HomeMy WebLinkAboutCC AG PKT 2007-07-23 #R
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AGENDA REPORT
DATE: July 23,2007
TO: Honorable Mayor and City Council
TIIRU: David Cannany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: AUTHORIZIATION FOR CITY MANAGER TO
EXECUTE PROGRAMMATIC AGREEMENT RE:
CULTURAL RESOURCE ASSESSMENT FOR PUBLIC-
PRIVATE VENTURE FOR FAMILY HOUSING ON THE
SEAL BEACH NAVAL WEAPONS STATION
SUMMARY OF REQUEST:
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Waive further reading and adopt Resolution Number -' A Resolution of the City
Council of the City of Seal Beach Authorizing the City Manager to execute on behalf of
the City of Seal Beach, as a "Concurring Party" the Final "Programmatic Agreement
Among the Commanding Officer, Naval Weapons Station Seal Beach, the California
State Historic Preservation Officer, the Advisory Council on Historic Preservation,
Regarding the Public-Private Venture for Family Housing, Naval Weapons Station Seal
Beach."
BACKGROUND:
The City has received a request from the Seal Beach Naval Weapons Station to join as a
"concurring party" in a "Programmatic Agreement Among the Commanding Officer,
Naval Weapons Station Seal Beach, the California State Historic Preservation Officer,
the Advisory Council on Historic Preservation, Regarding the Public-Private Venture for
Family Housing, Naval Weapons Station Seal Beach." This proposed Programmatic
AgreC!Dent ("Agreement'') is the outgrowth of a consultation process between the Navy
and the California State Historic Preservation Officer and the Advisory Council on
Historic Preservation, regarding a proposal to modify the current Navy program offamily
housing management on the Weapons Station.
Project Summary:
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The .proposal is form a limited liability corporation (LLC) partnership to lease, demolish,
construct, operate and maintain military family housing on the Station. The Navy would
Agenda Item /?
Z:\My OOaJmenlslNAVWPSTAlPublio-Prtvale Venture Housing Programmatic Agreement.CC Staff Report,docILW\07-13-
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Authorizationfor City Manager to Execute
Programmatic Agreement Re: Cultural Resource Assessment
for Public-Private Venture for Family Housing
on the Seal Beach Naval Weapons Station _
City Council Stqff Report _
July 23, 2007
lease the land for a 50-year time period. The new LLC would then demolish the existing
l80-unit Sea Breeze Village, comprised of 160 2-bedroom units and 20 4-bedroom units
and construct 180 new units of family housing with a mix of 3- and 4-bedrom units
within the same area.
Programmatic Agreement:
The purpose of the Agreement is to obtain clearances from Federal and State agencies
regarding the necessary level of historic resource investigations and determinations
related to the proposed project. The primary signatories to the Agreement are the Naval
Weapons Station Seal Beach, the California State Historic Preservation Officer, and the
Advisory Council on Historic Preservation. All actions necessary to undertake the
project in compliance with the Agreement will be the responsibility of those parties.
Among the various Federal and State requirements are the:
o Section 106 of the National Historic Preservation Act (NHPA);
o National Environmental Policy Act (NEP A);
o Archaeological Resources Protection Act (ARPA);
o American Indian Religious Freedom Act (AIRFA); and
o Native American Graves Protection and Repatriation Act (NAGPRA).
The "Agreement" includes several "Concurring Parties" that are being requested to
execute the document, including the City of Seal Beach. Other "Concurring Parties"
identified are:
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o Gabrielinoffongva Nation
o Gabrielinoffongva Tribal Council
o Seal Beach Historical and Cultural
Society
o Coalition of Gabrielinorrongva People
o Juaneno Band of Mission Indians
Staffhas reviewed the subject Agreement and accompanying documentation and is of the
opinion that authorizing the City Manager to execute on behalf of the City of Seal Beach
does not place any responsibilities or burdens upon the City in the undertaking proposed
that is subject to the Agreement.
The Agreement is provided as Attachment 2 for the information of the City Council. A
"Final Cultural Resources Summary Report for Privatization of Family Housing at
NAVWPNSTA Seal Beach", dated May 2007 is not provided due to the length of the
document, 42 pages. It is available at the Department of Development Services for
review by any interested party. The Agreement has not been executed by the responsible
parties as of yet. The authorization of the City Council is to allow the City Manger to
exe~ute the final document upon concurrence of the City Attomey.
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Public-Privale Venture Housing ProJll'llDllDlllic AsIoementCC StaffRcport
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Authorizationfor City Manager to Execute
Programmatic Agreement Re: Cultural Resource Assessment
for Public-Private Venturefor Family Housing
on the Seal Beach Naval Weapons Station
City Council Staff Report
July 23, 2007
The "Final Cultural Resources Summary Report for Privatization of Family Housing at
NAVWPNSTA Seal Beach" document have not been reviewed by the Archaeological
Advisory Committee, and they will scheduled for review and provide any comments
directly to the Navy regarding the Cultural Resources Snmmllry Report at the August 13
meeting of the Committee.
FISCAL IMPACT:
None.
RECOMMENDATION:
Adopt Resolution Number --J A Resolution of the City Council of the City of Seal
Beach Authorizing the City Manager to execute on behalf of the City of Seal Beach, as a
"Concurring Party" the Final "Programmatic Agreement Among fhe Commanding
Officer, Naval Weapons Station Seal Beach, the California State Historic Preservation
Officer, the Advisory Council on Historic Preservation, Regarding the Public-Private
Venture for Family Housing, Naval Weapons Station Seal Beach."
NOTED AND APPROVED:
cv', ~
David Carmany
City Manager
Attachments: (2)
Attachment 1:
Resolution Number ----> A Resolution of the City Council
of the City of Seal Beach Authorizing the City Manager to
execute on behalf of the City of Seal Beach, as a
"Concurring Party", the Final "Programmatic Agreement
Among the Commanding Officer, Naval Weapons Station
Seal Beach, the California State Historic Preservation
Officer, the Advisory Council on Historic Preservation,
Regarding the Public-Private Venture for Family Housing,
Naval Weapons Station Seal Beach"
Attachment 2:
Transmittal letter and "Programmatic Agreement Among
the Commanding Officer, Naval Weapons Station Seal
Beach, the California State Historic Preservation Officer,
the Advisory Council on Historic Preservation, Regarding
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Public-Private Ven_Housing ProJP'1llllllllllic Agrecmcnt,CC StalfReport
Authorization for City Manager to Execute
Programmatic Agreement Re: Cultural Resource Assessment
for Public-Private Venturefor Family Housing
on the Seal Beach Naval Weapons Station
City Council Staff Report
July 23, 2007
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the Public-Private Venture for Family Housing, Naval
Weapons Station Seal Beach", dated June 27, 2007
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P~blic-Pnvale VOIllIml HousiDg Programmatic AgreementCC SIlIffRcport
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AuJhorizationfOr City Manager to Execute
Programmatic Agreement &: Cultural Resolll'CiJ Assessment
for Public-Private Venturefor Family Housing
on the Seal Beach Naval Weapons Station
City Council Stqff Report
July 23, 2007
ATTACHMENT 1
RESOL~ON ~ER . A
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH
AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF
SEAL BEACH, AS A "CONCURRING
PARTY", THE FINAL "PROGRAMMATIC
AGREEMENT AMONG THE COMMANDING
OFFICER, NAVAL WEAPONS STATION
SEAL BEACH, THE CALIFORNIA STATE
HISTORIC PRESERVATION OFFICER, THE
ADVISORY COUNCIL ON HISTORIC
PRESERVATION, REGARDING THE
PUBUC-PRIVATE VENTURE FOR FAMILY
HOUSING, NAVAL WEAPONS STATION
SEAL BEACH"
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PubJio.Private v..._ Housing I'>............atic AgreemontCC Staff Report
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Authorizationfor City Manager to &ecute
Programmatic Agreement Re: Cultural ResoUl'ce ASsessment
for Public-Private Venturefor Family Housing
on the Seal Beach Naval Weapons Station
City Council Stoff Report
July 23, 2007
RESOLUTION NUMBER
A RESOLUTION OF ,'!HE CITY COUNCIL OF
'!HE CITY OF SEAL BEACH AUlHORIZING
1HE CITY MANAGER TO EXECUlE ON
BEHALF OF THE CITY OF SEAL BEACH, AS
A "CONCURRING PARTY", TIffi FINAL
"PROGRAMMATIC AGREEMENT AMONG THE
C,OMMANDING OFFICER, NAVAL WEAPONS
STAT(ON SEAL BEACH, ,THE CAliFORNIA
STATE HISTORIC PRESERVATION OFFICER,
THE ADVISORY COUNCIL ON HISTORIC
, -
PRESERVATIOlf, : REGARDING THE PUBf.JC-
PRIVATE VENTURE FOR, F~Y HOUSING,
NA VAL WEAPONS STATION SEAL BEACH"
WHEREAS,
the City of Seal Beach has received a request from the Seal Beach Naval
Weapons Station to jom: 'as a "concurring party" ,in a "Programmatic
Agreement Among the Commanding Officer, Naval Weapons Station Seal
Beach, the California' State Historic Preservation Officer, the Advisory
Council on l1zstoric Preservation, Regarding the Public-Private Venture
for Family Housing, Naval Weapons Station Seal Beacll'; and
WHEREAS, the purpose of the "Programmatic Agreement" is to obtain clearances from
Federal and State agencies regarding the necessary level of historic
resource investigations and determinations related to the proposed project;
and
WHEREAS, The primary signatories to the Programmatic Agreement" are the Naval
Weapons Station Seal Beac~ the California State Historic Preservation
Officer, and the Advisory Council on Historic Preservation; and
WHEREAS. All actions necessary to undertake t1ie project in compliance with the
"Programmatic Agreemenf' will be the responsibility of those parties
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby authorize the City Manager to execute the Final "Programmatic
." Agreement Among the Commanding Officer, Naval Weapons Station Seal Beach, the
California State IrtStoric Preservation Officer, the Advisory Council on Historic
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PubIic-PrivIlo v_ Housing l'rognmmaIic AgtecmontCC StaffRt:port
Authorizationfor City Manager to Execute
Programmatic Agreement Re: Cultural Resource Assessment
for Public-Private Venturefor Family Housing _
on the Seal Beach Naval WI!<gJOllS Statum .
City Council StaffReporl
July 23, 2007
Preservation, Regarding the Public-Private Venture for Family Housing, Naval Weapons
Station Seal Beach", upon concurrence by the City Attorney
PASSED, APPROVED AND ADOPlED by the City Council of the City of Seal
Beach at a meeting thereof held ,on the day of .2007.
AYES: Councilmembers
NOES: Co~cilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Mayor
AlTEST:
Linda Devine, City Clerk
STAlE OF CALIFORNIA' )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing resolution is an original copy of Resolution Number on file in the
Office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the day of ,2007.
Linda Devine, City Clerk
City of Seal Beach
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Publ.ic-hivalll VOIllUle Housm& ProgrammJIicAgrecmOlll.CC StaffRepart
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Authorizati01lf01' City MlZNlger to &eCllte
Programmatic Agreement Re: Cultural ResOll1'ce Assessment
for Public-Private Venturefor Family Housing
011 the Seal Beach Naval Weapo1lS Stati01l
City COlUlcil Staff Report
July 23, 2007
ATTACHMENT 2
TRANSMITTAL LETTER AND
"PROGRAMMATIC AGREEMENT AMONG
THE COMMANDING OFFICER, NAVAL
WEAPONS STATION SEAL BEACH, THE
CALIFORNIA STATE HISTORIC
PRESERVATION OFFICER, THE ADVISORY
COUNCIL ON HISTORIC PRESERVATION,
REGARDING THE PUBLIC-PRIVATE
VENTURE FOR FAMILY HOUSING, NAVAL
WEAPONS STATION SEAL BEACH", DATED
JUNE 27, 2007
"
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Public-Private Venture Housing Programmalic AgIoematt.CC Staff Report
DEPARTMENT OF THE NAVY
NAVAL WEAPONS STAnON SEAL BEACH
.'0 SEAL BEACH BOULEVARD
SEAL BEACH, CA. 10740-5000
Ctr or SslII BlllICb
IN REPLY REFER ~O:
5758
Ser 045W/012l
27 June 2007
City of Seal Beach
Attn: Lee Whittenberg
211 Eighth Street
Seal Beach, CA 90740-6376
JIm 2 8 2001
Dear Mr. Whittenberg:
The Naval Weapons Station Seal Beach (NWS Seal Beach) initiated consultation
on February 26, 2007, for the Military Family Housing (MFH) Privatization
(referred to as the "Undertaking") by defining the area of potential effects
(APE) and our plan for consultation. The APE was concurred with by the
California State Historic Preservation Officer (CASHPO) in a letter dated April
20, 2007, provided as Enclosure (1). Addressed below are the following:
Department or
IlewIopmem ServIces
. A summary of the proposed Undertaking;
. Cultural resources summary addressing the Navy's identification of
historic properties within the APE;
. A request for comment and concurrence on a draft Programmatic Agreement
(PA), which proposes an alternative process for protection of historic
~roperties in the APE;
. Application of the criteria of adverse effect, as defined in 36 CFR
800.5(b), with specific reference to 36 CFR 800.5(a) (2) (vii); and
. A request for your comments on the Navy's finding of No Adverse Effect for
the Undertaking.
~ Undertakinq
Our previous correspondence described the subject Undertaking as a
modification of the Navy's program of family housing management. The ,
Undertaking will form a limited liability corporation (LLC) partners~~to
lease, demolish, construct, operate, and maintain military family housing at the
NWS Seal Beach. The Navy will outlease underlying land and transfer ownership
and management of the existing housing inventory and ancillary facilities
located within privatization areas to the LLC for a period of fifty years. It
is our intent for specific activities in conjunction with the Undertaking to be
developed and reviewed in accordance with the procedures established in a
Programmatic Agreement.
Cultural Resources Summary
A Cultural Resources SlUli.mary Report for Privatization of Family Housing at
NAVWPNSTA Seal Beach (Summary) is provided as Enclosure (2) Attachment (1) which
presents an overview of previous investigations and consultations to support our
identification of historic propertie~ within the APE. Data gaps within existing
inventories were supplemented with additional survey and archaeological testing.
The methods and results are reported in the enclosed Summary.
Historic Properties
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Only one known historic property is subject to potential adverse affects by
this privatization action: National Register-eligible archaeological site CA-
ORA-322/lll8. Based on past evaluations and Section 106 consultations and on
additional building evaluations attendant to the Undertaking and discussed
in the Summary Report, no built historic properties are present within the APE.
5758
Ser 045W/0121
27 June 2007
Archaeoloqical Potential
In conjunction with the current identification effort, the Navy conducted
supplemental archaeological survey and shovel testing within the APE in areas
outside the recorded boundaries of CA-ORA-322/1118. The archaeological testing
identified evidence of culturally-derived marine shell in some of the shovel test
pits in these areas. However, the level of disturbance in these deposits strongly
suggests a general lack of integrity that would preclude their contributing to
National Register eligibility. Despite their obvious past disturbance, the Navy
is recommending that any of these areas that might harbor intact components within
their generally-disturbed deposits will be subject to archaeological monitoring
during any future ground disturbing activities.
Assessment of Adverse Effect under a Programmatic Aqreement (PAl
The Navy requests your comment and concurrence with the draft PA [enclosure
(2)]. With this PA we propose to establish an alternative program for the
management of historic properties affected by the proposed Undertaking. In
accordance with 36 CFR 800.l4(b), this PA provides a strong basis for ensuring
appropriate protection of historic properties is an integral part of the program
of implementation for the proposed Undertaking, and demonstrates a program for
ongoing management of these historic properties. This PA incorporates appropriate
measures to govern individual activities in compliance with Section 106 of the
NHPA.
Absent execution of a PA, the subject Undertaking generally would meet the
criteria for an adverse effect under 36 CFR 800.5(a) (2) (vii), being a "transfer,
lease, or sale of property out of Federal ownership or control without adequate
and legally enforceable restrictions or conditions to ensure long-term
preservation of the property's historic significance." However, the alternative
program to be established under the PA, and parallel stipulations to be included
within the LLC lease language, both provide for the "adequate and legally
enforceable restrictions or conditions" required to otherwise support a
determination of no adverse effect. Consistent with this understanding, the Navy
finds that a no adverse effect determination is appropriate for the proposed
Undertaking
Thank you for your support with this important initiative. The Navy
respectfully requests your comments and/or concurrence by completing enclosure (3)
Interested Party Response Form and mailing it back in the pre-addressed envelop
provided by July 20, 2007. Please, contact Lisa Ellen Bosalet at (562)626-7637,
or e-mail Lisa.Bosalet@navy.milif you have guestions.
DA LLIE
Environmental Director
By direction of the
Commanding Officer
Enclosures: (1) CASHPO ltr of 20 Apr 07
(2) Draft Programmatic Agreement
(3) Interested Party Response Form
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STATE OF CALIFORNIA -lliE RESOURCES AGENcy
OFACE OF HISTORIC PRESERVAnON
DEPARTMENT OF PARKS AND RECREATION
..0,__
SACRAMENTO. CA 9"298 0001
(918)653-61124 Fax (916)853-
coIshpaOol1p.parka.ca.gov
www.ohp_parks.ca.gay
ARIIIOLD SCHWARZENEGGER, _
@
April 20, 2007
In reply refer to: USNo70302A
David Baillie
Environmental Director
U.S. Department of the Navy
Naval Weapons Station Seal Beach
800 Seal Beach Boulevard
Seal Beach, CA 9074O-S000
Ae: PubliclPrivate Venture Family Housing Program, Naval Weapons Station Seat
Beach, Orange County, Califomia
Dear Mr. Baillie:
Thank you for your letter of 26 February requesting my review and comment with regard
to the referenced undertaking. You are initiating consultation with me, in order to
comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C.
470f), as amended, and its implementing regulation at 36 CFA Part 800.
The Navy is proposing to implement !l PublicIPrivate Venture (PPV) family housing
program at Naval Weapons Station (NWS) Seal Beach. Under this program, the Navy
would enter into a long-term partnership with a private entity that would build/replace,
maintain, and manage military family housing on the station. The length of the
partnership is currently anticipatect to be 50 years. In accordance with 36 CFA ~
800.4(a)(1), the Navy has established an Area of Potential Effects (APE) for the
undertaking and has requested my comments. Based upon my review of the materials
submitted along with your letter, I concur that the Navy has properly determined and
documented the APE, as defined by 36 CFR ~ 8OO.16(d).
Thank you for seeking my comments and considering historic properties as part of your
project planning. 1 look forward to continuing this consultation with you. In the
meantime, if you have any questions or concems, please contact David Byrd, Project
Review Unit historian, at (916) 653-9019 or at dbvrd@Darks.ca.aov.
Sincerely,
J.-..) K ~rJIn. r
Milford Wayne Donaldson, FAIA
State Historic Preservation Officer
MWD:db
Draft PPV P A for NWS Seal Beach - 5 JUN 07
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PROGRAMMATIC AGREEMENT
AMONG
THE COMMANDING OffiCER, NAVAL WEAPONS STATION SEAL BEACH,
THE CALIFORNIA STATE mSTORIC PRESERVATION OffiCER,
THE ADVISORY COUNCIL ON mSTORIC PRESERVATION,
REGARDING
THE PUBUC-PRIV ATE VENTURE FOR FAMILY HOUSING
NAVAL WEAPONS STATION SEAL BEACH
WHEREAS, the Department of the Navy (Navy), acting pursuant to the Military Housing
Privatization Initiative (10 USC 2871 et seq.), has determined to privatize family housing by
entering into a Public Private Venture (pPV) in order to fu1fi11 family housing needs; and
WHEREAS, the PPV is a partnering of the Navy and a private firm in the fonn of a Limited
Liability CoIporation (LLC), which will operate, maintain, design, finance, demolish, construct,
own, manage, acquire, lease, and rehabilitate family housing units and related improvements for
a period of 50 years (Undertaking); and
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WHEREAS, the Commantling Officer Naval Weapons Station Seal Beach (CONWSSB) will
oversee implementation of the Undertaking at Naval Weapons Station Seal Beach (NWSSB),
and has determined that the Undertaking includes a variety of future activities (undertakings; as
defined under [36 CFR 800.16(y)] with the potential to affect NWSSB archaeological properties
eligible for listing in the National Register of Historic Places; and
WHEREAS, CONWSSB provides professional cultural resources oversight with the direct
support of the Commander Navy Region Southwest (CNRSW) Cultural Resources Management
Program (CRMP); and
WHEREAS, the CONWSSB has consulted with the California State Historic Preservation
Officer (CASHPO) and the Advisory Council on Historic Preservation (ACHP) pursuant to 36
CFR 800, regulations implementing Section 106 of the National Historic Preservation Act
(NHPA) 16 U.S.C. 470(, and pursuantto such consultation, has developed this Programmatic
Agreement (PA) in accordance with 36 CFR 800.14 in order to establish an efficient program
altemative for taking into account the effects ofLLC activities on historic properties; and
WHEREAS, CONWSSB will ensure coordination ofaII Section 106 compliance with other
requirements ofNHP A and other statues, as applicable, including the National Environmental
Policy Act (NEP A), the Archaeological Resources Protection Act (ARPA), the American Indian
Religious Freedom Act (AIRF A), and the Native American Graves Protection and Repatriation
Act (NAGPRA); and
WHEREAS, CONWSSB has consulted with the City of Seal Beach, the Seal Beach Historical
and Cultural Society, and other individuals and organizations with a demonstrated interest in
. archaeological properties entrusted to CONWSSB, and has requested their concurrence in this
PA; and
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Draft PEV P A for NWS Seal Beach - S JUN 07
WHEREAS, while understanding that there is no federally-recognized Indian tribe culturally
affiliated with NWSSB, CONWSSB has identified and consulted with such non-federally-
recognized Gabrielino and Juaneiio Indian claimant groups as may attach, or be assumed to
attach, religious or cultural significance to historic properties within NWSSB, including the
Gabrielinorrongva Nation, Gabrielinorrongva Tribal Council, Coalition of Gabrielino/Tongva
People, and the Juaneno Band of Mission Indians, and has invited these parties to concur in this
PA, in accordance with 36 CFR 800.6(c)(3); and
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WHEREAS, the LLC will participate in this PA as an Invited Signatory, during or following
execution of the PPV agreement, in accordance with 36 CFR 800.6(c)(2)(iii); and
NOW, TIIEREFORE, CONWSSB, CASHPO, and ACHP, the Signatories to this PAin
accordance with 36 CFR 800.6(c)(I), agree that CONWSSB will implement its housing
privatization and related activities within the identified portions ofNWSSB in accordance with
the following Stipulations in order to take into account the effects of these activities on historic
properties, and that these stipulations will govern CONWSSB compliance with Section 106 of
the NHP A for these activities until this P A expires or is tenninated.
STIPULATIONS
In cooperation with ACHP, CASHPO, the LLC, and other parties to this P A, CONWSSB will
ensure that the following measures are carried out as indicated:
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T. Antllicability
This P A applies to all activities initiated within the area subject to the PPV within
identified portions ofNWSSB, as shown in Attachment I. The P A sets forth'the process by
which CONWSSB will meet its responsibilities under Section 106 of the NHP A with respect to
the provision offamily housing and activities within the family housing area at NWSSB.
II. General Provisions
A. Roles and Responsibilities
The terms of this P A are binding on all Signatories and the Invited Signatory, and
their respective successors and assigns.
1. CONWSSB, as the agency official as defined under 36 CFR 800.2(a) for
activities subject to Section 106, will ensure compliance with this P A;
2. The Navy Business Agreements Manager (BAM), acting as the PPV
projects coordinator on behalf of the CONWSSB, will forward project
proposals to the CONWSSB Public Works Officer (PWO), who
coordinates the reviews by the CONWSSB Cultural Resoun:es Manager
(CRM) and others, prior to approval;
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Draft PPV P A for NWS Seal Beach - 5 JUN 07
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3.
The LLC will provide qualified professional cultural resources reviews, as
defined in part B.1 of this Stipulation, to proposed actions with the
potential to affect archaeological and other historic properties, and will
ensure that all proposed projects are approved by the BAM prior to
implementation;
4. The CONWSSB CRM will provide timely review of actions proposed by
the LLC, and will coordinate with the PWO, BAM, and CNRSW CRMP
to ensure that appropriate, qualified professional review, as defmed in part
B,2 of this Stipulation, is conducted before proposed actions are approved.
5, CASHPO will provide timely reviews of projects submitted for formal
consultation on adverse effects, and will participate in informal reviews
when requested by the Navy.
6. ACHP will participate in dispute resolution consistent with Stipulation
Vll.D of this P A, and will monitor the effectiveness of this P A consistent
with Stipulation VIII.D.2 of this PA.
B. Professional Qualifications
1.
All work (activities) pursuant to this P A regarding historic properties will
be carned out, reviewed by, or conducted under the supervision of'
individuals meeting the appropriate professional qualifications standards
identified in The Secretary a/the Interior's Standards and Guidelines/or
Archeology and Historic Preservation, 36 CFR 61 (Federal Register Vol.
62, No. 119. 1997), or as amended in the future, Personnel meeting this
standard are hereinafter referred to as qualified personnel.
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2. Confirmation of findings under Stipulation m.B. of this PA will be made
by qualified personnel authorized by the CONWSSB or CNRSW to fulfill
that function. Personnel meeting this standard (qualified Navy personnel)
include the CRM.
C. Standards of Review
I. The Secretary of the Interior's Standards for the Treatment of Historic
Properties (36 CFR 68), with emphasis on the standards and guidelines' for
rehabilitation (Standards) will be followed for all reviews to evaluate the
effect of proposed activities with the potential to affect historic properties.
2. When proposed activities have the potential to affect historic buildings and
structures, emphasis will be given to the Standards for Rehabilitation (36
CFR 68.3(b).
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Draft PPV P A for NWS Sea! Beach - S JUN 07
D.
Notifications and Time Periods
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1. Notifications required pursuant to this P A will be in writing.
2, All notices, submissions, consents, demands, requests, or other
communications which mayor are required pursuant to this P A to be
given hereunder to the Signatories, the Invited Signatory and Concurring
Signatories will be sent by (a) hand delivery (which will be deemed to
have been received when the sender receives a signed receipt), (b)
reputable overnight courier (which will be deemed to have been received
one business day after the date sent), (c) United States mail (which will be
deemed to have been received upon date stamp of the receiver), or (d)
facsimile, with a copy sent by reputable overnight courier (which will be
deemed to have been received when the sender receives a confirmation of
successful transmission of the facsimile), or by other means available as
technology changes that may be agreed to by the parties to this P A. All
parties to this P A are responsible for updating the information below and
providing current contact information to all Signatories, the Invited
Signatory and the ConcUIIing Signatories.
3. All time periods will be counted in calendar days unless specifically stated
otherwise.
ill, Proiect Review Processes and Findinlls
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This Stipulation applies to all future LLC projects and actions within NWSSB. The LLC
will undertake no project or cause or permit actions to be undertaken that could affect historic
properties at NWSSB without prior review and approval by the BAM.
A. Project Review Processes
1. For each proposed project, the LLC will prepare project documentation for
review to evaluate potential effects to historic properties prior to
implementation.
2. The LLC's qualified personnel will prepare a written finding of effect on
historic properties, either individually or as contributors to a historic
district for review by the ~AM and CRM.
3. Documentation submitted to the BAM will at minimum include the
following: a map showing the project location; a description of the
proposed work; photographs of existing conditions; and, as appropriate,
sketches/drawings illustrating the proposed work.
4. As part of its overall review and coordination responsibility on behalf of
the CONWSSB, the BAM will forward documentation of proposed
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B. Findings
Draft PPV P A for NWS Seal Beach - 5 JUN 07
projects to the CONWSSB CRM, and will ensure that projects are not
approved prior to concurrence from the CRM;
5.
If the LLC's qualified personnel determine the project will have an
adverse effect on historic properties, the LLC will notifY the BAM and
CRM, and will study the feasibility of revising the project in a manner
consistent with the Standards. If that study concludes that treating said
historic resource in a manner consistent with the Standards is not feasible,
the LLC will provide the BAM and CRM with documentation, and will
afford the BAM 30 days to respond. If the BAM concurs in the necessity
of the adverse effect, the BAM and CRM will consult with the CASHPO
in accordance with 36 CFR 800.5 and 800.6.
6.
If the CRM does not concur with the lLC's finding of effect, or requires
additional information evaluate potential effects, the CRM will notifY the
BAM and the LLC within fourteen (14) days. The lLC will consult with
the BAM and CRM for an additional thirty (30) days. If after reasonable
efforts the lLC and CRM do not agree, then either party may recommend
that the CRM request informal consultation with the SHPO in accordance
with Stipulation vm of this PA.
To facilitate the planning offuture actions, Attachments 2 and 3 to this PA
identifY routine actions in two categories: those requiring no review for
cultural resources compliance (Attachment 2), and those requiring no
formal consultation with CASHPO or local parties, provided they are
approved by the BAM and CRM as consistent with relevant specifications
(Attachment 3). In all cases, the lLC must consult the BAM to confinn
applicability and to obtain approval prior to implementation.
7.
1. No Historic Properties Affected Findings: When qualified Navy personnel
concur that an activity will not affect historic properties, in accordance
with part A of this Stipulation and consistent with 36 CPR 800.4(d(1), no
further review or consultation under this P A will be required, and the
activity may proceed, absent post-review modifications. Documentation
regarding fmdings made hereunder will be made available upon request to
the ACHP and the CASHJ.>O in accordance with Stipulation IX.
2. No Adverse Effect Findings: When qualified Navy personnel concur that
an activity will have no adverse effect no further review or consultation
under this P A will be required, in accordance with part A of this
Stipulation and consistent with 36 CFR 800.5(b), and the activity may
proceed, absent post-review modifications, Qualified personnel will
monitor the activity and document the fmdings made hereunder in
accordance with Stipulation IX.
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3. Adverse Effect Findings: When qualified Navy personnel concur that an
activity may adversely affect a historic property, in accordance with part A
of this Stipulation and consistent with 36 CFR 800.S(d)(2), CONWSSB
and the LLC will attempt to redesign the activity or take such other
measures as may be necessary to avoid the potential adverse effect. If as a
result of such efforts, the potential adverse effect can be avoided, either a
"no historic properties affected" or "no adverse effect" finding will be
made, no further review or consultation under this P A will be required,
and the activity may proceed, absent post-review modifications. When a
finding of "no adverse effect" is made hereunder, qualified personnel will
monitor the activity to ensure conformance with the measures prescribed
to avoid adverse effects. CONWSSB will document the findings made
hereunder in accordance with Stipulation IX.
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If the potential adverse effect of the activity cannot be avoided, qualified
Navy personnel shall make a fmding of adverse effect, consistent with 36
CFR 800.S( d)(2), and CONWSSB will initiate consultation pursuant to 36
CFR 800.6. Findings made hereunder will be documented in accordance
with Stipulation IX.
IV. Detezmininl!" and Documentinl!" APEs
Qualified Navy personnel will confum and document the area of potential effects (APE)
for the following classes of activities in accordance with 36 CFR 800.l6(d).
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A. Activities involving ground disturbing activities: For these activities, APEs will
include the planned area of surface and subsurface disturbance, including any
associated lay down or staging areas and a 30-meter buffer around each area of
ground disturbance. If any part of a known archaeological site falls within an
APE, the entire documented site will be included in the APE.
B. Activities limited to the construction, maintenance, repair or renovation of
buildings or structures: When this activity is located 100 meters or more from the
edge of a NRHP listed or eligible historic district or from an individual NRHP-
listed or eligible building or structure, APEs will be defined as the discrete site of
the activity and any associated lay down or staging areas,
C. Activities where the construction, maintenance, repair or renovation of buildings
or structures will occur within a NRHP listed or eligible historic district, or within
100 meters of a NRHP listed or eligible historic district or individually NRHP
listed or eligible building or structure: For these activities, APEs will be defined
to include the historic district or individual historic property along with the
discrete construction site for the individual building or structure and any
associated lay down or staging areas.
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D,
Detenninations of APEs will not consider potential visual or acoustic effects on
NRHP listed or eligible archaeological properties unless such properties are of
religious or cultural significance to Native Americans and fonnally established as
traditional cultural properties (rCPs) in recuning ceremonial or other religious
use by Native Americans.
V, Archaeolol!ical Monitorine: and Other Aoolied Historic Preservation Measures
CONWSSB will ensure that ground-disturbing activities include appropriate measures to
protect archaeological resources.
A. As appropriate, and with the approval of CONWSSB, the LLC will provide for
qualified archaeological monitoring of ground disturbing activities within areas of
a known archaeological site or of known archaeological sensitivity, as determined
by CONWSSB.
B.
In further consultation with pertinent parties to this P A and with the assistance of
the CNRSW CRMP, CONWSSB, the BAM and the LLC will develop maps for
identifying areas within NWSSB which will require monitoring by a qualified
archaeologist and, where appropriate, a Native American monitor, Conversely,
this process will also explicitly map areas where existing conditions, including
previous disturbance and land areas created by cutting and filling, gencra1ly
preclude the potential for archaeological deposits, and where, at the discretion of
qualified personnel, archaeological monitoring will not be required.
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C. Any required archaeological testing or monitoring shall be implemented in
accordance with a developed archaeological research framework for NWSSB and
environs, and in compliance with other standards and requirements ofNHP A,
ARPA, NAGPRA and their implementing regulations, including 36 CFR 79,
Such archaeological testing or monitoring shall also be implemented under
appropriate consultation with SHPO and other required consulting parties. The
LLC will provide records, reports and other documentation on the findings of
these testing and monitoring activities to CONWSSB through the BAM, and
provide notice of the resulting reports in accordance with Stipulation IX.
VI. Addressinl!: Discoveries and Unanticipated Effects
In ord,er to avoid or m;n;m;7.e harm to hi$>ric properties, CONWSSB and the LLC will
address discoveries and unanticipated effects as follows:
A. The LLC will establish and enforce working procedures and contracting
stipulations to ensure that:
1.
Contractors and other authorized agents engaged in ground-disturbing
activities will be required to stop work in the vicinity of any discovered
potential archaeological deposit until further direction is provided the
BAM;
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2. The LLC will immediately notify the BAM of the discoveIy, who will
notify CONWSSB; and
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3, Construction in the vicinity of the discoveIy will not be resumed until the
BAM and CONWSSB have completed the review prescribed in paragraph
C., below, of this Stipulation.
B. CONWSSB will notify the CASHPO and other parties to this P A, as appropriate,
at the earliest possible time, if it appears that an activity covered by this P A will
affect a previously unidentified property that may be eligible for the NRHP, or
affect a known historic property in an unanticipated manner. CONWSSB may
assume for purposes of this P A that the affected property is eligible for inclusion
in the NRHP. CONWSSB will consult with the CASHPO and other appropriate
parties to this P A to develop actions that take into account the effects of the
activity.
C. CONWSSB will provide ACHP, SHPO, liC, and other parties as appropriate
with written recommendations reflecting the consultation.
D, The LLC will modify the scope of work as necessary to implement these
recommendations.
E.
Any consultation carried out hereunder shall not exceed thirty (30) days.
CONWSSB will provide parties to this P A with written recommendations
reflecting the consultation and will modify the scope of work as necessary to
implement these recommendations.
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VIT. Emem:encies
A. In the event that natural disasters, fires, spill events or other emergencies occur,
the LLC may take actions that may affect historic properties without consultation
to protect life and safety, to stabilize historic properties, and to prevent further
property damage. Emergency response work will be undertaken in a manner that
seeks to avoid or minimi '''l effects on historic properties to the extent possible.
The liC will notify the BAM of the emergency as soon as practicable. The BAM
will notify CONWSSB as soon as practicable,
B. Should historic properties be discovered during emergency repair or response
activity, work in the immediate area of the discoveIy will cease ifCONWSSB has
determined that a work stoppage at the site will not impede emergency response
activities.
C.
Ai> early as possible given the nature of the emergency, CONWSSB will provide
telephonic or email notification of the discoveIy to the CASHPO and other
appropriate parties to this P A. Notification will include the steps being taken to
. address the emergency, the discovered property and its apparent significance, and
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a description of the emergency work and potential effects on the discovered
property. Within thirty (30) calendar days following this notification, CONWSSB
will provide CASHPO and other appropriate parties to this P A with a written
report documenting the actions taken to avoid or minim;7.. effects, present status
and planned treatment of the property. This action will be included in the report
developed in accordance with Stipulation IX.
VIll. Resolvin2 Obiections
A. Should the LLC or CONWSSB disagree about findings of effect, the LLC and
CONWSSB will consult for an additional thirty (30) days to resolve the
disagreement. If the disagreement remains unresolved, the LLC will have the
option of requesting that CONWSSB contact CASHPO for infonna1 consultation.
Within fifteen (IS) days of receiving a written request from the LLC, CONWSSB
will contact CASHPO to initiate consultation consistent with 36 CFR 800.5.
B. Should any Signatory or the Invited Signatory object in writing to CONWSSB
regarding the manner in which the terms of this P A are carried out, CONWSSB
will immediately notifY the other parties to this P A of the objection and proceed
to consult with the objecting signatory to resolve the objection. CONWSSB will
honor the request of any other parties to this P A to participate in the consultation
and will take any comments provided by such parties into account. CONWSSB
will establish a reasonable time frame for such consultation.
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C,
If the objection is resolved through consultation, CONWSSB may proceed with
the action subject to objection in accordance with the terms of such resolution.
D. If after initiating such consultation CONWSSB detennines that the objection
cannot be resolved through consuJtation, it will forWard all documentation
relevant to the objection to the ACHP, including CONWSSB's proposed response
to the objection. Within thirty (30) days after receipt of all pertinent
documentation, the ACHP will exercise one of the, following options:
1. Advise CONWSSB that the ACHP concurs in CONWSSB's proposed
response to the objection, whereupon CONWSSB will respond to the
objection accordingly; or
2. Provide CONWSSB with recommendations, which CONWSSB will take
into account in reaching a' final decision regarding its response to the
objection; or
3. Notify CONWSSB that the objection will be referred for comment
pursuant to 36 CFR 800.7(a)(4) and proceed to refer the objection and
comment. In this event, CONWSSB will ensure that the agency official is
prepared to take the resulting comment into account in accordance with 36
CFR 800.7(c)(4).
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4. Should the ACHP not exercise one of the above options within 30 days
after receipt of the pertinent documentation, CONWSSB may assume the
ACHP's concurrence in its proposed response to the objection.
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5. CONWSSB will take into account any ACHP recommendation or
comment and any comment from the other parties to this PAin reaching a
final decision regarding the objection. CONWSSB' s responsibility to
carry out all actions under this PA that are not the subjects of the objection
will remain unchanged. .
CONWSSB will provide all other parties to this P A with a written copy of
its final decision regarding any objection addressed pursuant to this
Stipulation.
6. CONWSSB may authorize any action subject to objection under items 1-5
of this Stipulation to proceed, provided the objection has been resolved in
accordance with the terms of items 1-5 of this Stipulation.
7.
Should an objection be raised by a Concurring Party or a member of the
public to the manner in which the terms of this P A are implemented,
CONWSSB will notify the other Signatory Parties, the Invited Signatory,
and the Concurring Parties. CONWSSB will consult with the objecting
party to consider the objection. CONWSSB will establish a reasonable
time frame for this consultation. Within fifteen (15) days after the
consultation period reasonably established by CONWSSB expires,
CONWSSB will render a decision regarding the objection and respond in
writing to the objecting party. CONWSSB's decision regarding the
objection will be final. Following issuance of its final decision,
CONWSSB may authorize the action subject to objection hereunder to
proceed in accordance with the terms of that decision. CONWSSB will
notify the other Signatory Parties, the Invited Signatory, and the
Concurring Parties of the resolution under this Stipulation.
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IX. Rqlortinl!: Requirements and Prol!l'l1Ill Monitorin~
A. Documentation
1. Project documentation will conform to documentation standards in 36
CPR 800.11.
2. The LLC will maintain a file on all work accomplished pursuant to
Stipulation ill.A.7., including information on what work was undertaken
on the historic property, on what date, and pursuant to whose review and
approval.
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Draft PPV P A for NWS Seal Beach - 5 JUN 07
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3.
The LLC will maintain a case file on any archaeological work undertaken
pursuant to this P A. A1i completed, a duplicate copy of each case file shall
be provided to CONwSSB and the CNRSW CRMP for inclusion in their
program files. The information from these case studies will be provided
by the BAM or the LLC as appropriate. Any such case file will include
documentation related to: archaeological issues; correspondence related to
consultation with the CASHPO; determinations of eligibility; and reports
on any surveys conducted or excavations undertaken. The case files will
be provided to the Navy and CASHPO upon request. The case files will be
transferred to the BAM, CONWSSB and the CNRSW CRMP upon
expiration or termination of the Ground Lease. Archaeological site
information will be kept confidential consistent with the provisions of
ARPA.
B,
Annual Reports
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Beginning twelve (12) months aflerthe date of execution of this PA, the LLC will
prepare and provide to the BAM and CONWSSB annual reports summarizing the
activities undertaken toward the implementation of this P A. The BAM and
CONWSSB will review and comment on the reports. The reports will include, but
not be limited to, a report on: the status and condition of historic housing; actions
taken by the LLC. Exempt Activities and the Standards where CASHPO
notification was not required; information on consultation conducted pursuant to
this PA; a s1lIIlIlll1l'Y of meetings with the CRM; descriptions of unanticipated
problems that have arisen or that could affect the integrity of upkeep of the
historic housing; information regarding any unanticipated subsurface discoveries
and archaeological work related thereto, and any other activity or policy that may
affect the historic resources.
C.
Public InspeCtion and Comment
The LLC, BAM and CONWSSB will ensure that annual reports are available for
public inspection and comment upon written request. If comments are received,
the party receiving the LLC will provide these comments will provide them to the
Signatories and Invited Signatory, as appropriate, other Signatory parties for their
review before CONWSSB responds responding to the comments.
D. Program Monitoring
1. Within the first year of this P A, the LLC will initiate a cycle of annual
reporting to the BAM and CONWSSB to support a review of work
undertaken pursuant to this P A.
2. Upon written request, the ACHP and the CASHPO may monitor and
review the activities caIried out pursuant to this P A. The CONWSSB and
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LLC will cooperate with the CASHPO and ACHP in their monitoring and
review responsibilities.
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X, Anti-Deficiencv Act
A. The Anti-Deficiency Act, 31 USC 1341, prohibits federal agencies from incurring
an obligation of funds in advance of or in excess of available appropriations.
Accordingly, the parties to this P A agree that any requirement for the obligation
of funds arising from the terms of this PA shall be subject to the availability of
appropriated funds for that pUIpose, and that this P A shall not be interpreted to
require the obligation or expenditure of funds in violation of the Anti-Deficiency
Act.
B. The obligations of this PA as to the Navy are severable. If the Navy cannot
perform aiJ.y obligation set forth in this P A because of the unavailability of funds,
the Signatory Parties and the Invited Signatory intend that the remainder of the
P A be executed to the greatest extent practicable. The Signatory Parties and the
Invited Signatory agree to consult on any obligation of the P A that cannot be
performed because of the unavailability of funds.
XI, Amendments
Any Signatory party and the Invited Signatory may at any time propose amendment of
this P A whereupon all parties to this P A shall consult to consider such amendment pursuant to 36 e
CPR 800.6(c)(7) and 800.6( c)(8). This P A may be amended only upon written concurrence of
the Signatories. Attachments to this PA may be individually amended through consultation of the
Signatories and the-Invited Signatory without requiring amendment of the P A, unless the
Signatories and the Invited Signatory through such consultation decide otherwise.
XII. Confidentiality
All Signatories and the Invited Signatory acknowledge that information about historic
properties, prospective historic properties, or properties considered historic for pUIposes of this
PA are or may be subject to the provisions of Section 304 of the NHPA relating to the disclosure
of sensitive information, and having so acknowledged, will ensure that all actions and
documentation prescribed by this P A are, where necessary, consistent with the requirements of
Section 304 of the NHP A.
xm. Termination
A. Only the Signatories and the Invited Signatory may terminate this P A. If this P A
is not amended as provided for in Stipulation X., above, or if any Signatories and
the Invited Signatory proposes termination of this P A for other reasons, the party
proposing termination shall notify all parties to this P A, in writing, explain the
reasons for proposing termination, and consult with the Signatories and the
Invited Signatory for no more than 30 days to seek alternatives to termination.
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Draft PPV P A for NWS Seal Beach - 5 JUN 07
B.
Should such consultation fail, the party proposing termination may tenninate this
P A by promptly notifying the Signatories and the Invited Signatory in writing.
C, Should this P A be terminated, then CONWSSB shall either consult in accordance
with 36 CFR 800.l4(b) to develop a new PA or request the comments of the
ACHP pursuant to 36 CFR Part 800.
D. Beginning with the date of termination, CONWSSB shall ensure that until and
unless a new PAis executed for the activities covered by this P A, such activities
shall be reviewed individually in accordance with 36 CFR 800,4-800.6.
XIV. Term of this PA
This PA shall remain in effect for a period often (10) years, unless it is tenninated prior
to that time, following execution by the CONWSSB, CASHPO, and ACHP, and shall
automatically terminate and have no further force or effect at the end of this ten year period
unless it is terminated prior to that time. Not later than six months prior to the tennination date of
this P A, the CONWSSB shall initiate consultation with the other Signatories and the Invited
Signatory to determine if this P A should be allowed to terminate automatically or whether it
should be extended for an additional term, with or without amendments, as the Signatories and
the :rnvited Signatory may determine. Unless the Signatories llnHniml)llsly agree through such
consultation on an alternative to automatic tennination of this P A, this P A shall automatically
terminate and have no further force or effect in accordance with the timetable stipulated herein.
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xv. Execution and Effect of the PA
B.
C.
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A,
This P A shall take effect on the date that it has been executed by the Signatory
Parties. Additional attachments or amendments to this P A shall take effect on the
dates they are executed by the Signatory Parties.
This P A may be executed in multiple original counterparts, each of which will be
deemed an original, and which together will constitute one and the same P A.
Execution and implementation of this PA evidences that CONWSSB has afforded
the ACHP a reasonable opportunity to comment on the Undertaking, that
CONWSSB has established an efficient program alternative to take into account
the effects of future activities on historic properties within the APE to comply
with Section 106 of the NHPA and 36 CFR 800 for all individual activities
subject to this P A.
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Draft PPV P A for NWS Seal Beach - 5 JUN 07
Sil!Ilatories
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Commanding Officer, Naval Weapons Station Seal Beach
By:
Date:
J. D. Kurtz, Captain, U.S. Navy
Commanding Officer, Naval Weapons Station Seal Beach
California State Historic Preservation Officer
By:
Date:
Milford Wayne Donaldson,
California State Historic Preservation Officer
Advisory Council on Historic Preservation
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By:
Date:
John M. Fowler,
Executive Director
Invited Sil!Ilatories
LLC
By:
Date:
Title
Concurrinl!: Parties
City of Seal Beach
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.
By:
Title
Seal Beach Historical and Cultural Society
By:
Title
Gabrielino/Tongva Nation
By:
.
Gabrielino/Tongva Tribal Council
By:
Title
Coalition of Gabrielino/Tongva People
By:
Juaneiio Band of Mission Indians
By:
, Title
.
Draft PPV P A for NWS Seal Beach - 5 JUN 07
Date:
Date:
Date:
Date:
Date:
Date:
Page 15 of IS
DIlIft PPV PA for NWS Seal Beach - 5 JUN 07
Attachment 1
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Final Cultural Resources Summary
Report for Privatization of
Family Housing at N aval Weapons Station Seal
Beach (without Appendices) (May 2007)
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Attachment 2
Routine Activities Not Reauirlnl! Cultural Resource Review
As defined below, the following routine activities have no potential to adversely affect historic
properties. They are exempt from review for cultural resources compliance, provided they are
confirmed by the Business Agreements Manager (BAM) as conforming to the definitions in this
attachment. Other non-historic preservation reviews may be required by the BAM under
provisions of the Ground Lease and Management Plan.
A. General
1. Activities involving ground-disturbing activities beyond 30 meters outside areas of
known archaeological sites or known archaeological sensitivity, as determined by
CONWSSB.
2.
Activities involving buildings not listed or eligible for listing on the National Register of
Historic Places, unless within 100 meters of an eligible building or historic district.
"
B. Interior and Exterior Work on Non-Elil!ible Built ProDerties
1.
All interior or exterior work on non-eligible buildings beyond 30 meters_outside areas of
known archaeological sites or archaeological sensitivity, as determined by CONWSSB.
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2.
All interior work on non-eligible buildings with a ground-disturbing component on or
within 30 meters_outside areas of known archaeological sites or areas of archaeological
sensitivity, as determined by CONWSSB.
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Attachment 3
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Activities Reauirinl! Navv Review without Further smo Consultation
Provided they are reviewed and approved consistent with Stipulation ill of the P A, and are
determined by qualified Navy personnel as either "no historic properties affected" or ''no adverse
effect" the following routine activities are consistent with applicable standards and require no
consultation with CASHPO. The LLC's qualified cultural resources professional will prepare
written confirmation that planned activities confonn to the requirements. Final approval and
other possible reviews will be provided by the Business Agreements Manager (BAM) acting on
behalf of the CONWSSB.
A. General
1. Undertakings involving ground,-disturbing activities on, or within 30 meters of, known
archaeological sites and areas of known archaeological sensitivity, as determined by
CONWSSB. This includes ground-disturbing activities with a maximum depth of twelve
(12) inches or less.
2. Undertakings involving aspects of the built enviromnent that are within 100 meters of
listed or eligible for listing on the National Register of Historic Places.
B. Interior and Exterior Work on Non-Elil!ible Built Pro.perties
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1. All exterior work on non-eligible buildings with a ground-disturbing component on or
within 30 meters_outside areas of known archaeological sites or areas of archaeological
sensitivity, as determined by CONWSSB.
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