HomeMy WebLinkAboutMINUTES - 07101990 - FC.2 TO: BOARD OF SUPERVISORS s Contra
1 C
FROM: 1
Finance Committee s Costa Jta
: .
� • -�°
DATE: July 10, 1990 ��'rrq c6iK� c►y, County
SUBJECT: INDIGENT CREMATIONS AND BURIALS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOP94ENDATIONS
1. Adopt revised Resolution No. 86/13 "In the Matter of Policy
for County Interments" .
2 . Accept the report on indigent cremations and burials.
3 . Direct the County Administrator to discuss possible revision
of rates for cremations and burials with Funeral Directors
and to refer recommendations to the Budget Committee.
FINANCIAL IMPACT:
None at this time.
BACKGROUND:
On March 27, 1990, the Board of Supervisors directed the County
Administrator to review requests (attached) by the Union Cemetery
District in Brentwood and the Oak View Memorial Park Cemetery in
Antioch for increases in County payments for indigent burial
services, and to report to the Finance Committee regarding these
requests.
These letters state that the County' s payment rate for burial of
indigents of $240 does not cover the cemeteries ' "minimum costs" ,
which are $1,006 at Union Cemetery District and $1,063 at Oak
CONTINUED ON ATTACHMENTYes SIGNATURE:
RECOMMENDATION F INISTRATOR -RECOMMENDATION OFBOARDCO TTEE
APPROVE R / ''^II R44W
R hro er Tom Torlakson
SIGNATURE (S):
ACTION OF BOA D ON '1111V LILA 1 1;90 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
III I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED 19 4?0
Health Services Director P BATc LOR,CLERK OF THE BOARD OF
Social Services Director SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner
District Attorney - Pub. Admin.
BY DEPUTY
M382 (10/88)
. r
-2-
View. Both cemeteries state that unless " . . .the County
renegotiate(s) . these fees in good faith. . .we will be forced to
drop all indigent burials after the beginning of our next fiscal
year, July 1 , 1990. "
Furthermore, the Union Cemetery District' s letter states that the
District may be in jeopardy of violating - two laws due to current
County reimbursement rates: ( 1) California State Constitution
Article 16, Section 6 , "which prohibits the State government or
any of its subsidiaries from giving away public funds" ; and
( 2) Health and 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. "
The County Administrator asked County Counsel to research the
legal issues and a "cremations only" policy for Contra Costa
County. Based on their recommendations, the attached resolution
has been drafted which changes Section 1 of Resolution No. 86/13
from the selection of cremation or ground burial by the
indigent' s surviving relatives to "cremation only" except for
religious preference.
Rates
Current County policy regarding rates for interment of indigents
is stated in Board Resolution 86/13 effective February 1 , 1986 .
Payment allowances for cremations and burials are as follows:
For Age Groups
Under Age 7 Over Age 7
Cremations
Interments $100 $150
Memorial Svc. $100 $150
Container/
Body Removal $150 + $150 +
$ . 25/mi. $ . 25/mi.
Under Age 3 Over Age 3
Burials
Services $185 $450
Body Removal $100 + $100 +
$ .25/mi. $ . 25/mi.
Plot $ 90 $240
Expenditures for Indigent Burials and Cremations
During the current fiscal year, the County has paid for a total
of 39 burials and related services and 61 cremations and related
services for a total of $55, 000. Of the 39 burials, less than
10% were for religious reasons.
Twenty-two providers, including mortuaries, funeral homes,
memorial parks and crematories have been paid for indigent burial
and cremation services. Union Cemetery District has been paid for
one indigent burial the sum of $310 or . 5% of total expenditures.
Oak View Memorial Park has been paid for 16 indigent burials the
sum of $3 , 600 or 6. 5% of total expenditures.
-3-
Legal Issues
County Counsel reviewed Union Cemetery District' s concerns. They
concluded that the District was not in jeopardy of violating
either law. The District may "give away" burial services, as
these services are of the kind they customarily provide. Further,
the relationship between the County and the District is a matter
of policy. The County may set rates as it sees fit. The County
may, but is not required to, establish a contract with the
District for burial services provision and reimbursement.
Other Counties
Five counties were surveyed to determine their indigent interment
policies and rates. Most significantly, Alameda, Santa Clara, and
San Mateo Counties pay for cremations only. Rates range from
$97. 50 in Alameda County to $285 . 50 in San Mateo County.
Finance Committee
At the Finance Committee meeting a couple of Funeral Directors
expressed concern that rates for cremations and burials had not
been raised in four years. Current costs for clients are higher
than those alloted for indigent services. Staff was directed to
work with these Directors to discuss possible revision of rates
and to refer recommendations to the Budget Committee on
July 25th.
Ktvturt
BYRON-BRENTWOOD- t Jt✓ty
~, UNION CEMETERY DISTRICT-
!� P_O. BOX 551 — BRENTWOOD, CALIFORNIA 94513
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, ar. 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 70 00 (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 at 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 (o x;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 , whish
prohibits the Slate Government or any of its subsidiaries
( counties , cities or special districts) from giving away public
UOd � Or service; .
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 earliest possible
convenience .
Yours very truly ,
i
Wilmer H . White , Chairman
Board of Trustees
/
/ cc :
`/ P. Batchelor
T. Powers
%,1N . Fanden
R . Schroder
S . McPeak
Brentwood Funeral Home
Higgins Chapel
Oak View Cemetery
IV'
Oak View 'This institution is operated as'AN ENDOWMENT CARE'interment property"
Memorial
Park Cemetery 2500 EAST 18th STREET, ANTIOCH, CALIFORNIA 94509 TELEPHONE (415) 757-4500
March 13, 1990
Supervisor Tom Torlakson
300 E. Leland Ave, Suite 100
Pittsburg, CA 94565
Dear Supervisor Torlakson:
You are probably not aware that Oak View Memorial Park has been
providing the County of Contra Costa with County Indigent Burial
Services for the 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 put 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 law,H&S
Total costs ' $71.5. 00 Code sect. 8738 )
�,,e 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
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
the 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
FC.
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Policy for )
County Cremation of Resident ) RESOLUTION NO. 90/452
Indigent Decedents )
The Contra Costa County Board of Supervisors RESOLVES that:
Under the provisions of Welfare and Institutions Code Section 17009, the
Contra Costa County Board of Supervisors hereby adopts the following policies and
procedures applicable to County cremation or burial of resident indigent decedents,
effective August r, 1990.
1. County Policy The method of County disposition of resident indigent
decedents shall be by cremation, unless the County has actual notice that a
decedent objected to cremation on religious grounds, in which case disposition
shall be by ground burial. Disposition may be authorized only by one of the
following or his designee: the Health Services Director, the Social Service
Director, the Sheriff-Coroner, or the District Attorney-Public Administrator.
2. Disposition Allowance The County will pay the following allowances for
the disposition of the deceased. These allowances may be increased only in
exceptional circumstances on approval by the County Administrator or his designee.
A. Cremations: Funeral directors or cemetery directors will be allowed
$150 for cremation and interment in the case of a decedent aged seven
years or older, and $100 in the case of a decedent under seven years of
age. $100 will be allowed for a memorial service if authorized by the
officer authorizing the disposition. $150 plus $0.25 per mile (up to 15
miles round trip) will be allowed for the costs of an appropriate
container, body removal, and administrative costs. An allowance for
excess mileage may be made in accordance with Section 2.C.
B. Ground burials in cases of religious exceptions: Funeral directors
will be allowed $450 for funeral services and burial in the case of a
decedent agent three years or older, or $185 in the case of a decedent
under three years of age. Funeral services shall include proper
embalming of the decedent, suitable clothing of the decedent, provision
of a regularly manufactured, cloth-covered and trimmed casket such as a
"flat square" casket, provision of a suitable memorial service, and
arrangement for burial. In the event that all of these services are not
provided, the County Administrator shall authorize only a pro-rata share
of the maximum allowance. $100 plus $0.25 per mile (up to 15 miles
round trip) will be allowed for body removal and administrative costs.
An allowance for excess mileage may be made in accordance with Section
2.C. Cemetery operators will be allowed $240 in the case of a decedent
aged three years or older, or $90 in the case of a decedent under three
years of age, or providing a burial plot.
C. Excess mileage: Funeral directors who are reasonably required to
travel more than 15 miles round trip to make dispositions shall be
allowed $0.25 per mile for the total round trip mileage.
3. Repayments Any monies received by the funeral director or the cemetery
operator for the disposition of the indigent decedent from the decedent's family or
friends, from the decedent's Veterans Administration, Social Security or other
insurance benefits, or from any other source, shall be turned over to the County
Treasurer.
PASSED on July 10, 1990 by unanimous vote of the Board members present.
I hereby certify that the foregoing is a true and correct copy of an
order entered on the minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the
Board of Supervisors affixed this
10th day of July, 1990.
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By: Deputy Clerk