SR 06:049 - Laserfiche WebLink

The Cemetery's current condition is not inconsistent with what one would expect at a non- endov.ment care cemetery. The cemetery is unadorned and has simple landscaping and grass in some: areas and weeds in other lIm1S. Burial plots in Plcasanton cost approximately 5725. The Odd Fellows' cemetery in Lh'c;nnoI1: is an endowment care cemetery and is licensed by the: State. Buriab at the: Odd Fellows' cemetery in Livermore are approximately double the price of burials at the Memorial Gardeos in Pleasantoo. If the City of Pleasanton adopted an ordinanee that prescribed mainteDaIlCe slandards for publie and private eemeteri cs, the maintenanee standards would n<<d to be consistent with the standards for non-cndowment care cemeteries because the: Cemetery is permitted under state law to remain a DOD- c:odoWlncot care cemelc:ry (i.e., one that is not required to retain funds for lhe maiuteoaoce, care and embellishment of the Cemetery). Because non-endowment care ceme:teries do not have .,,~;n"""~,," ~1andards aside from weed abatement, an ordinance that parallels these standards would not meet the: concerns of residents who want 10 improve the: Cemetery's appc:arance and maintenance. If the: City adopted an ordinance that imposed standards that were greater than those of nOD- endowment eare cemeteries and morc in line with those: of endowment care cemeteries., the Cemetery would likely contend that it sold grave sitcs with the expectation that the Cemetery would not have to provide endowed care for them, and any requirement otherwise: would be invalid.. (C) Contractual MainlenmtCe Obligations Although the majority of the gravesileS in the Cemetery are considered non-endowed' (and therefore requiring minimal care), some plots sold between 1992 and 2002 may have been purchasecl with the: w,d".ru.nding that the Memorial GucI"ns wo"ltl p"rp""uslly eare for the plots. The Cemetery's manager is attempting to determine the number of' plots sold Wldcr these conditions and the amount of funds collected and still held for that purpose. Whether these gravesites would be oonsidered to have endowed care is not clear bccaLL'" it appears thaX the Memorial Gardens did not comply with the Jaws concerning endowment care (i.e.. Health & Safety Code sections 8725 et scq.).' In order to determine the Cemett::l)"s obliga.tions forme plolS sold between 1992 and 2002 and any failure by the: Cemetery to conform to lhose obligations, interested private parties could bring a civil action against the Cemetery, including. for example. claims for breach of contract. declaratory relief, miSlq'resentation and/or unlawful business practiccs. 2. Record Keeping The Memorial Gardens cWTCDtly keeps records of'burials and burial agreements in a variety of formats, most of which are in hard copy. UnfortUnately, because information is kept in various records, maps and loca.tions (in varying degn=es of organization). deciphering and compiling accurate information is tedious and may be impossib\C; in some instances. espeeially ,,1th regards to the: older gravesites. An accurate evaluation of the Cemetery and its obligations to the existing and future graves would likely require a thorough revie:w not only of the files, but also of Ihe: site, county records.. and other historical resourccs- 1 So m:onh we", ....,labl. to confirm ",hother most of the plots wert s<>ld with ondowed cm:_ A bin of sale, daled February ZS. 1892. ptovides only for the pnce. n.me ofpurc;boser, lot number and descrip,jcn. Contracts from 2001 and 2004 expmsly state 1bat the facility is ~a NON.ENDOWMENT Burial Ground." Ho"'.-, an informational pampblet ~ccompanying rhe 200 1 contract ad.ortis.. -perpetual care burial plots" and "perpetual care oremanOD pWc[aj.n . For .""-'llP1e. section 9780 of the Heallb and Safel)" Code pro.;d.. that it i. unlawful 10 advertise that any plot i. \Older ""do_cnt care before 3%1 endOl'omeo' care fund has b<:>en establisbed. PI.easanlOD Memorial G;Cil'dens C~m<lCf'Y Rcpor1 Page 6 of 16