IMPLEMENTED Responsibility for fire inspection of the facility shifted in the past year from the State Fire Marshal to the local fire authority Marysville Fire Department. In order for MFD to conduct the inspection, an officer from that department required additional training and certification. MFD did have an officer complete the required training and a fire inspection was conducted shortly thereafter. There was a time delay in getting this process completed. In the interim, the fire suppression system and the alarm system have been maintained by a contracted provider and have been maintained at optimal condition. FILED AUG 2 0 1999 YUBA COUNTY SUPERIOR 6 H. STEPHEN KONISHI, CLERK 526 “C” Street # P.O. Box 150 © Marysville, CA 95901 ¢ (916) 741-6633 BY August 17, 1999 The Honorable James Curry Presiding Judge, Yuba County Superior Court 215 Fifth Street Marysville, CA 95901 Dear Judge Curry: I am writing on behalf of the Marysville City Council to respond to the 1998-99 Yuba County Grand Jury Report. I will address both the findings and recommendations on the following point: CITY ADMINISTRATOR/POLICE CHIEF The Grand Jury believes that there "may be a possible conflict of interest in the combination of the positions." The City believes that the Grand Jury is actually concerned about the two offices being "incompatible" under California Law. This concern results from an opinion of the California Attorney General regarding the combination of the two offices in the general law city of San Jacinto. Ops. Cal. Atty. Gen. 304 (1998). The opinions of the Attorney General are helpful and the courts rely on them to a certain extent. However, they are not definitive. Only the courts can determine whether an office is incompatible. Prior to combining the offices of City Administrator and Police Chief, and asking then incumbent Police Chief Mark Siemens to assume both positions, the Council received a legal opinion as to whether the offices were incompatible. The conclusion of that opinion was that the two offices were not incompatible. Marysville is a Charter City which may choose to organize its administrative function in the way it deems best serves the interests of its citizens. The Council believes that savings of more than $105,000 in salary and benefits warrants this combination. Unlike the situation in San Jacinto, the Marysville City Administrator and Marysville Police Chief answer directly to the Council. One is not subordinate to the other. Additionally, Marysville Municipal Code Section 2.10.040, provides that the City Administrator "may head one or more of the departments and shall be responsible to the Council for the proper administration of such departments." The Grand Jury believes "the City Administrator's authority increases his potential conflict over both budgets." There is no explanation as to which "budgets" are at issue. The City has one budget which is divided into various categories. It is adopted by the City Council after considering recommendations of its staff and the public. Other than making recommendations on budget items and seeking amendments to the budget from time to time, neither the City Administrator nor the Police Chief has independent control of the budget. City expenditures must conform to the budget. These expenditures are approved from time to time directly by the City Council. What "conflict" may occur is therefore, not evident to the Council. City Administrator/Police Chief, Mr. Siemens is a salaried, not an hourly employee. He is paid to get the job done, regardless of the hours required. The Council estimates that Mr. Siemens works on City business between 60 to 75 hours per week on a routine basis. The City does not keep track of the hours worked by any of its salaried employees, nor does it propose to do so. Consequently, a record of what portion of Mr. Siemens time is spent attending to various City duties does not exist. Mr. Siemens was hired after the departure of Richard Hare. It was hoped that Mr. Hare would have a long tenure with the City, but personal concerns resulted in his return to Southern California. Upon his departure, Mr. Hare recommended Mr. Siemens for the combined position. Mr. Siemens has worked for the City of over 17 years. He is well known and respected in the community. Upon Mr. Hare's departure, the Council felt it very desirable to have a familiar face as the City's primary management officer, since there had been a high turnover of city administrators in the previous decade. If you have any questions, or if I can be of further assistance, please call me at 741- 6633. Sincerely, Mayor MARYSVILLE 526 “C” Street * P.O. Box 150 « Marysville, CA 95901 November 2, 1999 The Honorable James Curry Presiding Judge, Yuba County Superior Court 215 Fifth Street Marysville, CA 95901 Dear Judge Curry: I am writing on behalf of the Marysville City Council to respond to the 1998-99 Yuba County Grand Jury Report. This is a response to two findings, specifically Riverfront Park and Rideout Hospital Property. ISSUE: Riverfront Park The Grand Jury required the Council of the City of Marysville to respond to their three recommendations for Beckwourth Riverfront Park. Those recommendations were: The restrooms should be open on a regular basis and properly monitored. The City should investigate the feasibility of an entrance fee or park usage permit/sticker. The City should conduct a survey and maintain records on the types of usage of Riverfront Park. RESPONSE: The Council of the City of Marysville thanks the 1998/1999 Grand Jury for their interest in Beckwourth Riverfront Park and their suggestions. The City Council may consider the recommendations made, if not already accomplished. ISSUE: Rideout Hospital Property The Grand Jury recommended that the City Council respond to the following recommendation: Provide Tax revenue data to the Grand Jury of the taxes collected on the property currently owned by Rideout Hospital and the tax revenue received from those same properties prior to purchase and/or termination of leases by the hospital. RESPONSE: The City of Marysville is not the taxing agency, nor do we have records for the type of information you have requested. The County of Yuba assesses and collects property tax for the entire county. The County also holds the records you are inquiring about. The City of Marysville cannot comment on or provide records held by another government entity. If you have any questions, or if I can be of further assistance, please call me at 741-6633. Jérome B. Crippen Mayor VIRGINIA R. BLACK Sheriff - Coroner The County of Yuba __ OFFICE OF THE SHERIFF COROWER, : (530) 741-6331 FAX (530) 741-6445 Fontcwhirans x Qe ——- ©CEiven AYPERIOR poury LER BY 4 if SEP qn SUEERIO C rR TO: Dennis Buckley, Presiding Judge of the Superior Court FROM: Sheriff Virginia Black Ny DATE: August 30, 1999 RE: 1998-1999 Grand Jury Final Report Response - Animal Control Findings 1,3,4 and 5; Recommendation's 1 through 5 Pursuant to Penal Code Section 933.05 we are providing the following response to the 1998-1999 Grand Jury Final Report. The report called for a response from the Sheriff on Findings 1, 3, 4 and 5 and Recommendations 1 through 5 of the inquiry concerning the Yuba County Sheriff's Department Animal Control operation.