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HomeMy WebLinkAbout7556_CCv0001.pdf RESOLUTION NO. 7556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING RULES AND REGULATIONS GOVERNING THE USE AND OPERATION OF HILLSIDE MEMORIAL PARK CEMETERY, A CEMETERY OWNED AND OPERATED BY THE CITY OF REDLANDS, AND RESCINDING RESOLUTION NO. 4651 WHEREAS,under Health and Safety Code Section 8130, the general management and operation of Hillside Memorial Park Cemetery is under the jurisdiction and control of the City of Redlands("City"); and WHEREAS, the City Council has previously adopted rules and regulations pertaining to the use and operation of Hillside Memorial Park Cemetery; and WHEREAS, the City Council desires to adopt new rules and regulations to replace those which were adopted previously; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. Sale, Transfer, and Re-Purchase of Lots and Crypts and Inurnment Locations. (a) All burial lots, crypts, niches, inur ment locations sold within the boundaries of Hillside Memorial Park Cemetery("Cemetery") shall be used for no purpose other than the interment of the human dead. (b) The sale of burial locations in the Cemetery shall not be made after the natural interment has taken place there therein, unless and in accordance with all existing laws, all bodies have been removed therefrom. (c) Under the direction of the Quality of Life Director or his designee, the Cemetery Manager may establish, organize and sell inurmnent rights within communal columbarium, ossuariu>n and scattering gardens. (d) In compliance with California Health and Safety Code 8137,the Cemetery may sell any item or location designed with the specific intent of being able to permanently contain human remains, either cremated or not. Any location or item designed and sold for the interment or inurnment of human remains shall be considered a final resting place or human grave location. Hillside Memorial Park Cemetery, its officers and employees, or any company who manages or maintains the cemetery, shall not engage in the sale of markers or monuments. A marker is a"headstone"and may be made of granite,bronze,or other composite material. A monument is an upright"headstone"or memorial bench that does not also contain niches I:cclerk\Resolutions\Res 7500-759917556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.doex designed for the inurnment of cremated remains or any statue or other structure placed by or on a grave in memory of the dead that is not also designed to provide space for inurn>nent or interment. Hillside Memorial Park Cemetery may sell plaques and lettering for use on mausoleum crypts, niches, ossuaries, scattering gardens, urn gardens, columbariuin, and other cremation inurninent options, and for the purpose of identifying private gardens, family estates, or other sites sold for interment or inurnment purposes. Hillside Memorial Park Cemetery may offer for sale private family estates for full body burial or inurnment of cremated remains, private mausoleums, benches designed with niches for the inurement of cremated remains, or other products and offerings for interment or inurlunent without these items being considered `markers' or `monuments.' If an item has the potential to inter or inurn human remains, by definition it is not a monument or marker and is recognized as a `grave location.' Items specifically sold or included with interment or inurnnnent rights as a method of identifying such interment locations, such as those items used in mausoleums, columbarium, ossuaries,urn gardens, cremation gardens, and/or identifying a private estate or garden do not constitute a `marker' or `monument' sale. (e) Prices of lots, inurnment and scattering locations, interment charges, service fees, endowment fees, retail merchandise and other miscellaneous charges shall be established by executive order as authorized by Ordinance 2779. (f) The Cemetery may purchase all retail merchandise intended for resale, including outer burial containers, urn vaults, urns,bronze memorialization plaques, lettering, scatting products, columbarium, cremation inurnment products and other products for resale as authorized by Municipal Code 2.16.270;to provide market competitive product variety to consumers, maintain product continuity and visual consistency within the gardens and sections of the cemetery, and maximize historical preservation effort at the cemetery. (g) The Quality of Life Director or their designee has the authority to sign all sales transaction agreements. Section 2. Fees and Credit Regulations. (a) No interment, inurnment or scattering of cremated remains shall be allowed unless and until the purchaser has paid to the city an amount equal to all fees as itemized on the purchaser's service contract. The only exceptions shall be those when an insurance assignment is being utilized to provide payment; or in which all burial charges are to be paid from an estate, and then only after the Cemetery Manager, or his representative, has verified with the Administrator or Executor of the estate that there will be sufficient fiends to satisfy all such burial charges. I:\cclerk\Resolutions\Res 7500-759917556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.docx (b) There shall be a handling charge based on prevailing interest rates of the unpaid balance of any preneed sales contract for the cemetery. This one-time charge may be collected in cash in addition to the down payment received, or may be added to the unpaid balance and collected as part of the contractual monthly payments. The handling charge fee, and endowment fees collected are non-refundable. (c) In the event a pre-need sales contract is defaulted, no monies will be refunded to the customer. (d) The cemetery may provide for sale preneed insurance products. Section 3. Monument and Marker Regulations (a) All markers and monument installations are subject to the Cemetery Rules developed by the Cemetery Manager under the direction of the Quality of Life Director or their designee. (b) No bronze plates, inscriptions, or embellishments of any kind, other than the standardized nameplate, will be permitted on mausoleum crypts, niches, memorialization walls or locations. (c) No marker or improvement of any kind other than the improvements made by the Cemetery Manager and their agent shall be permitted on any space or lot until all cemetery charges for that space or lot have been paid in full. Markers shall not be permitted in an "unendowed" area unless the per space endowment care charge is paid. (d) The cemetery is not liable for repair or replacement of monuments, markers, or cement borders damaged due to aging, lifting by tree roots, earthquake, or vandalism. (e) The cemetery may charge a fee for each instance they set a marker or remove a marker. Section 4. Cemetery Grounds and Management. (a) The Cemetery Manager, under the direction of the Quality of Life Director, may develop and enforce Cemetery Rules, including but not limited to i. The Cemetery office hours of operation ii. Products and services offered iii. Guidelines for acceptance of outside products iv. Flower placement, removal and grave cleaning v. Marker and monument acceptance and installation vi. Marker sizes and dimensions vii. Marker language, photos or graphics viii. Visitor code of conduct I:\cclerk\Resolutions\Res 7500-7599\7556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.doex ix. Flower vase installations, style and quality x. Restricting Memorials, clutter, item placement at graves, niches and all locations throughout the cemetery grounds (b) The Cemetery Manager and their agents are authorized to enter upon any and all lots spaces and to remove therefrom any objectionable material that has been placed thereon to provide a more efficient operation. (c) The Cemetery Manager, acting under the direction of the Quality of Life Director or designee,may accept donations of services and goods that are for the betterment, care, and historical preservation of the cemetery; including but not limited to: organized service projects by individuals or organizations, monument, statues or benches. Additionally a fee may be collected from the donor for the installation of any gift. The Cemetery Manager, upon approval of the City Manager may waive the installation fee of any donated item. The Cemetery Manager, under the direction of the Director has the authority to select the installation location of any such donation. The installation of any donated item may be completed by cemetery staff, or by an approved vendor that has complied with all applicable requirements and been approved to provide services. (d) The Cemetery Manager position is responsible for the day-to-day operations of Hillside Memorial Park Cemetery. (e) The Director of Finance for the City of Redlands shall conduct or otherwise delegate the task of completing an annual review of endowment care funds and report to the City Council the amounts collected during the year, investments, income and expenses, and amounts paid to the Cemetery for endowment care. Copies of this report shall also be provided to the Director and the Cemetery Manager. (f) Hillside Memorial Park Cemetery is available to all individuals regardless of their race, ed-micity, religion, sexual orientation, age, or econo>nic standing. In its essence,the cemetery serves all of the Redlands community equally. In recognition that growth in population and diversity adds to the demands on the cemetery, in the future new construction of residential, multi-family units, single family homes, subdivisions and other projects that can reasonably be expected to impact the cemetery shall contribute Development Fees to help off set the increased demand on the cemetery. Section 5. Interment Regulations (a) The laws of the State of California require that a Burial Permit be provided to the Cemetery and no interment, inurn>,ment, or scattering will be allowed without such a pen-nit. (b) Opening of the casket at the cemetery is not permitted, except in special circumstances and when approved by the Cemetery Manager. 1Acclerk\Resolutions\Res 7500-7599\7556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.doex (c) Subject to the approval of the Quality of Life Director or designee, the Cemetery Manager is authorized to cause the intennent, inurmnent, or scattering of the remains of any destitute person. The proof of destitution shall become the permanent record of the cemetery. (d) Hillside Memorial Park Cemetery reserves, and shall have, the right to correct any errors which may be made in making interments, disintennent, or removals, or in the description, transfer or conveyance of any interment property. Corrections may include the canceling of a conveyance and substituting and conveying in lieu thereof other interment property of equal or greater value and similar location insofar as is possible, or as may be selected by the Cemetery Manager,by refunding the amount of money paid on account of said purchase. In the event the error involves the interment of the remains of any person ul such property the Cemetery Manager reserves, and shall have, the right to remove and re-inter the remains in such other property of equal or greater value and similar location as may be substituted and conveyed in lieu thereof. (e) Hillside Memorial Park Cemetery shall exercise due care in making a disinterment and removal, but shall assume no liability for damage incurred to any casket, outer burial container or urn in making disinterment's and removals. (f) Permanent disintennent for removal from the cemetery shall not be made unless authorized by the written order of a court of law. Section 6. RESOLUTION 4651 Resolution No. 4651, including any and all amendments thereto, is hereby rescinded. ADOPTED, SIGNED AND APPROVED THIS 21" day of July, 2015. r Jg Harrison, Mayor Tem ATTEST: Sam I , C ty Clerk 1:\cclerkResolutions\Res 7500-7599\7556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.docx I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 21st day of July 2015, by the following vote: AYES: Councilmembers Harrison, Barich, James NOES: None ABSTAIN: Councilmember Gilbreath; Mayor Foster ABSENT: None Sam Irwin, City Clerk l:\cclerk\Resolutions\Res 7500-7599\7556 Rules and Regulations Governing Hillside Memorial Park 7 21 15.docx