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Ch..,1' OF SAN BERNARD...~O - REQULA FOR COUNCIL Ac\-bN
From: Ralph H. Prince
Subject: Sale of Monuments or Grave
Markers by Cemetery Commission
Dept: City Attorney
Date: December 4, 1986
Synopsis of Previous Council action:
4/21/86
Adopted Ordinance No. MC-514 amending Section 2.44.030
of the San Bernardino Municipal Code to authorize the
sale of monuments or grave markers by the Cemetery
Commission.
Recommended motion:
Adopt ordinanee.
JUSTIFICATION
urgency ordinance for court action.
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Signature
Contact person:
Ralph H. Prince
Phone:
5255
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No.
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Cli-/ OF SAN BERNARDh..O - REQULT FOR COUNCIL AChON
STAFF REPORT
On November 14, 1986, a lawsuit was filed against the City of
San Bernardino by various monument companies for declaratory
and injunctive relief and damages regarding the alleged
invalidity of Section 2.44.030 of the San Bernardino
Municipal Code, authorizing the sale of monuments or grave
markers by the Cemetery Commission.
It is recommended that the attached ordinance be adopted to
set forth the Mayor and Common Council's findings with
referenee to the adoption of San Bernardino Municipal Code
Section 2.44.030 in order to advise the Court of the policy
and findings of the Mayor and Common Council with regard to
this matter.
75.0264 12/4/86
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. MC-5l4 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-514 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 eity, 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.
21 B. The Mayor and Common Council are unable to appropriate
22 additional revenue for the operation of the Cemetery without
23 impairing vital law enforcement, fire suppression and other safety
24 services to the public because of the recent losses in other
25 revenues, particularly the reduction of approximately three
26 million dollars annually, formerly provided to the City by the
27 united States of America under its Revenue Sharing Program. Those
28 reductions first affected the City's budget for fiscal year 1986-
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12/3/86
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1 1987, commencing July 1, 1986, and such funds were used in support
2 of law enforcement serv ices.
3 C. The policy of the Mayor and Common Council of the City of
4 San Bernardino is that the City Cemetery shall continue to be self
5 supporting from revenues generated solely from the operation of
6 the Cemetery; that revenues from the sale of monuments or grave
7 markers be used for such additional support; that such revenues be
8 used for the maintenance and upkeep of the Cemetery buildings,
9 grounds, paved parking and travel areas and for administrative
10 staff.
11 D. The Mayor and Common Council further find that the sale
12 of monuments and grave markers is a municipal affair of local
13 concern, and that burial services for local conservatees can best
14 be preserved through a municipal cemetery operated under public
15 service policies.
16 SECTION 2. Urgency. This ordinance is an urgency measure,
17 which shall take effect and become operative upon its adoption and
18 approval.
19 The facts constituting such urgency are that there is now
20 pending in the Superior Court of San Bernardino a court action
21 seeking to enjoin the City Cemetery Commission from selling grave
22 markers or monuments. In order to give immediate notice to the
23 Court of the policy and findings of the Mayor and Common Council
24 with regard to this matter, and the purposes for which revenues
25 generated from the sale of grave markers or monuments are
26 expended, and providing of burial services for conservatees upon
27 the request of the Public Guardian at a cost within the means of
28 the limited fund of the estate of the conservatee, this ordinance
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U/3/86
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1 shall be effective upon its adoption.
2 I HEREBY CERTIFY that the foregoing ordinance was duly
3 adopted by the Mayor and Common Council of the City of San
4 Bernardino at a meeting thereof, held
5 on the day of , 1986, by the following
6 vote, to wit:
7 AYES: Council Members
8
9
10
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16
17
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Approved as to form:
19
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21 City ttorney
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NAYS:
ABSENT:
of
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
12/3/86
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'>'11
~II ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
112.44.030 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE
3, SALE OF MONUMENTS OR GRAVE MARKERS BY THE CEMETERY COMMISSION.
411 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
II DO ORDAIN AS FOLLOWS:
51
6
.~
ORDINANCE NO. MC-S14
SECTION 1.
Section 2.44.030 Subsection A of the San
7 Bernardino Municipal Code is amended to read:
,
811 "A. The Commission shall have the sole management and
911 control of Pioneer Memorial Cemetery, with power to contract for
101 the sale or endowment care of burial lots or plots within the
~11 cemetery in accordance with a schedule of sale prices established
121 by resolution adopted by the Mayor and Common Council. The
I
'131 id d f h i h
pres ent an secretary 0 t e Comm~ss on are aut orized to
~111Iex:~ute on behalf of the City such authorized sales and endowment
15 'care contr~9ts. The Commission shall administer, collect and
16 recommend changes in rates and charges established by the Mayor
171 and Common Council for digging graves, preparation of graves,
~8lisetting monuments, the sale of monuments or grave markers, care
19 IOf plots and such other services as may be provided."
. **SECTION 2 being added
201 I HEREBY CERTIFY that the foregoing ordinance was duly
211 adopted by the Mayor and Common Council of the City of San
2211Bernardino at a reqular meeting thereof, held on
2311the 21st day of April , 1986, by the
241 following vote, to wit:
:::511 1 1
26 / / /
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28 if / /
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l! 4/21/86
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8
9 of
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AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quie1, Frazier, Strickler
NAYS: None
ABSENT: None
~#/2"/ /"'?/).~/.J- /
/ City Clerk
The foregoing ordinance is hereby approved this 22nd day
Apr i I
, 1986.
12
13 Approved as to form:
14 /~:J~~
15 City Attorney
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.11~~21/86
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CI\..( OF SAN BERNA ~JO - REQUL,.lT FC' '1 COUNCIL AC',<,..}oN
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Fron;
De~ Ustaticn. S~c~l-intendrnt
Subject.
~en~ Muricioal Code "2.44.030
Dept. C;::f~i.:TER.Y
Date f',,,,'cf, 12, 1986
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Recommen':led motion:
Amend Municipal Code #2.44.030 to include the sale of monuments.
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Phone
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FUNDING REOUIREMENTS:
Amount:
N/A
Sou ree:
N/A
N/A
Supoorting -:lata attached:
YES
Ward:
Finance:
Council Notes:
7~.G2t.2 ."
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Agenda Item No.
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/,', r OF SAN BEAN~ .....Dr ~O - REQUrT Fc-"l COUNCIL AC'..l>N
I STAFF REPORT
Gn ~'larch 4. 1986, the Cemetery Commission voted unanimously to change the
~~unicjpal Code to allow Pioneer ~lemorial Cemetery to sell monuments.
Selling ~onu~ents would increase the cemetery's revenue by $30,000. a
year.
75-0264 3/12/86
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!'ARCH 5, 1986
The regular meeting of thE. cemetery CO!:\lT.issior. w"s colle':: tc.. orCL:
2: :':00 P.M., Tuesday, ~c~~ch 4, 19P~" by SurCilnte-,8(!:t !Sp("rct2~':
at th~ Cemetery Offic~, ~ll EaE~ 9th Stre~t, 5~:-. bL!-~~!~i~- I
C21ifc:rnia.
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Superintendent/Secretary reported revenue for January and February as
follows:
Januar~' - $]3,534. ~it~ 16 internEntE
February - Sll,682. ~ith 9 interements
APPOINTMENT OF NEW CO~~ISSIONERS:
.Mr. Ron Stabler appointed to serve on the
Commission from the 5th Ward.
Mr. Charles Simpson appointed by Mayor's
Office.
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OLD BUSINESS:
Streets in the older sections of the cemetery were
paved on February 6th. Estimated cost is $14,200.
l\EW BUSINESS:
ELECTIOK OF NEW PRESIDENT:
Motion by Commissioner Robb to nomina~e Corr~issioner
Glass to serve as President of the Cemetery Commission.
Seconded by Commissioner Rabenstock and unanimously
carried.
~ELLIKG GRAVE MEM~PIALS:
Surie~intendE~: ~E~a:ic~
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l: E~ yo':':: ',; 1:::: 1 i k E- t.:- be S i:-. ~ ':.: ~ 1:' ;~:::- :: 2-"~".: ~ _. --
estimated increase in revenue would bE $27,000. to
$30,000. An increase in graves, interment charges.
and vaults can be avoidec another year by se1linc
marKer s.
Motion by Com.'r,issioner Heath for the ce:ne~en' tc be:l".
selling markers. Seconded by Commissioner Lee.
Motion unanimously carried.
3/12/86
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MINUTES OF MARCH 4, 1986 - CONTINUED
PAGE -2-
BUDGET REPORT (MID YEAR)
$ 94,662.
71,325
23,337
REVENUE
EXPENDITURES
+$
rr seAL YL\R a 6.' 97:
Superintendent wstat~on reported new equipment needed:
1 Gas Tamper $ 2,500.
1 Air Compressor 400.
Office Furniture 800. - 4 Chairs & 1 Couch
TOTAL - $ 3,700.
ESTIMATED REVENUE $ 228,404.
ESTIMATED EXPENDITURES 202,410.
+$ 25,994.
A copy of the proposed budget will be given to each commissioner
at the next meeting.
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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