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HomeMy WebLinkAboutMC-569U . . , 1 ORDINANCE NO. t1C-569 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. MC-S14 ENTITLED IN PART "ORDINANCE . . . AMENDING SECTION 3 2.44.030 . . . TO AUTHORIZE THE SALE OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION", INCLUDING FINDINGS THEREFOR, AND 4 DECLARING THE URGENCY THEREOF. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. Ordinance No. MC-S14 of the City of San 8 Bernardino is amended by adding Section 2 to read as follows: 9 "SECTION 2. Findings. 10 A. The Mayor and Common Council of the City of San 11 Bernardino, a charter city, are cognizant of their authority to 12 adopt ordinances relating to "municipal affairs"; and that City 13 Charter Section 40(m) authorizes the Common Council to provide 14 cemeteries and to regulate their management; the Mayor and Common 15 Council find that the City of San Bernardino Cemetery has for a 16 number of years provided burial services for conservatees of the 17 County Public Guardian where the Public Guardian has requested 18 such services because the City Cemetery can and will, and as a 19 policy decision does in fact, provide such service at a cost 20 within the means of the conservatee's estate; the Mayor and Common 21 Council find that the vast majority of the patrons of the City 22 cemetery are residents of the City of San Bernardino; the Mayor 23 and Common Council find that local mortuaries recommend and refer 24 families with limited funds to the City cemetery because the 25 charges for burial services are less costly than those of other 26 cemeteries. 27 B. The Mayor and Common Council are unable to appropriate 28 additional revenue for the operation of the Cemetery without 12/8/86 ~ ;MC-569 ./ 1 impairing vital law enforcement, fire suppression and other safety 2 services to the public because of the recent losses in other 3 revenues, particularly the reduction of approximately three 4 million dollars annually, formerly provided to the City by the 5 united States of America under its Revenue Sharing Program. Those 6 reductions first affected the City's budget for fiscal year 1986- 7 1987, commencing July 1, 1986, and such funds were used in support 8 of law enforcement services. 9 C. The policy of the Mayor and Common Council of the City of 10 San Bernardino is that the City Cemetery shall continue to be self 11 supporting from revenues generated solely from the operation of 12 the Cemetery; that revenues from the sale of monuments or grave 13 markers be used for such additional support; that such revenues be 14 used for the maintenance and upkeep of the Cemetery buildings, 15 grounds, paved parking and travel areas and for administrative 16 staff. 17 D. The Mayor and Common Council further find that the sale 18 of monuments and grave markers is a municipal affair of local 19 concern, and that burial services for local conservatees can best 20 be preserved through a municipal cemetery operated under public 21 serv ice pol ic ies. 22 SECTION 2. urgency. This ordinance is an urgency measure, 23 which shall take effect and become operative upon its adoption and 24 approval. 25 The facts constituting such urgency are that there is now 26 27 28 markers or monuments. pending in the Superior Court of San Bernardino a court action seeking to enjoin the City Cemetery Commission from selling grave In order to give immediate notice to the 12/8/86 -2- ("' ft~-?b~ " I Court of the policy and findings of the Mayor and Common Council 2 with regard to this matter, and the purposes for which revenues 3 generated from the sale of grave markers or monuments are 4 expended, and providing of burial services for conservatees upon 5 the request of the Public Guardian at a cost within the means of 6 the limited fund of the estate of the conservatee, this ordinance 7 shall be effective upon its adoption. 8 I HEREBY CERTIFY that the foregoing ordinance was duly 9 adopted by the Mayor and Common Council of the City of San 10 Bernardino at a n adjourned regular meeting thereof, held 11 on the 8th day of December , 1986, by the following 12 vote, to wit: 13 14 Council Members Estrada, Reilly, Qu1el, Frazier, Strickler AYES: 15 NAYS: Ilone 16 ABSENT: Counci 1 Members Hernandez, Marks 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing ordinance is hereby k' ~//; "; J,h:UlLdj , d'//-./ , . 'Cr~.v ..clerk , . /5;'"'\' ');<" r&[l7;'i.,u~~7 ap~rovgd thi~ 9th day of December Approved as to form: /:/~I , / ,> ~./~) ~ f//L:':""~, " " !, ....., :::o,.',',:<.(i:/ ,,,,__,,_,_... i.l" ~ City Attorney 12/8/86 -3-