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HomeMy WebLinkAboutItem 4.6 - 2325 Cemetery Policy Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Creation of a Cemetery Policy Prepared by: Tegan McLane, Heritage and Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider the adoption of a Cemetery Policy. The Policy defines activities and items that are allowable and prohibited in the Dublin Pioneer Cemetery and outlines maintenance standards for Cemetery common areas and privately-held grave plots. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Cemetery Policy. FINANCIAL IMPACT: Cemetery maintenance costs are included within the Parks Maintenance budget previously approved by City Council. DESCRIPTION: The City of Dublin purchased the Dublin Pioneer Cemetery property from Dublin Cemetery Inc. in 1992. As part of the purchase agreement, the City assumed responsibility for maintaining the property as an active cemetery, coordinating burials for the existing plot-holders until the plots have been filled, and providing care of the grounds in perpetuity. Shortly after the purchase and over the intervening years, the City has implemented various operational procedures related to those obligations. However, no formal Policy was ever adopted. In the absence of a Policy, there has been some confusion regarding permissible activities within the Cemetery and regarding the standards of maintenance the City is expected to provide. In recent years, Staff has fielded questi ons from plot holders and the community regarding weed control, landscaping, trash removal and general repairs. Page 2 of 2 To address these concerns and clarify the City's responsibilities, this draft Cemetery Policy has been developed by Staff and reviewed by the P ublic Works Superintendent and City Attorney. (Attachment 2) Staff recommends City Council adopt the proposed Cemetery Policy to take effect January 1, 2019. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Notice of the proposed Policy was provided to Cemetery plot holders. ATTACHMENTS: 1. Resolution Adopting the Cemetery Policy 2. Exhibit A to the Resolution - Draft Cemetery Policy ATTACHMENT 2 RESOLUTION NO. XX - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ADOPTING THE CEMETERY POLICY WHEREAS, the City of Dublin (“City”), State of California, has owned and operated the Dublin Pioneer Cemetery since its purchase from Dublin Cemetery, Inc., in 1992; and WHEREAS, the Dublin Pioneer Cemetery is an active Cemetery, still being used by local families for burials of human remains; and WHEREAS, the Dublin Pioneer Cemetery is a site of great historic interest, containing the graves of some of Dublin’s earliest settlers and founders; and WHEREAS, the Dublin Pioneer Cemetery is located within the bounds of Heritage Park and is accessible to the general public in the course of their enjoyment of the park grounds; and WHEREAS, the City of Dublin desires to balance the interests of various types of cemetery users and maintain the Cemetery in a safe, dignified and attractive manner in perpetuity. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the Cemetery Policy, attached hereto as Exhibit A to the Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ATTACHMENT 2 _________________________________ City Clerk     THE CITY OF DUBLIN CEMETERY POLICY The Dublin Pioneer Cemetery (“Cemetery”), located on the grounds of Heritage Park, has served as a final resting place for Dublin residents since the early days of pioneer settlement. The first burial in the Cemetery occurred in 1859, and it remains active for burials only. All available plots have been sold. Although the primary purpose of the Cemetery is to serve as a burial park, the Cemetery is also a historical and educational resource for residents and visitors. Guided group tours are available with a reservation, and individuals are welcomed to take self-guided tours during daylight hours. The Cemetery is open to the public daily, from sunrise to sunset. The City maintains the common areas of the Cemetery and shares the responsibility to maintain each plot or grave with the plot- owning family. Service and volunteer groups are invited to assist in the maintenance of historic plots or graves that have no surviving family members. This Policy outlines the rules and etiquette for use of the Cemetery and identifies maintenance standards and procedures. The City has owned and operated the Cemetery since 1993 and has the authority to promulgate and enforce this Policy under California state law. The City expressly reserves the right to amend this Policy without notice. 1. Purpose. The City owns and operates the Cemetery and has jurisdiction over the general management, conduct and regulation of burials, as well as the disposition and management of plots. While all available plots have been sold, the Cemetery remains active and serves existing plot owners who are entitled to bury family members on the site. This Policy in intended to: a. Establish rules and regulations for allowed Cemetery uses. b. Identify roles and processes to ensure that the Dublin Pioneer Cemetery is managed and maintained in a dignified manner appropriate to its history and consistent with the City’s standards for park maintenance. c. Encourage groups and individuals with an interest in the Cemetery to share in the responsibility of protecting and preserving the Cemetery for future generations. 2. Definitions. The following words and phrases, whether capitalized or not, shall have the meaning defined in this section. All other words in this Policy shall have their customary dictionary definition unless the context suggests a contrary intention: a. Burial means the process of placing human remains in a grave. b. Grave means a space of earth in a burial park that is used or intended to be     used for the disposition of human remains. c. Interment means the permanent disposition of the remains of a deceased human being by burial, cremation, inurnment, or entombment. d. Marker means the memorial placed upon the gravesite to identify the individual interred; also grave marker or gravestone. e. Monument means a memorial erected on a plot principally to identify the family name. f. Opening and closing of grave means the excavation of earth and other materials for the creation of the grave and the subsequent refilling after burial. g. Person means an individual, partnership, association, society, organization or corporation. h. Plot means the subdivision of land in a cemetery for the interment of one or more person(s). i. Plot owner means any person who is record owner of a plot 3. Purpose and Use of Cemetery. The primary purpose of the Dublin Pioneer Cemetery is to serve as the burial location for human remains. This purpose supersedes all other uses of the Cemetery. Secondarily, the Cemetery is a community heritage resource of great educational value. Finally, because it is located within the bounds of a Community Park, the Cemetery is considered passive park space where the general public is free to walk and enjoy the grounds. The City of Dublin complies with and enforces all applicable state laws concerning cemeteries. a. Use for Burials and Graves. i. Burials are restricted to existing plots. Plots are owned by the plot owner and his/her descendants. Plots may be used as the family wishes to bury family members until the capacity for graves within the plot has been reached. ii. Plots may not be re-sold. iii. Opening of grave, burial, and closing of grave must be coordinated through the City and performed in compliance with state law and current City procedures, including the payment of all necessary fees. Grave and burial costs are included in City fees. The City will determine the contractor. iv. Installation of any permanent feature within the plot, including monument, marker, and curbing, must be coordinated through the     City and performed by a contractor approved by the City. Contractors must obtain City of Dublin business licenses and provide satisfactory proof of insurance in order to be approved. v. Any permanent plot landscaping, such as the addition of stones or planting, must be approved by the City. Planting is restricted to slow-growing, low-maintenance, drought-tolerant plants that will not infringe on neighboring plots. vi. Graveside memorial services must be coordinated through the City. b. Use for Tours and History-Related Events. i. Guided Cemetery tours are available for students and other groups with a reservation and payment of small fee. ii. Individual visitors are welcome to take self-guided tours daily during public hours between sunrise and sunset. iii. The City reserves the right to host public tours and other history- related events in the Dublin Pioneer Cemetery at any time. All activities in the cemetery are historical and educational in nature and conducted in a respectful manner. c. Passive Park Use. i. The Dublin Pioneer Cemetery is open to the public from sunrise to sunset. ii. All City of Dublin Park Rules and Regulations are applicable to the Dublin Pioneer Cemetery. iii. Park users must abide by general cemetery etiquette listed below in section 5(a). iv. Dogs must be leashed. 4. Cemetery Maintenance. It is the City’s desire to maintain the Cemetery in a way that is respectful to all ownership interests. The City is responsible for general and overall maintenance and retains the right to maintain all areas of the Cemetery and remove debris and materials it deems dangerous, unsightly or offensive to the public. a. Common areas. i. Common areas of the Cemetery will be regularly maintained by the City. Common areas to be maintained include the parking lot, pathways, wayfinding and historical signs, trees, fences and     perimeter landscaping. ii. The City will hire professional contractors as needed to tend to common areas and will welcome assistance from volunteer groups. Volunteer group clean-ups must be coordinated through the Public Works Department (as during Dublin Pride) or directly with the Heritage Parks and Museums staff. iii. The City’s maintenance standards for the common areas are: (1) Pathways will be kept clear of branches and vines and piled leaves. (2) Dirt pathways, which are prone to mud, will be left with a thin carpet of natural leaf debris to minimize soil erosion. (3) Accepted safe herbicides will be used for weed control, as needed. (4) Weeds will be cut and removed a minimum of twice a year (late Spring and early Summer). A third weed cutting may be scheduled in wet years. (5) Non-routine maintenance issues, such as downed trees, broken signage or broken fencing, will be immediately secured in a safe manner and repaired as soon as practical. b. Plots and Graves. i. Maintenance of plots and graves within the Cemetery are the shared responsibility of the City and plot-owning families. Plot and grave maintenance includes trash, debris and weed removal, and plant care as applicable. ii. Plot owners may choose to take sole responsibility for care of their plot and graves if they wish. To exercise this choice, plot owner must provide the City annually with contact information of a local family member who will care for the plot and graves and who will remedy maintenance issues within two weeks of receiving notice from the City as to the maintenance issue. For plot owners who exercise this option, the City will install a small sign to indicate the plot is family maintained. Staff will refrain from entering the plot and will similarly prohibit access by contractors or volunteers. City staff will contact the family member and document any requests for maintenance. Should the family be unable to address maintenance concerns within a reasonable time, the City will exercise its right to maintain the plot.     iii. The City will hire professional contractors as needed to provide minimal care to plots and graves. The City will welcome assistance from volunteer groups and individuals in maintaining plots and graves. Volunteer group clean-ups must coordinated through the Public Works Department (as during Dublin Pride) or directly with the Heritage Parks and Museums staff. iv. The City may encourage service and volunteer groups to adopt historic plots and graves where no surviving family members remain. If a service group agrees to maintain its section monthly for a commitment of one year, the City will install a small sign indicating that the section is maintained by the group. This will only be available for plots and graves where the City has no valid plot owner contact information and no new graves in the past 20 years. This is not a sponsorship; no business or organization logos would be placed in historic plots. v. The City’s maintenance standards for plots are: (1) Accepted safe herbicides will be used for weed control, as needed. (2) Weeds will be cut and removed a minimum of twice a year (late Spring and early Summer). A third weed cutting may be scheduled in wet years. (3) Non-routine maintenance issues, such as downed trees, broken headstones and sinking grave plots will be immediately secured in a safe manner and repaired as soon as practical. c. Regular inspections. i. Heritage Park Staff will visually inspect the entire cemetery on, at minimum, a monthly basis and shall report any maintenance issues to Maintenance Staff. ii. A walk-through with the maintenance contractor shall be conducted at least annually and after any significant damage, such as tree falls or earthquakes, to identify and address any maintenance and repair concern d. Records keeping. i. To the best of its ability, the City shall maintain records on the graves within Dublin Pioneer Cemetery and make this information available to the public upon request.     ii. The City welcomes genealogy and history groups to research and assist with cataloging historical data on the individuals interred at the Dublin Pioneer Cemetery. 5. Special Restrictions. The following Rules and Regulations pertain only to the Dublin Pioneer Cemetery: a. Cemetery Etiquette i. Out of respect and for safety reasons, no climbing, standing, sitting or leaning upon grave markers. Also, avoid walking over graves. ii. Grave rubbings are not permitted. iii. Picnicking within the graves is not permitted. iv. Running and playing games such as hide-and-seek within the graves is not permitted. b. Grave Décor i. Family members and their designees may leave flowers and other tribute items within plots. ii. The City assumes no responsibility for items left on graves or in plots. iii. The City reserves the right to remove any item it deems a safety hazard, unsightly or offensive. iv. Any holiday items will be removed by Staff three weeks after the holiday passes. c. Veterans Events i. Veterans recognition events – including installation of flags – must be approved by the City in writing. ii. Ceremonies involving gunshot salutes require additional coordination with Dublin Police Services. Organizers may be required, at their own expense, to notify neighboring residents and businesses of any planned salutes. 3081748.1