SR 06:049 - Laserfiche WebLink

In addition to the largely undeveloped sooth hill, there is a small, undeveloped area located at the entrance of Memorial Gardens near the parking area and offices, which the CWTent Cemetery management says could be developed for graves. IV. ISSUES 1. MainteD:lDcelRegulatioD The Memorial Gardens is maintllined on a sporadic basis by volumee:rs (generally church groups), individual family members of the deceased, and the Cemetery's part-time manager. The manager periodically mows the grounds and approximately twice a year volunteers weed the older sectiODS. In some areas, family members of the deceased have landscaped and maintain iDdividual gravesites. On recent site visits, staff noticed lhal the older graves were generally not as well tended as tbe newer ones. In many areas there is no formal landscaping. and it appears that maincenance is limited to mowing. weed abatement and some watering.. The issue oflhe Cemetery's maintenance.. or lack thereof, has been addn:sscd periodically by the City Council over the past 35 years. Individuals and groups, like the current citizen's group, have approached the City Council complaining that the Cemetery is poorly maintained and requesting the City's assistance to enhance the Cemetery's appearance and standard of care. For many of these residents, it is an issue of respect for the war veterBDS, PleasantDD's founding families and others who ".. buded t","", TI1e City Council's ability to improve the conditions, however, has been limited becaU:lC the City docs not own, fund or maintain the Cemetery or specifically regulate it. Mon:ovet, because the Memorial Gardens is not licensed by the State of California. it need not meet the maintenance requirements, to the c:x\CDtlhey exi~, for cemeteries regulated by the SIlIIe. In addition. as will be reviewed below, because the Cemetery is (or appears to be primarily) a non-cndowment care cemeterY, it has oot coUeded and doc$ not hold funds to provide embellishment, mainlenance and care for the Cemetery.' (A) Self Regularion For the most part, tbe Cemetery is self-regulated. Health and Safety Code section 8132 provides that public cemeteries of fralernal organizations, such as Odd Fenows~, fall under the jurisdiction of and an: controlled and managed by the associalions or societies or by lhe 1J1I5teeS appointed by them. Section 8133 provides that the authorities having jurisdiction and control of these cemeteries may make and enforce rules and regulations and appoint officers to cnforce obedience: to the rules. In lICCOr<!ance with these statutes. each Odd Fellows lodge operates its own Ct:IIlClery and promulgates its own 'n.. Stall: of California dccs not have wrinen >tandanls of maintcnanoe for <<:mell:rics. allhougb licensed cemeteries mUll attcmplto maintain minimum standanIs of car.. 'The Memorial Gardms is a pllblic cemet<:ty of a liaternal organization because th. Odd F.UoW$ is a filIIcmaI organization and ItII)' member of the publIC may be buried in tbe cemetery. The It..lth and Safety Code docs Dot limit (as docs the BusineM and Professioo. Code ~9601l.6) public Ccmel.ms to ones tbaI .... owned soI.ly by cities and """".ies. The Healdl 8L safety Code ~813 I providcs1lw public c.m.....ies may be owned by fraternal associations or societies, cilies or COUDli... . The I..ets of""", provided at an endowmenl <are cemetery conespcnd to lb. funds available. For fonber discussion, fl.... see subsectioll (B), Regulation by 11>0 City uf P]."""",on, below. Tbe Cemetery's manager, Lr....",_ Lodg., and hood of the Grand Lodg. of California WCfe not .w..... of the eXIStenc. of by laW$ gevernin. lb. Cemetery. PteasantoO Memorial G3tdcm Cemetery Report Page 4 of 16