TO: Board of Trustees
FROM: Steven Lederer, District Manager
REPORT BY: Kat Chambers, Staff Services Analyst II
SUBJECT: MPCD Certificates of Burial Rights - Execution Delegation and Amendment to Bylaws
RECOMMENDATION
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Adopt a Resolution delegating authority to the District Manager to execute Certificates of Burial Rights on behalf of the Monticello Public Cemetery District and amending the Monticello Public Cemetery District Bylaws to update procedures and guidelines, correct minor errors in the text, and improve clarity and conciseness. (No Fiscal Impact; Discretionary)
(CONTINUED FROM JANUARY 28, 2025)
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BACKGROUND
In 2018, the Monticello Public Cemetery District (MPCD) Board of Trustees last amended the MPCD bylaws in a comprehensive manner. Since then, MPCD staff has become aware of sections that are now obsolete and need to be either updated or deleted. There are also some amendments that have been passed but were not incorporated formally into the bylaws.
The MPCD Advisory Committee designated amending the bylaws as a priority project and has worked on the amendments for over a year. The recommended amendments are attached to this board letter.
Amendment recommendations include:
1.5 Definitions - using more precise language on a number of items
2.1.3 Bylaws of the Board - condensing and deleting of unnecessary sections
2.2 Advisory Committee of the Monticello Public Cemetery District - tightening up various sections on the operation of the committee, including the change from two meetings per year to four, as approved in 2020 by the Board of Trustees
2.4.4. Contract Procedures - including the 2021 acceptance of the MPCD into the California Uniform Public Construction Cost Accounting Act (CUPCCAA)
3.2 Purchase and Transfer of Burial Rights - eliminating the requirement for the Board of Trustees to approve the purchase of burial rights documents and grant the approval authority to the District Manager (this change was recommended by the CEO’s Office)*
3.2.2.1 - Military and Peace Officer and Veterans’ Corner - combining and streamlining 3.2.2.1 with 3.2.5, thus eliminating 3.2.5
4.4.1 Professional Headstones or District Markers; Exception - clarifying language to ensure markers are paid for and placed on each plot
Appendix D Administrative Forms - creating a list of administrative forms noted in various places in the bylaws
*Currently, when an individual seeks to purchase burial rights in the Cemetery, the District Manager makes determinations regarding an individual’s eligibility to be buried in the Cemetery and executes a Certificate of Burial Right upon making such a determination and receipt of payment. The burial rights are not effective until the District Manager’s determination is ratified by the Board of Trustees. At the recommendation of the CEO’s Office, the attached Resolution delegates authority to the District Manager to make final determinations regarding individuals’ eligibility to be buried in the Cemetery and to complete the purchase of Burial Rights without requiring further ratification by the Board.
This item was continued from January 28, 2025 to allow time to respond to questions from Supervisor Alessio. In summary:
1. A question was asked as to whether the Bylaws limit the total number of terms that a member of the Advisory Board could serve.
Answer: No, it does not.
2. A question was asked about the signature process for approval of Certificates of Burial Rights.
Answer: This signature, delegated to the District Manager, is a ministerial Act governed by specific criteria in the California Health and Safety Code. The District Manager does not have discretion to refuse to sell burial rights to a person who is eligible pursuant to HSC 9060 et seq. and who makes the necessary payment.
3. A question was asked regarding annual reporting requirements of the District to the Board.
Answer: The only reporting change made in the Bylaws was the deletion of the requirement for financial reporting (Form 700s) by members of the MPCD Advisory Committee, because these members had previously been removed from MPCD’s Conflict of Interest Code. No other reporting requirements were changed. Pursuant to Napa County Policy Manual Part I: Section 8, Subpart IV.E, all advisory committees are responsible for delivering an annual written report to the Board of Supervisors by July 1.
Requested Actions:
Adopt a resolution delegating authority to the District Manager to execute final, binding Certificates of Burial Rights on behalf of the Monticello Public Cemetery District (MPCD) and revising the bylaws of MPCD.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Edits to the bylaws will improve usability and accurately document current MPCD policy. Delegation of authority to execute Certificates of Burial Rights to the District Manager will help expedite and simplify burial right transactions. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
MPCD Bylaws will contain outdated language and guidelines that may present administrative problems in the future. Certificates of Burial Rights will continue to appear on Board agendas for ratification action. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.