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Home My WebLink AboutAAC Min 1998-05-06 NOTICE OF SPECIAL MEETING ~ ~ ~ ~ I.I/:l. 3/9 f ~ Bruce Fitzpatrick, 4401 Q ..dleberry, Seal Beach Joan Ellen Goldberg, 285 C'ipper Way, Seal Beach Sonia Johnston, 8142 Major Circle, # B, Huntington Beach, 92647 Lorraine Willey, 13621 St. Andrews Drive, # 151L, Seal Beach Barbara Young, 249 5th Street, Seal Beach e NOTICE IS HEREBY GIVEN that Lee Whittenberg, Secretary of the Archaeological Advisory Committee, in accordance with the provisions of City Council Resolution No. 4351 and direction of the Archaeological Advisory Committee, does hereby call and give notice of a special meeting or the Seal Beach Archaeological Advisory Committee to be convened at 5:30 P.M. on Wednesday, May 6, 1998 in the City Council Chambers, 211 8th Street, Seal Beach, California for the purpose of meeting in public session to consider the following matters: CONSENT CALENDAR: 1. APPROVAL OF MINUTES: REGULAR MEETING OF APRIL 8, 1998 Recommendation: Approve Minutes with any correction appropriate 2. RECEIVE and FILE - City Council Comment Letter of March 9, 1998 re: Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action for Installation Restoration Site 8 - Battery Shop Drainage from Building 235 - Seal Beach Weapons Support Facility Recommendation: Receive and File comment letter 3. RECEIVE and FILE - City Council Comment Letter of March 25, 1998 re: Draft Project Action Work Plan, Soil Remediation Project - Installation Restoration Site 8 - Battery Shop Drainage from Building 235 - Seal Beach Weapons Support Facility Recommendation: Receive and File comment letter e C:\My DoculDClltS\AR.CHCOMM\Special Meeting Notice ".doc\LW\04-23-98 e e e Notice of Special Meeting of Archaeological Advisory Commiltee on May 6, 1998 Notice Dale: April 23, 1998 4. RECEIVE and PILE - City Cou~.;il Comment Letter of April 13, 1998 re: Draft Project Work Plan, Soil Remediation Project - Installation Restoration Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach Recommendation: Receive and File comment letter 5. RECEIVE and PILE - City Council Staff Report of April 13, 1998 re: City Response Letter re: "T)raft Project Work Plan, Non-Time Critical Soil Remediation Project for Installation Restoration Program Site 8 - Battery Shop Drainage from Building :l35, Weapons Support Facility, Seal Beach Recommendation: Receive and File subject report 6. RECEIVE and FILE - City Council Staff Report of April 13, 1998 re: City Response Letter re: "Draft Project Work Plan, Non-Time Critical Soil Remediation Project for Installation Restoration Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach Recommendation: Receive and File subject report 7. RECEIVE and FILE - City Council Staff Report of April 13, 1998 re: Final Action Memorandum and Responses to City Comment Letter re: Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action for Installation Restoration Program Site 8 - Battery Shop Drainage from Building 235, Weapons Support Facility, Seal Beach Recommendation: Receive and File subject report SCHEDULED MATTERS: 8. REVIEW of Bixby Old Ranch Towne Center Draft EIR - Section V-N - Cultural Resources Recommendation: Review and provide comments to the City regarding the adequacy of the information provided, proposed mitigation measures, and the proposed mitigation monitoring program for the Bixby old Ranch Towne Center DEIR regarding "Cultural Resource" issues. Special Meeling Notice 4.doc 2 e No&e of Special Meeting of Archaeological Advisory Commiltee on May 6, 1998 No&e Dale: April 23, 1998 DATED THIS 23rd day of April, 1998 A/~ ~ . ~ ~ttenberg Director of Development Services Secretary to the Archaeological Advis~ry Committee .e e Special Meeling Notice 4.doc 3 . CITY OF SEAL BEACH ARCHAEOLOGICAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES MAY 6, 1998 CALL TO ORDER Vice-Chairperson Fitzpatrick called the meeting to order at 5:33 P.M. in the City Council Chambers ROLL CALL Present: Also Present: . Absent: Goldberg, Willey, Young, and Vice-Chairperson Fitzpatrick Lee Whittenberg, Director of Development Services Chairperson Johnston Mr. Whittenberg indicated Chairperson Johnston had called and would not be present due to work scheduling. MOTION by Willey; SECOND by Goldberg to excuse the absence of Chairperson Johnston. MOTION CARRIED: A YES: NOES: ABSENT: 4-0-1 Goldberg, Willey, Young, and Vice-Chairperson Fitzpatrick None Chairperson Johnston APPROVAL OF AGENDA MOTION by Goldberg; SECOND by Young to remove Item 1, Approval of Minutes, from the Consent Calendar, and approve the Agenda as revised. MOTION CARRIED: 4-0-1 . AYES: NOES: Goldberg, Willey, Young, and Vice-Chairperson Fitzpatrick None C:\My Documents\ARCHCOMM\OS-06-98 Minutes.doc\LW\OS-12-98 ArchaeologIcal AdvIsory Committee Adjourned Meeting Minutes May 6, 1998 . ABSENT: Chairperson Johnston ORAL COMMUNICATIONS - None ITEM REMOVED FROM CONSENT CALENDAR 1. APPROVAL OF MINUTES: REGULAR MEErING OF APRIL 8, 1998 Recommendation: Approve Minutes with any correction appropriate MOTION by Young; SECOND by Willey to approve the Minutes of April 8, 1998, as presented. MOTION CARRIED: 2-0-1-2 AYES: NOES: ABSENT: ABSTAIN: Willey and Young None Chairperson Johnston Fitzpatrick and Goldberg . CONSENT CALENDAR 2. RECEIVE and FILE - City Council Comment Letter of March 9, 1998 re: Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action for Installation Restoration Site 8 - Battery Shop Drainage from Building 235 - Seal Beach Weapons Support Facility Recommendation: Receive and File comment letter 3. RECEIVE and FILE - City Council Comment Letter of March 25, 1998 re: Draft Project Action Work Plan, Soil Remediation Project - Installation Restoration Site 8 - Battery Shop Drainage from Building 235 - Seal Beach Weapons Support Facility Recommendation: Receive and File comment letter 4. RECEIVE and FILE - City Council Comment Letter of April 13, 1998 re: Draft Project Work Plan, Soil Remediation Project - Installation Restoration Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach Recommendation: Receive and File comment letter . 05-06-98 Minutes doc 2 . Archaeological Advisory Committee Adjourned Meebng Mmutes May 6, 1998 5. RECEIVE and FILE - City Council Staff Report of April 13, 1998 re: City Response Letter re: "Draft Project Work Plan, Non-Time Critical Soil Remediation Project for Installation Restoration Program Site 8 - Battery Shop Drainage from Building 235, Weapons Support Facility, Seal Beach Recommendation: Receive and File subject report 6. RECEIVE and FILE - City Council Staff Report of April 13, 1998 re: City Response Letter re: "Draft Project Work Plan, Non-Time Critical Soil Remediation Project for Installation Restoration Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach Recommendation: Receive and File subject report 7. RECEIVE and FILE - City Council Staff Report of April 13, 1998 re: Final Action Memorandum and Responses to City Comment Letter re: Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action for Installation Restoration Program Site 8 - Battery Shop Drainage from Building 235, Weapons Support Facility, Seal Beach . Recommendation: Receive and File subject report MOTION by Goldberg; SECOND by Young to approve the Consent Calendar, items 2 through 7. MOTION CARRIED: 4-0-1 A YES: NOES: ABSENT: Goldberg, Willey, Young, and Vice-Chairperson Fitzpatrick None Chairperson Johnston SCHEDULED MATIERS 8. REVIEW of Bixby Old Ranch Towne Center Draft EIR - Section V-N - Cultural Resources Recommendation: Review and provide comments to the City regarding the adequacy of the information provided, proposed mitigation measures, and the proposed mitigation monitoring program for the Bixby Old Ranch Towne Center DEIR regarding "Cultural Resource" issues. . Vice-Chairperson Fitzpatrick introduced the matter, and Mr. Whittenberg presented the Staff Report, (copy on file at the Department of Development Services). Mr. Whittenberg indicated the Draft EIR is in the public comment 05-06-98 Minutes.doc 3 . ArchaeologICal Advisory CommIttee Adj'ourned Meetmg Minutes May 6, 1998 period, and that period will end on May 29. At the conclusion of the public comment period, the City then prepares a Final EIR, which includes written responses to all the comments received during the comment period. This Committee will review the Cultural Resources section of the Final EIR and prepare a recommendation to the Environmental Quality Control Board as to the adequacy/inadequacy of the Final EIR as an informational document for the decision making body, the City Council. The Committee will also be asked to forward a recommendation to the Planning Commission as to the adequacy of the mitigation measures regarding Cultural Resources to reduce any environmental impacts to a level of insignificance. The Committee has until May 29 to provide comments, so it is not necessary to finalize comments this evening. The Committee could continue this meeting to another date prior to the May 29 date for additional review and consideration. Staff has provided the Committee with the "EIR Summary/Mitigation Monitoring Program", "Project Description", and "Environmental Analysis - Cultural Resources" sections of the Draft EIR, and a copy of the overheads used at the EQCB Meeting. The overheads provide a good general overview of the basic requirements of an Em. . Mr. Whittenberg indicated the mitigation measures are suggesting a Phase I survey of the site prior to any construction or grading activity on the site. The research indicates to this point there are no known archaeological sites on the property. There was one across the street at the Bixby Old Ranch Office complex, and there are several sites at the Weapons Support Facility and the Armed Forces Reserve Center, to the north and south of the subject property. Mr. Whittenberg indicated the majority of the subject site was heavily graded for the construction of the golf course itself, and there is no undisturbed soil on the site at this time. The Draft EIR includes the standard mitigation measures regarding actions to take if an unexpected cultural resource is encountered during project grading or construction. Member Goldberg stated she attended the EQCB meeting and advised the Committee there are many issues She indicated she was uneasy n passing this on due to the other environmental issues discussed at the EQCB meeting. Mr. Whittenberg clarified the role of the Committee at this time is not to determine if the document is adequate, it is to provide comments on areas that need additional information, clarification, or revision, to prepare an adequate and correct document. . Vice-Chairperson Fitzpatrick indicated he is on record from three years ago that the subject property is an ideal site, given the historic river wanderings in the area, and the swamp and river location, particularly in regards to the church location. He inquired as to the sequence of the mitigation measures, is it 05-06-98 Minutes.doc 4 . Archaeological AdvISory Committee Adj'ourned Meebng Mmutes May 6, 1998 sequence to have the archaeological survey conducted now, or to wait? Mr. Whittenberg indicated the sequence would be to have the Phase I survey done prior to any grading or construction activity on the project site. In response to a question form Vice-Chairperson Fitzpatrick, Mr. Whittenberg indicated it is his understanding the applicant would not wish to conduct the survey until they have an approved project in hand, because at this time there is nothing to indicate there are any archaeological resources. Vice-Chairperson Fitzpatrick indicated he wished to go on record as favoring the Phase I survey be undertaken as soon as possible. He sees much potential for a cultural setting, and if you walk around the site and put yourself in the mind-set of an indigenous person, it is an ideal area. . Member Willey indicated she is extraordinarily uncomfortable with such a minimal comment as that a Phase I survey shall be undertaken; it would be appropriate to ask what areas will be surveyed and a document setting forth how the actual survey will be conducted. She does not want the Committee to be put in a position in the future where someone could say "we were remiss." Mr. Whittenberg asked if the Committee was looking for a document similar to a research design? Member Willey indicated the document would not need to be that extensive; it should include a discussion of the scope of the area to be surveyed and a presentation of the methodology of the survey, the use of datum points, etc. The Committee should review that document and determine the adequacy of the proposed investigation methodology. The mitigation measure as written is to vague. Member Goldberg asked if any previous surveys were done prior to the construction of the golf course? Member Willey indicated from her reading of the Draft EIR there has been no previous investigations of the subject properties by an archaeologist. Member Willey indicated if grading occurred, the top soils would be destroyed; if filled, they would be preserved. Mr. Whittenberg indicated it is his understanding that the golf course area was excavated and the excavated soils were used to raise the College Park East area for the residential construction, that is why the golf course appears as it now does. Member Willey inquired about the area of the proposed church? Mr. Whittenberg indicated he does not know what may have happened in that area. Mr. Whittenberg clarified that the area of concern for the Phase I survey does not include the golf course, only those areas which have not been developed, and are not vacant lands or used for sod farming. . Member Goldberg indicated that due the closeness of cultural sites on the Hellman Ranch and at the Weapons Support Facility, this area may also contain cultural resources. Member Willey indicated the remaining mitigation measures are fine as far they go, but she would not find it acceptable to wait until grading 05-06-98 Minutes doc 5 . Archaeological Advisory Committee Adj'ourned Meeting Minutes May 6, 1998 begins to finding unexpected resources when by doing an adequate Phase I survey, we have a better chance to not run into that situation. In response to a comment from Member Goldberg regarding the ability of an archaeologist and Native American monitor to adequately monitor site grading activities, Member Willey indicated that can be done, but she would still want the Phase I survey conducted prior to the grading activity, with an approved plan for conducting that survey. Member Goldberg stated we need to start off right, to retain the trust of the Native American community, and the deferral of the Phase I survey does not do that. Member Willey and Vice-Chairperson concurred that the Phase I survey should be completed prior to any grading activities on the property. Mr. Whittenberg asked if the Committee could provide some discussion as to what some adequate parameters would be? Member Willey indicated her opinion that the survey should include only the non-golf course portions of the property north of Lampson Avenue, including the sod farm area. . Vice-Chairperson Fitzpatrick indicated a couple of test pits and some augur hole should be placed to adequately test the subsurface soils. At the UnoCal site in Old Town that analysis very quickly resolved any outstanding questions. Member Goldberg concurred. Member Willey indicated a few test pits would give a much better picture, right now it is to vague and undocumented. Mr. Whittenberg inquired what would be felt as an adequate walkover? Member Willey indicated a crew or a single individual would be adequate, with a 3 to 5 meter transcet spacing being utilized, assuming good ground visibility. There should be some history as to what has been filled or excavated on the site included. In addition, a couple of test pits should be investigated. Member Goldberg indicated it is important to provide as much history as possible as to how the land has evolved to its current condition, was the area filled for farming, excavated for the golf course, etc? Given the public controversy on the project, this would be helpful information. . Vice-Chairperson Fitzpatrick asked if the mission records would be helpful in determining the history of the area? Member Willey indicated she did not know, and Mr. Whittenberg indicated the missions do have listings of Native Americans relocated to those mission, but to his knowledge it is a listing of names, like a census, not a history. Member Goldberg asked if the Bixby Ranch Company would have a history of what happened to this land? Mr. Whittenberg indicated they may, and they may not. Vice-Chairperson Fitzpatrick indicated the best history he has read of the area was that of Dr. Stickel. OS-06-98 Mmutes.doc 6 . Archaeological Advisory Committee Adjourned Meeting Minutes May 6, 1998 In response to a question from the audience regarding a person reviewing the mission records, Mr. Whittenberg indicated he did not believe the missions would allow anyone to review documents from the late 1700's to early 1800's, only qualified researchers. After further discussion among the Committee, Mr. Whittenberg a "Records Search" for archaeological sites was done as part of the earlier Bixby proposed project, and that search indicted there were no known sites on the property, and based on that information, the consultant has prepared the mitigation measures as proposed. Member Willey stated she does dispute the proposed mitigation measures, the Phase I methodology should be written and reviewed by the Committee prior to beginning. If a City-appointed archaeologist is going to do the Phase I survey, it needs to be defined as to how it will be completed, and it should be reviewed by the Committee for adequacy. Sue Corbin, Seal Beach, indicated there is an existing lawsuit regarding the Hellman property regarding archaeological concerns, and that the investigations need to be done prior to project approval, not after project approval. Member Willey indicated that is the issue the Committee is addressing at this time. . Member Goldberg asked Mr. Whittenberg if when the Bixby office project was built across the street, was this site looked at? Mr. Whittenberg indicated it was not, and that on the office building site a natural shell midden was located, closer to the Freeway than to Seal Beach Boulevard. In response to question from Member Goldberg, Mr. Whittenberg indicated Bixby would not select the consultant, the City will. The Committee discussed the selection process for archaeological consultants. Reg Clewley, Seal Beach, indicated the full range of information needs to be included in the Em, it could be the difference between pyramids or bodies buried out there. You should fully know what is out there before you certify an environmental impact report, all the actual resources should be identified before the EIR is complete. He further stated the oversight responsibilities should not be blithely handed over to the Department of Development Services, as it does not have a good record, oversight should be by the City Council. . Member Willey indicated the Committee is only an advisory body, with no power per se, they can bring up suggestions, and express displeasure or pleasure. Hopefully, our input is taken by the City and carefully considered. The Committee has no enforcement authority. A written procedure document will help ensure that a good investigation is conducted, it will not guarantee that. Even if the Phase I survey finds nothing, it is absolutely essential that the grading activity be monitored by an archaeologist and a Native American monitor, to ensure that nothing was bypassed. 05-06-98 Minutes.doc 7 . . . Archaeological Advisory Committee Ad,journed Meebng Mmutes May6,1998 Sue Corbin, Seal Beach, requested the Native American monitor be a representative from the local tribe in this area. Member Willey indicated it is professional practice to utilize monitors from the local area. In relation to ORA-64, Member Young had heard the Native American Heritage Commission was part of a conspiracy to cover up the number of burials found at that site. The other members of the Committee indicated they could not support that statement. Mr. Whittenberg clarified that the Native American Heritage Commission appoints a "most likely descendent", who has the responsibility to represent the local tribes when burials are found at a site. The most likely descendent then appoints a monitor to oversee the disposition of those human remains. The City would contact the most likely descendent and ask for their recommendation for a monitor during a Phase I investigation and utilize that individual, based on their availability. Based on discussion among the Committee, the Committee determined to adjourn to May 20 at 6:00 PM to receive additional comments on the Cultural Resources section of the Draft EIR. In response to a question from Member Goldberg, Mr. Whittenberg indicated that if members of the Committee wished to comment on other portions of the document, they should do that as a member of the public, as the Committee is only charged with reviewing the Cultural Resources portion of the document. COMMITTEE CONCERNS Vice-Chairperson Fitzpatrick requested the C14 dating presentation be scheduled for the regular meeting on June 3, 1998. STAFF CONCERNS - None ADJOURNMENT There being no objection, at 6:34 P.M., Vice-Chairperson Fitzpatrick adjourned the Archaeological Advisory Committee Meeting to 6:00 PM, Wednesday, May 20, 1998. .~ ~ {)JJ Vice-Chairperson, I Archaeological Advisory Committeea Whittenberg, Secretary Archaeological Advisory Co () 05-06-98 Mmutes doc 8 . Archaeological AdvIsory Committee Adj'oumed Meetmg Mmutes May 6, 1998 Note: These Minutes are tentative until approved by the Archaeological Advisory Committee. The Archaeological Advisory Committee Minutes of May 6, 1998 were approved on Y~~8~:2.. ,1998. * * * * . . 05-06-98 Minutes doc 9