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• Expansion into soil spoils area of the Cemetery. The area shown as "B" on the map included as Exhibit 4 could be engineered to hold additional plots. The fill in this area is comprised of soil moved to this location from other areas in the cemetery over years, and substantial compacting and grading would be necessary to prepare the area. The drainage issues mentioned previously also present concerns related [o any expansion. Should Council want to pursue developing this area into a new location for burials, staff would recommend creating a master plan using a standard process similar to that used for any other City facility. This approach would entail engaging a consultant to assess the feasibility of expansion and develop a cost estimate for improvements necessary for additional graves or other activities such as construction of memorial walls, columbariums or other such structures. No cost or revenue estimates for this activity are shown in this report. Staffs recommendation includes delaying any decision on further plot sates until a later date when our understanding of the site and its operation is more fully developed. Liability Concerns Under the ownership alternatives noted previously, the City would assume all of the Cemetery's rights and obligations. Because the Cemetery is anon-endowment care cemetery (except for some plots sold between 1992 and 2002 which may have been purchased with the understanding that the Cemetery would perpetually care for the plots), it has not collected and does not hold funds to provide embellishment, maintenance and care for the Cemetery. Payment is received only for burial rights, not for the Cemetery or each gravesite's continued maintenance, care and embellishment. As anon-endowment care Cemetery, family members or others generally tend the gravesites and repair and replace broken, leaning or cracked headstones or grave markers. The Cemetery's responsibility is limited to minimal care, such as weed abatement. Although the majority of the gravesites in the Cemetery are considered non-endowed, some plots sold between 1992 and 2002 appear to have been purchased with the understanding that the Memorial Gardens would perpetually care for the plots (hereinafter referred to as "potentially perpetual care plots"). If the Ci[y or another party were to purchase the Cemetery, there may be an obligation to perpetually care for these plots, but the standard of care is not clear. The City might be subject to further obligations and liabilities depending upon what is learned from the records and other investigations into the Cemetery. Identifying the specific obligations, however, may prove difficult due to the manner in which the Cemetery's records have been kept. Most are hand-written documents, kept in binders or otherwise filed. The City of Pleasanton is part of a self=insured joint powers authority and the Cemetery would be added to the list of covered facilities. Coverage would be consistent with that of other City facilities and include flood, fire, property damage and personal injury. Insurance would not cover issues involving gravesite ownership. An appraisal of the property would determine the premium. SR 06:203 Page 11