Loading...
HomeMy WebLinkAboutAAC Min 1996-02-07 CITY OF SEAL BEACH '-' ARCHAEOWGICAL ADVISORY COMMITTEE MEETING MINUTES FEBRUARY 7, 1996 I. CALL TO ORDER Chairperson Frietze called the meeting to order at 5 :07 P.M. ll. ROLL CALL Present: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey (5: 10 PM), Yearn and Chairperson Frietze Absent: Staff Present: Member Unatin Lee Whittenberg, Development Services Director Mr. Whittenberg indicated that he had not heard from Member Unatin or Willey, and perhaps they are delayed by traffic. ~ ill. APPROVAL OF AGENDA Chairperson Frietze said this was the time for any member of the Committee, staff or public to rearrange the order of the agenda, or request items to be removed from the Consent Calendar for separate discussion. Member Hahn requested Item VI-6, Review and Consideration of Final Remedial Investigation Report for Operable Units 1, 2, and 3 (Site 1), Seal Beach Naval Weapons Station be continued to the next regular meeting of April 3, 1996. MOTION by Yearn; SECOND by Price to continue Item VI-6 to the next regular meeting of April 3, 1996 and approve the remainder of the Agenda as presented. MOTION CARRIED: 8-0-2 AYES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Yearn, and Vice-Chairperson Frietze NOES: None ABSENT: Unatin and Willey '-" D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 '-'" Archaeological Advisory Committee Minutes February 7, 1996 IV. ORAL COMMUNICATIONS Chairperson Frietze asked for oral communications from the audience. There were none. V. CONSENT CALENDAR - No Items VI. SCHEDULED MATTERS 1. APPROVAL OF MINUTES: January 17, 1996 Recommendation: Approve Minutes with any corrections appropriate. Chairperson Frietze asked if there were any corrections to the Minutes of January 17, 1996. There were none. MOTION by Benjamin; SECOND by Goldberg to approve the Archaeological Advisory Committee minutes of January 17, 1996 as presented. '-' MOTION CARRIED: 7-0-1-2 A YES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, and Yearn NOES: None ABSENT: Unatin and Willey ABSTAIN: Chairperson Frietze 2. REVIEW AND CONSIDERATION OF PROPOSED HELLMAN PROPERTY ARCHAEOLOGICAL INVESTIGATION (Continued from December 6, 1995 and January 17, 1996) A. Proposed "Scope of Work" B. Proposed" Agreement for Archaeological Investigation Services" Recommendation: Review and consider subject report documents. Instruct Chairperson to sign proposed response memorandum to City Council, with modifications if deemed appropriate. \.... D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 2 '-'- Archaeological Advisory Committee Minutes February 7, 1996 Member Willey arrived at 5:10 P.M. Mr. Whittenberg reviewed the staff report, indicating the redlinel strikeout version of the Scope of Work reflects Dr. Stickel's proposed modifications based on his professional experience. The document is presented for the review and hopeful concurrence of the Committee. Dr. Stickel is available to respond to questions and concerns, and hopefully the Committee can take an action to approve the Scope of Work and forward to the City Council for consideration to allow the process to proceed. If the Committee is not able to come a decision this evening, the matter should be considered to February 21 due to staff time constraints in March. Member Goldberg inquired as to the comment from Dr. Stickel as indicated on page 16 regarding "mutually agreed upon changes to the Scope of Work". Dr. Stickel indicated the comment relates to the overall scope of changes, and those are clearly set forth in the redlined/strikeout version. This comment can be deleted. '--' Member Fitzpatrick asked for clarification as to the meaning of "most timely manner possible"? Dr. Stickel responded that weather, acts of god, and the amount of cultural artifacts encountered could have an impact on the time schedule. Member Fitzpatrick inquired as to Dr. Stickel's time commitments to other projects, with Dr. Stickel indicating he has two other projects underway, but that his time schedule will allow his presence every day on the site during the site survey and test phase. It is not necessary to be present all day during test phase excavations, as qualified field staff will be present. He will devote significant amounts of time to this project, as it is a major project. Mr. Whittenberg introduced Dave Bartlett, representing the property owner, Hellman Properties, to the Committee, indicating if he has comments representing the property owner, it would be appropriate to allow Mr. Bartlett to address those concerns to the Committee. In response to a question of the Committee, Dr. Stickel indicated James Flaherty will be the field supervisor on this project. Member Hahn indicated on page 14, Section 8, she would prefer to have the Committee be invited to the review conferences between Dr. Stickel and Mr. Whittenberg to review "draft documents", indicating she would be particularly interested in attending those meetings. Dr. Stickel indicated that is not a problem, the better the information flow, the better the project will run. Mr. Whittenberg inquired if a sub-committee would be sufficient, indicating if a quorum of the Committee meets with Dr. Stickel and him to review draft documents, that has to be a regular meeting of the Committee. The current language breaks the review of documents into two separate phases, the first phase being similar to the staff review of a "screencheck" environmental document, where the accuracy and presentation of information is ensured prior to public release for the entire '-" D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 3 ~ Archaeological Advisory Committee Minutes February 7, 1996 committee to review the same document at a public meeting. The Committee will still review the documents in a draft form. Member Hahn asked if this could be worked into the regular meetings, so everyone could be invited. Mr. Whittenberg indicated that with the Committee meeting every other month, this could result in an up to six week time period for this initial review to take place, and then another 2 months for the formal full Committee review, which seems to be a very lengthy time period. Member Yearn suggested two to three members could meet to review the initial draft document, with Mr. Whittenberg indicating that is what the sub-committee could do, and suggested changing the language of Section VITI, page 14, to reflect that. Member Hahn indicated she could support that and would desire to serve on the sub-committee. In response to a question for Chairperson Frietze, Mr. Whittenberg indicated staff would prepare minutes of the sub-committee meeting, and present those along with the draft reports for consideration and review by the entire Committee. Member Goldberg suggested that alternates be appointed also, in case a sub-committee member could not attend. Mr. Bartlett also inquired if he could attend those meetings, as it is not specified in the scope of work? MOTION by Yearn; SECOND by Willey to establish a sub-committee of three members and two alternates and the representative of the property owner to meet with Dr. Stickel and Mr. Whittenberg for the review of initial draft documents. '-' MOTION CARRIED: 9-0-1 A YES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey, Yearn, and Chairperson Frietze NOES: None ABSENT: Unatin After discussion among the Committee, the following appointments to the sub-committee were .determined: Sub-Committee: Alternates: Members Hahn, Price, and Willey Members Fitzpatrick and Goldberg Member Fitzpatrick inquired what authority the sub-committee will have, he would prefer the sub-committee to make decisions in order to save time and expedite the project. Mr. Whittenberg clarified the sub-committee will only be reviewing draft documents prepared by Dr. Stickel, and those document require review and approval by both the full Committee and the City Council, in accordance with the provisions of the Archaeological \...- D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 4 \....- Archaeological Advisory Committee Minutes February 7, 1996 Element of the General Plan. Those requirements cannot be modified. Mr. Whittenberg indicated he would see the purpose of the sub-committee review as one of focusing issues for the full Committee, allowing for a clearer and more rapid review by the full Committee. In answer to a question from Member Goldberg, Mr. Whittenberg indicated the sub-committee could instruct him to call a special meeting, which he can do with the concurrence of the Chairperson. In answer to a question from Member Hahn, Mr. Whittenberg indicated he can provide a redlined/strikeout versions of initial draft document from the sub-committee review to the full Committee for its consideration when it is reviewing a particular report document. MOTION by Yearn; SECOND by Goldberg to establish a sub-committee of three members and two alternates comprised of the following members: Sub-Committee: Alternates: Members Hahn, Price, and Willey Members Fitzpatrick and Goldberg MOTION CARRIED: 9-0-1 A YES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey, Yearn, and Chairperson Frietze '-" NOES: None ABSENT: Unatin Member Fitzpatrick asked what is meant by probability sampling as addressed on page II? Dr. Stickel indicated a random sampling method is used whereby the entire site is gridded off, and test areas are then randomly selected based on professional judgement. This method allows for estimates to made with major degrees of precision. It is the most effective method of digging the site. Member Fitzpatrick inquired if the sampling method would take into account the presence of the stream and focus on the higher ground areas? Dr. Stickel indicated a find due to being washed into a stream bed is unusual, but the probability survey will focus on those sites identified during the walkover survey. In response to a question, Dr. Stickel indicated there are many disturbance factors visible on the property, and those and the previous site excavations will be considered in the design of the test phase step. Mr. Whittenberg indicated if the Committee is completed with this item, it would be appropriate to instruct the Chairperson to sign the proposed response memorandum to City Council, with those modifications previously acted upon. \....- D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 5 '-" Archaeological Advisory Committee Minutes February 7, 1996 Mr. Bartlett indicated he has several items needing clarification. He would hope the research design document will follow the Section 106 process of the Army Corps of Engineers, and can that be included in the Scope of Work? Dr. Stickel indicated it will comply with CEQA, and he would like to review the Army Corps guidelines to ensure the scope of work does not require additional amendments. Mr. Bartlett indicated the previous research design was approved by the Corps since it was anticipated a Section 106 permit would be necessary. This could be set forth in the scope and then the Research Design document could more fully explore those requirements. Mr. Bartlett asked if this could be included under Section II, page 6? It was the consensus of the Committee to revise the language as requested. In addition, Mr. Bartlett indicated his previous letter to the Committee asked that a CEQA significance evaluation, in addition to the National Register evaluation, be included in the scope of work, and can this be combined with the Section 106 evaluation? Member Willey asked if the Section 106 guidelines is available? Mr. Bartlett indicated the Army Corps archaeologist could provide that information. ~ Mr. Bartlett further indicated Hellman Properties is now leasing the State Lands Property at First and Pacific Coast Highway, and would wish to have the scope of work include that approximately 3.2 acre site also. Dr. Stickel indicated it can be included for the same price as previously quoted for the Hellman Property site. Mr. Whittenberg indicated the scope of work would be revised to include the State Lands Property. Mr. Bartlett indicated he had asked for some changes to Section V, Property Owner Duties, requesting new language for the second sentence of the first paragraph and an additional paragraph, in accordance with their letter of January 16. Those proposed changes are as follows: . change to second sentence of first paragraph of Section V, Property Owner Duties to read: "Hellman Properties, shall to the best of its ability, schedule meetings with and make available its employees and other relevant information to Contractor regarding the history of the property, maps and photographs of the property, location of physical features, coordination of utility hookups, as may be necessary, and other information determined necessary by Contractor to perform the services." . Add a final paragraph to Section V, Property Owner Duties to read: ~ D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 6 ~ Archaeological Advisory Committee Minutes February 7, 1996 "Contractor accepts the condition of the property in an "as is" condition and assumes all risks in connection with the performance of the services described in the scope-of-work. Any equipment left on the site will be left at Contractors own risk. Contractor and City acknowledge and agree that Hellman Properties shall have no responsibility or liability under any circumstances for the condition of the property or for any injuries to persons or property that may occur in the performance of the services. " Dr. Stickel indicated there is currently a problem with the standard liability insurance requirements of the City, and this would require additional review. After discussion among the Committee, Dr. Stickel and Mr. Bartlett, Mr. Bartlett indicated he has the same coverage and can provide a broker for Dr. Stickel's information. In response to a question from Member Goldberg, Mr. Whittenberg indicated the insurance requirements of the agreement between the City and Dr. Stickel is an issue for the City Council, not the Committee. The concerns regarding liability of being on the property are issues of the scope of work document. The insurance issues are not part of the scope of work. Mr. Bartlett indicated Hellman Properties perform 24-hour security on the property, but there are no guarantees. During the test phases, Dr. Stickel would propose to locate a work trailer on the site for equipment storage, record keeping, and security purposes. Mr. Bartlett saw no problem, if the insurance can be worked out. ........ Mr. Whittenberg indicated it was his understanding that the first change is an acceptable change, while the second change will require further analysis, and could be addressed as an amendment at the time of entering into additional agreements for the test phase analysis regarding use of trailer, security, etc. Mr. Bartlett asked for clarification regarding collection of artifacts. Dr. Stickel indicated this will occur in accordance with current professional practice, and ultimately a curation agreement. Mr. Bartlett asked for clarification regarding confidentiality of the final report. Mr. Whittenberg indicated general practice is to prepare a summary report, available to the public, which does not include any confidential information. In addition, a separate confidential document is also prepared which specifies the actual locations where the various cultural resources were found. Mr. Bartlett indicated the other changes are very good. In addition, Hellman Properties has been able to obtain several written documents regarding their earlier work which will be made available to Dr. Stickel at the appropriate time, and that some artifacts, which were at Chapman University have now been returned to Hellman Properties. There have been no human remains found to his knowledge. Some of the artifacts were found by LSA, and some have been returned by previous farmers. At this time it appears the 900 bags no longer exist. '-" D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 7 '-" Archaeological Advisory Committee Minutes February 7, 1996 [Secretary's Note: Tape recording does not continue, remainder of minutes prepared from notes and memory] MOTION by Yearn; SECOND by Fitzpatrick to approve the "Scope of Work" in accordance with the previously approved motions and the following amendments: · Section IT, General Requirements - each site to be evaluated for CEQA significance and Army Corps of Engineers Section 106 requirements. · Section 11.1, Location of Work - include State Lands Property into area of investigation. · Section V, Property Owner Duties - Change second sentence of first paragraph as proposed by Mr. Bartlett. · Section VIII, Review Conference - amend language in accordance with previous motions of the Committee. · Concur with all remaining redline language insertions and proposed language strikeouts. .~ MOTION CARRIED: 9-0-1 AYES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey, Yeam, and Chairperson Frietze NOES: None ABSENT: Unatin Mr. Whittenberg thanked Dr. Stickel for his time and efforts on this matter, and indicated this matter will forwarded to the City Council for consideration when the Agreement for Services between Dr. Stickel and the City has been finalized, hopefully on February 26. 3. REVIEW OF PROVISIONS OF RESOLUTION NO. 4254 re: ABSENCE OF COMMITTEE MEMBERS (Continued from January 17, 1996) Recommendation: Review and consider provisions relating to absences of Committee members. Instruct Staff to prepare any further amendments regarding '-" D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 8 '-" Archaeological Advisory Committee Minutes February 7, 1996 absences for consideration of Committee on April 3, 1996, or receive and file staff report. MOTION by Yearn; SECOND by Goldberg to continue this matter to the regular meeting of April 3, 1996 MOTION CARRIED: 9-0-1 AYES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey , Yearn, and Chairperson Frietze NOES: None ABSENT: Unatin 4. REVIEW and CONSIDERATION OF "PROPOSED RESEARCH DESIGN FOR TESTING AND NATIONAL REGISTER EVALUATION FOR ARCHAEOLOGICAL SITE CA-ORA-322/1119, NAVAL WEAPONS STATION, SEAL BEACH, CALIFORNIA", prepared by Ogden Environmental and Energy Services, Inc., January, 1996 '-" Recommendation: Review and consider subject report. Instruct Chairman to sign proposed response letter with any amendments determined appropriate, or instruct staff to finalize a revised draft response letter for consideration on February 21, 1996, or continue to February 21, 1996, for further review and consideration. Mr. Whittenberg reviewed the staff report, indicating that Usa Bosalet of the Navy and their consultant on this project, Joyce Clevenger of Ogden Environmental, are both present and available to respond to the issues raised in the draft response letter and to any additional concerns members of the Committee may have. Ms. Clevenger introduced herself to the Committee, indicating she will be the primary researcher for the project, and reviewed in detail the past history of the sites involved and.. the previous research done by her firm as part of their earlier involvement with the site. What is proposed at this time is a very detailed analysis of the entire area of consideration to determine its eligibility for the National Register of Historic Places. Ms. Clevenger then revi~wed the concerns as set forth in Attachment A of the proposed response letter from the Committee: ~ D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 9 "-" '-' '-' Archaeological Advisory Committee Minutes February 7, 1996 1) Number of STP's and test units should be set forth in Research Design document - The research design will be revised to include this information. . The number of STP's and test units should not be restricted - Lisa Bosalet and Ms. Clevenger both indicated that the contract with the Navy is a fixed price contract, and therefore, must include a fixed number. It was indicated by Mrs. Bosalet that if substantial cultural resources are located, an amendment to the contract would be required to add additional STP's and test units. The Committee expressed concern that the site and/or sites be as thoroughly investigated as possible. . Area of investigation is unclear - the 525 acres referred to in the research design is a larger area than comprises Site 322/1119. A graphic representation of the investigation area will be provided as part of the revised Research Design document. 2) Previous research designs (Mason and LSA) should be referenced and utilized where appropriate - This can be done and will be reflected in the revised research design. Can the city provide a copy of the LSA research design? The City will provide a copy to Ms. Clevenger. 3) Typographical errors should be corrected - They will be corrected, and there are only four areas of concern. 4) Incomplete sentence needs revision - Will be corrected. . No testing of a "null hypothesis" as discussed in SHPO "Research Design Guidelines" - A null hypothesis will be formulated and tested. 5) What are "professional standards H for the Sampling Strategy - Comments similar to those of Dr. Stickel above, who was Ms. Clevenger's professor at UCLA. She addressed in more detail the methodology proposed to be utilized, further indicating they will not be testing in areas previously investigated. The number of STP's and test units, taken in conjunction with the earlier evaluation, will provide a significant information base for the determinations to be made as required by the research design. 6) Staffing Needs and Qualifications should be provided - This will be provided. Discussion continued between the Committee and Mrs. Bosalet and Ms. Clevenger regarding the submission of the revised research design document to both the Committee D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 10 '-' Archaeological Advisory Committee Minutes February 7, 1996 and to SHPO. Mrs. Bosalet indicated the document would not be re-submitted to SHPO, as the changes discussed to this point are not substantive and the additional review time would delay the project initiation past its intended starting date. The Committee expressed frustration that the comments and concerns of the Committee seem to be too late in the process to be effective, and wished there could be an early review by the Committee of such documents prior to the formal submission to SHPO. Mrs. Bosalet indicated this is the process which the Navy follows and which is also followed by the City in the review of environmental documents, when the document is ready, it is sent out to all reviewing parti~s. The Committee then discussed the relationship between the Navy and the City, indicating there is no requirement to present this type of document to the City, but a cooperative process allows it to occur. The Committee wishes to continue this process. '-' Member Hahn indicated she has not been able to review the document in any detail, and requested the Committee continue this matter. Mr. Whittenberg indicated the document was sent to SHPO on January 23, and SHPO normally takes 30 days to review such a request. A continuance by the Committee could result in any formal comments to SHPO being received after they have reached their decision, and not be beneficial to SHPO. After discussion among the Committee, it was determined that it would be appropriate for any members of the Committee who desired, to forward additional comments to SHPO, with a copy to be provided to the Committee. After further discussion among the Committee, it was determined to forward the proposed comment letter and Attachment A to SHPO with an indication that SHPO may receive additional comments from members of the Committee. MOTION by Yearn; SECOND by Goldberg to authorize the Chairman to sign proposed response letter, with staff to provide additional language to the effect that SHPO may receive additional comments from members of the Committee, due to the short time period for review by the Committee. MOTION CARRIED: 9-0-1 AYES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey, Yearn, and Chairperson Frietze NOES: None ABSENT: Unatin ~ D:\WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 11 '-" ~ '-" Archaeological Advisory Committee Minutes February 7, 1996 5. REVIEW and CONSIDERATION OF PROPOSED BUILDING 33 REPAIRS, SEAL BEACH NAVAL WEAPONS STATION Reenmmendation: Review and consider subject report. Instruct Chairman to sign proposed response letter with any amendments determined appropriate, or instruct staff to finalize a revised draft response letter for consideration on February 21, 1996, or continue to February 21, 1996, for further review and consideration. MOTION by Yearn; SECOND by Goldberg to continue this matter to the regular meeting of April 3, 1996 MOTION CARRIED: 9-0-1 AYES: Members Benjamin, Fitzpatrick, Goldberg, Hahn, Johnston, Price, Willey , Yearn, and Chairperson Frietze NOES: None' ABSENT: Unatin VD. COMMITTEE CONCERNS None Vill. STAFF CONCERNS None IX. ADJOURNMENT MOTION by Price; SECOND by Willey to adjourn the meeting at 6:31 p.m. to Wednesday, April 3, 1996, 5:00 p.m. at the City Hall Council Chambers. Vice-Chairperson, Archaeological A D: \WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 12 '-' Archaeological Advisory Committee Minutes February 7, 1996 dft tJ~ Whittenberg, Secretary Archaeological AdVIsory Committee Note: These Minutes are tentative until approved by the Archaeological Advisory Committee. The Archaeological Advisory Committee Minutes of February 7, 1996 were approved on M~ 8 , 1996. '-'" ~ D: \WP51 \ARCHCOMM\02-07-96.MlN\LW\02-14-96 13