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CI~ OF SAN -.I!RNARD. - RI!QU.-r FOR COUNCIL ACttoN
From: Dan Ustation, Superintendent
Subject: .Amend Municipal Code #2.44.030
Dept: CEMETERY
Dete: March 12, 1986
Synopsis of Previous Councilection:
NONE
Recommended motion:
Amend Municipal Code #2.44.030 to include the sale of monuments.
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Signature
Contact person:
DAN USTATION
Phone: 885-6484
Supporting data attached:
YES
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: N/ A
Finence:
Council Notes:
?f,
15.0262
Agenda I tem No
'cft"V OF SAN BBRN.RAtO - REQ.lST FOR COUNCIL ~ION
STAFF REPORT
On March 4, 1986, the Cemetery Commission voted unanimously to change the
Municipal Code to allow Pioneer Memorial Cemetery to sell monuments.
Selling monuments would increase the cemetery's revenue by $30,000. a
year.
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MARCH 5, 1986
The regular meeting of the Cemetery Commission was called to order
at 3:00 P.M., Tuesday, March 4, 1985, by Superintendent/secreta~y
at the cemetery Office, 211 East 9th Street, San Bernardino,
California.
PRESENT: Co~issioners Edythe Glass, John Lee, Lee Robb, David Heath,
Ron Stabler, Norman Rabenstock and Secretary/superintendent
Dan Ustation.
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ABSENT: Commissioner Charles Simpson.
Superintendent/Secretary reported revenue i'for January aM February as
follows:
January - $13,534. with 18 interments
February - $11,682. with 9 interements
APPOINTMENT OF NEW COMMISSIONERS:
,Mr. Ron Stabler appointed to serve on the
Commission from the 5th Ward.
Mr. Charles Simpson appointed by Mayor's
Office.
OLD BUSINESS:
Streets in the older sections of the cemetery were
paved on February 6th. Estimated cost is $1,4,200.
NEW BUSINESS:
ELECTION OF NEW PRESIDENT:
Motion by Commissioner Robb to nominate Commissioner
Glass to serve as President of the Cemetery Commission.
Seconded by Commissioner Rabenstock and unanimously
carried.
--fsELLING GRAVE MEMORIALS:
Superintendent ustation informed the commission that
he would like to begin selling grave markers. An
estimated increase in revenue would be $27,000. to
$30,000. An increase in graves, interment charges,
and vaults can be avoided another year by selling
markers.
Motion by Commissioner Heath for the cemetery to begin
selling markers. Seconded by Commissioner Lee.
Motion unanimously carried.
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MINUTES OF MARCH 4, 1986 - CONTINUED
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BUDGET REPORT (MID YEAR)
REVENUE
gxPENDITURES
+$
$ 94,662.
71,325
23,337
FISCAL YEAR 86/87:
Superintendent Ustation reported new equipment needed:
1 Gas Tamper $ 2,500.
1 Air Compressor 400.
Office Furniture 800. - 4 Chairs & 1 Couch
TOTAL - $ 3,700.
$ 228,404.
202,410.
+$ 25,994.
A copy of the proposed budget will be given to each commissioner
at the next meeting.
ESTIMATED REVENUE
ESTIMATED EXPENDITURES
MEETING ADJOURNED AT 3:30 P.M.
NEXT MEETING: TUESDAY, MAY 13, 1986, 3:00 P.M. AT THE
CEMETERY OFFICE, 211 East 9th Street,
San Bernardino, Calif.
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DAN USTATION, Secretary/Superintendent
PIONEER MEMORIAL CEMETERY
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I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE
3 SALS OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Section 2.44.030 Subsection A of the San
i Bernardino Municipal Code is amended to read:
8 "A. The Commission shall have the sole management and
9 control of Pioneer Memorial Cemetery, with power to contract for
10 the sale or endowment care of burial lots or plots within the
II cemetery in accordance with a schedule of sale prices established
]2 by resolution adopted by the Mayor and Common Council. The
]3 president and secretary of the Commission are authorized to
]4 execute on behalf of the City such authorized sales and endowment
]5 care contracts. The Commission shall administer, collect and
]6 recommend changes in rates and charges established by the Mayor
]7 and Common Council for digging graves, preparation of graves,
]8 setting monuments, the sale of monuments or grave markers, care
]9 of plots and such other services as may be provided."
20 I HEREBY CERTIFY that the foregoing ordinance was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a
23 the day of
24 following vote, to wit:
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meeting thereof, held on
, 1986, by the
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] AYES:
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3 NAYS:
4 ABSENT:
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City Clerk
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The foregoing ordinance is hereby approved this
day
9 of
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, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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]5 City Attorney
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8 California Monument Association, Inc.
REC'D.-ADt.;I~. OFF. Ij . 346' TO~ :>ULEVAllD
~~~3 :,PR -7 ';~l ::~: 17 TOlUlANCE, CALIFOllNlA 90503
Phooe(2B)~~\l:3X 543-1333
April 3, 1986
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City of San Bernardino
300 North "D" St.
San Bernardino, CA 92418
Attn.: Raymond D. Schweitzer,
Acting City Administrator
Dear Mr. Schweitzer:
I have learned that on April 7, 1986 the Mayor and
City Council of San Bernardino will discuss an amendment
to the City's Municipal Code authorizing the sale of
grave monuments and markers.
On March 4, 1986 I wrote to the City Attorney, Mr. Ralph
H. Prince. A copy of my letter is attached in the event
that you have not seen it. I would have hoped for a
reply from Mr. Prince's office but for some reason or other
I was not afforded that courtesy. I am, therefore, taking
the liberty of writing this letter to you directly.
The position of the California Monument Association is
set forth in the letter and remains the same. I hope
that the Council will consider its contents during its
deliberations on the matter of the City becoming engaged
in the business of selling monuments and markers.
I will be unable to attend the meeting on April 7 but would
appreciate a response from either you or Mr. Prince upon
the conclusion of the meeting, informing me of what tran-
spired.
Very truly yours,
SIDNE KNAB ,General Counsel
and Executive Secretary
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(y). M WOmia Monument Aaiati"", Inc.
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TOU.ANCI. CAJJlIODIlA !IO:105
.....12l3>*8J: 543-1333
March 4, 1986
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Mr. Ralph H. Prince
City Attorney
City of San Bernardino
300 N. "D" Street, Room 668
San Bernardino, CA 92418
Re: Pioneer Memorial Cemetery, City of San Bernardino
Dear Sir:
Section 8137 of the Health and Safety Code of the the State
of California became the law of this state on January 1,
1981. It provides as follows:
"8137. A cemetery owned and operated
by a city, county, or city and county
shall not engage in the business of
selling monuments or markers, and its
officers and employees who manage, oper-
ate, or otherwise maintain such cemetery
on a day-to-day basis shall not engage
in the private business of selling
monuments or markers."
We are informed that it is the intention of Pioneer Memorial
Cemetery to commence selling monuments and markers. We
feel that such an enterprise would be in violation of S8l37.
We are also informed that your office has advised this city
owned cemetery that it may legally engage in such business
and we assume that you are taking the position that a charter
city is not bound by the state law in this respect.
Article XI, Section 5 of the California Constitution pro-
vides that a city charter may provide for enforcement of all
ordinances and regulations in respect to municipal affairs
and in respect to other matters the city is subject to the
general laws.
Section 7 of Article XI states essentially that a city may
make and enforce all local, police, sanitary and other
ordinances and regulations not in conflict with general laws.
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Mr. Ralph H. Prince
March 4, 1986
Page 2
In Smith v. CitE of Riverside, 34 CA 3d 529, 534, the court
states that a carter city may make and enforce all ordinances
and regulations with respect to its municipal affairs and,
with respect to other matters, such as those of statewide
concern, it is bound by the general laws if it is the intent
and purpose of such general laws to occupy the field to the
exclusion of municipal regulation. Concerning the subject
of legislative pre-emption generally, please see Music Plus
Four, Inc. v. Barnet, 114 CA 3d 113.
It is our position that the State Legislature did intend to
occupy the field when it enacted Health and Safety Code 58137.
It would seem that the state certainly has a real interest
in the entire subject of interment of deceased remains and
further, an interest in preventing tax exempt institutions
from gaining an unfair advantage over private enterprise,
which bears its full load of tax.
I would greatly appreciate hearing from you in this matter
by phone or letter, or both, and I would respectfully urge
that you advise the administrators of the Pioneer Memorial
Cemetery not to engage in the monument business.
Very truly yours,
SIDNEY KNABLE, General Counsel
and Executive Secretary
SK:vc
cc: Roger Beer, Pres.
John Silva, Vice President
Bob Troost, Trustee,
Monument Builders of N.America
Bruce Ricker, Frank L. Ricker Memorials
bcc: Mr. Frank Hagen
Riverside-San Bernardino Monumental Co.
4291 Cedar St.
Riverside, CA 92501
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