Loading...
HomeMy WebLinkAboutPC Min 1990-04-18 ,,_ T \__ ....1 . . . , < , CITY OF SEAL BEACH PLANNING COMMISSION MINUTES APRIL 18, 1990 The regularly scheduled meet1ng of the Seal Beach Plann1ng Comm1SS1on was called to order by Cha1rman Sharp at 7:30 p.m. 1n the C1ty Counc11 Chambers. PLEDGE OF ALLEGIANCE The Pledge of Alleg1ance was led by Comm1SS1oner Rullo. ROLL CALL Present: Cha1rman Sharp Comm1SS1oners Rullo, F1fe, McCurdy, Forsythe Also Present: QU1nn Barrow, Esq., C1ty Attorney's Off1ce Lee Wh1ttenberg, D1rector, Dev. Srvcs. Dept. Barry Curt1s, Adm1n. Asst., Dev. Srvcs. Dept. WELCOME - MR. McCURDY Cha1rman Sharp welcomed Howard McCurdy as the newly appo1nted Plann1ng Comm1SS1oner from D1str1ct 5. Mr. McCurdy is replac1ng Emmett Suggs who ret1red because of 111 health. HONOR EMMETT SUGGS Cha1rman Sharp presented Resolut1on No. 1560 honor1ng Emmett Suggs for three years of serV1ce as a Plann1ng Comm1SS1oner from D1str1ct 5. CONSENT CALENDAR 1. MINUTES OF APRIL 4, 1990 MOTION by Rullo: SECOND by Forsythe to approve the Plann~ng Comm~ss~on M~nutes of Apr~l 4, 1990 as presented. MOTION CARRIED: 4 - 0 AYES: Rullo, F~fe, Forsythe, Sharp ABSTAIN: McCUrdy 2. ELECTION OF VICE CHAIRMAN NOMINATION by Forsythe: SECOND by Rullo to nominate Comm~ss~oner Ph~ll~p F~fe as V~ce Cha~rman of the Plann~ng Comm~ss~on. There were no other nom~nat~ons. DECLARED UNANIMOUS VOTE by Cha~rman Sharp. Mr. F1fe accepted the nom1nat1on. , i . . . ... 'I' Page 2 - Plann1ng Comm1SS1on Minutes of Apr11 18, 1990 SCHEDULED MATTERS 3. CONDITIONAL USE PERMIT 2-89 143 MAIN STREET * SEAL BEACH PAPILLON RESTAURANT RESOLUTION NO. 1573 staff Report Mr. Curt1s del1vered the staff report on CUP 2-89 by Wh1Ch the applicant, Nader Tahv1ldar1, 1S request1ng an 1ndef1nite extens10n of CUP 2-89, an on-sale general 11quor 11cense at 143 Ma1n street, Seal Beach. Th1S 1S for Pap11lon Restaurant, formerly Old Town W1ne and Gourmet. Staff recommended an add1t1onal twelve month extens10n of the CUP 1nstead of the 1ndef1n1te extens10n to assess the serV1ce of general 11quor on the s1tei 1t has been beer and W1ne to present t1me. Comm1ss1on Comments Mr. Rullo sa1d the restaurant looks very n1ce and has a small bar w1th about S1X seats and appears to be a wa1t1ng area for d1nner. There are no liquor s1gns 1n the w1ndows. Publ1C Hear1ng The appl1cant was not present. No one w1shed to speak 1n favor or aga1nst th1s appl1cat1on. The PUb1C Hear1ng was closed. MOTION by Rullo; SECOND by F1fe to approve Cond~t~onal Use Perm~t 2-89 through the adoption of Resolut~on No. 1573 subJect to the eleven (11) condit~ons set forth ~n Resolut~on 1573. MOTION CARRIED: 5 - 0 AYES: Rullo, F~fe, McCUrdy, Sharp, Forsythe *** 4. CONDITIONAL USE PERMIT 4-90 3001 OLD RANCH PARKWAY SOUP & SALAD SYSTEMS, INC. RESOLUTION NO. 1572 Staff Report Mr. curtis del1vered the staff report. Th1S 1S a request by Soup and Salad Systems, Inc. to transfer an eX1st1ng on-sale beer and W1ne 11cense 1n con]Unct1on w1th the transfer of ownersh1p the Soup Exchange restaurant. Staff noted the ent1re Soup Exchange cha1n has changed hands and ~s now owned by Soup and Salad Systems, Inc. Staff recommended approving CUP 4-90 because the C1ty has rece1 ved no compla1nts regard1ng the serV1ce of beer and W1ne. S1te 1nspect1on demonstrated all condit1ons are be1ng met. , w . . . -.. .. " Page 3 - Plann~ng Comm~ss~on M~nutes of Apr~l 18, 1990 Comm~ss~on Comments Mr. Sharp noted B~xby Ranch Co. owns the bu~ld~ng and the property but not the bus~ness itself. Ms. Forsythe requested the delet~on of the East surround~ng land uses as that serv~ce stat~on no longer ex~sts. Mr. Curt~s sa~d th~s was an overs~ght when he prepared the staff report and he w~ll correct the resolut~on and staff report. Publ~c Hear~nq B~ll Woods * General Manager * Soup & Salad Exchange Mr. Woods sa~d they took over the exist~ng restaurant January 1, 1990 from the Souper Corporat~on and are solely owned by Soup and Salad Systems, Inc . wh~ch is the parent company of the Soup Exchange. They have a full serv~ce bar on the lot wh~ch ~s owned by the B~xby Corporat~on. No one else w~shed to speak ~n favor or aga~nst th~s ~tem and the Publ~c Hear~ng was closed. Comm~ss~on Comments MOTION by Forsythei SECOND by Rullo to approve Cond~t1onal Use Perm1t 4-90 by the adoption of Resolut1on No. 1572 and the n1ne ( 9 ) cond1 tions set forth, staff recommendat1ons and W1 th the correct1on to the East surrounding land use des1gnat1on be deleted. MOTION CARRIED: 5 - 0 AYES: Rullo, F1fe, McCUrdy, Sharp, Forsythe *** PUBLIC HEARINGS Mr. Wh~ttenberg d~scussed agenda ~tem #6, the Hellman Ranch/Mola Development Corp. ~ terns. Those were in~ t~ally advert~sed for ton~ght's meet~ng ~n ant~c~pat1on that an act~on on the Hous~ng Element m~ght have occurred prev~ously. Since the Housing Element act~on was cont~nued to ton~ght, staff recommends ~ tern #6 be cont~nued unt~l Apr~l 25, 1990. MOTION by F1fei SECOND ~y Rullo to adJourn the Apr11 18, 1990 Planning Comm1SS1on meet1ng to the Apr11 25, 1990 Plann1ng Comm1SS1on meeting to cont1nue the Hellman Ranch/Mola proJect. MOTION CARRIED: 5 - 0 AYES: Rullo, F1fe, McCUrdy, Forsythe, Sharp . . . )- Page 4 - Plann1ng Commiss1on Minutes of Apr11 18, 1990 5. DRAFT HOUSING ELEMENT of GENERAL PLAN Staff Report Mr. Whlttenberg dellvered the staff report by indlcatlng thlS lS a contlnued PubllC Hear1ng regarding the proposed Houslng Element of the General Plan. On Aprl1 4, 1990 the Plannlng CommlSSlon conducted an lnltlal Public Hearlng. The Commisslon lnstructed staff to take the publlC testlmony, suggestlons and comments and lncorporate what could be lncorporated and stll1 maintaln the lntent of the document to keep In compllance W1 th State law provlslons. On Aprl1 10, 1990 the Clty recelved the reVlew letter from the state Department of Houslng and Communlty Development (HCD). Staff revlewed that letter wlth the Clty Attorney's Office and provlded addltlonal modlflcatlons to the document. The reV1Slons reflne and deflne and place a tlghter tlme schedule on speclflc actlvltles that the State requested the Clty look at. The reV1Slons clarlfy potentlal sltes for future houslng development, and respond to State lnqulrles on tenure. Some publlC testimony was not able to be lncorporated lnto the document due to State law requlrements or other factors. Mr. Whlttenberg sald the document presented compIles wlth State plannlng law regardlng housing elements, gUldellnes of the State HCD for houslng elements, the Regional Houslng Needs Assessment of the Southern Callfornla Assoclatlon of Governments (SCAG) and lS conslstent wlth the Clty's current General Plan. Regardlng the content of the Housing Element ltself, staff has recelved questlons on the number of houses needed for certain lncome categorles. State law and the Reglonal Houslng Needs Assessment lndlcate the C1ty must utlllze the SCAG flgures for eXlstlng unlts and new constructlon WhlCh would be antlclpated to occur between now, 1990, and 1994. The Clty needs 494 unlts: 62 unlts 122 unlts 110 units 200 unlts Very Low Income Low Income Moderate Income Upper Income Less than $23,450 $23,450 to $34,000 $34,000 to $53,000 Greater than $53,000 These flgures apply to a famlly of four In Orange County. The 494 unlts lS a substantlal reductlon from the number of unlts requlred by SCAG In 1982 (last Houslng Element adoptlon In Seal Beach). In 1982 the Houslng Element flgures showed 1,190 un1ts of new construction In the CltYi 272 for Very Low, 162 for Low, 280 for Moderate and 476 for HlghjUpper Income. In con]Unctlon wlth the Houslng Element there has been an on-golng envlronmental reVlew. An lnltlal study was prepared and submltted to the State Offlce of Plannlng and Research, to all the surroundlng communltles, and to the agencles the Clty normally sends envlronmental documentatlon to. The State Off lce of Plannlng and Research sald they had dlstrlbuted the document to all thelr agencles dur1ng the reVlew perlod and none of the State agencles had any comments on lt other than the State HCD letter. The Clty of Long Beach and Clty of Garden Grove responded lndlcatlng they feel the proposed Negatlve . . . Page 5 - Plann1ng Comm1SS1on M1nutes of Apr1l 18, 1990 Declarat10n 1S an appropr1ate env1ronmental reV1ew for the Hous1ng Element. The Negat1ve Declarat10n was prepared by staff and d1str1buted on March 7, 1990 w1th a reV1ew per10d to Apr1l 23, 1990 (C1ty Counc1l Publ1c Hear1ng n1ght). Th1S 1nformat1on was publ1shed 1n the Journal newspaper on March 12, 1990. The 1n1t1al study was prepared early 1n March and was d1str1buted to the Off1ce of Plann1ng and Research on March 7. On March 6, 1990 Comm1ss1oner Bauer made a Judgement regard1ng the val1d1ty of the C1ty'S Hous1ng Element and he determ1ned the Hous1ng Element was not 1n compl1ance w1th state law. As a result the C1ty Attorney's Off1ce has prepared add1t1onal documentat1on to the 1n1t1al study wh1ch clar1f1es the Government Code sect10ns Wh1Ch apply to a Hous1ng Element when 1 t' s under a court reV1ew process. Under a court reV1ew process the C1ty is requ1red to do an 1n1t1al assessment and an env1ronmental study but 1t does not requ1re a deta11ed env1ronmental 1mpact report (EIR). The C1ty had started d01ng the 1n1tial study and prepared a Negat1ve Declarat1on. Techn1cally the C1ty does not have to follow through w1th that process because of the court's Jurisd1ct1on 1n th1s matter. However, the C1ty feels 1t would be appropr1ate to proceed w1th the Negat1ve Declarat1on. Comm1ss1on Comments Mr. Rullo noted that 1n the new document the d1str1but1on of hous1ng 1S spread evenly throughout the ent1re C1ty. Mr. Wh1ttenberg 1nd1cated "c1ty-w1de" had been 1nserted 1n most cases. Mr. F1fe stated h1S overall react10n to the Hous1ng Element 1S "that 1t seems almost a mandate to ult1mately develop every square 1nch of the C1 ty to maX1mum dens1 ty" . How does the concept to prov1de hous1ng for the populat1on square w1th other laws, such as the open space law, attempts to 11m1t dens1ty, manage traff1c etc. Mr. Wh1 ttenberg sa1d the Hous1ng Element mandate does not take pr1macy over other cons1derat1ons and they need to be cons1dered 1n conJunct1on w1th each other but the state HCD feels the1r part1cular focus 1S a pr1mary focus Wh1Ch 1S reflected 1n the1r letter. Mr. F1fe asked when do we say "we're bU1lt out! "? Could SCAG s1mply keep escalat1ng the f1gures the C1ty needs to meet? Mr. Wh1 ttenberg 1nd1cated 1 t' s mandatory the C1 ty have a Hous1ng Element but the numbers 1n the document are goals not a quota that must be reached. Mr. Wh1ttenberg stated that SCAG develops these numbers every f1ve years and there 1S a 90-day per10d of t1me where any C1ty can challenge these numbers based on certa1n cr1ter1a set for 1n the law. Mr. Barrow added SCAG recogn1zes there needs to be a balance. In the1r 1988 Reg10nal Hous1ng Needs Assessment they d1scussed the balance between hous1ng, Jobs, clean a1r and th1s could be the reason the1r numbers dec11ned. . . . Page 6 - Plannlng Commlsslon Mlnutes of April 18, 1990 PubllC Hearlng Beverly Casares * Seal Beach (8:04 p.m. - 8:12 p.m.) Ms. Casares spoke agalnst the Housing Element, statlng she belleved Mr. Whlttenberg has prepared these documents accurately and preclsely ... wlth the lntent of "shovlng the Houslng Element down (the Clty'S) throats" ... wlthout a General Plan update. Blxbyand Hellman would be able to bUl1d whatever they want on certaln propertles. She felt all ltems ln the Negatlve Declaratlon were lnaccurate and 111-prepared. The Clty'S General Plan alms at 30,000 resldents - not 60,000! Mola would brlng thlS town to wlthln 1500 persons of the goal. Mltzle Morton * 153 13th Street (8:13 p.m. - 8:21 p.m.) Ms. Morton sald she was upset that the Clty sent the draft Houslng Element to the State wlthout a PubllC Hearlng. She felt every area of the Clty should have had two representatlves appolnted for a study seSSlon on thls draft. She asked staff about the on-golng envlronmental reVlew. Mr. Whittenberg sald thlS is not an EIR. Under CEQA there are three dlfferent types of envlronmental reVlews that are conducted. Mr. Whlttenberg lndlcated the Negatlve Declaratlon belng dlscussed deals only wlth the Houslng Element and not with any potentlal proJects for Clty reVlew. Ms. Morton asked how the Houslng Element affects the Land Use Element? What changes wl11 have to be made to the Land Use Element to conform to the Houslng Element? Mr. Whl ttenberg sald the changes ln thlS document would not requlre any substantlal changes to the Land Use Element. It's lndlcated that there are some vacant and undeveloped propertles that could have a potentlal for resldentlal use but 1 t does not change the eXlstlng land use classlflcatlons on those propertles. Hellman Ranch and B1Xby propertles retaln thelr current zonlng and land use deslgnatlons. Ms. Morton sald she hoped someday that the Clty could lower the denslty ln Old Town by not allowlng such blg houses to be bUl1t on 25' lots. Let trees eXlst. Galen Ambrose * Wetlands Restoratlon Soclety (8:21 p.m.- 8:24 p.m.) Mr. Ambrose sald he sent the draft Houslng Element to the Wetlands Restoratlon Soclety's attorney. He has revlewed the document and he has qUlte a few comments on It. He wl11 have a wrltten report next week WhlCh Mr. Ambrose wl11 submlt to the Plannlng CommlSSlon. Regardlng Land Use Elements, a wetlands overlay lS suggested for the Hellman property to solve fault problems. . Page 7 - Plann~ng Comm~ss~on M~nutes of Apr~l 18, 1990 James Goodw~n * 1405 Crestv~ew (8:24 p.m. - 8:28 p.m.) Mr. Goodw~n sa~d we have 500 houses to bu~ld ~n the next 5 years and suggested 25 acres of Hellman Ranch on the 72 acres of undeveloped land be ass~gned for hous~ng as 25 un~ts for very low, 50 un~ts for low and 50 un~ts for the moderate hous~ng. The same numbers would be used ~n the B~xby plan for the~r 90 acres of land. Add~t~onally, regard~ng the assessment of what we've done s~nce 1982, ~t would be helpful to the pub~c to have a s~de-by-s~de compar~son of our obJect~ves and accompl~shments. Mar~lyn Hast~ngs * 121 12th street (8:31 p.m. - 8:32 p.m.) Ms. Hast~ngs urged tabl~ng the Hous~ng Element as there was not enough t~me to study ~t. Carl San Ph~l~po * 801 Avalon (8:33 p.m. - 8:41 p.m.) Mr. San Ph~lipo sa~d the res~dents and C~ ty needs more t~me to study the Hous~ng Element. He d~sagreed w~th the State's ~nterference w~th c~ty bu~ld~ng codes, l~ke not hav~ng a requ~rement for spr~nklers ~n new homes. Espec~ally when the c~ty ~s exceed~ng state safety requ~rements. He suggested the Redevelopment Agency has caused most of the problems 1n the c~ty. The homes planned for the l~quefact~on area on the Hellman Ranch are there because the Redevelopment Agency needed to have houses there for tax ~ncrements. . Bruce Stark * Old Town (8:41 p.m. - 8:55 p.m.) Mr. Stark suggested tabl~ng the Hous~ng Element as there was not enough t~me for study and ~nput. Mr. Stark referenced pages 33, 41, 50, 56, 81 and 89 as h~s hav~ng ~nput for. 5 MINUTE RECESS Charles Antos * 210 8th Street (9:08 p.m. to 9:20 p.m.) Mr. Antos referenced: Page 20, paragraph 1, "The Cal~forn~a Department of F~nance est~mates that there were 14,497 dwell~ng un~ts ~n Seal Beach ~n 1989". Page 22 (numbered page 20, F~gure 5) shows 1980 Census f~gure of 13,905. Page 19 ~nd~cates "14,486 by 1988". He sa~d ~t's ~mportant to get an exact base f~gure. Page 32 --- the mathemat~cs don't add up correctly at 4.1.1. The acreage of 7,385.5 acres does not compute w~th Table 13 f~gures. Page 33 totals shows 7,361.7 (not 7,385.5). On page 32, General Commerc~al shows "15.0" and Quas~-Publ~c Golf Course shows "57.00" wh~ch adds up to 72. On page 33, staff struck out 137 and shows 93.0 (not 72). Totals must be correct and cons~stent. . Page 40, Table 16 shows a potent~al number of dwell~ng un~ ts 16,176. H~s concern on th~s ~s what are we talk~ng about on a base? Are we talk~ng about 13,905 ... we ought to have a base so that we all know what we're talk~ng about ~n added un~ts. . . . -) Page 8 - Plann1ng Comm1ss1on M1nutes of Apr1l 18, 1990 Page 41 - Referenc1ng "... up to 16,000 hous1ng un1 ts 1n Seal Beach", Mr. Antos sa1d he assumed that was total bU1ld out, tak1ng all the eX1st1ng un1ts and add1ng Table 16'5 factor1ng 1n for a grand total of 16,000 and not 16,000 add1t1onal un1ts w1th1n the C1ty. The total 1n Table 16 of roughly 14,000 un1ts then not more than 2,000 un1ts approx1mately and factor1ng 1n Mola then we're talk1ng about 1600 to 1700 un1ts assum1ng all vacant land 15 bU1lt out. Th1S needs to be made clear. Mr. Antos sa1d the comments from the State Department of Hous1ng that everyone has had about e1ght days to reV1ew and the substant1al changes to th1S document ... he felt 1t would not be fa1r to anyone to take th1S document as 1t 15 and pass 1t on for adopt1on because there are too many holes 1n 1t. La1rd Mueller * 235 8th Street (9:21 p.m. - 9:23 p.m.) Mr. Mueller sa1d the reV1ew per10d has been too short and he wondered how anyone had the t1me to go through 1t and reV1ew 1t properly. He sa1d he d1dn't know why the Plann1ng Comm1ss1on would make any dec1s1on ton1ght and urged tabl1ng the Element. Kurt Augsberger * 121 12th Street (9:24 p.m. - 9:27 p.m.) Mr. Augsberger d1scussed the Env1ronmental Checkl1st form stat1ng that 1t 15 1naccurate as 1t appl1es to the Mola proJect. The Hous1ng Element has noble goals ... and once put 1n wr1t1ng the goals tend to be come facts. If th1s Element 15 adopted as 1t 15, 1t opens the door for development to do the same th1ng the Wetlands Restorat1on Soc1ety d1d - sue the C1ty. The developers could come to the C1ty w1th a comm1tment that's 1n wr1t1ng and say "you people have made th1S comm1tment to the State, let's see you fulf1ll 1t." Also, when you get 1nto negot1at1on w1th a developer the C1ty must have some form of leverage. A key form of leverage 1n any large development 15 the env1ronmental 1mpact of the proJect. A look at th1S env1ronmental 1mpact document states overwhelm1ng ... that there w1ll really be no slgn1f1cant 1mpact brought on by th1S Hous1ng Element. If we go through and fulf1ll all the low and moderate 1ncome hous1ng un1ts 1n town then what leverage does the C1ty ult1mately have to say "no" or "when"? Vera Rocha. Cha1rperson * Gabr1el1no Ind1an Band * Seal Beach and surround1ng commun1t1es * (9:28 p.m. - 9:30 p.m.) Ms. Rocha sa1d what 15 be1ng planned for today 15 revers1ng to the way people used to llve years ago gOlng back to the env1ronment. Ms. Rocha sa1d we want to llve a healthful long llfe but th1s can't be done 1f you cut off Mother Nature by cover1ng her w1th layers and layers of cement. Together we must take care of Mother Earth. Ana Chr1stensen * 259 Term1no Ave.. Long Beach - As secretary to the Native Amer1can Coal1t11on she formally 1ntroduced gU1del1nes for Ind1an sltes w1th1n the commun1ty. (Attached) . Page 9 - Plann~ng Comm~ss~on M~nutes of Apr~l 18, 1990 Comm~ss~on Comments Mr. Wh~ttenberg responded to certa~n ~ssues wh~ch have been brought up: Date of the report: All reports for Plann~ng Comm~ss~on and C~ ty Council are dated the date of the meet~ng. The documents are prov~ded the Fr~day before the Wednesday meeting. You d~d rece~ve a supplemental report Tuesday wh~ch ~ncluded c~ty Attorney's Off~ce changes. Preparat~on of the Hous~ng Element began ~n late January. c~ty be~ng sued: The c~ty was sued on the bas~s that the Hous~ng Element had not been adopted ~n July 1989 as requ~red by state law. The state gu~del~nes spec~fy a document must be adopted by a certa~n t~me and that's the bas~s of the challenge. Spr~nkler: Staff agrees w~th the publ~c's comments on th~s ~ssue. Staff w~ll respond to the State that there are confl~cting legal op~n~ons on th~s ~ssue and ~t ~s the op~n~on of Orange County legal counsel and our counsel that the c~ty does have the author~ty under other prov~s~ons of State law to adopt prov~s~ons that exceed the State requirements. . Negat~ve Declarat~on: A Negat~ve Declarat~on ~s a document that assesses the ~mpacts that th~s document, the Hous~ng Element, would have on the env~ronment. The document ~tself does not have an ~mpact on the env~ronment. The proJects that m~ght be subm~tted to the c~ty could have an ~mpact, there's no quest~on about that and those proJects would be subJect to the normal env~ronmental analys~s at the t~me of proJect subm~ttal. . 16.000 hous~ng un~ts: The 16,000 hous~ng un~ts ~ncludes all currently ex~st~ng hous~ng un~ ts ~n the C~ ty. Th~s ~s a max~mum cap of un~ts that may be bu~lt per the current General ~ and zon~ng des~gnat~ons. Regard~ng the number of un~ts now ex~st~ng at th~s po~nt, there are three d~fferent numbers ~n the Hous~ng Element each one refers to a d~fferent year t~me per~od. The map on page 32 ~nd~cates the breakdown the number of hous~ng un~ts that ex~sted ~n 1980 by areas of the c~ty. S~nce 1980 there are no numbers ava~lable wh~ch d~str~bute hous~ng units by areas of the commun~ty. S~nce 1980 there ~s only est~mated total number of hous~ng un~ts ex~st~ng ~n the c~ty. Map page 20 shows a 1988 number used by SCAG ~n the~r Reg~onal Hous~ng Needs Assessment. The map of the hous~ng d~str~but~on as of 1980 ~s on map page 20. The number of hous~ng un~ts that were referred to by SCAG are on text page 19 and th~s was an est~mate as of 1988 of 14,486 hous~ng un~ts. The Department of F~nance, on a yearly bas~s, does a hous~ng and populat~on estimate based on new hous~ng units constructed ~n the commun~t~es for the ent~re State. . . . Page 10 - Plann~ng Comm~ss~on M~nutes of Apr~l 18, 1990 The~r est~mate as of 1/1/89 ~s 14,497 hous~ng un~ts and that's the most current number the c~ty has to work from. The other numbers are there to show a trend that ~n 1980 there were 13,905 and at th~s t~me there are 14,497 un~ts. So between 1980 and 1989 there's been an ~ncrease of 500 hous~ng un~ts ~n the commun~ty. The current General Plan des~gnat~on, on page 40, ~nd~cates by areas of the commun~ty the ex~st~ng dens~ ty prov~s~ons for the H~ll area, Surfs~de, Old Town, College Park East and West, etc. breaks down those numbers of hous~ng un~ts. In all areas, except Old Town, the numbers of un~ts shown on page 40 are the current number of un~ts that ex~st ~n those areas because those areas are max~mally developed. In Old Town, ~n the med~um and h~gh density class~f~cat~ons, those areas have room for add~t~onal un~ts to be bu~lt because not all properties have been bu~lt to the max~mum under current zon~ng requ~rements. An ~ssue brought before the Plann~ng Comm~ss~on a few weeks ago was to go back and look at the Old Town area and reduce the dens~ty ~n that area to one house per parcel of land. The numbers ~n th~s document reflect the actual zon~ng on those propert~es today. Dens~ty allowed on those lots was calculated by on a block- by-block bas~s the total acreage of those areas d~v~ded by the dens~ty and came up w~th a max~mum of un~ts that could be developed ~f each and every lot was developed to ~ts max~mum potent~al. Leverage rema~ns to the c~ty ~n rev~ew~ng future projects: On page 53 of the Hous~ng Element at 5.2.1.1 ~nd~cates the Hous~ng Element ~n conJunct~on w~th the Land Use Element, Open Space Element, C~rculat~on Element, Conservat~on Element, Safety Element, zon~ng prov~s~ons allows the c~ty the necessary controls to ensure that a development that occurs ~n the c~ty compl~es w~th the prov~s~ons of law and responds to the concerns of the commun~ty from those var~ous of areas of da~ly concern -- a~r qual~ty, traffic, no~se. Add~t~onally, the Hous~ng Element does address the comm~tment to try to f~nd addit~onal areas for very low, low and moderate and upper ~ncome hous~ng. Of the 494 requ~red un~ts, 200 un~ts are shown to be a need for upper income un~ts. Mr. Sharp responded to a cr~t~cal comment on the Hous~ng Element be~ng sent to the State before ~t came before the Plann~ng Comm~ss~on. It was sent to them so we could get their comments back and could be ~ncorporated --- th~s was done by staff. Mr. F~fe sa~d he read three or four vers~ons of the Hous~ng Element and v~ewed a v~deo f~lm of the 4/4/90 Plann~ng Commiss~on meet~ng wh~ch he m~ssed. He read the Government Code ~n an attempt to see what the State was after w~th the Hous~ng Element law. He noted Sect~on 65-583(d) of the Government Code wh~ch states that the . . . Page 11 - Plann1ng Comm1SS10n M1nutes of Apr1l 18, 1990 "local government shall make a d1l1gent effort to ach1eve pub11c part1c1pat10n of all econom1C segments of the commun1ty 1n the development of the Hous1ng Element ...". He sa1d the g1St of the pub11c comments ton1ght 1S they haven't had the opportun1ty to grasp what the Hous1ng Element 1S and to have had the part1c1pat10n th1s language enV1S10ns. Low 1ncome groups have not been heard from. He sa1d the law would want study groups w1th1n the C1ty and th1s 1S a protracted t1me process to get the k1nd of 1nput from all the econom1C elements of the commun1ty that would be affected by the Hous1ng Element. He sa1d he 1S not sat1sf1ed 1n h1s m1nd how th1s Housing Element squares w1th all the other aspects of the Code 1nclud1ng the Open Space requ1rements. The general 1nterest of the commun1 ty 1S frequently expressed to lower the dens1 ty requ1rements. When you bU1ld hous1ng proJects w1th1n the Coastal Zone there 1S a requ1rement that you try to build low 1ncome hous1ng. He or1g1nally reacted favorably to the small condomin1ums 1n the golf course verS10n of the Mola proJect because un11ke the people who compla1n these are "small r1nky-d1nk houses" probably poorer people can afford them. Sect10n 65-690(d) of the Government Code reads, "new hous1ng developments constructed W1 th1n the Coastal Zone shall, where feas1ble, prov1de housing un1ts for persons and fam1l1es of low and moderate 1ncome as def1ned 1n section 50093 of the Health and Safety Code. Where 1 t 1S not feas1ble to prov1de these hous1ng un1ts 1n a proposed new hous1ng development, the local government shall requ1re the developer to prov1de such housing 1f feas1ble to do so at another 10cat10n w1th1n the same C1ty of county, e1ther w1th1n the Coastal Zone or w1th1n three m1les thereof. In order to ass1st 1n prov1d1ng new hous1ng units, each local government shall offer density bonuses or other 1ncent1ves 1nclud1ng, but not l1m1ted to, mod1f1cation of zon1ng and subdi V1S10n requ1rements, accelerated processing of requ1red app11cat10ns and wa1ver of appropr1ate fees". He sa1d he d1dn't see any aspect of the Mola development hav1ng to prov1de low 1ncome hous1ng. The Court's order has v01ded prev10us approvals g1ven by the C1ty, Mr. F1fe sa1d he has trouble w1th a Hous1ng Element wh1ch reports to rev1ew1ng State author1t1es that that land 1S comm1tted. If prev10us approvals are v01ded then that land 1S not necessar1ly comm1tted. We have to cons1der whether some low 1ncome hous1ng should be located there as contrasted W1 th the rema1nder parcel or someth1ng else. He sa1d he 1S not sat1sf1ed as to how land 1S cons1dered under ut1l1zed or under developed. He sa1d he does not understand th1s whole process well enough and doesn't th1nk the pub1c has had enough 1nput and would be 1nc11ned to cont1nue the pub11c hear1ngs to another meet1ng and encourage the Plann1ng Department to so11c1t 1nput from representat1ve groups w1th1n the commun1ty to ach1eve 1nput from all econom1C levels. Mr. Rullo sa1d he was personally upset at the way th1s Hous1ng Element has been forced on the people of Seal Beach. W1th the new C1ty Counc1l com1ng 1n one of the f1rst act10ns they should take is to have the C1ty of Seal Beach take the lead 1n amend1ng State leg1slat10n that requ1res the dens1ty and the econom1C prov1s10ns . . . Page 12 - Plannlng Commlsslon Mlnutes of Aprl1 18, 1990 of the Houslng Element, -- the state has overstepped ltS bounds ln dlctatlng to the cltlzens. We have money ln Redevelopment funds ... and thlS money could be used outslde the Clty, ... ln other areas of Orange County. Mr. Flfe sald he fully agreed wlth Mr. Rullo. The state houslng law seems to bury the lssue of quallty of 11fe to a pOlnt where a Cl tl zen lS not sure whether you're entl tIed to conslder 1 t. Or are you Just drlven to relentlessly bUl1d houslng. Mr. Flfe would 11ke to see thlS whole lssue better and more speclflcally addressed ln the Houslng Element. Ms. Forsythe clarlfled at page 32, Table 13 There lS an lnconslstency wlth the Land Use Element. The Quasl-PubllC Golf Course acreage has been 208 conslstently Slnce the 1972 Land Use Element and why has lt now been reduced to 151 acres? Mr. Whlttenberg explalned that Table 13 takes those total acreage and breaks 1 t down as to propertles WhlCh are developed and un- developed. Not all the property which lS zoned for golf course is developed for golf course. The B1Xby Co. sald of the 208 acres 151 lS golf course and the rest lS used for agrlcultural purposes and are vacant. And, under Sectlon 65-583(7b) of the Government Code, ''It lS recognlzed that the total houslng needs ldentlfled pursuant to a subdlvlslon (a) makes the aval1able resources and the communlty's abl1lty to satlsfy thlS need...". She lndlcated that whl1e we have to walt untl1 1992 or 1993 to contest these flgures and wlth our land availabl1lty, our resources and the land value the only way we could compensate for low - moderate lncome houslng lS to go stacked condos. Revertlng back to the Land Use Element we say we are not antlclpatlng hlgh rlses ln the Clty. There are lnconslstencles to be clarlfled. On page 75, sectlon 5.3 lt says "795 new dwelllng unlts could be constructed ln the Clty over the next flve years" and thlS could lead a new developer to lndlcate the Houslng Element lS call1ng for 795 new houslng unlts. How could the Cl ty not be forced to bUl1d these new unl ts lf that flgure lS ln our own Houslng Element? Mr. Whlttenberg lndicated the goals that are set forth ln the document are slmply goals not a quota. SCAG doesn't know we can accommodate this many unlts. SCAG flgures are drlven off a long range houslng and populatlon lncrease for the entlre Southern Callfornla reglon to the year 2010 (The Growth Management Plan). Mr. Barrow Cl ted a case from San Dlego ln WhlCh thelr houslng element provlded for a certaln number of low and moderate lncome houslng unl ts. San Dlego denled the proJect. The developer ralsed the argument that the Clty had to approve the proJect. The Clty of San Dlego won because the court sald "these government sectlons do not remove the Clty'S power and duty to exerClse its dlscretlon ln maklng a zonlng declslon based on the publlC welfare". Seal Beach has thlS same power. . . . Page 13 - Plann1ng Commiss1on M1nutes of Apr11 18, 1990 Ms. Forsythe asked staff what major changes have been made, other than the numbers, 1n th1S Hous1ng Element than the eX1st1ng 1982 Element? Mr.Wh1ttenberg 1nd1cated the maJor changes have been updat1ng of 1nformat1on because the prev10us document had 1976 spec1al census 1nformat1on and the document has been updated to 1nclude 1988-89 est1mates of 1tems. Redevelopment Agency law has changed and the c1t1es are now requ1red by state law to set-as1de 20% of any tax 1ncrement funds to ass1st low and moderate hous1ng through some mechan1sm. The document has been changed to show how the C1ty 1n the future w111 be able to meet those needs through use of the tax 1ncrement funds that w111 corne to the Redevelopment Agency. The other maJor area that 1S d1fferent 1S (page 79) th1S document reV1ews the programs that were part of the 1982 Hous1ng Element and evaluates those programs. The prev10us document d1d not have that type of 1nformat1on because 1t was not requ1red at that t1me. Mr. Rullo asked about the Rullo amendments and use of Redevelopment Agency funds use not be1ng included 1n th1S document. Mr. Wh1ttenberg sa1d you could take funds out of a redevelopment area and use those funds outs1de the legal boundar1es of the redevelopment proJect area for hous1ng or other purposes Wh1Ch are related to the goals of the redevelopment program. But you may not under current law take our 20% of set-as1de funds for the C1ty of Seal Beach and pass those mon1es on to the C1ty of Garden Grove etc. Mr. Whittenberg sa1d through the funds that flow to a redevelopment agency that are generated w1th1n an area that is located 1n the coastal zone 1t 1S possible 1n that one part1cular case. In Seal Beach, all of the redevelopment areas are w1th1n the coastal zone. All the hous1ng set-as1de funds could be ut111zed to negot1ate an agreement when a new hous1ng development comes before the C1ty that's 1n the coastal zone to m1t1gate the low and moderate 1ncome hous1ng someplace w1th1n 3 m11es w1th1n that area and could be 1n another jur1sd1ction. Other programs of the C1ty Wh1Ch are not funded through the Redevelopment Agency set-as1de funds cannot be transferred outs1de the commun1ty. Ms. Forsythe asked staff 1f an extended care fac111ty would meet requ1rements for low - moderate 1ncome hous1ng? Mr. Whlttenberg 1nd1cated low - moderate 1ncome hous1ng needs must be met W1 th clearly def1ned, 1nd1v1dual un1ts that have separate sleep1ng and bathrooms. It could not be a convalescent home. Mr. Sharp asked Mr. Barrow to elaborate on the consequences of t1me as relates to the Comm1ss1oners' rul1ng and the other t1me constra1nts. Mr. Barrow adv1sed the C1ty has 120 days to reV1se the1r Hous1ng Element but the date when the 120 day 11m1t beg1ns 1S unclear at th1S p01nt. It depends on whether the Judge starts t1ck1ng the t1me from the date he slgns the Judgment (to Mr. Barrow's knowledge he has not slgned the Judgment yet) or 1t could be from an earl1er date. The ~ provides that 1f the C1ty'S not . . . Page 14 - Plann1ng Comm1SS10n M1nutes of Apr1l 18, 1990 ready to adopt 1tS Hous1ng Element w1th1n 120 days they can go back to court and request an extens10n. The C1 ty can approve non- d1scret10nary app11cat10ns for s1ngle fam1ly development and remode11ng. The latest verS10n of the proposed Judgement says that once the C1ty Counc1l approves the Hous1ng Element the C1ty can resume 1 ts normal operat10ns. There w1ll be a presumpt10n that the Hous1ng Element 1S va11d. If anyone wants to contest that they have f1fteen days to f1le a mot10n w1th the comm1SS10ner 1n Orange County Super10r Court to contest the Hous1ng Element. until the Hous1ng Element 1S adopted the C1ty 1S st1ll enJ01ned from issu1ng bU1ld1ng perm1ts for any res1dent1al development over one un1t and any type of commerc1al development. There 1S an exempt10n procedure 1n the proposed Judgement 1n wh1ch people dur1ng th1s 1nter1m per10d (where the C1ty 1S enJ01ned from 1ssu1ng bU1ld1ng perm1ts) app11cants can apply to the court. Th1S 1S a new format and 1t 1S not known how long 1t would take an applicant to get approval from the court. The C1ty could do some process1ng of app11cat10ns and can cond1t10nally approve certa1n proJects but 1f th1s was pr10r to approval of the Hous1ng Element that person would st1ll have to go to court and get an exempt10n. Mr. F1fe asked Mr. Barrow 1f Comm1ss10ner Bauer had taken 1t upon h1mself to oversee the adopt10n of a sat1sfactory Hous1ng Element for the C1 ty? Mr. Barrow sa1d 1f the latest verS10n of the Judgement 1S cons1stent with the ear11er Judgments, Comm1ssioner Bauer would reta1n Jur1sd1ct10n not only on the Hous1ng Element but unt1l such t1me as the Hous1ng Element has been updated. He would reta1n Jur1sd1ct10n on other app11cat10ns as well. Mr. McCurdy sa1d he 1S st1ll 1n the learn1ng stages. He d1d not1ce the comments to tab11ng th1s 1tem unt1l we could get the state law repealed would be an exerC1se of great fut1l1ty. Ms. Forsythe asked staff how we could let the public know what's g01ng on and ask for the1r input? MOTION by Sharp; SECOND by McCUrdy to send thl.s Draft Housl.ng Element on to the Cl.ty Councl.l Wl.th the recommendatl.on that they approve l.t. MOTION DEFEATED: 3 - 2 AYES: Sharp, McCUrdy NOES: Rullo, Forsythe, Fl.fe . . . Page 15 - Plann1ng Comm1ssion M1nutes of Apr11 18, 1990 MOTION by Fl.fe; SECOND by Rullo to consl.der thl.s matter as contl.nul.ng l.n terms of the publ.c l.nput and that we calendar a resumptl.on of the public l.nput for the May 2, 1990 Plannl.ng Comml.ssl.on meetl.ng wl.th a resumption of the Publl.c Hearing. Also we dl.rect the Plannl.ng Dl.rector to do whatever he can to publl.cl.ze the fact and nature of thl.S process and l.n partl.cular to advl.se specl.fl.c, targeted vacant land owners so that they too can provide thel.r l.nput Wl.th the l.dea that hopefully we can wrap thl.S up and have a record of full publl.c l.nput by May 2, 1990. MOTION CARRIED: 5 - 0 AYES: Rullo, Fl.fe, McCUrdy, Sharp, Forsythe Mr. Barrow sa1d the Plann1ng Comm1SS10n has the d1scret10n to cont1nue th1s 1tem to May 2, 1990. S1nce we don't know when the 120 days 1.S g01.ng to start runn1ng, the only concern would be that the C1ty 1S st111 1n a state of 11mbo 1n respect to certa1n perm1ts. If the 120 days becomes a problem we could go to court and seek and extens10n. Mr. Rullo asked Mr. Barrow to let us know at the next meet1ng when the 120 days w111 beg1n? Mr. Barrow sa1d the f1nal version prepared by the part1.es was sent to Comm1ss10ner Bauer on Monday or Tuesday of th1s week and we're hop1ng to have a Judgement th1s week. Mr. Barrow added that the 120 day per10d would probably start runn1ng from the date of the Judgment. Mr. Barrow clar1f1.ed the Hous1ng Element item has been cont1nued to the Plann1ng COmm1SS1.0n meeting of May 2, 1990 at 7:30 p.m. The adJourned meet1ng of Apr11 25, 1990 w1ll meet at 7:30 p.m. ORAL COMMUNICATIONS Beverly Caseras - suggested staff not1fy the ten plus agenc1.es 11sted 1n the HCD letter and 1nv1te them to come and part1c1pate. M1tz1e Morton - suggested staff run an art1cle on the front page of the Journal 1nform1ng the public and also offer for the publ1C to come to C1ty Hall to rece1.ve the Draft Hous1ng Element at a nom1nal cost. The Tra1ler Park should be asked for the1.r 1nput also. Ana Chr1stenson. Nat1ve Amer1can Coal1.t1.on of Southern CA - the 1.mmed1acy of the1r concerns regard the Mola proJect. They don't bel1eve the C1ty 1S fully aware of the cultural resources 1n the Hellman Ranch area. The tr1be was not contacted during the several years of hear1ngs. She requested the GU1del1.nes for Tr1bal Cultural and Resource Management and Preservat10n ava1lable at a nom1nal cost to the c1t1zens of Seal Beach. She urged further archaeolog1.cal stud1.es before approv1ng the development. An old 1980 study was quoted and does not state that human rema1ns were found on th1s s1tei th1s must be cons1dered a bur1al s1te. Page 16 - Plann1ng Comm1SS1on M1nutes of Apr1l 18, 1990 . STAFF CONCERNS There were no staff concerns. COMMISSION There were no Comm1SS1on concerns. ADJOURNMENT Cha1rman Sharp adJourned the meet1ng at 10:37 p.m. Respectfully Subm1tted, ~OO-r"\ ~~~ Joan F1llmann Secretary Department of Development SerV1ces *** These M1nutes are tentat1ve and are subJect to the approval of the Plann1ng Comm1SS1on. *** . The P1ann>ng Comm>ss>on M>nutes of Apr>l 18, 1990 were appr~ on Apr1l 25, 1990. . THE NATIVE AMERICAN COALITION OF SOUTHERN CALIFORNIA Davl.d Be1ardes Trl.ba1 Chal.rman and Spokesperson Juaneno Band of Ml.ssl.on Indl.ans 31742 Vl.a Belardes San Juan Capl.strano, CA 92675 (714) 493 4933 Manual and Vera Rocha Cha.Lrpersons Gabrl.ell.no Indl.an Band 3451 Remey Avenue Baldwl.n Park, CA 91706 (818) 962 8546 Apn 1 18, 1990 Clty of Seal Beach Plannlng Commlsslon / Clty Councll . The NatJve Amerlcan Coalltlon ot Southern Callfornla has, as one of O~l prlmary obJectlves, the ldentlflcatJOn, proper treatment, and preservatlon of Cabrlellno and Juaneno cultural and burJal sltes wlthln Los Angeles and Orange Countles At the present tlme, our trlbes are not contacted when these trlbal resource3 are lmpacted by development Although somewhat protected ulder federal and state law (NAQUA,CEQUA), as well as SO~le regulatlons of the Callfornla Coa3tal Commlsslon, and certaln county and Clty ordlnances, our sltes contlnue to be mlslabled In EIJs Rnd mlS- handled ana destroyed through unethlcal archaeology servlng the lnterests of developers The Natlve Amerlcan Coalltlon of Southern Callfornla offers the followlng gu~dellnes to the Clty of 3eal Beach In the hope that the CJty wlll choose to adopt them as Clty POllCY To do so \nll lTISUre local trloal partlclpatlon from the onset where trlhal cult~re lS at stake, Rnd wlll respect t~lS oldest cultural herltdge of our Southern Callfornla area as a valuable legacy for all present and future generatlons . ~ fo.r the. !<&;D;d) L/-. l'l 90 . . GUldellnes for Trlbal Cultural Resource Management and PreservaLlon speclflcally relatlng to Gabrlellno vllllage and burlal sltes wlthln the Clty of Seal Beach PART 1 Research and Preservatlon 1 The Clty shall conduct research to locate and ldentlfy trlbal vllllage and burlal stles wlthln the Clty llmlts A Gabrlellno trlbal member and an archaeologlst selected by the trlbe shall be employed by the Clty to research county and state recoras, flIes of the Natlve Amerlcan Herltage COm~lSSJOn, any other reglsterles of sltes, and also to collect lnformatlon from local resldents and trlbal members regardlng sltes and thelr slgnlflcance. 2 A map of the Clty shall be made showlng the locatlon of all sltes presently known Both the Clty plannlng department and the trlbe shall malntaln records of the above JnfOrmatlon WhlCh shall not be avallaLle to the general publlC 3 A commlttee of trlbal representatlves and representatlves of the Clty plannlng department shall work together to develop a plan whJch preserves cultural sltes and burlal bltes In open sp8ce areas and malntaLns and restores the orlglndl natural habltats of anl~~l and planL llLe In these open space areas 4 ThlS commlttee shall also research fundlng sources to 1)11Y land from prlvate property owners WhlCh contalns cultural and burl~l sltes In order that these sltes remaln undlsturbed by commerclal and/or resldentlal development wlthout slgnlflcant loss to property owners The commlttee may also act to secure such fundlng for purchases from prlvate and publlC agenCles PART 11 Regardlng Archaeologlsts :lvolved wlth Trlbal Sltes 1 The Gabr~ellno Band and the Natlve Amer~can CoalltJOll Q[ Jouthern Ca]lfornla lnslst on ethlcal archaeolo~y WhlCh lS of beneflt to trlbal peoples and respects trlbal cultural uerltage and splrltual values Therefore . 2 The trlbe has the obllgatlon to reVlew the credlntlals and work hlstory of any archaeologlsts lnvoved In research proJects or planned . . . excavatLon of trJbal sltes wlthln Clty Ilmlts 3 The Gabrlellno shall have the authorlty to reject those archae- ologlsts "hose past performance shows them to be lnsensltlve to trlbal values and dlshonest In thelr deallngs wlth Indlan peoples 4 ArchaeologJsts wlll not be hlred dlrectly by the lndlvldual or company developlng a property known to or posslbly contalnlng Gabrlellno sltes Developers shall post hond to the Clty to pay for the EIR and any subsequent archaeologlcal and monltorlng fees The Clty plannlng department, the developer and the trlbe may submlt names of archaeologlsts for reVlew The trlbal elders councll In consultatlon wlth a representatlve of the Clty plannlng department shall select the archaeologlst for each project Archaeologlsts and monltors shall flle caples of thelr work reports wlth the tIlbe and plannlng department and shall be suhJect to dlsmlssal by the trlbal elders councll for the mlshandllng and/or destructlon of cul- turql materlals or human remalns 5 Any archaeologlcal studles on lan~ wlthln the Clty Ilmlts, In- cludLng a slte walk-over, shall be done In the presence of a Gabrlel- lno monltor 6 All lndlvlduals and/or companles seeklng permlts to bUlld on prevlously undeveloped land wlthln the Clty lllOltS shall be requlred to research the Clty trlbal cultural resources flle (the flle shall not be open but a property owner may be told of sltes located on hls/her property) before seeklng permlts to bUlld If property to be developed contalns trlbal cultural and/or burlal sltes, developer lS responslble to contact trlbe dlrectly before seeklng permlts from the Clty PAllT III Sltes Impacted by Pevelopment 1 If human remalns ~Dd/or cultural resources of the trlbe are UJscovered durlng excavatlon or constructlon, the Gabrlellno Band (the trlbal chalrpersons) must be contacted dlrectly by the Clty/ Clty coroner wlthln 24 hours The trlbe wll1 send a representatlve to the slte to rec0mmend the proper proceedures to be followed 2 No further excavalon or constructlon shall contlnue untll the trlbal representatlve has made hls/her recommenddatlon and It has been revlewed and approved of by the trlbal elders councJl Any . . . ,. further excavntlon/constructlon must be done In the presence of a Gabrlellno monltor If the trlbe decldes that an archaeologlst should be consulted, the proceeuures In Part 11 shall apply 3 All artlfacts, human remalns and assoclated grave goods remaln the property of the Gabrlellno trlbe Funds for reburlal and/or curatlon of excavated trlbal property shall be provlded by the developer PART IV Respect for the Human Rlghts of Indlgenous Peoples 1 The clty, recognlzlng the Gabrlellno as the leglt1mate descendants of the or1glnal peoples of a terr1tory 1nclud1ng the Clty of Seal Beach, honors the Gabr1ellno as the caretaker~ of all v1ll1age and/or bur1al sltes wlth1n C1ty Ilm1ts The C1ty recogn1zes these to re- maln under Gabr1ellno ]urlsdlctlon whlch has never been ceeded to any local, county, state or natlonal government Such protectlve status for these sltes 1S deemed nece8sary lf trlbal culture 1S to be respected and to contlnue and 1S recogn1zed under lnternatlonal law ~, 3.~ /- ~ 0 .. a 50 ~i ,. ....~...I\..o... ~g. VI. . 1- .');.... ,. tii l!l 0 = - \0 -.J - , , , '" ~ ,," ~~ / ..t'~ ",,'" , , '" , Q.~ ...... rl ~ ...,... o -< 3 n ..... \ ~ . , 3: - -" ,--0 , ;r ~ l\ . \y . . . .#i I GUIDELINES FOR MONITORS/CONSULTANTS QE NATIVE AMERICAN CULTURAL. RELIGIOUS. AND BURIAL SITES . When developers and public agencies assess the environmental Impact of their pro- jects, they must consider "cultural resources" as an aspect of the environment In ac- cordance w'th Appendix K of the California Environmental Quality Act GUldelliles These resources can Include Native Amencan graves and artifacts, natural resources used for food, ceremonies or traditional crafts, and places that have specIal sIgnifi- cance because of spiritual power associated with them When projects are proposed In areas where cultural resources are likely to be affected, one way to avoid damage to cultural resources and minimiZe litigation associated with the project IS to perform ar- chaeological testing, with a Native Amencan mOnitor/consultant on site In senSitive areas, It may be appropnate to have a mOnitor/consultant on site during part or all of the construction work A knowledgeable, well-trained mOnitor/consultant can spot Indlcatlofls that an area has been used as a Village site, gathenng area, bunal site, etc and estimate how ex- tensive the sIte might be A momtor/consultant can prevent damage to a sIte by being able to communicate well with others Involved In the project - this might Involve re- questing work to be stopped so that an archaeological survey can be completed, en- sunng that bunals are avoided when heavy equipment IS used, shanng information so that others Will understand the Importance of the resource Involved, or making sure that bunals are treated appropnately when they are encountered By working with and acting as a liaison between Native Amencans, archaeologists, developers, contractors and public agencies, a Native Amencan monitor/consultant can see that cultural resources are treated ar>r>ror>nately from tho Native ^menC<1n point or view Ihls can holp others Involved In a ploJect to coordinate mitigation mea- sures and avoid obstacles to project completion These guidelines are Intended to proVIde prospective mOnitors/consultants and people who IlIre monrtors/consultants With an understanding of the scope and extent of knowledge that should be expected DESIRABLE KNOWLEDGES AND ABILITIES. 1) The on-site mOnitor/consultant should be familiar With and knowledgeable about local hlstonc and prehlstonc Native Amencan Village Sites, culture, religIon, ceremony and bunal practices 2) Knowledge and understanding of Senate BIll 297 (Chapter 1492, Statutes of 1982) and Senate Bill 447 (Chapter 404, Statutes of 1987 ) '" \ . . 3) Abalty to communicate meaning of Senate Bill 297 (Native Amencan remains) and Senate Bill 447 (Felony Bill) to project developers, Native Amencans, planners, landowners, and archaeologists 4) Ability to work with local law enforcement officials and NAHC to ensure return of all associated grave goods taken from a Native Amencan grave dunng excavation 5) Ability to travel to several project Sites, If necessary, within traditional tnbal territory 6) Knowledge and understanding of AppendiX K of the California Environmental Quality Act (CEQA) GUidelines, and Section 106 of the Hlstonc Sites Preservation Act of 1966 7) Ability to read a topographical map and be able to locate for future inclusion Into the NAHC Sacred Lands Inventory sites that are discovered but not recorded and lo- cation of rebunals 8) Knowledge of the techniques archaeologists use to collect on-site data, excavation, auger holes, trenches, shovel pitS, controlled gnd surface collections, etc REQUIREMENTS. 1) Required to communicate orally and In wntlng with local Native Amencan trrbes, project developers, archaeologists, planners and NAHC staff and other Involved rn the mitigation plan 2) Required to marntaln a dally log of actiVities and prepare well wntten progress re- ports on any "flndrngs" at a project Site, (Ie, associated grave goods, skeletal remarns, bone fragments, beads, arrow pOints, pottery and other artifacts) 3) Required to present to the developor and archaoologlst the decIsions of the most likely descendents as Identified by NAHC concerning the diSpOSItion of sIte frndrngs, Ie, rernterment, research and examination 4) Required to prepare a frnal wntten report descrrbrng the discovery of any Native Amerrcan remains and assocIated grave goods and their frnal diSpOSitIon ThiS report shall contarn at a minimum the date of frnd, descnptlon of remains and associated grave goods, date of rebunal, and place of rebunal The report shall rnclude a discus- sIon of mItigation measures taken to preserve or protect Native Amencan cultural re- sources and If applicable a companson with mItigation measures descnbed rn the en- vlronmentallmpact report ThiS report shall be submitted to NAHC wlthrn four weeks after completion of the project Rebunal rnformatlon WIll be Included In the Sacred Lands files -2- . . . ~ . 5) Ablfity to Identify archaeological deposits and potential areas of Impact 6) A person wIll not act as most likely descendent on the same project which he or she has served as a monitor/consultant EXPERIENCE 1) It IS recommended that each monitor/consultant have prevIous expenence working with NatIve Amencan cultural resources under the gUidance of a Society of Profes- sional Archaeologists (SOPA) qualified archaeologIst This must be contrnuous on- site gUidance Letters from the onslte archaeologist should be submitted with a copy of the archaeologist's resume OR 2) Expenence and knowledge regardrng cultural, traditional, and religious resources can be garned by training from tnbal elders This expenence and knowledge may be venfled by the submission of copies of contracts, reports, letters from elders, etc OR 3) Formal educatIon regarding cultural resources can be substituted for expenence This educatIon must be taken In the Anthropology Department of a two or four year ac- credIted Institution This educatIon may be venfled by the submission of copies of transcnpts PREFERENCE 1 9 Final Approved 7/10/89 It IS recommended that preference for momtor/consultant pOSItions be given to local Native Amencans These local people usually have knowledge of the local customs and traditions They are also aware of the local leaders and elders that may need to be contacted should an unusual situation occur Since It IS their traditional area berng Impacted local Indians have vested Interest In the project r ,,' '_ -3- ~ ~ Last year, In preparatIOn for the fourth sessIOn of the UnIted NatIOns WorkIng Group on Indigenous Populations an open meetIng for all Indigenous rep- resentatives was held In Geneva the week before the WorkIng Group sessIOn More than 100 partiCipants from over 15 countnes IncludIng representatives of In- digenous nations, Indigenous organIzatIOns and In- digenous NGOs traveled from Brazil, Peru, Bolivia, Ecuador, ArgentIna, Chile, MexIco, the US Canada, Sweden, India, Australia and elsewhere To prepare speCifically for the WorkIng Group sessIOn the rep- resentatives deCided to develop a draft declaratIOn of prInCiples to submit to the WorkIng Group to assist It In carrYIng out ItS mandate of develOPIng new stan- dards The first step In establishIng new and stronger Inter- national legal standards to protect the nghts of In- digenous people will be necessary for the Work 109 Group to discuss and propose a Declaration of Pnn- clples on the Rights of Indigenous Peoples In prepar- Ing the new draft declaratIOn several older draft declaratIOns were studied and dIscussed In detaIl, 10- c1udIng the DeclaratIOn of Pnnclples adopted at the 1977 NGO Conference on IndIgenous Populations 10 the Amencas, the PnnClples for GUldmg the Delibera- tIOns of the Work 109 Group submItted 10 1982, and the draft DeclaratIOn of PrmClples of the World Coun- Cil of IndIgenous Peoples All of the mdlgenous representatives agreed that a draft of the new declaration would be submitted to the WorkIng Group and then taken back to our re- spective organIzatIOns, natIOns and commUnIties for further review The draft declaratIOn, endorsed by SIX IndIgenous NGOs and more than 17 other mdlgenous organIzatIOns and groups, was not conSidered a fmal document, but rather the best and most comprehen- sive declaration that we were able to produce at our meetIng With the broad participatIOn of many 10- dlgenous representatives from throughout the world It IS expected that future dISCUSSIOn of standards will focus on thIS draft and the changes and addItIOns whIch are expected 0 . Roger Jones IS an OJibwa Indian Declaration of PrInciples on the Rights of Indigenous Peoples . Draft declaratIOn of pnnclples proposed by the Indian Law Resource Center Four DirectIOns COIIllCr! NatIOnal Abonglllal and Islander Legal Serolce NatlOnallndlan Youtll Councr! InUIt CIrcumpolar Con- ference and the IntematlOnallndlan Treaty Cowlcrl . 1 Indigenous natIOns and peoples have In common WIth all humanIty the nght to life and to freedom from oppressIOn dls- cnmmatIon and aggressIOn 2 All mdlgenous natIOns and peoples have the nght to self-determmatlOn by statue of whICh they have the nght to whatever degree of autonomy or self government they choose ThiS mcludes the nght to free Iy determIne their politICal status freely pursue their own economIc SOCial religIOus and cultural development and determme their own membershIp and/or cItIzenship Without external Interference 3 No State shall assert any JunsdlctIon over an mdlgenous natIOn or people and ItS tern tory except In accordance With the freely expressed WIshes of the natIOn or people concerned 4 IndIgenous natIOns and peoples are entl tied to the permanent control and enJoy- ment of theIr abonglllal ancestral-hlstonc terntones ThiS IIlcludes surface and subsur- face nghts IIlland and coastal waters re- newable and non renewable resources and the economies based on these resources 5 Rights to share and use land subJect to the underlymg and malIenable tItle of the Indigenous natIon or people may be granted by theIr free and Informed consent as eVIdenced In a valid treaty or agreement > 6 DIscovery conquest settlement on a theory of terra nul/ills and bIlateralleglsla- tlOn are never legitImate bases for States to claIm or retaIn the tern tones of Indigenous natIOns or peoples . Q 72 CS Quarterly 10(1) 7 In cases where lands taken In vIOlatIOn of these pnnClples have already been settled the IndIgenous natIon or people concerned IS entitled to ImmedIate InstItutIOn In- cludIng compensatIOn for the loss of use Without extInctIOn of ongInal tItle In- digenous peoples deSire to regaIn possessIOn and control of sacred sItes must always be respected 8 No State shall partICIpate fInanCially or mllItanly In the Involuntary displacement of IndIgenous populatIOns or In the subse- quent economIc explOitatIOn or military use of their tern tory 9 The laws and customs of mdlgenous na- tIOns and peoples must be recognIzed by states legIslative admmlstratlve and Judicial mstltutIons and 10 case of conflicts WIth State laws shall take precedence 10 No State shall deny an IndIgenous na- tIOn communIty or people resldmg WIthIn ItS borders the nght to partICIpate 10 the life of the State 10 whatever manner and to whatever degree they may choose ThiS In c1udes the nght to partICIpate In other forms of collective action and expressIOn > 11 Indigenous natIons and peoples contInue to own and control theIr matenal culture IncludIng archeological hlstoncal and sacred sItes artIfacts deSIgns knowledge and works of art They have the nght to regam Items of maJor cultural SIgnIficance and 10 all cases to the return of the human remaInS of theIr ancestors for bunal In ac cordance Wlth their tradItIOns 12 Indigenous natIOns and peoples have the nght to be educated and conduct bUSIness With States 10 theIr own languages and to establish their own educatIOnal mstltutlOns 'I 13 No technIcal SCientifIC or SOCial 10- vestlgatlOns mcludIng archeologIcal excava tlOn shall take place 10 relatIOn to 10- dlgenous natIOns or peoples or theIr lands WIthout their pnor authonzatlOn and theIr contInumg ownershIp and control ~ 14 The religIOUS practICes of IndIgenous na- / tIons and peoples shall be fully respected and protected by the laws of States and by mternatlOnallaw IndIgenous nations and peoples shall always enJoy unrestncted ac- cess to and enJoyment of sacred Sites 10 ac- cordance Wlth their own laws and customs IncludIng the nght of pnvacy 15 Indigenous natIOns and peoples are sub- Jects of mternatlonallaw 16 Treaties and other agreements freely made With Indigenous natIOns or peoples shall be recognIzed and applied In the same manner and accordmg to the same mter- national laws and pnnclples as treatIes and agreements entered mto With other States 17 DIsputes regardIng the JunsdICtlOn ter- ntones and mstItutlOns of an mdlgenous na- tion or people are a proper concern of mter- natIOnal law and must be resolved by mutual agreement or valid treaty 18 IndIgenous natIOns and peoples may engage 10 self-defense agaInst State actIOns 10 conflict WIth their nght to self- determmatlOn ] 9 Indigenous natIOns and peoples have the nght to freely travel and to mamtaIn economIC SOCial cultural and religIOUS rela- tIOns With each other across State borders 20 In additIon to these nghts mdlgenous natIons and peoples are entItled to the en- Joyment of all the human nghts and fun- damental freedoms enumerated 10 the Inter- natIOnal Bill of Human RIghts and other UnIted NatIOns Instruments In no Cir- cumstances shall they be subjected to adverse dIscnmInatIon . Appeared also In document E/CN 4/Sub 21l985/WP 4/ Add 4 ... i -: '. . . ~ \" 1 :- .....:' f' , ~ .. ,. I .. . , . , ~ ~ , -. . I 1 I 1 i,) ~ 'l \.. :: , .. I~ ... :_ 1 (\"'0 ~(=.l';t"l rt " . 11...,\ i... 3 'i ", , II ~ cr.: j 'COO. ,\ t.. "'" c, rt'~, :' ,",-" I "~to .',.. I\. :""1'" ..... ,'''h-:;[ ~rJ., ~~:":. ~.)r; "-IC:', 1',\ ')'l'Jr. ":-~:'~~cln;l.::l 1""5')\.1:'-':.'... ""l ~"I' :--.mc.~ :lrc:> r:'.J ~t'.ll ~"l'l , .,... 't 5-'.9- ~J .) n'~~l" ". '\.L..'~..OI.-=... '$ -,r 1'1 T .., r-, " t~':::i-I,~'(~ r-;,,'rt " 'I ,'l "'_'1' )'':!;')1::'..' :~:: ::>_ ...:....". 'O,"" ~ .; i::! 1 I :." ,,- (".. !-,. .. !." ,..,~ . ....IJ ) I.. "'" t 'r,,:lI:r~ '. )'fltll" ~ .... r::. 1 ::" "l r... c~ -: '" \ ." 1 1.: = .. ," :",' l ).. Il" ~ ! ..'. -:'h~t rpi)nrt ...'..1.... li.'~nl :"'_ "..--"'...1 .. 1" t ..~ ..... C 1 ~ I :~.)~[''; ,!"'c........--d tvt. 'n !!..~ L.~ 'c" t."...~~-! .....j 'j:~u.:.t.lC3:1C::C \. ..."... 1.. I ~ L."u:. 1" ,e CCO,J~ :: ~.. ' J. L:1 C t.. :- .. r, ,. ..!: ... 1 th.: r'\:.."r~ll:'" !.... ~ '" t II, re:-c-rt .1~d ""e'" UL~ '..Ll..... I..th i.ll~ I:. ~ 0 ... t'.., . -. ,~ i ",1 "'-':1C", .:" I ,'r., ',=-':n~' .: "r, I'~.. H,: .\"'t"L'':OL'''(,[,:.\;. :~;'::V::::' ,I"!,,, .T: ~"I'~ 1 ;:LL '.\, :?:,.~;r"L:.' :'"or: Ultr.'1sy,;t=.' S, in,. 2:"')' "Len ~ h'()I' !' _ .. '1~ Trvlr~, r~ ~~7]5 r;i '-I'U --.','11, r:..\ I d}.. :"'ch,]eQJ.."':._CI1~ \'c;o~.. T..::d. '122-~ iL::O~Lll ~t.€~t ,JOr'l.lr', ~'" 1-:"',:) ';.JC't::; .'':>>~:.J c:~ ::':',27 'II) !:.~xt ;~!.:..: Ii' ,,~~.q ,': r.npc: ':n~ ,!'::[c~r ..~'s) ~1l!.S U ;t ~~rv.:!.,.-l~""!l r:p,,:-:, ~'''i'=~l ::-/)un~ i"'Ot ~ th'J'7 . IIii' t,'J.=''':.t 1!\Oic.!p.r:ce to t'C'Cj'nrl! '1 tE'SL-l:uel .:In:l!..:i b..:.lrp. ;>rel).:lrlcj,m or ft,'.:11 dl\\':llJ:'MC.&t !11ans. 'Lhp. :Jrcnivstl ":'rcn ,/I)Cl:'l'(!~teJ :':'e f.:ct !:;:-t t~p :Jil... tJ ;.Jell :~r.O'lin to pruLc<;Jl01131 .lrc.,,:,cO!.o,'i9t9 .19 ~'cl1 ,15 to loc~l .:ilizens. 'Tine '>I!:C'S r:1d br~n r:corJ~rl t, t~~ 'It'Jt~ Ar='.:l'olo~tc~l ~urv~y: 0rd-256, -257, -:~9, -2bO. -Z61, -2~2. -2~3. -?~~, -'5;. L~lS 1?50 survey r~ev~1uateJ ~h~se and ~lso loc:lt~d three .....~vtously "'''1:''~cor<!ej :..ttell, Or:t-~51J, -~'H, "rid -81)2. illey r~n~e Crom the l' to ~'e 6~' ~Jnt~ur'l tLnt 13, fro, ~arsh-level to th~ ~luff ~~d.:"''l. "ollecti\','ly, l:l(' 'ltt...s lr the T)arcel boul'd:ory "Cove b'::en '.no\,'r. as Lht! "Landing :lill COli'plex" 3nd "'fC!ll::t.::n Ranch Sites." P~blisncd :%"'ld I'l8nuscript r~ports are 3vailabl~ un ~rrviOU3 ~rc~JEoJ~sical ~nalysis ~t t~c sites. The survey report e~p~asiz~. at l~ast fivp s~ttS (Or~-l60. :52. -263. -85~, 3n~ -R52) ~s still likely to ~~ve lntact cultural de~osits, so~e of which mal still i:tclude hUl':"3.1 ~urials. Asjje from thE' hU:t:lD skeletons G:1d utifacts re;novcd :'y V.:1nd31s, th,. ;>revious Olrchaeologicll ~"Ork found :11...ny io~d-preparation implew~nts, ccreTor.ial o~ject., shell and .tone ornam~nt8, ~tc. l'otable are several ~cul~tured efii~ic9 in stone. probably belonging to the Late Period cultures, and at least oce of the faii'ous "cos]ed stones" ti-at probably belcn~ed to the early Culture3 of 1000 or so B.C. A time-span of several thousand yean is tn:tio::,lted. Eligibility for ~fitry in t~e National Re~ister of H~storic Pl~ee8 is a dut iret posubility fer rell'.1inir,; ;,lortlons of the s it.':!s, be.cause it h.:13 been crnsi~ered one ~f the i~poctaat ~rc~~eological site arass in this region. nedi6t~r cliglbillty cannot oe lc~r~ssed witrout subsurf4ce testing. . . . L"" .. \ l' , ,. . (1::-[ l.t [,,- [',.:,)rJcJ 1lt'::J 11.:!.1 oJ'::l. '..n.:1:1L1.;::.", lrl ,H.'E:' Ir.: Ill;',,' -lrtL1Ll} ..:.!~::r')...c" J)' "'lr.VLOUq ".VI']'" ...~':t J'-:l ':Il.[ t.} t':... .UbJ.!C:.~L'OD(rtj. ".)".~'...!r, "I'ly t~,o .Jr.:? lnd ~C;}t~ ,~' "5 t....to:] L} ,J..qt:JY, ,\ I ''; of lll:' 19t.Q ~.ur\'e~'). il:\: r\J.'Hur::'..ll'_~ ib ,'L thE' iand ',nl";.' ....... ':l.~...t.'l h... lj..I.I,ll}arn \;..11L:''):::1J..1 ':,',H[.ll .Htes t"'lt .1r':: !\ltdl rpg'ar1l"d 3j cl.u.;..~ r,:'ourcl..': '.ll::~ hL~h rCSf''lrC'1 p,)t~nt1:l1. i.les~ i:'"'..1ining rlel1l:'ml ~.:Arcl1 :dt..:l ',1'" ;l LLL o::.>rt3Jn SO'C .nt,lce '; I j~"n, 1nclmhng fUL.t;l~::' .JuricLs. ';,) mbs.lrf.:l\:.. t~stL;'l..~ 11:q ~vel ) ,:: ....!:tl:!-...1tic3.11y "ltt..'-e'l:,..tj eicner ''''''lthL:l l'l(~ :I11:E'o; t~,.t .ar~ V1SLrJlf on t~~ ,:lr:'1Ce :)1.." L,1 the :lrp3~ bE"tw(.'~'n tll.::!:,." . ':'i1&! tiiCf-Jcult 1e& ',n locat Ln~ U::I'S :''1 surf.lcr 1n\! lc~t L ,r1 .1r:- t'x.)lain~J 111 t'h' n:P?rt"'s ."\:1;," ll, ..hic~ :if'uQS t!1al tl,.::!r'1 ,:a}"pLL JC JtJ~l-ul\dL~~:>v::~"d S Lto:: 3 .'1 the rrl)IH~rty. :r~c :urvey :"'l per.: 01.1:......... i: " -r t. ie.1 (:;_ 13) cront ..lnj o~ u' ..;-.;. ':,h1..:: ::l>! :Hlr(.:c(' 1tJpcar ]"'ce of ".<;1:'"11.:.: 11'" and ,.11~'~ urb~rcC! "/ould n,'v'~ t,,,, t (!o ::,,'st ,I )'1 o;ubsurr.:Jc~ test 1.0 . : The 1').;0 shFv-:' I, ,>ort Sti1t,H, ".\11 lcc:;J~',~,,~i.:',"l u"':': J.)c.lted on t~'" w'J':J..ect nrop...!rty ,Ai pot..I't.i,ll~) ~L(>.;Hl.::;nt" (~. lJ". It >.'::!~ dC to,' tf1dic.:!tc f \'..1'" J L'l:! :,1nd o. '/.)L'I.. \ll'llC.l .a.S .1ec~cd ccto::,C' {;I..l..' "'J.::I.:~tJ.on ::'iC01"'j''lIen :ltlt.>nb c.:Jn be :ort:.u l~ted. Sever~l tlrrs o~~r t~~ )PI~S, I h'1vC Lr~_i t:c ~lt~ of ~c~l ~~ach to see :.h.Jt r:hu ".ork is' ~:>.., 35 '.:?nrly :I... poqsi.>}=- to ,i.! OCLl1 tiie city oind i?otcnti31 J~velo?C!rs 1.1 c"" ?: ..nnu".~ l':')(.':!'15,l. In, J1lty, 1951. th! Ch:lir",ll1 of t'le i'r~9:;~ Cou,lLy Hislori:.:ll COiUlil1Ssi,o>n WTote to the'City "f :~.!oll ~ercl-. :t:,..llt ti.., r,,'lb..:1 S?cci.:ic Ph-n', tnClo~l"~ the COlll'.tj...... Arcr..:I;:,o/?.:tb.o )olicy ::J.'J ,1 btl~;; ~'5ter\ ;;\Jide to 'St.in;irlrd reSCIltcc .:'::.n.:l;;c'~ent 3tCOS, .1afi., ~ Leb !dCC."""'i h II :~Jjress l"11 both arc'laeo!o';y .:In<1 ti~v~lo?~~nt ~oncerns, rp3ultin~ 10 ~~st-effcctil~ ~iti~:ltion ~nd .1 iack 0: liti1ao: Lon. It . the :>r"poscc! i'rl.)Ject -\iill certa~nly h.1VC adverse itnpcct, either direct or il1dLrPct, In the 3rchJ,!.oll";ical Tr'c;ources ..,hich are still ?r~se!!t. For cl,"plunce ,.,~th cur~~nt law and polic)', I wOll1d ur;e the Coastal. CQC1E'Iission t..l rCGtd.re toat the recommended uchclcological. tests' for site S Lara: iC3nce :m,sl ~;at iona.! QE''lLSter etLg ib ility be conducted 'prior to qny fllrther steps in the ~valu3tion or approval df' the project plans. . " Sincerely. 4JvrY?~ ' Keith A. Dixon .' . P.S. I 3m Professor of Anthropology at California State liniversity, 1.ong Beach. and am an archaeologist. long familiar ~ith local cul~ural/scientific resources. I am also a reember of the ~range County Itistorical Commission for the Second ~i8trict.. Although I do not do 3ichaeologic~L consulting myself. t would be gla-:l to aid the' city or the developer in drafting an RFP and .ldvising on submitted ?roposals in order to' facilitate compli~nce. ~ ", (4 ~ ... f t , , I f ! ~ 0 t ~ g 'oi ~I I~~ '.,. d ~ ~1 ~') E r:.. I t ell CO c.> ~c.> ....c.>.... >.... c: .J:l Vi 0 .J:l Vi- < Q.>.!: "- c: > - Q.> , ~ v _ I Cl- = Cl> I(J OCCr- [JtlG .... ~ rI:J. ,., Lr.4 ~ ~ - &. = ~ :. QJ : = ~ = .. = ~ .... rI1 .- ~ '-8 . {J ~ , CD t~ . CD ....r: : 0 . - ~~ . 0- i 0'" cQ.l"Q. t 0- ~ "'eeL '$ '" c: u ~ '" _-6 oS 0- _0 <c ~ I'" c: ;; ~ S! oii' &;-= C/'''' a- c: ~ to'" N ~ ,,0 CJlE '" u ~ ~ ~ "" ft...li.J!>... ~ !!l c <1 '" E .9 '" 1; 0 =g; E~~~]~",~a::~ ~ CJ)~i: ~ .&0 e ::lit Co. '" ,,".:!i "''''::l "" b<'" l}! ~ c:: '" - ...,..,,,,, 'c.s c ~ "" e f; _ 'c 5 Z c u ~t~ ~~~~~s~go~o ~ EE~~ 0 -C > if; ..ac tlQ~ ~ ~ ~ as E ~ E I ~ -C 0 - a::'" W ';I8~ t~..c~",-t;;~-- ","i:::Ec=E => ~ ~ as b ~ ~-;: "0 t' ~ ~ ~ g ] ~ ~.3 >>< ~ 5E5 ~~i=;c~e~t~ 5~~E?~ z ~ci ..=.:z- -::t~a..(,)~o Q.I:c~f5u; 8 ~ ~ 0 =: ~ -g ~ ~ 8 ~ t ~ E .z E ... ~~ ~ -~~ ~~ -~~~_~ ~ o...~... ~Ciif, Er.!.<~~=>.;:_~~ ~[~.:!:~ .&obr~ o.5l&:c", ll_tc. C..ct:.::_c .2 (.) "'C ~ ->> E 5 G.l ~ ~ ~ .! .::; ~-c c bi--- ~~~ ~~=~<~~~~~~ ~~~~~~ Q.lC~ -~]-~~ ~G.lCE~~~~c~c ~z ~~-~>9,IT..c.J:- 8..r'::Eo",~ :~]>.E~5E~~~~~Y~_~~c~E~ 1~~-2t~~z~~-~~.J:~~c~ ~z ~ _t: ..c::-Q.. ,-"Q..=~oEEoLc:,",a.. Q;l:Soo~ 8..0bt_f,> .J:;:U"cEto,cc..:: ..t:mO'".J:.., u;c:- Cl3a.. a:. ll:t::.......c::-' ~E~~~~~~u~~~~l..Ec!~E~~ ~~u~~~~-~O~~ -[~C ~E~ R~~..,~~g~~ ~~~~~~ K~~~E~ -~c~ ~-~E '" "'~b<~ - C ~ E.~ g. =~~~ .z~ ~1..c..9 ..! '-<~ CJ) ..- .c C') i:: = _ c..~c~ ~~ ~~~Ql ~~ 0 ~ ~~~g b...r--' 2::~...c -'- ~....J:.c;. Zr'--= Ocr'" ~EGI~ (0)(0) -....vc[ ~C) ~~g ~>=~ ~-::GJ~-g.f"~~-~ ~~~ ca::t~ ~~~~L~~~=€~ ... ~ =-~-=....c: c:::o.>..=t::g:-I..b.rC) =:]0 p..tl:u - ~ ~1: [r- ~"::c1: g ~ ~-~ 2E~c:::5 t::-~-Ec~~_v= ~E_ u<f-~ ~~o~-c:v~[-~ e- tt" 0 t.. ~ t: CJ c.J: 0 '=:; .:. f::..c -~'" ""'5.:::::- ..c:..c~e ::'= _",a: a:..c..:: ~ c::::~ vct~ ~~..=tc=:'S s:= Q.. .J: ~ C:..c.1: ~ c C"",-=-..x~ ~_ EO] ~~~~O::: ~'=~~~~B~..=.r~~ t-1ce CJ....~..c:::~ zJ:-..c>'-E..E. 1::== c ~ E ~~ CJ:: ~ e - c 0 E ~ t"" .s 1: ;::..s ~ -' "'::J ....J: c c '"E c. ~ ..g ..... )., L.... '-' to, c C - Q,. ~~& ~~c"'C_ C:::~c:~~-5~~~Ec ..cc:;:lV'o~g~~ cn~~t--rr'"Oc;...-=D"O t;E.:Et;=~ ct.. ':~";o.~g;~C:=..E:;:,t ~ls::?c:..=..s-EE C""..o,,: c..~I:'"~4. ~o,..> C = E ~i;~ ~ ~ :; g-5c g~ 5 t ; c ;: ~ c ~ c ~ ~ ~;; '" ~ "C..:::: ~ ~- br'S C L ~ e:: =...1~~~=~~o~~c_~5=~~tE= "t;5'":E =olT-s"E.. ~--= -c....uc=---gEt'"~ ~~J1~ ;;~5 8= ~ ZE.s<~:t - C Q) E c: o "- '> C Q) "- o - 1...5:e: ~-E ~~~ ~~~~~S;~;~ c...,;>~v c:~ c:_ -&--cc _=== ~~~c ~~"'C~~~~~~~~ ~ ='":a.. '::-C:bL..c"'CC-~,", (""v C:[~E ~~~=::J~~;~~.J:.~~~ ~.......~ 2~c~~~~c~~o~vu :g.2J:; i: !::-6~~~ ~=~.g =2 E--cj: ~~tE w~~;~~~~tEtc:~u ~uoc ~~-- ~C~C~("" v ~t~~=~~~~t~=~~~~S~= .5 6f~~!~~.:5~~.J:~ cc1=~ [.; ~-=::; c -- U""C ~ g.~-,.E ~ 1:'""';: E'-c--= E ~f E.~ Z=a ~ ~~ = ~~ ;;.c~ t~"Z ~o~~ v_ ~~-(""- _..._~~ ..c::~u~I~~~~B~~~~~~~E= t-~ C-~C"'~"'~-~C_- ~ ~~ h~~ 2 ~ ~g :~..: E=~tE E 2 ~~~~~~ =c~=~~::~~~~ ~~C~C~U Qv~t _~_Cv= _...$-~ =~-~C~~~V~~=r o t.>_= Co.: ~ ~~.:t~ j'";f~% ~ E ~ ~--g t::J:: .. c.. ~ S ~;:. :::- ::: C ::: : ~ji=l=~~l~~~~~~-~ CJ) Q) "0 as CJ) ::s "- u o '- ~ as I c as N ::s en Cl &J E o () III ~ ~ ~ !i I ~ >., e CD, (j aAOW OllOJi S auoawo' lUamaAOW I' ao 0, aJay JO JapJO UI S(I1< aUla. )0 PUd 1 f SV C.W II1JIYla MaJ U Ol_ a Olli pIm YUU3 JaYlOl\ lJalOJO dla., 0, .aUlYlawo< op UC:> auo ua \3 sJiUlaq ul1wny JO Sil1l1UA aJl JO Sll1aq aYl < II JaYla4^ sa\la waYl JO] :ljl1ad< 1 Ull' Ot;h\ sa\ll I1laJ Jno )0 lfl1 d1a4 Ol paat. a ^\ SAl1" ay< AlqlOlsuodsol pall1Y- II aAllY IfC aM aAaqaq STrnIPUI pt.llli UI pl1Y IOYJllA\ ^PU\- lEt., S 1I1Yl :ljunp l uop I '1 \l^ pappr ay< awu]]o salnUIW 91 a\ll" I11l aN lilY, UO!l1l \la'on , 10" :reh\ ApU\, $Illl1 Ol .aUUJa]ad UO .alffilSll h\ .aUL\lla] pIm 81ylhl aYl lno .aUIUJnl Sll^' ay 'L Sd1nUllli S1 JO] alooad Ulllpul 91 01 pa'llU1 PUI1I; JaY10 ay, UD UU1lBaijluap IsaJd a{doad snoua~ PJI lnoq- MOU:lj Ol pa.UI1N aH 'lI1lJaJ OfJIlH UO!lJlp'unf pup SH)lIJ pTrn{ lnoqll aw 0, pa:ljlu, aH apl\ ppON luawa \OW ,SSOJJ uaa.I1i E O[.JVH umolfS uvznS- " 'suuwnq .10 sayuqA\ ... s.luaq aql S,n JaqlaqA\ saAlaswaql .I0J }[uads tuua oqA\ saAIlula.l .Ino JO uu dlaq 01 paau aM " JO] paaJ at. Ie a\lOO P"f?" Jt;~ J"'L ITl 0 PL. L J l- J301.d1 ~d '\ .... d~ rl,h..t:; It.. JnG Al.....1l....1 ~l 11'['... Z'..lllaaL.... l3Jfll.d...... l - rr p., lUn;:: Jv J,:l.....J:.c:t.... co l....aWUOJ \u: our W..... .... O3l.{.. 0 O3lt'B13lor. r ~f '\ 0"'" pal1~\ or J'C I"'l J'EcI C;.... ..d s1iUl~C ur..um, lJc ' - SJa'\iO ~''''''.l..TtJ aJo....... n j OIJO\ l..reuc ..jJJf1 0-10__ t ~ Ja1,eQ r aq P no, 1 PU' \lUU aJ-tI'\ oJd..,) II or a p r- ~ PIJOh 03'-1 L JCI\\Ol.. IP""J .lrF~ ~'s0u.. a, ^\<;l"; nu I La.... L- J'E:: P J(J \lnBau a'i.1 a), 1 lJUn;;lp eJr ~ ~ lCY 1JI:, a" 1daJJr UI:" .a_ ~ azluaBOwu.... 0.1 lUBV. OJ \.J.1ur"" a~ JOj (Jl.lapLl? p ~ d.Ja... 1 n... 1JaOsa. PUI: d\OI lnoor 101 r" - Clh, aJoH SDOt' au \J~ ii) 1 ICJn{c 1))0 UOIlO" at; Uc> <-0, pI. lOG EUI1Iaw ay 10 1daJt.CiJ a-l ur aJOlli uaao SIlt. sa1'C1C; pa1lU 1 ay, U S1suyowa ay :ljJ'", { Sl11""'... l'Cunq ImIPU, 1:>a10Jd 01 Alqwas<1 ay aJOI",! ]]1q U S aJa4.J. SJa(lO ja\a(J \0 dn E"lp EUlaa aJE Sa\I, ll{aJ Jno a1B1' ay 1nOYEnOJY' ,nil S\B" a-l' wa{qoJd U'ClpJ] OU salay, :ljUlY1 aldoad I1IU JO]1jB:) \ut.n, U aJat. uaA3 saSUJ Sillua -ql] r \I' lunp1\1PU pUT: wowaJ, snolllqal )0 UOIOWE"J 13 uaaq <t1t. ay' JaaJuJ Ja~ lnoYEnOJYl slaEpnq UIlIPUJ {EJapa, WOJ) J'Cal YJlla - SJ'CllOP uOlj]1q 1 JO - pJlYhlUO lnJ 01 Sllla >.1' Ja\o SlJO))a s UO!l'CJlSIUIWP'C ay' P~ lBalap lum a \lJp SlOOJSSU.l1' U pal ay~ CJa uUEpad ay 1lUlJna UOIlUZIUEZJO Il1qlJ, {UUOIl?U lsaJlJUI pUU lsaplo ay SU1)[PUI ~ :>IV'<OOl.:J JuaUIUO.IIAua aql aABS OJ ~U!pBsn.lJ /: II 'Last Rites for Indian Dead t l " ~ Treating Remains Like Artifacts Is Intolerable ~ "t, :. SUZAN SHOWN HARJO hIstoncal soclltI~s and pnvate col- human remams ~ way Wlthout.:l. lectIons The IndIan people are the full consent of relatIves must be, \ further dehumamzed by beIng ex- questIoned t . htblted alongmde the mastodons Some rebef for IndIan people has "r and dmosaurs and other extInct come on the state level Almost half T creatures of the states, mcludmg Cabforma" ). Where we have buned our dead have passed laws protectIng IndIan '>< m peace, more often than not the burtal SItes and restnctmg the sale 'r. 0 SItes have been desecrated For of Inchan bones, bunal offenngsJ' (l more than 200 years, rehc-huntIng and other sacred Items Rep:, I has been a popular purswt Lately, Charles E Bennett (D-Fla) and a the market m IndIan artIfacts has Sen John McCaIn (R-Anz ) have brought thIs abhorrent actIVIty to a Introduced bills that are a good fever pItch m some areas I And start m mvokIng the federal gov- when scavengers come upon IndIan ernment's protectIon However, no f. burtal SItes, everythmg found be- legISlatIon has attacked the prob- comes fall' game, Includmg sacred lem head-on by Imposmg stIff. bunal offenngs, teeth and skeletal penaltIes at the marketplace, or by remams changmg laws that make dead One unusually well-pubbctzed IndIans the natIon's property example of IndIan grave desecra- Some UnIVersItIes-notably tIon occurred two years ago m a Stanford, Nebraska, Mmnesota and western Kentucky fIeld known as Seattle-have returned, or agreed Slack Farm, the SIte of an IndIan to return, IndIan human remams, It village Dve centunes ago Ten 18 fIttIng that mstItutIons of lugher l- men-one WIth a busmess card educatIon should lead the way statIng "Have Shovel, Will Trav- Congress 18 now decl(hng what to el" -patd the landowner $10,000 to do WIth the government's exten- 1 lease dIggIng nghts between plant- Slve collecuon of IndIan human ~. ~ Ing seasons They dug exteDBlvely rematns and assOCIated funerary on the 4O-acre farm, rummagmg objects The secretary of the through an estunated 650 graves, Snuthsoman, Robert McC Adams, -, " collectIng bunal goods, tools and has been vahantly attemptIng to ceremomalltems Skeletons were apply modem ethtcs to yesterday's " strewn about hke htter excesses Th18 week, he announced What motIvates people to do that the Snuthsoman would con- somethmg hke thIS? FInancIal gaIn duct an mventory and return all IS the fIrst answer IndIan rehc-col- IndIan skeletal rematns that could lectIng has become a multmullion- be Identlfted WIth specUIC tnbes or dollar Industry The pnce tag on a bVlng kID bead necklace can eastly top $1,000, But there remaIns a reluctance ' rare pIeces fetch tens of thousands generally among collectors of IndI- And It 18 not JUSt collectors of the an remams to take actIon of a scope macabre who pay for skeletal re- that would have a quantItatIve mams ScIentIsts say that these Impact and a heahng quahty If deceased IndIans are needed for they will not act on theIr own-and research that someday could bene- It 18 htghly unhkely that they - fIt the health and welfare of bvmg will-then Congress must act : IndIans But Just how many dead The country must recogrnze that. IndIans must they examme? Nme- the bodIes of dead Amencan IndIan teen thousand? people are not art1facts to be There 18 doubt as to whether bought and sold as collectors's permanent curatIon of our dead Items It 18 not appropnate to store really benefIts IndIans Dr Emery tens of thousands of our ancestors A Johnson, former asSlStant Sur- for poSSIble future research They ~ geon General, recently observed, "I are our farmly They deserve to be' i am not aware of any current returned to theIr sacred bunal medIcal dIagnostIc or treatment grounds and gIven a chance to rest procedure that has been denved The plunder of our people's from research on such skeletal graves has gone on too long Let remams Nor am I aware of any us rebury our dead and remove durmg the 34 years that I have thIs shameful past from Amenca's been mvolved m Amencan IndIan future health care " IndIan remams are stIll bemg collected for racIal blologtcal stud- Ies Whtle the IntentIons may be honorable, the ethICS of usmg What t! museums, umvemues and government agencIes could put your dead relatIves on dIsplay or keep them m boxes to be cut up and otherwISe studIed? What t! you bebeved that the spmts of the dead could not rest untIl theIr human l rematDB were placed m a sacred area? The ordInary Amencan would say there ought to be a law-and there 18, for ordInary Amencans The problem for Amencan IndIans 18 that there are too many laws of the kmd that make us the archeo- logIcal property of the UDlted Ststes and too few of the kInd that protect us from such InSults , Some of my own Cheyenne rela- tIves' skulls are m the Snuthsoman Inst1tutIon today, along WIth those I of at least 4,500 other IndIan people who were VIOlated In the 1800s by the U S Army for an "IndIan Crama Study" It wasn't enough that these unarmed Cheyenne peo- ple were mowt;d down by the caYalry at the mfamous Sand Creek ~cre, many were decapItated theIr heads shtpped to Wash- m n as freIght (The Army Med- Ical Museum's collectIon 18 now m the Snuthsoman ) Some had been exhumed only hours after bemg buned Imagme theIr gnevmg fam- wes' reactIon on fmdIng theIr loved ones d181nterred and headless Some targets of the Army's study were killed m noncombat situatIons and beheaded 1lIlll1edI- ately The offIcer's account of the decapItatIon of the Apache cruef Mangas Coloradas m 1863 shows the pseudOSCIentIfIc nature of the exercISe "I weIghed the bram and I"'casured the skull," the good doctor wrote, "and found that whtle the skull was smaller, the bram was larger than that of Damel Webster" These journal accounts ext8t m excruciatIng detatl, yet nussmg are any records of overall comparISOns, conclUSIOns or fmal reports of the Army study Smce It 18 unhke the Army not to leave a paper tratl, one must wonder about the mouve for Its collecuon. The total IndIan body count m .snuthsoman collectIon 18 more 19,000, and It 18 not the largest . iJ1e country It 18 not mconcelva- ble that the 1 5 milllon of us hvmg today are outnumbered by our dead stored m museums, educatIonal institUtiOns, federal aKencles. state ~- . .. ~ ,1 ,It of - ..,. ~4lI '1 ( SU.2Un Shown Haf"JO, who 18 Chey-' enne and Creek, 18 e:recut~ve d~rector.. 1 of the Natwnal Congress of Amen- canlndums,basedm Washmgton" ~,