sr-111009-7c~~~
~;, o, City Council Report
Santa M1ionica
City Council Meeting: November 1Q 2009
Agenda Item: ~- °"C--
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Eliminating Residency Requirement for Woodlawn
Cemetery, Authorizing Cemetery Administrator to Enter Interment Orders,
and. Other Changes to Chapter 7.20 of the Santa Monica Municipal Code
Recommended Action
Staff recommends that the City Council. introduce for first reading the attached
ordinance updating the City's regulations for Woodlawn Cemetery and Mausoleum.
Executive Summary
The Santa Monica. Municipal Code currently has a municipal residency restriction
limiting ownership of plots in the Woodlawn Cemetery. The proposed ordinance would
eliminate this restriction and enable the Cemetery to sell plots, crypts, and niches to
anyone.
The Municipal Code currently does not authorize the Cemetery Administrator to adopt
rules and regulations for the Cemetery. The proposed ordinance would allow the
Cemetery Administrator to adopt. rules and regulations concerning the management,
supervision, and use of the Cemetery.
The proposed ordinance would authorize the Cemetery Administrator. to enter into
interment sales orders, on a form approved by the City Manager and the City Attorney,
to sell plots, crypts, and niches, and associated products and services.
Finally, the proposed ordinance amends sections of Chapter 7.20 for clarity and
elimination of obsolete provisions.
Background
In 1975, the City eliminated the residency requirement for cremated human remains.
However, the City retained the residency requirement for casketed human remains. No
other California municipal cemetery has a residency requirement.
1
The Cemetery Business Plan recommends that the Cemetery remove the residency
requirement in order to remain financially viable. By allowing non-residents to purchase
Cemetery property for the interment of casketed human remains, the Cemetery would
increase its potential customer base.
Discussion
The proposed ordinance eliminates the distinction between casketed and cremated
human remains, and allows any person, regardless of residency, to purchase any plot,
crypt; or niche in the Cemetery.
The proposed ordinance also authorizes the Cemetery Administrator to develop rules
and regulations concerning the management, supervision, and use of the Cemetery.
The ,proposed ordinance deletes the following provisions relating to management,
supervision, and use of the .Cemetery, which will be incorporated into the rules and
regulations: performance of work by Cemetery employees only; use of Cemetery owned
equipment; hours and days of operation; opening of caskets during services;
improvements of plots, crypts, or niches; placement of vaults above ground; design,
material and workmanship of monuments, headstones, and markers; planting of trees,
shrubs, and other plants; and the use of fresh flowers and prohibition on silk flowers.
Authorizing the Cemetery Administrator to adopt these and other rules and regulations
will allow the Cemetery to better serve its customers by promoting the Cemetery's
economic viability, its quietude, and its aesthetic qualities, while respecting the
sensibilities of persons using the Cemetery.
The proposed ordinance also authorizes the Cemetery Administrator to enter into
Interment Sale Orders for the sale of plots, crypts, niches, and caskets, urns, funeral
services, and other items or services necessary for interment at the Cemetery. The
proposed ordinance will require an Interment Order for each sale, and would permit pre-
need customers to enter into financing agreements with the Cemetery. The Interment
Sale Order form will be approved by the City Manager and the City Attorney.
2
Current law allows the Cemetery to repurchase any plot, crypt, or niche only if the
original purchaser has violated the terms of his or her contract to purchase the plot.
The proposed ordinance permits repurchase of property upon agreement with the
owner. This will allow customers more flexibility in the event they wish to purchase
additional plots or relocate to a different area in the Cemetery.
Current law. regulates the conduct of persons within the Cemetery, restricts persons
from walking other than on walkways or roads, requires children to be accompanied by
a parent, forbids dogs, and forbids refreshments. The proposed ordinance eliminates
these provisions. Such provisions, if necessary, can be incorporated into the rules and
regulations to be adopted by the Cemetery Administrator.
Various other provisions in the current law are either obsolete or preempted by state
law. The proposed ordinance eliminates these provisions. Other minor changes in
wording or organization are proposed to enhance clarity. For example, the proposed
ordinance replaces references to the "Cemetery Superintendent" with "Cemetery
Administrator" and replaces "Perpetual Care" with "Endowment Care." As the Cemetery
no longer transfers any property rights to purchasers, regulations and references to
deeds have been removed..
Financial Impacts
The Finance Department has determined that elimination of the residency requirement
is necessary for the Cemetery to remain financially viable.
Prepared by: Roger C. Rees, Deputy City Attorney
Approved: Forwarded to Council:
Mar ha Jo Moutrie nt Ewell
Cit orn Ci anager j
3
City Council Meeting: November 10, 2009 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 7.20 OF THE SANTA MONICA MUNICIPAL CODE, RELATING
TO THE WOODLAWN CEMETERY AND MAUSOLEUM
WHEREAS, the City of Santa Monica owns and operates the public cemetery
known as the Woodlawn Cemetery and Mausoleum of the City of Santa Monica; and
WHEREAS, the City wishes to enhance the Cemetery's economic viability and
also to protect its quietude and aesthetic values; and
WHEREAS, the Municipal Code currently has residency and other restrictions
limiting ownership of plots in the Cemetery; and
WHEREAS, the Municipal Code currently contains provisions restricting the
flexibility of Cemetery management and operations; and
WHEREAS, the City desires to eliminate or modify such restrictions in order to
enhance Cemetery operations and economic viability; and
WHEREAS, the Municipal Code does not currently provide any authority for the
Cemetery Administrator to adopt rules and- regulations; and
WHEREAS, authorizing the Cemetery Administrator to adopt rules and
regulations concerning the management, supervision, and use of the Cemetery is in the
best interest of the City and the Cemetery; and
1
WHEREAS, the Municipal Code currently does not authorize the Cemetery
Administrator to sell plots, crypts, or niches on a pre-need basis using payment terms;
WHEREAS, authorizing the Cemetery Administrator to enter into interment sales
orders to sell plots, crypts, or niches using payment terms will enable to the Cemetery to
offer more competitive products and services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.20. is hereby amended to read as follows:
7.20.010 Definitions.
Cnr +~ ~f frh'c-i~ n hn'n .~ .Jn nr! ~ h n .~~a~e_fR;r~~d
"Cemetery" is the "Woodlawn Cemetery and Mausoleum of the City of Santa
Monica."
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., .....,.~ ~ .., .... .... .. ..................... ....~ ,..~~,. ~......y ..~_...... _..,_...~_... ._. _.~
2
"Cemetery Capital Account" is that account in the Cemetery Fund set apart for
the deposit of funds for equipment and construction at the cemetery.
"Gemeten/ Endowment Care" is the cost charged by the Cemetery to pay for
Cemetery services, including administrative expenses the cutting of grass at
reasonable intervals, the raking and cleaning of grounds; the pruning of shrubs and
trees and the general preservation of the plots, grounds walks roadways boundaries
structures, and any other expenses necessary to ensure that the Gemetery shall be
perpetually well maintained.
"Gemetery Endowment Care Fund" is the sinking fund set aparf in the City
accounting system for the deposit of all monies received for Cemetery Endowment
Care.
"Gemetery Fund" is the fund in the City accounting system set apart for the
deposit of all monies received from the sales of all items and services, except for the
specific items of Cemetery_Endowment Care and Mausoleum Endowment Care.
"Mausoleum Endowment Care" is the cost charged by the Cemetery to pay for
the Cemetery's mausoleum and related services including administrative expenses the
cleaning and maintenance of the Cemetery's mausoleum, its floors, walls, windows,
3
stained glass windows, and anV other expenses necessary to ensure that the
Cemetery's mausoleum shall be perpetually well maintained.
"Mausoleum ~erpetualEndowment Care Fund" is the sinking fund set apart in the
City accounting system for the deposit of all monies received for Mausoleum
~efpett+alEndowment Care.
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7.20A20 Rules and regulations.
The Cemetery Administrator is authorized to adopt rules and regulations
concerning management supervision and use of the Cemetery and any lop t crypt, or
niche therein, provided such rules and regulations are not inconsistent with the
provisions of this Chapter. Such rules and r~ulations shall be promulgated for the
purposes of ensuring that the Cemetery is operated and maintained in a manner that
promotes the Cemetery's economic viability, its quietude and its aesthetic qualities and
that respects the sensibilities of persons using the Cemetery.
7.20A30 Interment sales orders.
The Cemetery Administrator, or his or her designee, is authorized to issue
interment sales orders on a form approved by the City Manager and the City Attorney,
for the sale of any plot crypt or niche for casketed or cremated human remains, and for
any produc#s or services related to such interment including, but not limited to, the sale
of Endowment Care caskets vaults urns and/or memorial services in accordance
with the Cemetery's fee schedule.
7.20.890-OA~O ~er~etualEndowment Care required.
~~~er-pet~alCemetery Endowment Care shall be sold with each plot and the
proceeds of such sale shall be deposited into the Cemetery Endowment Care Fund.
5
(b) Mausoleum Endowment Care =shall be sold with a~burial-each p{ets~
crypts; afad-or niche and the proceeds of such sale shall be deposited into the
Mausoleum Endowment Care Fund.
s-
7.20.050 Use of Endowment Care Funds.
No part of the principal of the Cemetery RerpetuaCEndowment Care Fund or
Mausoleum etuaJEndowment Care Fund shall be a*pef}ded-utilized for any
purpose other than for making such lawful investments as the City Couricil may direct.
The interest earned by the Cemetery Endowment Care Fund and the Mausoleum
Endowment Care Fund ~'°r ~~°~' fr^^, ° ,^" '^,~°°+~-^n^+° °"°" may be transferred to the
Cemetery Fund for payment of tk~Cemetery expenses-e# P--erpett+al-Gars.
f m°+e, r, o rnn+ ~ rnrn chn~~ hn gy'm'+.~r! +n +4, e~ ' '„°iJ frnm +hn
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7.20.~~0-060 Price and fee schedule.
The price for all ~reperty-plots crypts, and niches, for all caskets, vaults, and
urns, and for aa~i-all services +hr^ 'nhn ++hn r.,rr.n+n.,, '...,I,,,+~nn +hn nn.,,,~nl., rv. shall
be established through a fee schedules to be fixed from time to time by resolution of the
City Council.
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7.20.30-070 Tr~nJfGTl~rahibition an resale of plots, crypts and niches.
v mnrr ch.+^ not tr far II +h nin+c n,n+c nr n'nhoc tnnn~_
vvrTi'TJt'rcrtr'rivc-irQTl~u-rte .r 1........~n.. J~.....~ ...... ..,._ ._ _.
Except as provided herein
actually-rendered no person may resell any plot crypt or niche. Upon agreement by
the owner(s) of any vacant plot crypt or niche or the legal representative of the
owner(s) the Cemetery may repurchase such plot crypt, or niche for an amount not to
exceed the original purchase price less Endowment Care costs products purchased
and services rendered.
nlon~c trnnc~f~re~~_„T, r7 r~~nr n+ onm n+'ma nr'nr }n n rnhne.o h.~rl hn c'rdnn+ fnr
7.20.080 Full t~aymen# as condition far interrrrent
Until the Cemetery has received full payment for
any plot, crypt. or niche and any associated products or services
for no casketed ar cremated human remains shall be interred in and no memorial or
9
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7.20.38-090 e+~tRight to refuse interment.
The City Cemetery reserves the right to refuse ar~tien--erinterment of any
casketed or cremated human remains '^d°rr-:°^± :^ 'c..r!e! c^^^° for any lawful
.^, ~' r..,..
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7.20.4~~-100 Rights reserved ,
The Cemetery shalt have the right, in order to ensure the Cemetery's efficient
operation and aesthetic qualities to take any of the following actions deemed necessary
by the Cemetery Administrator:
ta) Two-enlarge, reduce, replat or change the boundaries or grading of
the Cemetery or o+ ° °°^+'^^ ^ °°^+'^^cany part thereof;
(b) .~,,.~, +~.~,° +., +.,,° ,,,,.~, a,^^ +h° ..^h++^ improve remove modify or
change the location of, any_roads, drives or walks in the
Cemetery
(c) .,.++~°.°^f ~~ ti°r°ti„ . ,°~ -r+,° . ^+,++° lay, maintain-an~#
operate, or alter--exchange pipe lines or gutters for sprinkling systems, drainage, lakes,
etc. and
(dj -ts--aEse-;tis<.; deG, a° ~^~°': -the right--te-use Cemetery property; not
,for any lawful cemetery-purposes '^^' ~'"^^ +s,° :,,+°r
dental
7.20.110 Rights over plots.
Except for any plot upon which a private mausoleum is located -Tthe Semetery
City reserves to itself, and to the general public, a
perpetual right of ingress and egress over each plots in the Cemetery for the purpose of
passage to and from any other ethex-plot in the Cemeterys.
21
hnGVnnfl +ha ~+rnan#-+nnn of c rh Flnrnl nianac. fnr fr In r.~l c n~'
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7.20:x08.120 Rubbish.
o°.,,,rr r,r+nr,nr, +'^,^,nro Ali persons are prohibited fram throwing delJOSitinq or
leaving rubbish ar trash -er--readwa~sanywhere within
the CemeteN except, in the receptacles placed throughout the
Cemetery for such purpose.
. _r,,.,ray...+.~~.,,,.~....~..,:+a-...,sti.. .. ..+n...
n nr7 rr+nrJc llnly +hn ..In+ noun or ~nrJ hic rnl.~+'v droll ha narm'+Fe.rl nn +ho t'nme~+ r+n
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23
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°~-~tr"rc7ininn° ,x,h°+hcr omhrn nc.f! in +h°~~~?~nr not nnrl nn 'mnrr,n r;°~tx~c
7.20.130 Firearms prohibited.
All persons are prohibited from possessing any a'^ n°rr nr ncro^nn ,x;+h
loaded or unloaded firearm °"°" "° ^°rm•++°,+ }^ nntnr within the Cemeterygrout~ds,
except as authorized by the Cemetery Administrator for t~pan-attendance--aka military
funeral or on Decoration DaV. This prohibition shall not apply to ; ~^°police or
other law enforcement officers ~;~"^ -'^ °^ F°r +h° rn+°n+;nn nr nnnrl .n+ nF +h° ~mm~+nn
7.20.x20140 ~athering or damaging of plants or animal life C-,-:o~„ers; ate.
All persons are prohibited from doing any of the following in the Cemetery
-picking, taking, or removincZsY3~~"°r ^r<9^-a~flowers~
!b) °'+hnr ,.,;Ir, nr n„I+;.,^+°,, r.r damaging an~k~reak+r~g-trees, shrubeea}s or
plants,; or
(c} -er-feeding or disturbing the-a~birds or other animal life.
24
7.20. X50 Vehicles.
All persons are prohibited firom driving any vehicle on the Cemetery grounds
except on the designated roadways therein, unless authorized in advance by the
Cemetery Administrator or his or her designee. "'^ ^~ ~+,..,.,,h ,,, „r „+h~r „oh nio ~h-.u ho
r~r cho~l o c ha lo# r
, ,vrsrrui'rc-i-~mv°~-v~ro-ir, u°-r~.~ror "'ua-OUc
, , r
7.20.aA~0'960 Soliciting-~~~v~rtismg.
All persons are prohibited from A}e-soliciting
warl~on the Cemetery grounds ,
~iacE'-or .. ..,'+ .,.,,, ~ ,.r .,r,.. ~a..o.+'~' .,.,+, r ., +h.. ~o...~+~.,, .. .,.~~
riltEs:
~k~
Ain n rcnn n nnrcnno nn+ o nirnror7 by #ho (`nm ntnn~ n }hnr # inn chnlt e~..nnnn+n
(`nmo#nni n'+hn nhr. n+ h'n nn+hnr'o n
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rs
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7.20. 170 Trespassing or loitering prohibited.
All persons are prohibited from being present at the Cemetery without any lawful
purpose related to the
Cemetery,
7.20.180 Pena9
Any person vialating any provision of this Chapter shall be guilty of an infraction.
which shall be punishable by a fine not exceeding two hundred fifty dollars or a
misdemeanor which shall be punishable by a fine not exceeding one thousand dollars
per violation or by imprisonment in the County Jail for a period not exceeding six
months or by both such fine and imprisonment.
26
J;
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
.Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
MAR JO S OUT I
City orne
27