(Solano) Grand jury says Benicia cemetery not in compliance

By Tony Burchyns/Times-Herald staff writer -

The city's locally controlled, historic cemetery is not complying with local and state laws regarding burial plot sales and the required posting of signs, a Solano County Grand Jury report released Thursday finds.

The four-page report also scolds the city for not regularly scheduling cemetery issues at Parks, Recreation and Cemetery Commission meetings, and recommends establishing an endowment fund to subsidize maintenance and operational costs.

The report also recommends reviewing burial fees to determine if they are sufficient to cover costs such as landscaping, road repairs and maintaining vaults. Fees haven't changed since 2005.

Reached Thursday, city officials said they were reviewing the findings and recommendations.

"We concur with the grand jury's overall assessment of the cemetery, which concluded that the cemetery is managed and maintained in an excellent condition despite budget limitations," Benicia Parks and Community Services Director Mike Dotson said. "We are currently preparing a response to the grand jury, for (City Council) review, prior to the May 6 ... deadline."

Established in 1847, the 24-acre cemetery at 1 Riverhill Drive, has more than 4,000 people interred. Cared for by city workers and volunteers, it is the burial place of a number of historical figures such as former sea captain Edward Von Pfister, who established the area's first general store prior to the Gold Rush.

The city took over the cemetery's operation from religious and service groups in 1978.

According to the report, the parks and community services department sells available burial plots. On occasion, however, the purchase of a plot is made through Passalacqua Funeral Chapel on West Second Street as a courtesy to clients. The funeral chapel then contacts the parks department to get a statement from the city indicating name, grave location and total costs.

The city then invoices the funeral chapel for payment; however, there is no signed paperwork provided by the funeral chapel to the city for the purchase of the plot in compliance with Benicia City Cemetery Rules and Regulations, the grand jury said.

It also found there are no signs posted at the cemetery stating that it is a "nonendowment care" property, as required by the Department of Consumer Affairs Cemetery and Funeral Bureau.

Other issues noted by the grand jury included the city's inability to provide an accurate number of gravesites due to missing prior-operator records and missing or broken grave markers.

Dotson said some of the recommendations reflect goals that had already been identified by city staff. The rest, he added, appear to be issues that can be addressed by the city in a "reasonable time frame."

More detailed information, Dotson said, will be contained in the formal response to the grand jury that will be presented to council.