policy, known also as the Hayden Bill, has established

policies regarding euthanasia.

After an animal has entered the shelter for the required holding period, it is then

determined to be available for either adoption or euthanasia. The stray holding period

for dogs and cats is five working days. The stray holding period for feral ( wild or

undomesticated) dogs and cats is three working days. Livestock are held for 14

working days. Other pets such as birds, rodents, rabbits, etc. are also held for five

working days. Animals with known owners are held for 10 days and those under

protective custody ( to be used as evidence) can remain in the care of the shelter for an

extended period of time.

A summary of the complaints alleging cruelty to animals is as follows:

• Sick and injured dogs not taken to a vet or put down. These included dogs

shot and mortally wounded, dogs that had been run over, and dogs with

bleeding due to prolapsed uterus.

• Feral cats kept all night without food or water because they were to be put

down the next day.

• A cat with a litter of kittens kept in a drop cage without food or water.

• Dogs kept tied in the main office because no one was available to take the

animal back to a kennel.

Page 2/ Final Report/ Animal Shelter Cruelty

• Animals left in the drop cages all day with no food or water. They don’t

always learn to use the provided spigot to drink or are too small to reach the

spigot.

• Other complaints included a need for safety equipment for animal control

officers i. e. winches for loading deer and safety lights on vehicles.

The rendering plant usually comes each Monday to pick up the dead animals. They

sometimes come twice a week if there is a need to do so. Approximately 30 or more

animals are euthanized each day. The Director at the time of these complaints was

the only one to authorize putting an animal down. This policy has been amended to

allow the senior certified animal control officer on duty to authorize and/ or perform

euthanasia.

The Animal Shelter expenditures have increased in excess of $ 60,000 per year since

2001/ 2002, while animal license revenue has declined since 1993/ 1994. The number

of licenses issued in 1992/ 1993 was nearly 60,000 while in 2003/ 2004, the number

was a little less than 30,000; a dramatic drop in the public’s responsibility. Total

impounds have gradually increased and in the last five years have exceeded 8,000

animals per year.

The County Administrator has met with the employees and volunteers of the Animal

Shelter and with the Director. He or his designee has been making weekly visits

since that time.

Members of the Grand Jury upon visiting the Animal Shelter did not observe the

complaints that have been reported. However, observations were not made on a daily

basis. While crowded conditions were observed, the pending shelter expansion

should alleviate, at least temporarily, the overcrowding.

CONCLUSIONS:

It appears that adequate guidance was available to the staff of the Animal Shelter

regarding the humane processing, handling and disposition of the animals entering the

facility. While none of the complaints were personally observed by Grand Jury

members, other than overcrowding, the number of similar complaints received

indicates a problem existed.

Hopefully, the County Administrators intervention has resolved the problem.

Animals must be treated humanely from initial entry to the Animal Shelter until either

adopted or euthanised.

It should be noted that personnel managing, employed by or volunteering their time

within this facility are a very special group. Handling stray, injured and unwanted

animals of all sizes on a daily basis requires special caring people.

Page 3/ Final Report/ Animal Shelter Cruelty

RECOMMENDATIONS:

• Educate the general public on the practice of altering and licensing pets.

• Insure that all Animal Shelter staff are adequately trained. County officials

should periodically visit the facility on a no- notice basis to insure that Madera

County Animal Control policies are being satisfactorily applied.

• Expedite the completion of the Animal Shelter expansion.

• The 2006- 2007 Grand Jury is charged to continue to review the policies and

procedures at the Animal Shelter.

• Ensure that renewal notices be sent to pet owners annually.

RESPONSES:

Madera County Animal Shelter

Madera County Administrator

Board of Supervisors

Friends of the Madera Animal Shelter

County of Madera

Department of Animal Control

14269 Road 28

Madera CA 93638

MCAS ( 559) 675- 7891 FAX ( 559) 675-' 7617

REMEMBER TO SPAY AND NEUTER

April 18, 2006

TO : 2005 Madera County Grand Jury

FROM: Kirsten Gross

Director of Animal Control

SUBJECT: Response to Grand Jury 2005 Final Report

The Grand Jury Final Report on complaints of cruelty to animals at the Madera

County

Animal Shelter was received by our office. Several recommendations were made

pursuant to that report;

Recommendation # 1 – Educate the general public on the practice of altering and

Licensing. This recommendation has been implemented.

• Departmental instruction to the staff has always promoted the need to educate

each individual that they come in contact with regarding the humane treatment

of

animals, licensing, altering their pets and more. These efforts have produced

an

improved awareness in our community regarding animal issues.

• In conjunction with Friends of Madera Animal Shelter volunteers, we have

provided speakers, humane education books, and educational materials to

Thousands of students, several civic organizations, and other groups in our

community. Education is our primary focus. These efforts have proven to be

successful and well accepted in our community as the requests for these

services

surpass our ability to provide them.

• We continuously promote the spaying and neutering of pets and are providing

Assistance to customers with low income. Thespay/ neuter program that is

administered by F. M. A. S. covers most of the fees for spay/ neuter services.

Recommendation # 2 - Insure that all Animal Shelter Staff are adequately

trained. This recommendation has already been implemented

• For new Animal Control Officers the training includes 2- 4 weeks with a

senior

officer and/ or with the Animal Control Officer Supervisor. Policies and

procedures are reviewed with each employee. They are also required to

complete

PC 83\ 2 which includes the baton and firearms training and

` to arrest and write citations. They also must complete

euthanasia certification. As budget permits, several

professional courses are also offered throughout the year to

help employees polish their skills and expand their knowledge.

Biweekly staff meetings and quarterly safety meetings are also

attended by all staff members.

• Clerical staff and kennel staff participate in select

seminars,

biweekly staff meetings, and other educational opportunities.

All

staff members are coached by senior staff, officers, and

management to promote service excellence and the humane

treatment of animals.

• Administrative officials have periodically visited the

facility to insure that Madera County Animal Control Policies

are being applied.

Recommendation # 3 - Expedite the completion of the Animal

Shelter expansion. This recommendation has already been

implemented.

• Madera County Animal Control management, have met with

engineering

contractors, and others involved with the expansion. Questions

and requests have received prompt responses from this

department.

• F. M. A. S., county administration, members of the Board of

Supervisors, shelter staff and members of our community have

all pushed on the departments, companies, or individuals who

can expedite the expansion project. Community support and

anticipation for this project runs high.

• Staff has also been actively working towards providing for all

supplies, personnel, and fixed assets necessary to operate the

new expansion through budget requests, community campaigns,

and requests for donations.

• The project is to be started on or about May 1, 2006 and

completed 123 days later which will be on or about September

25, 2006.

Recommendation # 4 - Ensure that renewal notices are sent

to pet owners annually. This recommendation has already

been implemented.

• Since 2000, the licensing revenue has continually improved

with the exception of the year when the computers and

software used to manage the information and provide renewal

notices crashed which was in 2001. Licensing revenue was also

down $ 4,623 this last year due to staffing shortages.

• Software that was used in the past also substandard as it

dropped information, did not provide for accurate renewal

information, and had no tech support. The Friends of Madera

Animal Shelter have purchased new software for the shelter at

a cost of$ 1,900. The departments licensing information has

been converted to the new software and monthly revenue

notices have been provided to customers continuously since

its implementation.

• Volunteers have been utilized to organize aged licensing

receipts in order to add the information that was lost with

the computer crashed back into the new system.

• In the budget request for fiscal years 2006- 2007, management

has

Requested the hiring of door to door canvassers to improve

licensing compliance.

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA COUNTY ANIMAL SHELTER

AND THE ROBERTA J. WILLS TRUST

INTRODUCTION:

The 2004 Madera County Grand Jury charged the 2005 Grand Jury to follow up on the

expansion project of the Animal Shelter until such time that the expansion is completed.

Upon the death of Ms. Wills in 1983, funds from her probated will were transferred to a

named trustee. For personal reasons, the trustee entered into an agreement with the

County of Madera for the distribution of the funds. Funds from Ms. Wills’ trust in the amount

of $ 268,725.51 were transferred to the County of Madera on May 22, 1984. According to

the past Will and Testament of Ms. Wills, all of the funds are to be used for the County of

Madera’s Animal Shelter. Half of the money is to be used for making capital improvements

at any existing animal shelter or toward acquisition and construction of a new facility. The

other half of the trust’s funds is to be used for administrative purposes. Effectively, there

was $ 134,362 in each account.

FINDINGS:

The detailed findings by the 2004 Grand Jury have not dramatically changed. The crowded

conditions, staff shortages, lack of a surgery room are just a few of the problems faced in the

operation of the Animal Shelter. There appears to be no budget consideration for increases

in animal population when new housing developments are approved and completed. In only

the last few years has the Grand Jury been looking into this twenty- two year problem.

As of this writing, February 2006, the funds from Ms. Wills Trust are still held in a separate

fund from the County of Madera’s General Fund and amounts to $ 367,855. Additionally, the

City of Madera allocated $ 45,000 to the project to be used before February 11, 2005 or it

would revert back to the City’s General Fund. However, this has been extended indefinitely.

The Madera County Board of Supervisors has approved an additional $ 190,952 to expedite

the construction of this project. General plans have been provided to the contractor, Valley

Steele Construction. However, detailed plans are required before actual construction

begins. This is the only real factor for delaying actual construction. A ceremonial ground

breaking was held on October 19, 2005, but to date no further action has taken place.

According to the Director of the Animal Shelter, it looks like an early 2006 start date.

CONCLUSION:

The expansion of the Animal Shelter is to commence soon. ( See Attachment 1.) Any further

delays may cause the cost of construction to increase i. e. labor and material.

RECOMMENDATIONS:

1. That the Madera County Planning and Engineering Department insure the final

expansion plans are adequate for today’s animal populations and meet all state and

Local requirements.

2. That the 2006- 2007 Madera County Grand Jury continue follow- up of the Animal

Shelter expansion until such time that the expansion is completed. If not completed

during their time; then we charge each subsequent Grand Jury with the continuation

of this matter.

RESPONSES:

Madera County Board of Supervisors

Madera County Animal Shelter Director

Madera County Auditor

Madera County Planning and Engineering Department

Madera County Human Resources Department

Friends of the Madera Animal Shelter

2005- 2006 Madera County Grand Jury

P. 0. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY FINAL REPORT ON THE

BOARD OF SUPERVISORS MISUSE OF REIMBURSEABLE

ALLOWANCES

INTRODUCTION:

During the 2004 term of the Madera County Grand Jury, complaints were received

regarding misuse of reimbursable allowances by the members of the Board of

Supervisors. Due to the late reception of the complaint, it was held until the

2005 Grand Jury was impaneled.

FINDINGS:

A review of the claims submitted by members of the Board of Supervisors was made and

the most common error was reimbursement for meals consumed within the County of

Madera, in violation of Madera County Code 2.60.430. While not excessive there

appeared to a lack of knowledge of published guidance.

During the ensuing investigation and discussion with county officials the County

Administrators Office reviewed the current county programs and proposed the following

effective November 01, 2005; “ Elected officials ( defined as the Board of Supervisors,

District Attorney, Sheriff- Coroner, Auditor- Controller, and Assessor) will be entitled to a

maximum of seventy- five dollars ($ 75.00) a month in reimbursement for the cost of their

own meals associated with the conduct of county business, and not specifically covered

under any other section of the county travel plan. Receipts are required when a request

for reimbursement is submitted to the county Auditor. The amount of reimbursement

will be based on the current meal rates in the County Travel Plan.”

CONCLUSION:

The described amendment should resolve the problem

RECOMMENDATIONS:

The County Auditor- Controller should periodically review said expenditures for

adherence to appropriate Madera County Codes.

RESPONSES:

Madera County Board of Supervisor

Madera County Auditor- Controller

Madera County Administrative Officer

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY FINAL REPORT

ON THE

MADERA CEMETERY DISTRICT

INTRODUCTION:

Members of the Grand Jury visited the offices of the Madera Cemetery District on March

2nd, 2006. The purpose of the visit was to obtain information on the operation of: the

cemeteries within Madera County: The mission statement for the cemetery district is as

follows; " To manage the Madera Cemetery District by providing a wide range of burial

options, to handle services in a caring., compassionate manner with the intent to

maintain, improve and historically preserve the grounds for the benefit of Madera County

residents and their families.”

EINDINGS

The cemetery districts guidelines are contained in the Health and Safety Code of the State

of California. It contains code sections pertaining to the many different items involved in

the operation of cemeteries, both private and public.

As a public cemetery, the Madera County voters in 1945 formed the Madera Cemetery

District. Under the direction of a five- member board of trustees the " endowment care”

cemetery district is able to provide beautiful settings as a final resting place for Madera

County residents and families. The cemetery district is governed by the Board of Trustees

that have been appointed by the County Board of Supervisors for a term of four years.

The board sets district policy in accordance with sections of the California Health and

Safety Code pertaining to public cemetery districts.

The Madera Cemetery District is an endowment care cemetery, which at the time an

interment right ( plot) is sold, an endowment care fee is charged. The amount of the

payment shall not be less than the minimum amount set by the code.

Five cemeteries are maintained under the supervision of the Madera Cemetery District:

Arbor Vitae in Madera, Calvary in Madera, Oakhill Cemetery in Oakhurst, North Fork

Cemetery in North Fork, and Raymond Cemetery in Raymond.

The Madera Cemetery District provides the following:

• Ground burials- single and double depth

• Indoor and garden mausoleums- single and companion

• Glass, bronze, and marble front niches

• Garden cremation areas

• Saturday morning services

• An outdoor chapel for services in a garden setting

• Pre- need arrangements plans with a 1 to 3 year financing and a

$ 50.00 minimum down payment

• Pre- need prices are locked in at the time of purchase

A plot map is maintained for each of the cemeteries. These maps are checked weekly for

accuracy and when a new internment is made. The State of California audits the

cemetery district annually and the report is sent to the state controller.

Care and maintenance for the cemeteries is funded by property taxes, the endowment

fund, and other associated charges ( see attachment 1). The cemetery districts financial

records are public record and can be reviewed.

CONCLUSION:

NONE

RECOMMENDATIONS;

NONE

RESPONSES:

Madera Cemetery District

Madera Cemetery Board of Trustees

Madera County Board of Supervisors

Madera County Administrative Offices

2005- 2006 Madera County Grand Jury

P

Madera, California 93639- 0534

. O. Box 534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA COUNTY CENTRAL GARAGE

INTRODUCTION:

Members of the Madera County Grand Jury visited the County’s Central Garage

on May 9, 2005.

FINDINGS:

The committee began the visit at the County Administrative Center with an

interview with the Assistant Administrative Officer for Madera County. His duties

include the overall supervision of the Central Garage. The committee then visited

with the garage supervisor who took us on a tour of the facility.

The total fleet is approximately 350 vehicles of various sizes and descriptions.

Vehicles assigned to the Road Department do not fall under the purview of the

Central Garage but are dispatched and maintained at the Road Department

vehicle maintenance garage on Almond Avenue.

The purchase of new/ replacement vehicles comes from the County Budget,

General Fund or from funds received through a grant. Some departments have a

mix of both grant and General Fund vehicles. When grant obtained vehicles are

fueled and/ or maintained by the Central Garage, the departments to which they

are assigned are charged the actual cost for the services received. Departments

that operate vehicles obtained through the General Fund budgetary process and

dispatched by the Central Garage are charged a flat rate- per- mile. This cost is

included in each department’s budget.

Vehicle accidents/ damage are investigated by the appropriate law enforcement

agency and reviewed by the Risk Management Analyst. Further investigation may

be done if warranted.

Vehicles are replaced on a mileage basis and damaged vehicles are replaced if

the cost of repairs is excessive. New vehicles are purchased using a state

contract. The State receives a bid from a vendor for a certain type vehicle.

Counties can then purchase the same type vehicle at the same price the dealer

charges the State. Tires are also purchased under a similar state contract. Local

purchase of vehicles is seldom used and then only on a bid type procurement.

The Assistant Administrative Officer has introduced a cost avoidance program

which permits departments to use rental cars for out of town/ overnight travel.

Page 2

Central Garage Final Report

The cost of using the rental cars is less than the rate the Central Garage charges

per mile. Also, the added benefit of the rental car company delivering the car to

the employees residence precludes leaving a personal vehicle in a unsecured

parking lot or someone providing for the employee transportation to the Central

Garage for a fleet vehicle. This outstanding management action should result in

significant savings for the County.

The Central Garage tracks the vehicles’ mileage by department, vehicle

number, mileage, amount of fuel used, date and signature of employee. Entries

must be made each time a vehicle is refueled. These logs are used to schedule

maintenance. All Central Garage vehicles, with the exception of the Sheriff’s Bass

Lake substation, are refueled at the Central Garage. The Bass Lake Sheriff’s

vehicles are refueled at the Bass Lake Substation.

The County has purchased six natural gas powered vehicles in an effort to reduce

pollution and preserve petroleum resources. The cost of natural gas is

approximately 40 cents per gallon below the current price for gasoline. The

County purchases the natural gas vehicles at a cost of only 2% of the total

purchase price with the balance coming from the Air Pollution District. The

problem with the natural gas vehicles is they have a very short range of travel and

refueling stations are not convenient for long trips.

New vehicles that will be Sheriff’s patrol cars are prepared for service by the

Central Garage. Included are the top mounted light bar, safety cage and

communications equipment. Decals are placed on the vehicles through an

agreement with the Tulare County Sheriff’s Department.

The back gate entrance to the Central Garage parking area has an entry key pad

which allows, with the proper code, to open the security gate after regular hours to

pick up/ return pool vehicles eliminating numerous sets of keys being issued.

The Central Garage has used inmate labor in the past to wash and clean vehicles,

however this practice is no longer available. Garage staff and operators are

responsible for washing the County vehicles themselves. Bass Lake Sheriff’s

Deputies wash their own vehicles.

CONCLUSIONS:

The Central Garage, under the current leadership, should be rated as outstanding,

conservative and frugal in budget management and operations. Madera County

taxpayers should be proud of this operation in providing the best support to all

County departments.

Page 3

Central Garage Final Report

RECOMMENDATIONS:

County vehicles should always be maintained in a clean, presentable condition,

not only to demonstrate pride in the County but to display to others that the

vehicles are being cared for properly. The necessity for clean vehicles is very

important, therefore it is recommended:

• The Central Garage be provided with an automatic vehicle washing

system.

• The Bass Lake Sheriff’s Sub- Station be provided with a gas

powered, upscale pressure washer.

RESPONSE REQUIRED:

County Assistant Administrative Officer

Madera County Sheriff

Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON THE

DENIAL OF VARIANCE TO ALLOW EXCESSIVE

LENTH- TO- WIDTH LOT RATIO

INTRODUCTION;

Members of the grand jury were requested to look into the denial of a variance to allow

the creation of parcels in the length- to- width ratio, which would exceed the maximum

allowed by ordinance. The property is located at the North/ East corner of Hwy 41 and

Hummingbird Lane in Coarsegold ( see attachment 1).

FINDINGS:

The environmental assessment by the provisions of the California Environmental Quality

Act ( CEQA), section 15061 ( b )( 3), and, the Madera County Environmental Evaluation

Guidelines, the county has determined that this project will not have a significant effect

on the environment and is exempt from CEQA.

The property involved in this proposal is not subject to a Williamson Act ( Agricultural

Preserve) contract. The applicants have proposed the division of the subject property.

Each of the proposed parcels exceeds that maximum length- to- wide ration permitted by

zoning ordinance ( County Code 18.34.04 oc). A request for a variance from the

ordinance provisions has been submitted to allow the continued processing of the parcel

map.

Under the provisions of the county code chapter 18.106, five findings must be made in

order to approve the variance request. The applicant’s surveyor has provided information

in support of the request. The required five findings are as follows:

• There are exceptional or extraordinary circumstances or conditions

applying to the land, building, or use referred to in the application

which circumstances or conditions do not apply generally to land,

buildings, and for uses in the same zoning district.

• The granting of the application is necessary for the preservation and

enjoyment of substantial property rights of the petitioners.

• The granting of the application will not materially affect the health or

safety of persons residing or working in the neighborhood.

• The granting of the variance shall not constitute a grant of special

privileges inconsistent with the limitations upon the other property in

the vicinity and zone.

• Because of special circumstances applicable to subject property,

including size, shape, topography, location, or surroundings, the strict

application of the zoning ordinance would deprive the subject property

of privileges enjoyed by other properties in the vicinity and under

identical zoning classifications.

CONCLUSION:

It appears the division of the property will not improve its use commercially due to

additional setbacks required from newly created property lines. The future plans indicate

that Hwy 41 will need to by widened in the subject area. Because the property is on a

curve, a deceleration area prior to any driveway would be required to lessen a dangerous

traffic situation. The many issues included in the length- to- wide ratio, minimum average

lot width, additional set back requirements and the future of Hwy 41 in the area makes

approval of this request unacceptable as submitted.

RECOMMENDATIONS:

Recommend the complainants and planning department review the various options that

may be available to determine if a compromise solution can be reached.

RESPONSES:

The Complainant

Madera County planning Department Director

Madera County Building Department Director

Madera County Chief Administrative Officer

Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON THE

MADERA COUNTY DEPARTMENT OF CORRECTIONS

ADULT JAIL

INTRODUCTION:

Members of the Grand Jury toured the Madera County Department of Corrections

( County Jail) on March 17, 2005.

FINDINGS:

Every suspect arrested in the City of Madera or in Madera County is brought to the

Madera County Department of Corrections for processing. Any suspect the Highway

Patrol in the County arrests is also brought to the Madera County Jail. There are three

eight- hour shifts, one officer is allocated per 48 plus inmates. There are 13 officers

per shift. Inmates are checked every 30 minutes or 15 minutes for inmates with

serious crimes or on suicide watch. Inmates are confined until sentenced which can

take one day to 2- 3 years. If the offense is minor, the judge may keep the inmate

there to complete his/ her sentence. Sentenced inmates are sent to Wasco State Prison

until the State decides what prison they are to be sent to for completion of their

sentence. During the classification and booking procedure, inmates are brought in

through a secured gated area and their belongings taken for safe- keeping. New

inmates determined to be sick are sent to a local hospital. If intoxicated, they are

placed in a sobering cell and given a medical code. After classification they are sent

to their assigned cell.

Inmates are provided two cold meals ( breakfast and lunch) and one hot meal ( dinner)

per day in their housing modules.

Female inmates accused of serious crimes wear dark green and males wear red.

Medium security inmates wear blue and trustees wear tan.

CONCLUSION:

There are four housing modules occupied by the general population and the

remaining two are occupied with inmates in the final months of their sentences and

the inmate work crews.

Page 2

Final Report/ Adult Jail

RECOMMENDATIONS:

• The live scan fingerprint model needs to be updated. It would then have a

palm scan and DNA identification.

• Hire and train staff to fill all authorized and funded positions.

• A policy should be put in place where information can be passed on from one

shift to another.

• Reinstate the outside work program.

RESPONSES REQUIRED:

• Madera County Correctional Superintendent

• Madera County Board of Supervisors

• Madera County Probation Department

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON THE INTERACTIONS

AND COOPERATION BETWEEN THE MADERA COUNTY

DEPARTMENT OF SOCIAL SERVICES,

CHILD WELFARE SERVICES AND THE CHUKCHANSI INDIAN

TRIBE.

INTRODUCTION:

California has the highest population of Indian children in the nation. Madera County

and surrounding counties are home to the largest group of Indians in the State with 63

tribes and approximately 35 village sites between Stockton and Bakersfield. ( See

attachment # 1.)

The interaction and cooperation between the County Social Services Department and

Indian tribes in Madera County is crucial in providing culturally sensitive services to

Indian families.

FINDINGS:

Since 2003, members of the Grand Jury have met and worked with the Department of

Social Services and the Chukchansi Tribe Indian Child Welfare Act ( ICWA) Coordinator

to help culminate the following improvements:

• The Department of Social Services ( DPSS), Child Welfare Division Department,

now has a designated ICWA representative who deals with issues regarding the

Indian Child Welfare Act of 1978 ( ICWA) and communicates directly with the

Chukchansi ICWA Coordinator plus the North Fork ICWA Coordinator.

• The Madera County Child Welfare Services is an active member of the Central

Valley Indian task force. In June 2005, together with the Chukchansi Tribe,

North Fork Rancheria, Santa Rosa Rancheria, Fresno County DPSS and other task

force members, hosted the State ICWA Conference in Visalia, California.

• On November 9, 2005, members of the Grand Jury met with the ICWA

Representative from DPSS and the ICWA Coordinator for the Chukchansi Tribe

at which time each agency submitted letters of approval regarding the Grand Jury

Final Report.

Page 2/ Final Report/ DPSS, CWS, and ICWA

• The ICWA representative from DPSS Child Welfare Services and the ICWA

Coordinator have agreed that the latest issues concerning Indian children have

been dealt with efficiently to assure the appropriate outcome for the best interest

of the Indian children.

• As a result of a recommendation by the Grand Jury concerning military recruiters

and Indian children the ICWA Coordinator of the Chukchansi Tribe stated that

Indian children completing the boot camp program has shown very favorable

improvements. These include self- discipline, respecting others, following

directions from others and greater self- confidence. Military recruiters have been

offering Indian children information about opportunities available in the armed

services upon their Boot Camp completion.

• In the effort to find more Indian adults to become foster parents and provide more

homes for Indian children, the ICWA Coordinator is working hard to achieve this

by finding tribal members who are employed at the Chukchansi Casino who

already have the required clearance needed to become a foster parent. Foster

homes in the future will benefit Indian children who need assistance.

• On December 1, 2005, members of the Grand Jury, along with the representative

from the North Fork Mono Rancheria, met with the Madera County ICWA

Representative, the ICWA Coordinator for the Picayune Rancheria of the

Chukchansi Indians to discuss ongoing activities and ideas to achieve progress in

providing Indian children and Indian families with the support and means to

overcome any issues they may encounter.

• A Form JV130 is currently being used by Child Welfare Services ( CWS) for

parents to complete when a child is detained to determine if the child is of Indian

heritage.

• The Madera County Probation Department is working effectively with both the

Chukchansi and North Fork Rancheria tribes.

• A new Indian Community Center, located in North Fork will be opening in

January and will be sharing services with the Chukchansi Tribe.

Page 3/ Final Report/ DPSS/ CWS/ ICWA

CONCLUSION:

In the effort to ensure that Indian children and Indian families are provided with the

culturally sensitive services they might need, the Grand Jury would like to

commend the efforts and progress made over the past year by the ICWA Representative

of DPSS and the ICWA Coordinator of the Chukchansi Tribe.

The Tribe would like to see more foster homes as well as schools on Indian Reservations.

At a symposium in Visalia which consisted of members from all over the State in

Law Enforcement, Judicial Members, Indian Tribal Leaders and prosecutors, they were

immensely impressed with the fact of how well the Indian tribes and the Madera County

Grand Jury were working together for the benefit of all parties concerned. All the tribal

representatives informed us that are unheard of anywhere else in the State.

RECOMMENDATIONS:

• The Tribe needs a social director

• Parenting classes for Indian issues would be beneficial to all parties

• Get Indian children involved in sports

• CWS could use conference calls for staffing saving travel expense.

RESPONSES:

• Chukchansi ICWA Coordinator

• Child Welfare Services/ ICWA Coordinator

• Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT OF THE

MADERA COUNTY JUVENILE BOOT CAMP

INTRODUCTION

Members of the Madera County Grand Jury toured the Madera County Juvenile Boot

Camp on March 11, 2005 pursuant to Penal Code Section 925 charging all grand

juries to investigate “ county offices, departmental functions, operations, accounts and

records, investigations and reports”.

FINDINGS

The Madera County Boot Camp is a structured facility in which youth offenders

( cadets) are placed in a militaristic type- training environment where they are taught

discipline and respect for others.

The original idea behind the boot camp was a maximum two- year program in which

most cadets would be released before six months. The program is based upon

military concepts in which they wake up at 0400 hours, participate in a structured

physical fitness program and by 0500 hours they clean up and go to the dining facility

for breakfast. After breakfast they are then marched to one of three classrooms for

educational instruction. They have only 12 computers for student use at this time.

They also have various work details and additional physical training.

The facility has the capacity to house up to 64 cadets ranging in age from 14 – 18

years. Housing areas have barrack- style sleeping rooms, classrooms, dayrooms, an

infirmary and a large outside drill area. The housing units are segregated by gender.

This facility is immaculate, thanks to “ attention to detail” that is part of the structure

given to the cadets

The staff consists of 22 detention officers, four deputy probation officers, one

administrative assistant , one commandan/ superintendent, and several extra help .

detention staff, The officers receive an initial 200 hour training course followed by a

minimum of 24 hours additional training each year. The facility did have an on- staff

counselor available that would help to follow the after- care and progress of each of

the cadets released from the program. However, due to budget reasons the position

was cut and now the cadets are returned to their old environment without any special

attention from a counselor.

Final Report/ Juvenile Boot Camp

Page 2

The cadets are not permitted to speak without permission. Their posture is erect with

eyes forward and they move from place to place in formation. When they participate

in drills they are lead by a senior cadet. The cadets wear uniforms with colored

t- shirts that designate their level of progress within the program or their security

status.

Medical care is provided under private contract and nurses are available from the

nearby Juvenile Hall.

CONCLUSION

The Grand Jury finds the Juvenile Boot Camp is an impressive facility with a highly

professional and dedicated support staff.

RECOMMENDATIONS

• For the safety of the cadets and staff, funds should be allocated for additional

staff in order to keep the facility running effectively. This should include a

qualified counselor.

• Military recruiters should be encouraged to recruit eligible boot camp

graduates.

RESPONSES REQUIRED

• Madera County Juvenile Boot Camp Commandant

• Madera County Probation Department

• Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA COUNTY

JUVENILE DETENTION CENTER

INTRODUCTION

The members of the Madera County Grand Jury toured the Madera County Juvenile

Detention Center, pursuant to Penal Code 925 which charges the Grand Jury with

investigation of “ County offices, departmental functions, operations, accounts and

records, investigations and reports”.

FINDINGS

The detention facility is approximately three years old and is located at 28219

Avenue 14. The facility has a maximum capacity of 70 juveniles within four separate

housing modules and two administrative segregation units. At the time of our visit

the population was 36 males and 8 females. The facility was designed to enable an

expansion of up to two additional modules which would take the maximum capacity

to 130.

The juveniles housed at the facility may be anywhere in the legal process from

arraignment, preliminary hearing, disposition or additional supervision ordered

through the Juvenile Courts. At the time of our visit a female victim was being held

at the Detention Center for protective custody as a result of threats of violence against

her by persons involved in her case. Juveniles who are under the influence of either

narcotics or alcoholic beverages are not immediately admitted into the facility but

rather taken to an area hospital until sober and escorted by an officer.

Each housing unit is a self- contained facility with rooms that include a dormitory,

medical evaluation area, counseling, laundry, shower and classroom. This reduces

movement within the facility to prevent escape. There is one television in the

recreation area controlled by officers in the module. There is an exercise yard that is

totally enclosed, where the juveniles can spend time outside. Money is being

allocated from their budget to have non- slip paint placed on the floor in the shower.

Each juvenile is issued three sets of clothing: one is worn, one is in their room and

one is in the laundry. They are responsible for keeping their clothes clean.

Medical care is provided under contract through a private agency. Two full- time

nurses are on duty 12 hours a day, seven days a week, and a doctor visits once a week

However if needed medical staff is available 24 hours a day through Madera

County Department of Corrections ( DOC) or as an on- call service.

There are 32 detention officers that include full- time and part- time personnel. one

administrative assistant, one office assistant, one superintendent, and several extra

help detention staff.

The Madera County Office of Education provides teachers for academic and physical

education. Other than schoolbooks, the juveniles were in need of additional reading

material for their educational benefit. One staff member took it upon herself to seek

donations from the community in order to secure additional reading material such as

novels, biographies, history books, science fiction and other fiction and non- fiction

books. They were able to start a mini- library through the donations received;

however, more are needed.

The administration places a heavy emphasis on staff training as they are mandated by

the State to meet a minimum amount of hours for each officer. Most of the training is

done in- house due to budget constraints. The officers are required to have 24 hours

of training and the sergeants are required to have 40 hours of training per year.

The current finger print system is inadequate and time consuming.

CONCLUSION:

The Grand Jury found the juvenile facility to be spotless, well run and maintained. It

was evident the staff is dedicated to ensuring the safety and security of the juveniles.

If it were not for the “ part- time” staff the facility would be hard pressed to operate

effectively. There is a significant turnover among the staff due to low pay.

RECOMMENDATIONS:

1. The Superintendent should be granted the funding for adequate staffing.

2. Update the live- scan fingerprint system.

3. Establish a petty cash fund for low cost emergencies with receipts.

RESPONSES REQUIRED:

• Madera County Juvenile Detention Facility Superintendent

• Madera County Probation Department

• Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT OF THE

MADERA COUNTY LIBRARIES

INTRODUCTION:

On March 23, 2005 the County Committee of the Grand Jury visited the Madera County

libraries in Madera and Chowchilla.

FINDINGS:

Like many other agencies the libraries are short of funding. The facilities are too small and

there are issues with maintenance. An exception is the new Chowchilla Branch.

The libraries are understaffed and more books are needed. Volunteers can only be used to

a certain extent because there is a significant amount of confidential information in the

computer system. As a result of budget cuts, operating hours and days have been

decreased approximately 20 hours.

In 2004 approximately $ 10,000.00 worth of books were lost and either never returned or

destroyed. Fines are imposed for overdue books and when the fine amount exceeds the

value of the book, the borrower is listed on their computer network as an unauthorized

user. Ultimately the overdue fines are sent to collections and the monies recovered go to

the County General Fund.

We found safety issues to be in compliance, such as: five legs on secretarial chairs and

exit signs lighted. Those signs that were one foot off the floor were also lighted and visible.

CHOWCHILLA LIBRARY:

While conversing with the Chowchilla librarian, the Grand Jury learned that $ 8,000.00 to

purchase the security gates and the $ 3,000.00 for the demagnetizer was earned by the

“ Friends of the Library” by selling prepared lunches or dinners to the community. Funds

from this fund- raising committee purchased a new computer system and books.

The summer reading program is quite impressive. The story- teller dresses in costume for

“ story time”. This year 230 youngsters attended this event. The summer reading program

offers prizes - $ 5.00 in gifts for five books read and the gifts can be accumulated. The

books read by a child are monitored and listed by the mother. The Grand Jury learned of

an eight year old who read 300 books. Her mother checks out 20 books at a time for her to

read.

Page 2

Final Report/ Libraries

This year 3,000 books were checked out which is double last year’s count.

Children cut out pictures of service men, bring them to the library and explain to the group

what these men do.

Foreign Exhange students use the computers to send and receive e- mail from their native

countries. The library will teach inquiring students or citizens how to use the computers.

This library is short staffed by one part- time person.

MADERA LIBRARY:

The safety features were in compliance.

The librarian requested a voice mail system to handle incoming calls requesting basic

information such as operating hours and location. This request had been denied previously

in favor of a “ personal touch”. Unfortunately this only added to the problem created by

understaffing.

The Madera Branch is also in need of a security patrol due to a high volume of

undesirables frequenting the area, sometimes inside the library.

Building maintenance such as repairs, painting and windows need to be addressed. The

contract maintenance firm does not do an adequate job. The former maintenance firm was

discontinued due to unacceptable work and the current maintenance firm hired the

employees from the former company resulting in the same conditions.

The overall management by the Madera County Library Staff was knowledgeable and

efficient, but they need more funding.

RECOMMENDATIONS:

1. Assess the feasibility of random security patrols at the Madera Branch.

2. Revisit the need for a voice mail system in the Madera Branch.

3. Provide one more full- time employee in Madera and one part- time employee in

Chowchilla.

4. We recommend that funds collected from fines be returned to the respective libraries

and not the General Fund.

RESPONSES REQUIRED:

Madera County Head Librarian

Chowchilla Librarian

Madera Board of Supervisors

Madera County Sheriff’s Department

Zak’s Security

2005- 2006 Madera County Grand Jury

P. O . Box 534

Madera, California 93639- 0534

THE 2005- 2006 MADERA COUNTY GRANDJURY

FINAL REPORT ON THE

MINI STORAGE FACILITIES AND SEGMENTAL

RETAINING WALLS IN COARSEGOLD

INTRODUCTION:

In response to complaints regarding the segmental retaining walls at the “ 2- T’s mini

storage facility located at the intersection of Road 415 and Hwy 41 in Coarsegold,

members of the grand jury were tasked to verify the retained heights and to observe the

localized cracking and “ bulging” of the lowest retaining wall blocks.

FINDINGS:

The hillside is retained by a total of three ( 3) segmental walls that terrace up the hillside.

The lowest retaining wall is approximately 19 to 20 feet in height; middle wall is set back

approximately 3 feet behind the top of the lowest wall and retains about 11 to 12 feet.

The upper retaining wall is approximately 6 feet behind the top of the middle wall and

retains approximately 10 feet. The hillside then slopes up from the top of the upper most

wall at an assumed 2: 1 ( horizontal/ vertical) slope. The slope then levels to the storage

facility. The 1st storage building is located approximately 2 feet from the top of the slope.

Many block units are cracked along the front face of the wall. The majority of the cracks

occur at the lower retaining wall, although, cracks were not limited to this area. The most

sever cracking has occurred at the location where a bulge in the wall is quite visible. The

bulge appeared to occur at the tallest6 section of the retaining wall just prior to its slope

up the hillside. The bulge begins at the 2nd course of blocks from the bottom and extends

up the wall several courses for a length along the wall of approximately 8 to 10 feet. It

appears to protrude 6 to 8 inches maximum beyond the face of the bottom course. The

Madera County Planning Department told Grand Jury members that the retaining wall

was not constructed in accordance with the approved plans. Subsequently the wall was

constructed 4 feet 6 inches onto the adjoining property.

At the time of this report the Madera County Planning Department will not issue a

certificate of occupancy until the corrections are made.

The causes of the block fracturing and wall bulging include:

- Improper engineering

- Improper construction

- Defective materials ( i. e. green blocks)

- Build up of hydrostatic pressure behind the wall ( moisture)

- The first course of block at the base of the bulging wall was “ keyed” into the

base footing through the use of wedge anchors or “ redheads”. Thus, the

bottom course could not move horizontally with the rest of the wall causing

the bulge to occur at the courses above.

- Some slack was left in the “ geogrid” behind the wall. This slack would allow

the horizontal movement of the wall.

- The storage building at the top of the hillside is applying additional pressure

on the lowest retaining wall. It is unknown if this was taken into

consideration in the design of the segmental walls.

- In a complete wall failure, the likelihood is that the whole hillside will come

down causing disruption of traffic within the area of Hwy 41 and Road 415.

- According to the manufacture, this type of block requires a minimum of 21

days drying time. These blocks were used in constructing the wall 7 days

after they were made.

- Construction was not started on a firm foundation of bed rock.

CONCLUSION

Segmental walls are designed and constructed with reinforcing grids

(“ Geogrids”) that extend into the hillside behind the wall. This was not done

per the approved plan.

- Rock- dowels have been designed for overturning resistance to sliding of the

wall, but this has not been done. Providing another row of rock dowels along

the toe of the footing would resist the sliding forces of the wall.

- Determining the cause of the cracking and bulging may be appropriate action,

but will not change the fact that some form of retrofit or shoring is necessary

to insure the future stability of the hillside.

- The builder erred when his surveyor used the wrong property marker and

subsequently constructed the wall on 4 feet 6 inches of the adjoining property.

- The Madera County Building Division wrote correction notices for work that

was not in compliance with the approved plans. The builder has not come

into compliance at the time of this report.

RECOMMENDATION

The property line dispute should be resolved in order for corrective measures to be taken

to remedy the situation.

Consider the recommendations submitted by the Madera County Planning & Building

Departments to satisfactory resolve the present condition of the wall.

RESPONSES:

Madera County Supervisor – District 5

Madera County Planning Director

Madera County Chief Administrative Officer

Madera County Board of Supervisors

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

MADERA COUNTY PLANNING DEPARTMENT

INTRODUCTION:

The Planning Department is one of five departments within the Resource Management

Agency. The Department is involved in the review, processing and monitoring of

development in Madera County. They are responsible for planning, zoning/ development

procedures, re- zoning, use permits, variances, specific plans, parcel maps, subdivision

permits and appeals. They also make recommendations to the Board of Supervisors.

The Planning Department serves as staff to the Planning Commission that consists of five

members representing each of the Districts within the County. The Commission reviews

and acts on development projects and makes recommendations to the Board of

Supervisors.

FINDINGS:

The Department performs the following services:

• Advises on matters involving planning, zoning, land use, subdivisions,

transportation, road standards and prepares maps and study material.

• Serves the County Airport Land Use Commission, Local Agency Formation

Committee ( LAFCO) and Development Review Committee.

• Provides information to the general public on current trends and requirements for

development of property in the County.

• Serves as contact with the U. S. Census Bureau for population projection and

demographics.

• Makes recommendations for approval of subdivisions and parcel maps

• Assigns addresses and street names to all residences and businesses in the

unincorporated areas of the county.

• Issues outdoor event permits

• Responsible for code enforcement throughout the county.

• Reviews and signs- off on all building permit applications.

Page 2/ Final Report/ Planning Department

• Administration of the State Planning Act.

• Reviews and signs- off on all business licenses and checks on compliance.

• Implements County housing programs.

Some of the major projects the Planning Department is working on are:

• Ahwahnee Architectural Standards

• Temporary road- side stands

• Bee keeping ordinances

• Grading ordinances

• Area Plans

- Coarsegold

- Raymond

- Chowchilla

- North Fork

- San Joaquin River crossing

Projects that are in development are:

- Rio Mesa

- 99 Corridor

- Madera Sand and Gravel Quarry

- Raymond Mobile Home Park

- Dairy Standards

- Monitoring of dairy regulations

- New Development Impact Fees

- Capital Improvement Program

- Code enforcement of Abandoned Vehicle Program

CONCLUSION:

The Department functions as the planning agency for the unincorporated areas of Madera

County processing zoning permits and subdivision applications. Prepares policies and

programs that promote land use policy established by the Board of Supervisors and

reviews construction permits for development and maintains an enforcement program and

issues citations for violation of land use.

RECOMMENDATIONS:

Make every effort to expedite processing of all types of permits.

RESPONSE:

County of Madera Planning Department

County Administrative Officer

Board of Supervisors

• 2005- 2006 Madera County Grand Jury

• P. O. Box 534

• Madera, California 93639- 0534

• ( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA COUNTY PROBATION DEPARTMENT

INTRODUCTION:

The Madera County Probation Department is responsible for providing the

Court with pre- sentence investigation reports for all felony cases whether the

defendant is or is not eligible for probation. The Court for pre- sentence

investigations refers these cases to the Probation Department. Misdemeanor

cases for formal probation are also referred for pre- sentence investigation. In

all felony cases the Penal Code mandates sentencing set forth in the Judicial

Council rules. These rules assist the trial judges in determining facts relating

to the defendant and the offense.

BACKGROUND:

The Probation Department has support divisions, they are:

Adult Services Division:

• The division is responsible for supervision and support services for

all adults sentenced to formal probation by the Superior Court.

• Their primary goals are:

o Protection of the community

o Enforce terms and conditions of probation

o Assist offenders to change their criminal activity

and behavior in order to become a productive part of society.

Juvenile Detention Facility:

Responsible for operation and administration of the Juvenile Hall, a place

of detention for juvenile offenders taken into custody within provisions of

Juvenile Court Law. These offenders are detained for their protection and

the protection of the community, pending final disposition of their cases.

Programs include:

• Temporary detention

• Holding for other agencies

• Various lengths of detention and care

• Treatment programs

• Full- time school for continuation of education

Page 2/ Final Report on Probation Department

JUVENILE BOOT CAMP

This 60- bed facility began operation in 1997. The camp’s objective is to

instill, by military protocol structure, discipline and accountability while in a

correctional environment. The camp program provides intervention,

education and family involvement in the rehabilitation process.

There are four probation officers allocated to the Boot Camp, one of which

is unfunded until FY 2006- 2007.

JUVENILE SERVICE DIVISION

The Juvenile Division oversees all juvenile matters referred to the

Probation Department by other law enforcement agencies in Madera

County. The Division is comprised of 14 sworn officers. The Division has

officers at Juvenile Hall, Oakhurst and numerous school campuses.

Intake officers handle all referrals from law enforcement agencies for

offenders under 18 years of age, those who are beyond parental control,

curfew violators, truants and runaways. During 2004 – 2005 intake

officers handled 1,953 referrals. These officers also represent the

Probation Department in Juvenile Court proceedings.

FINDINGS:

The Probation Department is diligently working with offenders, especially

juveniles, in preventing criminal activity. In collaboration with the courts,

schools, mental health, social services, law enforcement and community

organizations have developed a variety of prevention and intervention

programs to strengthen family units, suppress gang activity, substance abuse

and create programs to get offenders on the road to becoming productive

members of the community.

• To effectively perform their duties, probation officers must have the

support of all citizens and be able to maintain inter- agency relations

at all levels.

• Currently there are 3,000 adults and 1,000 juvenile offenders on

probation in Madera County.

• A Probation Officer stationed permanently at Madera High School

creates a positive presence to students. He consults with students

and assists the Madera Police Department with any matters that

need assistance.

• A juvenile, immediately after arrest, goes directly to Juvenile Hall

where an intake officer is notified and assigned to the individual.

• A juvenile does not automatically go off probation at age 18. They

may be kept on probation longer if they need to complete their

education, pay any fines due, find employment or to satisfactorily

complete their probation.

Page 3/ Final Report Probation Department

CONCLUSION:

• To meet the increased complexity of probation work, especially in

the facilities, depends on the ability to attract, train, develop and

retain a qualified work force.

• Recent budget cuts have had a major impact in the overall

operations and goals of the department.

RECOMMENDATIONS:

• Develop new or enhance existing programs to provide efficient and

better services to all offenders and to the community.

• Allocate funds to fill some of the many vacancies that exist in the

department.

• Increase salary structure in an attempt to become competitive with

the various nearby counties.

RESPONSES:

• Chief Probation Officer

• Juvenile Hall Superintendent

• Boot Camp Commander

• Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE MADERA COUNTY PUBLIC DEFENDERS OFFICE

INTRODUCTION:

Since 1988 a private law firm has served as the public defender and alternate public

defender for Madera County. The firm contracts with the county to provide legal

representation to people charged with criminal offenses that are unable to afford to hire

private counsel. The U. S. and California Constitutions guarantee counsel in a criminal

case. They represent these people from the time the court appoints them until the

conclusion of the case. They do not do appellate work.

FINDINGS:

1. The main office has 7- ½ attorneys, 1- ½ investigators and 3 clerical

employees.

2. The Madera Alternate Defense ( MAD) has 4 attorneys, 1 investigator and 1-

1/ 2 clerical employees.

3. The firm contracts with four independent attorneys when one of the other

offices cannot handle a case due to a conflict of interest.

4. The attorneys handle a variety of cases. The majority are criminal cases and

most are misdemeanors.

5. The office also handles:

- Juvenile delinquency cases

- Juvenile dependency cases

- Family support cases

- Conservatorship cases

6. In 2004 the main office handled 5,986 cases while the M. A. D. handled 737

cases. The private contractor handled 276 cases ( See attachment 1).

7. The firm performs the services for a flat fee paid by the county.

8. Once the case is assigned, the attorney contacts the client whether in or out

of custody. They then determine whether or not an investigation is

necessary. If so, it is done by the investigators on staff.

9. Each attorney interacts with the Madera County District Attorney’s office to

determine the disposition of each case.

10. The vast majority of cases are resolved by mutual agreement, i. e. plea-bargaining.

When such as disposition is not available, the firm will proceed to

trial on behalf of their client.

11. The attorneys represent the client from arraignment through sentencing.

12. Attorneys must assure that the client’s rights have not been violated and all

provisions of the U. S. and California Constitutions have been followed.

13. The firm maintains a panel of attorneys who are qualified to handle death

penalty cases.

CONCLUSIONS:

1. The attorneys comply with legal education requirements of the California

State Bar Association.

2. The firm provides seminars four times a year for their attorneys.

3. The firm is responsible for all costs of doing business, i. e.- rents, salaries,

benefits, and insurance.

4. The county pays only the annual fee in monthly installments.

RECOMMENDATIONS:

None

RESPONSES:

County of Madera Public Defenders Office

County of Madera District Attorneys Office

County Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

REPORT ON THE

MADERA COMMUNITY HOSPITAL

INTRODUCTION:

Members of the Madera County Grand Jury toured the Madera Community Hospital

facilities on January 11, 2006 and on February 09, 2006. The Grand Jury interviewed the

hospital’s Chief Executive Officer on three separate occasions and interviewed the

hospital’s Chief Financial Officer and Head of Nurses. The Grand Jury reviewed

accreditation/ evaluation reports of the Madera Community Hospital by the Joint

Commission on Accreditation of Healthcare Organizations ( JCAHO), by the Madera

County Department of Health and Human Services and meeting minutes, hospital policy,

financial reports, staffing/ salary information and the Emergency Preparedness

Management Plans.

The Chief Executive Officer was new in the position, coming from another hospital; he

assumed this position in September 2005. He was most cooperative with the Grand Jury

during its review and investigation of the Madera Community Hospital. The JCAHO

utilized 3 medical doctors and 1 registered nurse in their evaluation survey of the Madera

Community Hospital on July 16th, 17th, and 18th 2002. The Department of Health and

Human Services surveyed and evaluated the hospital during the same period, July 15-

19th, 2002

FINDINGS:

JACHO reported the results of the evaluation of the hospital in their official accreditation

decision report. The hospital was awarded “ Accreditation with requirements for

improvement”, which was contingent upon compliance with type- 1 recommendations in

the JACHO report. These type- 1 recommendations referred to the hospital’s deficiencies

in the areas of:

• Medication use

• Directing departments

• Implementation

• Assessing competence

• Patient- specific data and information

Some of these deficiencies concerned:

• Leaving a syringe of ephedrine unattended on an anesthesia cart

• Medication cart drawers not locked

• Access to pharmacy by nurse supervisor not restricted to specific medications

• No consistent accounting for dispensed sample medications

• Food and medication refrigerator temperatures outside acceptable ranges

• Outside contracts had lapsed for 6- months for preventive maintenance on

equipment such EKG monitors, fetal heart monitors, ICU monitors, PCA

pumps

• Lack of documentation for competency assessment for three hospital

technicians

• Some patient records did not include all significant medical diagnosis and

conditions

• Many medical records contained entries that were not legible

There were other supplemental recommendations made. Two of these JACHO

supplemental recommendations stated, “ during a tour of the pharmacy, it was noted that

combustible materials such as boxes, plastic binders etc. are stored on shelving which

was approximately 4 to 8 inches from the lights which are on continuously from

7: 00A. M. to 9: 00 P. M”., and that, “ access to the emergency department by handicapped

individuals is impeded by lack of assisted door openers in the emergency department”.

The hospital was required to provide JCAHO with a written progress report within six

months to address correction of the type 1 recommendations. The hospital did report to

JCAHO on how they would correct the deficiencies and in a letter dated March 31st, 2005

stated; “ Based upon the written progress report which you submitted, the type 1

recommendations previously placed upon your accreditation status… has been removed”.

The hospital thereby maintained its three year JCAHO accreditation from July 19th 2002

through July 2005. The Department of Health and Human Services also surveyed the

hospital on July 13- 17th, 2002. Their 64- page evaluation report noted similar types of

deficiencies. The hospital responded with a plan of correction.

Prior to the end of the 3- year JACHO accreditation period, the hospital discontinued

JCAHO as their evaluating agency and contracted with the American Osteopathic

Association ( AOA) for evaluation and accreditation. The AOA surveyed the hospital on

May 24- 26, 2005. Comments of the AOA deficiency report included:

• Library committee not functioning

• Tumor Evaluation Committee/ Board not functioning

• Supplies routinely noted to be inappropriately stored

• Treatment attempted prior to arrival is not documented on “ walk- in” patients

• Nursing does not develop any problem list or POC

• No logs kept in ER

• Radiology keeps lists of X- rays, but no follow- up information for patient

care/ interventions

• Post anesthesia follow- up reports were not written within 48- hours after

surgery in greater that 20% of cases reviewed

On September 2, 2005 the hospital provided AOA with the Response and Report of

Corrective Action, which was accepted by the AOA. On September 14, 2005 AOA

granted the hospital a three- year accreditation.

The Department of Health and Human Services surveyed the hospital on July 13, 2005

and provided the hospital with deficiencies noted during the survey. On August 9, 2005

the hospital returned a Plan of Correction of the deficiencies to the Department of Health.

During the Grand Jury tour of Madera Community Hospital on January 11, 2006, a room

labeled medication/ supply room with a coded push button entry lock was found

unlocked. In the emergency room, drawers of several medical supply carts were found to

be unlocked. During the Grand Jury tour on February 9, 2006 the same

medication/ supply room was again found to be unlocked and medical supply carts

in the emergency room were also found unlocked. This had been noted in the 2002

JCAHO report and remains uncorrected in 2006. During both tours of the hospital the

Grand Jury, noted storage along the walls on both sides of the hallways throughout the

hospital. This included large pieces of medical equipment, beds, wheelchairs, cleaning

carts, and medical cabinets. This appears to be a hazard.

When touring the hospital pharmacy on February 9, 2006 the Grand Jury noted boxed

and combustible material stored on top of shelving close to the ceiling lighting. This fire

hazard had been noted in the 2002 JCAHO evaluation report and still remains

uncorrected. When touring the hospital emergency department, the entry doors were

found propped open. The Grand Jury was told that these doors do not have automated

openers. In the open position these doors allow easy access to handicapped person as

requested in the JCAHO report. These doors function as a fire doors and should not be

propped open as an alternative to having automated doors. During the Grand Jury tour of

the hospital, a separate portable building was used as a childcare center was observed.

The three rooms in this facility had children’s learning and play areas. An attendant was

in charge and explained the children were cared for while their parents were receiving

medical care at the hospital. There is no charge to parents for this service.

The Grand Jury observed the two- year old emergency department, which was modern

and well equipped. Volunteers were observed at information areas providing assistance

to people coming into the hospital. During the tour the grand Jury observed a hospital

room where two female inmates from the women’s prison were receiving treatment.

Several prison guards were securing the area.

During a review of hospital reports and minutes and through interviews with the Chief

Executive Officer, the Chief Financial Officer, Head of Nurses and other staff, the Grand

Jury found the following:

• The 19 members of the Hospital Board of Trustees are from the City of

Madera and do not represent Madera County.

• Over a five- year period the cost of uncompensated Medicare and charity cases

was $ 22,566,000 ( see attachment “ A”).

• There is a shortage of nurses and at times traveling nurses must be hired at a

much higher cost than the hospital nurses.

• The State Seismic Retorfit Bill ( SB 1953) requires that the hospital much

comply by the year 2030.

• The current method employed by the Chief Financial Officer in investing

hospital funds is to allow local brokerage firms and local banks to invest in

certificates of deposit at interest rates as recommended by the above.

The Madera Hospital participates in the Paradigm Program with Fresno City College, St.

Agnes Medical Center, Kaiser Permanente, Valley Children’s Hospital, and University

Medical Center. Madera Community Hospital sponsors local high school graduates who

work for the hospital in some capacity and are recommended by the director. The

hospital pays for tuition, books and supplies for nursing students in this two- year program

and in turn the students commit to working 2- years as nurses for the hospital after

graduating. If the student does not work for the hospital after graduation, they are

required to repay the hospital up to $ 15,000 for the training. Madera Community

Hospital currently has 30 student nurses in the program.

CONCLUSIONS:

The Madera Community Hospital is commended for:

• Sponsoring a student- nursing program.

• Acquiring a $ 600,000 federal grant during the last 3- years for the nurses

training program.

• Automating hospital patients’ medical records so that hospital staff has this

information available as needed.

• The new emergency department facility to serve the emergency medical needs

of the community.

• Acquiring and maintaining a Magnetic Resonance Imaging Appratus ( MRI),

thus eliminating the need to have patients travel elsewhere to receive this

service.

• Going to a partially self- insured workers compensation program, which saved

approximately $ 1.5 million over a 3- year period.

• Maintaining a good hospital volunteer program that assists in the smooth

functioning of the hospital and together with the Madera Community Hospital

Foundation raises $ 100,000 for specific hospital equipment.

• Providing free childcare services for parents while parents receive medical

services at the hospital.

RECOMMENDATIONS:

• The Board of Trustees seek out and recommended for appointment to the

Hospital Board, candidates who represent all areas of Madera County.

• The hospital carry out an intensive study on the feasibility of seismic retrofit

and/ or the building of new hospital facilities including projections of

anticipated population growth and facility needs with a timeline for planning

and phasing in facility improvements.

• Nurses’ medicine supply carts be kept locked and that medical supply rooms

with coded keyed locking entry systems be kept locked.

• The Chief Financial Officer take a more active role in seeking out and

securing higher interest rates on investments of hospital funds. Also, do a

comprehensive analysis of bank interest rates to insure the highest safe

interest income for the hospital and report the findings of the accounts on a

monthly basis.

• Remove all combustible materials piled up above the storage shelving in the

hospital pharmacy.

• Make an effort to find adequate and proper storage of hospital equipment.

• The emergency room entry doors to be automated to provide easy access and

to allow those fire doors to be kept closed.

• Raise the salary of current nurses, provide bonuses to attract new nurses and

continue to provide improved benefits,

• Continue to support the student- nursing program and advertise the availability

of the program.

• The hospital contact their former nurses with questionnaire to determine

whether the reasons they left related to:

o Personnel problems

o Administrative problems

o Lack of opportunities for advancement

o No system for addressing grievances

o Improper or dangerous hospital procedures

o Poor working conditions

o Salary and benefits

o Other conditions the hospital should address

• Contact the California Department of Transportation and seek additional

signage along the highway to help direct traffic to the hospital entrance.

• Improve hallway and nurses’ station lighting on the second floor.

• Department of Health and Human Services follow- up periodically to ensure

that the hospital has actually made the corrections of deficiencies that the

hospital stated it had corrected.

RESPONSES:

Madera Community Hospital Board of Trustees

Madera County Board of Supervisors

California State Department of Health and Human Services Health Care Financing

Administration

California Department of Forestry ( Madera City Fire Department)

Chief Executive Officer of Madera Community Hospital

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY’S

FINAL REPORT ON

CITIZEN COMPLAINT FORM FILED BY HOMEOWNERS

OF THE HOME RANCH ESTATES IN MADERA

INTRODUCTION

The Madera County Grand Jury received a Citizen Complaint signed by 48

homeowners of Home Ranch Estates stating that from 2002 to the present time, they

were told a full recreation park including ball fields, volleyball courts, basketball

courts and picnic area would be constructed.

The homeowners state that the builder advertised the park as such when they

purchased their house. They also stated that they paid a development fee towards this

park. The complaint states they either want the park built as advertised or the money

they paid in fees to build the park returned to them.

FINDINGS

After interviewing representatives of the City of Madera, the Federal Aviation

Administration, Berry Construction and Madera Municipal Airport, the Grand Jury

came to the following conclusions:

1. The FAA will not allow the park to be built as advertised because the area

designated for the park is within the RPZ ( Runway Protection Zone, see

attachment 1).

2. The FAA has approved an alternate plan that could be constructed in the same

designated area. It would include a 12- foot wide cement walkway running

south on Glade Avenue, east on Cleveland Avenue then south on Granada

Avenue. It would include trees along the entire length with several concrete

seating areas along the way.

3. The City of Madera purchased the property in question from Berry

Construction in 1996. It was purchased with funds obtained from an FAA

grant.

3a. Upon acceptance of the grant, which included the purchase of land and

other airport improvements, the City had to adhere to the regulations set

forth by the FAA.

4. There was no agreement between the City of Madera and Berry

Construction to build the park as advertised.

Final Report Home Ranch Estates

Page 2

5. The City of Madera may possibly agree to build the alternate park if a source

of revenue can be found to pay for the maintenance.

6. Impact fees collected from the homeowners for parks and recreation can only

be used for construction, not maintenance.

7. Fees collected from homeowners go into the Parks and Recreation Capital

Impact Fee Fund to be used only for Parks and Recreation capital projects

throughout the city.

8. Impact fees collected from homeowners of Home Ranch Estates ranged from

a minimum of $ 692.25 to a maximum of $ 2,170.00 representing an

approximate total of $ 188,000.00. The amounts varied due to the fact that the

City Council approved increases of the fees.

CONCLUSION

1. The City of Madera will not be able to construct the park as advertised by

Berry Construction.

2. The fees collected for Parks and Recreation go into the Department’s Capital

Impact Fund and can only be used for City Parks and Recreation capital

projects and when collected are not designated for a specific project.

.

RECOMMENDATIONS

1. That the City of Madera build the alternate park with funds from the Parks

and Recreation General Fund.

2. A source of revenue should be found to pay the maintenance fees of the

alternate park.

3. Berry Construction allocate approximately 10 acres in proximity to the Home

Ranch Estates to build the park as advertised to potential homebuyers.

3a. That Berry Construction provide maintenance for said park.

3b. That Berry Construction remove the signs that advertise the park to

potential homebuyers. The signs should reflect the accurate park facility

as approved by the FAA.

4. Homeowners to file a complaint with the appropriate agency in order to have

the matter resolved and take appropriate action to settle the dispute to their

satisfaction.

Final Report of Home Ranch Estates

Page 3

ENTITIES TO RESPOND

1. City of Madera, Chief Administrative Officer

2. City Parks Department

3. Federal Aviation Administration

4. Berry Construction Company

5. Madera Municipal Airport Manager

1 Acth – Map of Runway Protection Zone ( RPZ).

2005- 2006 Madera County Grand Jury

PO Box 534

Madera, California 93639- 0534

( 559) 662- 0946

THE 2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

THE OFFICE OF EMERGENCY SERVICES/ CIVIL DEFENSE

INTRODUCTION:

Members Of the Madera County Grand Jury visited with the coordinator of the Office of

Emergency Services ( OES) on July 18, 2005. The coordinator noted that the last

visit/ inspection by the Grand Jury was in 1998.

FINDINGS:

Originally, SEMS ( Standard Emergency Management System) provided the guidelines

for emergency services, however, since 9/ 11 a Presidential Directive established NEMS

( National Emergency Management System). This program has been enacted but specific

guidelines are yet to be published. NEMS designates all county employees as emergency

workers. FEMA ( Federal Emergency Management Agency) provides the emergency

disaster training. Instructors from Alabama are available to come to each county to

provide training. Managers and or directors may go to Alabama for more detailed

training.

Emergency services can be initiated for any type of disaster. Five elements are present in

any disaster exercise or real event: management operations, logistics, finance and

planning. Each county has a representative for disaster planning and various elements

may be provided for by other counties. For example: Merced County has HAZMAT

capability and can be called upon by Madera County if required. There have been three

exercises so far this year 2005. The next scheduled exercise involves the Health

Department. It will be an inoculation test, an attempt to simulate providing 70,000

inoculations. Other planned exercises include dam failure and medical and or chemical

spills. RIMS, a computer program used for communications, provides information to the

State i. e. the event, number of people killed or injured and other pertinent data.

The OES Coordinator is a one- man operation with office space provided in the Sheriff’s

Department building. The Emergency Operations Center ( EOC), when required, is held

in the Sheriff’s training room. However, the number of staff required for any exercise or

event creates a crowded and noisy environment. The OES Coordinator is planning for a

separate building. Funding may be a problem as many of his operating funds come from

the State.

Page 2/ Final Report/ Office of Emergency Services

CONCLUSION:

The OES Coordinator is getting the job done. The Federal Government needs to expedite

clear NEMS guidelines.

RECOMMENDATIONS:

The OES Coordinator should continue to plan for the new EOC and seek new grants.

RESPONSES:

OES Coordinator

Madera County Sheriff

Board of Supervisors

2005- 2006 Madera County Grand Jury

P. O. Box 534

Madera, California 93639- 0534

( 559) 662- 0946

2005- 2006 MADERA COUNTY GRAND JURY

FINAL REPORT ON

VALLEY STATE PRISON FOR WOMEN

Introduction

On March 7, 2005, the Madera County Grand Jury toured Valley State Prison for Women, an

institution of the California Department of Corrections, pursuant to the duty to “ Inquire into

the conditions and management of public prisons within the County as prescribed in Section

919b of the California Penal Code.”

Findings

Valley State Prison for W