Public Right to Public Records And Cemetery Memorial Park

Additional Recommendations 3

These recommendations are not explicitly linked to specific findings.

• R1
  A Brief History of Cemetery Memorial Park
• R2
  Aerial Photograph Showing Cemetery Memorial Park, (2004)
• R3
  Letter from the City of San Buenaventura titled “Proposed Improvement – City Cemetery,” dated 1964 Public Right to Public Records And Cemetery Memorial Park 9 A Brief History of Cemetery Memorial Park Introduction Cemetery Memorial Park, consisting of 7.09 acres, is located in the City of San Buenaventura (Ventura). An aerial photograph is presented in Attachment 2. It lies between Main Street to the south, Poli Street to the north, and is bounded on the east by Aliso Lane. It served as a city cemetery from 1862 until 1944 when the City Council adopted an ordinance prohibiting burials within the city limits. Throughout its history the property has had a number of different owners. Since 1969 it has been a dual- function cemetery and park. Cemetery Memorial Park now consists of the following three separate parcels: (1) the westernmost 1.12 acres (110x400 feet), (2) an adjacent middle 2.57 acres (290x400 feet), and (3) an easternmost 3.4 acres (370x400 feet). Originally the westernmost and the middle parcels were one 3.69-acre unit (400x400 feet). Early records indicate that the easternmost portion was longer than it is today by 30 feet. To date no record was found showing what became of the 30 foot strip. However the easternmost edge of the parcel is adjacent to Aliso Lane, so the 30 feet may have been used to make the street. Chain of Ownership In 1862, the two western parcels (3.69 acres) were deeded as a single unit to the Catholic Diocese of Monterey by George Wright, Henry Webb, Edmund Goold and Daniel Waterman. This land was subsequently given the name St. Mary’s Cemetery. In 1870 the San Buenaventura Commercial Manufacturing and Mining Company deeded the eastern parcel (3.4 acres) to the First Presbyterian Church of San Buenaventura. The deed identified the parcel as being east of and adjacent to the Catholic Cemetery (St. Mary’s) and measured 400x400 feet. This portion of the property is often referred to as the Protestant Cemetery. In 1876 the Presbyterian Church of San Buenaventura transferred title of the easternmost 100 feet of their property to the Hebrew Cemetery Association. In 1955 ownership of the 1.12 acre westernmost portion of St. Mary’s Cemetery was transferred to the City of Ventura after a negotiation between the Roman Catholic Archbishop of Los Angeles and the City, a Superior Court condemnation judgment, and the payment of $15,000 to the Archbishop (Archdiocese). The City purchased the land for the purpose of building a youth center. It was completed in 1955 and had to be demolished some years later as a result of unstable land beneath the building. Attachment (1) 1 of 5 10 Public Right to Public Records And Cemetery Memorial Park In 1965 the remaining portion of St. Mary’s Cemetery (2.57 acres) was deeded to the City of Ventura by the Roman Catholic Archbishop of Los Angeles. The grant deed specifies, “Said real property is granted for cemetery use, provided, however, that if said cemetery is abandoned or no longer maintained for such purposes, the real property shall revert to the grantor.” The chain of ownership of the Protestant portion is somewhat incomplete because no deed exists transferring the property from the First Presbyterian Church of San Buenaventura to the City. In 1940 the City Attorney advised that the City had assumed control of the Protestant Cemetery, including the Hebrew portion, as the result of four actions. In 1887 the cemetery was shown on an official City map. In May 1889, Ordinance No. 41 was passed to provide for regulating and protecting the public cemetery. In June of the same year the cemetery was once again shown on an official map. In 1896, Ordinance No. 86 was passed to set up a cemetery fund. In a letter to the City Council in 1963, the City Manager stated the following, “Control of the Protestant portion of the cemetery, including the area deeded to the Hebrew Cemetery Association, was apparently assumed by the City under provisions of the State Political Code (currently found in section 8126 of the Health and Safety Code).” He goes on to cite Ordinance No. 41 and 86 and suggests “evidence of control is implied” in these ordinances. In 1950, the Catholic Diocese of Los Angeles deeded a 10-foot strip of land along the north side of St. Mary’s Cemetery on Poli Street for beautification purposes and future widening of the street. In 1955, the property at 1268 Poli Street and adjacent to the westernmost portion of Cemetery Memorial Park was deeded to the City for approximately $6,500. Cemetery Conversion There have been a number of proposals and plans suggesting different usages for the land now called Cemetery Memorial Park. In 1938, the City Council proposed that the then City Cemetery be converted into a park, but this proposal was not adopted. In 1945, there was a suggestion to build a church on the St. Mary’s Cemetery portion. This proposal also was never implemented. In 1949, the City Planning Commission requested the City Council to authorize a survey relative to vacating the cemetery and acquiring the property for multiple housing. This too never came to be. In 1953 the City Council approved a plan to build a youth center on the westernmost 1.12 acres (110 foot strip) of St. Mary’s Cemetery. Attachment (1) 2 of 5 Public Right to Public Records And Cemetery Memorial Park 11 In 1955 the youth center was completed. In 1962 the City approved a budget and began planning for beautification and conversion of the cemetery into a memorial park. The opening paragraph of a City Report, titled “Report – San Buenaventura Memorial Park,” dated December 6, 1967, and unsigned, describes Cemetery Memorial Park prior to the conversion as, “…a source of embarrassment to all who lived there. Its tumbled and broken headstones indicated a neglect entirely uncharacteristic of this well-kept community.” The report further states that City officials planted high dense hedges to hide the cemetery from view. In a section, titled Legal Authority to Proceed, the same report states, in part, the following: The Health and Safety Code of California gives significant authority to the City. In the exercise of the police power, the City may forbid all future burials in the City in the interest of public health and general welfare. Under section 7600 the City may, by ordinance, compel the removal of human remains from cemeteries in which no interments have been made for a period of two years. When all such remains have been removed, the city, as the cemetery authority, may sell, mortgage or otherwise encumber the land as granted by section 7900. It is obvious that if the City is given authority to disinter and remove remains from a cemetery within a city and thereafter sell the land, the headstones can also be removed. In 1963, in a report to the City Council, the City Manager stated, “There are a total of 2,298 graves on record in both cemeteries. Less than half of these have an existing monument.” He further stated that there are approximately 600 monuments. He recommended two alternative plans for the improvement of the City Cemetery and the City Council approved the following: Remove all existing markers, flush grade the area, install walkways, benches and fountains, plantings, and lawn, but rather than install individual stones, set small brass markers flush with the ground with a number keyed to a large memorial. It probably would be necessary to have separate monuments for the Catholic and Protestant sections. These memorials would carry the names of all those interred. The City notified the families of the deceased of the planned development by mail, sent letters to all local churches, and published articles about the project in local newspapers. A form letter, sent to one particular family, dated January 3, 1964, signed by the City Manager and presented in Attachment 3 states, in part, the following: Over 90% of the graves are no longer cared for. Headstones have been Attachment (1) 3 of 5 12 Public Right to Public Records And Cemetery Memorial Park broken and moved, curbing has deteriorated, and iron work has rusted away. We feel this condition should not be permitted to continue, yet the expense of putting all the plots back into original condition with proper plantings, and repairing or resetting existing monuments, would be very high. Furthermore, if this was done, maintenance would be extremely costly because of the necessity to hand-trim between plots and around monuments. Also, there was no perpetual care fund provided to take care of this expense. We propose to remove all existing markers, finish-grade the area, install walkways, benches and fountains, plantings and lawn; but rather than install individual stones, set small brass markers flush with the ground, with the number keyed to a large memorial. It will be necessary to have separate memorials for the Catholic and Protestant sections. These memorials would carry the names of all those interred, including all graves that are not now marked. The proposed program has been explained to the Catholic Archbishop of Los Angeles and is acceptable to the Church. A deed to their property will be granted to the City, provided the work is done as outlined. A self-addressed postal card was enclosed with the letter for the family member to indicate his or her approval and comments of the cemetery improvement plan. In 1964 the City Manager, in a letter to the Archdiocese of Los Angeles stated: “All of the families that we sent written notice to have returned cards indicating approval of our program. There were no protests filed on any of the interments within St. Mary’s Cemetery.... The tomb stones are being catalogued and stored on City property so that families can take the markers if they wish.” Tombstones and Crypts Removal In 1965 the City reported that the City Cemetery Tombstones and Crypts removal was completed. The City began storing them initially at Hall Canyon City Parks Yard, where they remained for about five years. In 1969 the conversion was completed and what was once three cemeteries became a dual-purpose cemetery and park. In a City report titled Report – San Buenaventura Memorial Park, dated December 6, 1967, a section, titled Public Relations Effort states in part: There is no specific ordinance covering the ownership of headstones. Presumably a headstone belongs to the heir of the deceased. The stones taken from the City Cemetery were arranged in alphabetical order in the Park Department Yard and the heirs who could be located were invited to claim them.... It was decided all unclaimed stones would be kept a Attachment (1) 4 of 5 Public Right to Public Records And Cemetery Memorial Park 13 minimum of five years and then disposed of by burying or dropping them into the ocean. The footings and bases have been placed on a levee which was built to protect the new Olivas Park and Golf Course. In a memorandum from the Director of Parks, dated July 2, 1970, to the City Manager, it is stated, “Presently there are about five hundred (500) tombstones stored on city property for five years as requested by the City Attorney.” The Director continues with the recommendation that they not be given to the public but rather be hauled to the levee and forgotten so as to not turn up in a backyard patio. In response to the memorandum, the City Attorney recommended they be held for seven years and then disposed of as the Director of Parks sees fit. Some of the tombstones appear to have been moved to a city-owned parcel of land across from the Hall Canyon Yard and others hauled to Olivas Levee. ___________________________________ May 15, 2005 This summary was prepared by the Ventura County 2004-2005 Grand Jury from information provided by the City of San Buenaventura. Attachment (1) 5 of 5 14 Public Right to Public Records And Cemetery Memorial Park Attachment 2 Public Right to Public Records And Cemetery Memorial Park 15 Attachment (3) 1 of 2 16 Public Right to Public Records And Cemetery Memorial Park Attachment (3) 2 of 2 Public Right to Public Records And Cemetery Memorial Park 17 (This page intentionally left blank) 18 Public Right to Public Records And Cemetery Memorial Park