City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.J
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works
Subject: Approval of purchase agreement to purchase thirty-five (35) cemetery plots back from the Independent Order of Odd Fellows
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines;
2. Authorize the City Manager to negotiate and execute a purchase and sale agreement with the Independent Order of Oddfellows, in an amount not to exceed $175,000 for the purchase of thirty-five (35) cemetery burial plots; and
3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
The Woodlawn Cemetery is owned and operated by the City of Santa Monica and provides cemetery and mortuary services to the community. Due to the City’s depleting inventory of burial plots at the Cemetery, staff recommends that the City Council authorize the City manager to negotiate and execute a purchase agreement with the Independent Order of Odd Fellows Seaside Lodge No. 369 (“Odd Fellows”) for thirtyfive (35) unused burial plots. The new plots would increase the City’s available inventory and would assist staff’s efforts in providing the community with cemetery and mortuary services. The parties have tentatively agreed for the City to purchase the plots at a cost of $5,000 per plot, for a total cost of $175,000. The purchase would be fully covered by the Cemetery Fund.
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Background
On June 28, 2022, Council authorized staff to purchase 25 unused burial plots from the Odd Fellows to increase the available inventory at Woodlawn Cemetery for the community’s use (Attachment A). The parties had initially reached an informal agreement for the purchase price for the 25 plots. However, due to a lengthy negotiation process and other factors such as changes in the leadership to the board of directors for Seaside Lodge No. 369, the parties could not finalize an agreement for the City to purchase the plots at the initial price. The parties’ negotiations would later resume in 2024 with a new tentative proposal that increases the number of plots to be acquired by the City to 35 and increases the purchase price paid to the Odd Fellows to $5,000 per plot.
Discussion
Woodlawn Cemetery has been providing cemetery services for 131 years. Plot sales constitute 45% of Woodlawn’s operating revenue. To maintain operations and to provide sufficient burial options, staff must continually evaluate methods for adding burial plots to the available inventory. Staff recommends that Council authorize the City Manager to finalize the City’s purchase of thirty-five (35) unused burial plots from the Odd Fellows, which would add approximately one and a half years’ worth of inventory to Woodlawn’s portfolio for community use.
In 1877, the Odd Fellows purchased 267 burial plots at Woodlawn for their membership, and in 1927 the organization purchased the perpetual care for the graves. 148 years later, approximately 88 of the 267 lots remain unused. Currently, the Odd Fellows use one plot every three years for an interment.
According to Municipal Code 7.20.070, no person may resell any plot, crypt, or niche to a third party. Only the City has the legal authority to buy back plots from a private entity.
As a result, staff and representatives from the Odd Fellows have engaged in negotiations for the sale of thirty-five (35) burial plots to the City. As part of the purchase transaction, the Odd Fellows will execute a quitclaim in favor of the City that will transfer any real property interest they may have in the Cemetery to the City. The 3 of 4
result of this transaction will be the 35 plots being added to Woodlawn’s inventory for pre-need and at-need cemetery plot sales.
The purchase of the Odd Fellow cemetery plots for $175,000 is exempt from the competitive process because the items being purchased are “cemetery services or products” for resale to the public (SMMC 2.24.250 (d)).
Environmental Review
The purchase of burial plots is exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The purchase of existing burial plots would allow the Cemetery to increase its inventory and revenue. Therefore, the City entering into the proposed purchase agreement would not result in adverse physical impacts on the environment and, as such, is exempt from CEQA.
Past Council Actions
Meeting Date Description
06/28/22 (Attachment
A)
Approval of purchase agreement to purchase twenty-five
cemetery plots back from the Independent Order of
Oddfellows.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Cemetery Fund to purchase thirty-five (35) burial plots from the Independent Order of Oddfellows.
Approval of the recommended action requires the following budget amendment.
Appropriate Funds
Account Number(s) Amount
59500001.532300 $175,000
Total $175,000
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Purchase Agreement Request
FY 2024-25
Request Amount Department Account # Total Contract Amount $175,000 59500001.532300 $175,000
Any revenue budget changes from the resale of cemetery property would be included in subsequent year budgets, contingent on Council budget approval.
Prepared By: Adam Lopez, Cemetery Administrator
Approved Forwarded to Council
Attachments:
A. IOOF Seaside Oaks Initiative 12-16-24
B. IOOF Seaside Agreement
C. Staff Report 5124 - Woodlawn Plot Return Purchase IOOF D. Levine Form - Oddfellows