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Home My WebLink AboutMINUTES - 03271990 - S.5 s. s THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 27, 1990 , by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Review of Cemetery Facilities Countywide Supervisor Tom Torlakson presented the attached report to the Board relative to requests for a review of County indigent burial reimbursement policy. After discussion by Board members, IT IS ORDERED that the matter is REFERRED to the Economic Progress Committee (Supervisors Powers and Schroder) to review Countywide cemetery facilities and the County' s policy relative to reimbursement for indigent burials. IT IS FURTHER ORDERED that LAFCO is REQUESTED to develop guidelines to require that areas designated for use as cemeteries be included in city general plans in the event of annexation. cc: Economic Progress Committee Louise Aiello, CDD LAFCO County Administrator I hereby certify that this is a true and correct copy of an action taken rnd entered on the minutes of the Board of Supervisors on the date shown. ATTESTED.. 10 � a�-/. /990 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Deputy S. 5 i-O: BOARD OF SUPERVISORS FROM: Supervisor Tom Torlakson Contra Costa DATE: UV March 27 C , 1990 County REFER TO FINANCE COMMITTEE REQUEST FOR INCREASE IN SUBJECT: REIMBURSEMENT FOR INDIGENT BURIAL SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REED ACTION: Refer to the Finance Committee to consider request for an increase in county reimbursement for indigent burial services . BeC ROUND If ATIOH: I have received letters from the Byron-Brentwood-Knightsen Union Cemetery District and the Oak View Memorial Park Cemetery requesting that the county consider an increase in reimbursement for county indigent burial services . (Please see attachments . ) CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HERE CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRE COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED O THE MINUTES OF THE BOARD OF SUPERVISORS O E DATE SHOWN. CC: ATTESTED Phil Batchelor, Clerk of th and of Supervisors and County Adrainis r MS82/7-e3 BY , DEPUTY d Oak View / "This institution is operated as'AN ENDOWMENT CARE'interment property" Memorbl Park Cemetery 2500 EAST 18th STREET, ANTIOCH,CALIFORNIA 94509 TELEPHONE (415) 757-4500 March 1 , 1�90� Super isor Tom Tor�akson .. 300 . Leland Ave, Suite 100' 1?� .�•cE_1VE[j NAR Pitt burg, CA 94565 Dear upervisor T/rlakson: You are robabl'y not aware that Oak View Memorial Park has been providin the%County of ,Contra Costa with County Indigent Burial Services for tite last two years, well after all other cemeteries in the county discontinued this practice. The current reimbursement from the County of Contra Costa to its various cemeteries for the burial of indigent persons is at the rate of $240 . 00 , an amount set by the Board of Supervisors in 1983 . However, due to inflation and other cost factors , that amount is far from adequate in covering even minimal costs to our cemetery. By accepting an amount which is so far below our minimum costs, our cemetery has been Out in the position of possibly violating laws which were placed to protect "endowment care" cemeteries. After analyzing this district ' s cost for each burial, we are forced to ask that the county renegotiate these fees in good faith or we will be forced to drop all indigent burials after the beginning of July 1 , 1990. Our costs are as follows: Burial plots $425.00 Opening & closing 300.00 Endowment care 70.00 (Set by state la•w,H&S Total costs $700.00 , Code sect. 8738) We also realized that current indigent payments have caused Oak View Cemetery to violate its own policy, that of requiring that all burials be placed in. an outer burial container (vault CEMETERY • MAUSOLEUM • CREMATORIUM • COLUMBARIUM Supervisor Tom- Torlakson Page Two (Con ' t. ) or liner) . The minimum to cover this cost is $250 . 00 plus 7 . 25% sales tax. Currently, indigents are buried without an outer burial container. By adding these amounts, our costs would increase to $1 , 063 . 13. Oak View Memorial Park, as a privately owned cemetery, would continue to handle county services in the future if the above changes can be obtained in addition to the handling of all county indigent cremations . This would only seem fair, since we are thy: only memorial park currently providing this county with the indigent ground burial program at a. financial loss . We would appreciate any help your office could give to us in rectifying this situation and in getting it before the Board of Supervisors. Sincerely, Robert W. Moore cc: P. Batchelor T. Powers N. Fanden R. Schroder S. McPeak BYRON-BRENTWOOD - KNIGHTSEN UNION CEMETERY DISTRICT P.O. BOX 551 — BRENTWOOD,CALIFORNIA 94513 RECEIVED 1. 7. 1990 February 22 , 1990 Supervisor Tom Torlakson 300 E . Leland Ave , Suite 100 Pittsburg , CA 94565 Dear Supervisor Torlakson : The current reimbursement from the County of Contra Costa to its various cemeteries for the burial of indigent persons is at the rate of $240 . 00 , an amount set by the Board of Supervisors in 1983 . However , due to inflation and other cost factors , that amount is far from adequate in covering even minimal costs at our cemetery . By accepting an amount which is so far below our minimum costs , our cemetery has been put into the position of possibly violating laws which were placed to protect district cemeteries . After analyzing this district ' s cost for each burial , we are forced to ask that the county renegotiate these fees in good faith or we will be forced to drop all indigent burials after the beginning of our next fiscal year , July 1 , 1990 . Our costs are as follows : Burial plots $400 .00 Opening & closing 300 .00 Endowment care 7n nn (Set by state law , H&S Code sect . 8961 . 6) Total costs 770 .00 We have also realized that current indigent payments have caused Union Cemetery to violate its own policy , that of requiring that all burials be placed in an outer burial container (vault or liner) . The minimum to cover this cost is $220 .00 plus 7 . 25% sales tax . Currently , indigents are buried without an outer burial container . _ By adding these amounts , our costs would increase to $1 , 005 . 95 . At the current rate of payment , Contra Costa County has placed Union Cemetery District in jeopardy of a possible violation of the California State Constitution Article 16 , Section 6 , which prohibits the State Government or any of its subsidiaries (counties , cities or special districts) from giving away public goods or services . Supervisor Torlakson February 22 , 1990 Page 2 We would also like to direct your attention to Health & Safety Code , Article 8961 . 6 which states that a contract shall exist between each special district and its county to set the price and conditions of burying indigent persons . No such contract exists at this time . We realize that since there are only two special district cemeteries (ours and the Alamo-Lafayette) in Contra Costa County , that you might not be aware of all the laws governing the burial of indigents at a special district cemetery . We would appreciate any help your office could give to us in rectifying this situation and in getting it before the Board of Supervisors . We look forward to hearing from you at your earliestpossible convenience . Yours very truly , Wilmer H . White , Chairman Board of Trustees cc : P. Batchelor T . Powers N . Fanden R . Schroder S . McPeak Brentwood Funeral Home Higgins Chapel Oak View Cemetery