1 August 17, 2022
Honorable Stephen W. Berrier, Presiding Judge
Yuba County Superior Court
215 5th Street, Suite 200
Marysville, CA 95901
RE: Response of the Marysville City Council to the final report of the Yuba County Grand Jury (“YCGJ”) 2021-2022 (pages 29-43)
Pursuant to California Penal Code sections 933 and 933.05, the City Council (“Council”) of the City of Marysville (“City”) hereby submits its formal response to the 2021-2022 Grand Jury Final Report (“Report”) on the Historic Marysville City Cemetery (“HMCC”).
The Council respects the important role of the Yuba County Grand Jury, and respectfully provides the following responses:
I) Introduction
The Council’s primary responsibility is to act in the best interest of the citizens of Marysville. The Council has major commitments to residents of the community, business owners, City employees, the Federal Government and the State of California as well as adherence to the Marysville Charter, its Municipal Code and related policies. To maximize the organization’s effectiveness and maintain public confidence the Mayor and Council Members are expected to make often difficult policy and fiscal decisions that best benefit our constituents.
II) Required Responses to Findings and Recommendations
A) Finding 1: The Friends for the Preservation of Yuba County History (FPYCH) is a group of people dedicated to preserve, protect and study the history of Yuba County. The FPYCH hosts several on-site fundraising events to restore and preserve the HMCC.
• Council Response to Finding 1: Agree
The Council agrees with the finding. The Council acknowledges the efforts of the Friends for Preservation of Yuba County History (FPYCH)and is appreciative of their work to preserve, protect and study the history of Yuba County.
For background purposes, the preservation and maintenance of the Cemetery was addressed in 1992 by creating the Cemetery Commission of the City of Marysville. The functions of the commission are codified in Marysville Municipal Code section 2.70 as follows:
2 1. It shall develop and maintain a comprehensive plan for the maintenance and protection of the cemetery.
2. It shall investigate and make recommendations to the city council upon reasonable and practical means for putting the plan into effect and as the basis for the efficient expenditure of funds relating to the cemetery.
3. It shall periodically review the improvement program for the cemetery.
4. It shall perform such other functions as the City Council may provide.
The seven Cemetery Commissioners are appointed and serve at the will of the Council and Mayor. The Commission is required to hold public meetings at least at a minimum of once per quarter, keep a record of its Resolutions, findings and determinations, and adopt Rules and Regulations pertaining to its meetings and the transaction of its business. No action shall be taken without receiving the affirmative vote of a majority of the members of the Commission. Additionally, actions requiring appropriation of funds, or purchase of goods and services must be approved by the
Council. Appropriations are addressed annually (at minimum) as part of the budget process, whereupon City Staff makes recommendations for approval by majority vote of the Council.
While recommendations from the public and Grand Jury are welcome, the Council requests that the process already established via City Municipal code be utilized to address the needs of the Cemetery.
• City Manager’s Response to Finding 1:
The City Manager concurs with Council’s response and supports the process outlined in the municipal code.
B) Finding 2: The City of Marysville does not currently have a way for the public to electronically donate money to the HMCC.
• Council Response to Finding 2: Disagree in Part
The Council agrees with the finding that it does not currently have a way for the public to electronically donate money to the HMCC, but Council disagrees with the recommendation that the City should provide such mechanism. The City of Marysville is a public agency and does not as a general practice, act as a clearing house for donations, nor does it have any obligation to do so. As stated in Finding #1, the FPYCH is a non-profit organization that in part provides a fund-raising function and would be the more appropriate body for collecting all donations electronically or non-electronically. The City would recommend that the FPYCH be the clearing house for electronic and nonelectronic donations. 3 • City Manager’s Response to Finding 2:
The City Manager concurs with Council’s response and will direct staff to establish a link on the City’s website to an external link for charitable donations, which will be selected by the FYPCH.
C) Finding 3: The HMCC sections and pathways are not clearly defined or wheelchair friendly.
• Council Response to Finding 3: Disagree in Part
The Council disagrees with this finding because the statement is overly broad and general. It is unclear as to what is meant by “Sections and pathways within the HMCC are not clearly defined or wheelchair friendly”.
Council would therefore require clarification regarding this finding. • City Manager’s Response to Finding 3: The City Manager concurs with Council's response. City staff will work with the Cemetery Commission to better understand what is meant by “clearly defined pathways”.
D) Recommendation 1: None
• Council’s Response to Recommendation 1: N/A
Though there was no recommendation given by the YCGJ, the Council would like to reiterate that there is already a codified mechanism in place to address the preservation and maintenance of the cemetery, and the Council will direct the Cemetery Commission as a body, report formally at an upcoming Council meeting, and if it has not already done so present proposed Commission Rules and Regulations, for approval by a majority of the City Council.
The City Council will also direct the Cemetery Commission to, if not already doing so, meet publicly at least once per quarter, and form a quorum of four (4) members minimum, for the purpose of transacting and recording cemetery business. Minutes for such meeting are to be provided to all City Council Members. Council directs staff to provide support for quarterly meetings for the purpose of noticing, agenda preparation and recording of minutes.
The City Council also requests that the Commission develop and present a formal comprehensive plan for the maintenance and protection of the Cemetery as stated in Finding #1 above for review by the City Manager and integration into the budget for Council approval starting in FY2023/24. The City Council will direct City Staff to provide technical guidance in developing such a plan.
4 E) Recommendation 2: The YCGJ recommends the City of Marysville create an electronic method for the public to make a monetary donation directly to the HMCC liability account. Such electronic method should be implemented no later than June of 2023 and communicated to the public.
• Council Response to Recommendation 2: Disagree
The recommendation will not be implemented because it is not warranted or appropriate. The Council believes a more appropriate solution is to provide a link on the City website that directs the public to the FPYCH website where the donations can be collected and managed by FPYCH. Alternatively, if the FPYCH does not have an appropriate website to collect donations, the City can direct the public to an already established third party website such as Charity Navigator (https://www.charitynavigator.org/ein/680433016), which already appears to accommodate electronic donations and directs them to the FPYCH. • City Manager’s Response to Finding 2:
The City Manager concurs with Council’s response.
F) Recommendation 3: The YCGJ recommends within the fiscal year 2024, the City of Marysville actively pursue financial support through grants, state, and federal funding to provide financial assistance for the restoration and preservation of the HMCC.
• Council’s Response to Recommendation 3: Disagree in Part The recommendation will not be implemented as stated. Unlike larger agencies, the City of Marysville does not have a dedicated grant administrator to pursue financial support via State, Federal and/or Private Grants. Preparation of grant applications therefore falls upon individual Department Directors. Since City Staff resources are limited, Staff is focused on the pursuit of grants related to City Council priorities such as public safety, street improvements, improvements to community parks as well as general facility and infrastructure improvements.
Council will direct that if City Staff that if they identify potential grant opportunities that may be applicable to the Cemetery, that they pass this information on to the FPYHC. The City Manager recommends that the FPYCH pursue these opportunities and complete applications for such opportunities.
5 • City Manager’s Response to Finding 3:
The City Manager concurs with Council’s response. City staff can provide technical guidance and support letters related to the application process. The City Manager will provide additional support as resources become available. The Friends for Preservation of Yuba County History, as a non-profit servicing the entire County, may also want to pursue assistance for grant research and writing from Yuba County.
III) Conclusion:
While the Council does not agree with all findings and recommendations in the report, it agrees that the Historic Marysville City Cemetery is an important historical landmark for the City and is appreciative of the dedicated efforts of the Cemetery Commission of the City of Marysville and Friends for Preservation of Yuba County History. Using the resources available, the City will continue to work with the FPYCH to preserve and maintain the cemetery and pursue funding opportunities that will assist in doing so.
Chris Branscum
_____________________________ _____________
Mayor, City of Marysville Date
Jim Schaad
___________________________ _____________
City Manager, City of Marysville Date