Item #05
Date: August 16, 2022
To: Mayor and City Council
From: Jim Schaad, City Manager
Subject: Formal Response to 2021-2022 Yuba County Grand Jury Report Recommendation:
Pass a Motion to approve the formal response to the 2021-2022 Yuba County Grand Jury report.
Rationale for Recommendation:
The 2021-2022 Yuba County Grand Jury (YCGJ) contains a report related to the investigation of the Historic Marysville City Cemetery (HMCC). The report provides 3 findings and 3 recommendations.
City Staff have reviewed the findings and recommendations of the report (Attachment 1.) and drafted a formal response from the City Council and City Manager as prescribed in penal code 933.05, sections (c)(Attachment 2.). The response’s content was developed per Penal Code 933.05 subdivisions (a) through (c). Staff recommends approval of the responses to satisfy the requirement of a formal response to the Court. If approved by Council, the formal response will be submitted to the presiding judge of the Superior Court.
Background:
Each year the Yuba County empaneled Grand Jury publishes a report to the Court and the residents of Yuba County in compliance with California Penal Code 933(a). This year the Grand Jury chose to reinvestigate the Historic Marysville City Cemetery (HMCC). Provisions for the preservation and maintenance of the Cemetery were addressed by the City in 1992 by creation of the Cemetery Commission of the City of Marysville. The functions of the commission are codified in Marysville Municipal Code section 2.70 as follows:
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 Item #05
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 a minimum) as part of the budget process, whereupon City Staff makes recommendations for approval by majority vote of the Council.
A non-profit organization, The Friends for the Preservation of Yuba County History (FPYCH), assists with the maintenance and preservation of the Cemetery and they host several on-site fundraising events to augment funding provided by the City to restore and preserve the HMCC.
The YCGJ chose to re-investigate the HMCC stating the findings of a previous report have not been fully addressed.
Discussion & Analysis:
Staff proposes the formal response attached. A summary of the recommended responses are as follows:
• The City agrees that the FPYCH has been a dedicated and passionate organization that has worked tirelessly to maintain, preserve, protect and study the history of the Cemetery. • The City has a codified process in place to manage the maintenance and preservation of the Cemetery. Staff recommends that the Cemetery Commission follow this process. • Staff disagrees with the finding and recommendation that the City should provide an electronic method to receive donations for the cemetery since collection and management of donations is typically not a function of a municipality, but that of charitable organizations such as the FPYHC. Further, there appears to already be a mechanism to donate to the FPYHC electronically. Staff feels it more appropriate that a link from the City website be provided to direct the public to a charitable website link, whereupon donations can be collected. • Staff disagrees in part with the finding that “HMCC sections and pathways are not clearly defined or wheelchair friendly” because the statement is to overly broad and general. Staff will work with the HMCC and FPYCC to clarify concerns.
• Staff disagrees in part to the recommendation that “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”. The City has limited resources to pursue various funding opportunities. Staff is focused on the pursuit of grants related to the City Council priorities of public safety, streets, parks, as well as facility and infrastructure improvements. City Staff will identify potential grant opportunities that may be applicable to the Cemetery and pass this information on to the FPYHC. The City Manager recommends that the FPYCH pursue these opportunities and complete applications for such opportunities. City staff can provide technical guidance and support letters related to the application process.
Item #05
Fiscal Analysis:
There is no direct impact to the General Fund as a result of this recommended formal response. Any additional staff time to support cemetery maintenance and preservation as outlined in the staff recommendations listed in the report can be absorbed within the existing budget.
Attachments:
1) 2021-2022 Yuba County Grand Jury Report
2) Proposed formal response to the 2021-2022 Yuba County Grand Jury Report