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CC AG PKT 2003-07-14 #Z
July 14, 2003 STAFF REPORT To: Honorable Mayor and City Council Attention: John B. Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED _ "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK SUMMARY OF REQUEST: Approve proposal for the establishment of an Educational Center at Gum Grove Nature Park and: 1. Select an approved location (original location, Option A location, or Option B location); 2. Concur with replacement of Coastal Redwood trees with species recommended by the City Arborist; 3. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and 4. Instruct staff to finalize the form of guarantee to be provided by John Laing Homes to guarantee all ongoing maintenance costs of the Educational Center will be borne by John Laing Homes. BACKGROUND: The Parks and Recreation Commission considered this matter on June 25 and recommended approval of the request on a 4 — 0 - 1 vote of the Commission (Commissioner Watson was absent). The Commission recommended consideration of alternative location criteria to address concerns of neighbors that spoke at the Commission meeting. Their recommendation is provided in a "Memorandum of Recommendation ", provided as Attachment 1. OVERVIEW OF PARKS AND RECREATION COMMISSION DISCUSSION AND RECOMMENDATION REGARDING THE REQUEST: . AGENDA ITEM Z Z \My DocumentsUohn Laing Homes \Education Facility.CC Staff Report.doc \LW\06 -26 -03 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14. 2003 Staff provided a notice of the meeting of the Parks and Recreation Commission regarding this matter to the property owners of 1665 to 1733 Crestview, as those properties were the most immediately adjacent to the proposed facility. During consideration of this item at the Parks and Recreation Commission the following concerns were addressed by the Committee: O Public safety concerns of the proposed facility being located far from Seal Beach Boulevard • Concern on the impact of the proposed facility on the quiet enjoyment of living environment on the existing residences along Crestview that abut the proposed location of the facility. The Commission determined to forward to the City Council the approved "Memorandum of Recommendation ", as recommended by staff and as subsequently amended by the action of the Commission. The Commission determined to add the following additional language to the "Memorandum of Recommendation ": Based on comments received on June 25, 2003 from neighbors and the representatives of John Laing Homes and Hellman Properties LLC, the Commission strongly recommends consideration of an alternate location that would comply with the following location criteria: o Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. ❑ Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private property safety concerns that are of concern to adjoining residents along Crestview Avenue." OVERVIEW OF PROPOSED LOCATIONS FOR EDUCATIONAL CENTER: Please note that in the following discussion, all of referenced dimensions from the proposed facility to adjoining properties or roadways are from the center point of the proposed inner ring of the educational center, and the inner ring has a 30' diameter. Original Proposed i.ocation of Fdncational Center: Education Facility.CC Staff Report 2 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 The initial proposed facility location within Gum Grove Nature Park is approximately 775 feet west of Seal Beach Boulevard. The facility would be located approximately 53 feet from the • nearest property to be developed as part of the Heron Point development and approximately 135 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. Please refer to Attachment 2 to review the site location plan. Representatives of the Gum Grove Park Advisory Committee and the Sierra Club have visited the location and were of the opinion that the proposal is acceptable and respectful of the concerns of the Native American communities. This is the location determined most desirable by the Most Likely Descendent in reviewing various locations for the proposed facility prior to the public input received at the Parks and Recreation Commission meeting. This location would be on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. Alternative Proposed Locations Rased on Parks and Recreation Commission Recommendation; The Most Likely Descendent and John Laing Homes have re- evaluated the original proposed location and other possible locations based on the recommendation of the Parks and Recreation Commission. They have submitted two alternative locations for consideration by the City Council. In discussing these alternate locations with representatives of John Laing Homes, it was indicated that the preferred location of the Most Likely Descendent would be either the original location or the Option B location. The Option A location would be the least desirable location from the viewpoint of the Most Likely Descendent. Provided below is a brief description of those proposed locations. ❑ Option "A" T,ocation: This proposed location is indicated to be located approximately 180' from the existing residences adjacent to Crestview, 153' from Seal Beach Boulevard, and 90' from the private cul -de -sac roadway right -of -way between lots 68 69 of the proposed development. Please refer to Attachment 3 to review the site location plan. ❑ Option "R" Location: This proposed location is indicated to be located approximately 165' from the existing residences adjacent to Crestview, 795' from Seal Beach Boulevard, and 53' from the southwest corner of the most southerly lot, Lot 54. Please refer to Attachment 4 to review the site location plan. Educauon Facility.CC Staff Report 3 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report ' July 14, 2003 It should be noted that the Parks and Recreation Commission recommendation of a minimum distance of 165 feet from the rear property lines of the existing properties along Crestview to the proposed facility eliminates any other alternate locations along the southerly side of the Heron Pointe development between the Option A and Original Location/Option B locations. The City Arborist has also recommended that the proposed Coastal Redwood trees be replaced with California Sycamores, Coastal Live Oaks, Catalina Cherry or Catalina Ironwood trees. Staff recommends that this recommendation be concurred with by the City Council. Additional Notification to Residents: Since the Recreation Commission recommended consideration of additional locations that would be located closer to Seal Beach Boulevard, Staff provided a meeting notice of this matter to all residents on Crestview between 1665 and 1737 Crestview, a total of 18 lots from Seal Beach Boulevard westerly to approximately 127 feet westerly of the intersection of Crestview Avenue and Bayside Drive. Please refer to Attachment 6 for a copy of the meeting notice. The proposed locations of the Original Location/Option B is located approximately behind 1717 Crestview Avenue, while the Option A location is located approximately behind 1749 Crestview Avenue. Again, the proposed location of the educational center facility would be between approximately 150 -165 feet from the rear property line of 1717 Crestview and approximately 180 feet from the rear property line of 1749 Crestview Avenue. Written Communications Received Since Commission Meeting The City has received a letter regarding this matter from Mr. Krieger of 1725 Crestview Avenue, and a copy is provided for the information of the City Council as Attachment 7. Mr. Krieger also appeared and spoke at the Parks and Recreation Commission meeting regarding this matter. OVERVIEW OF REQUEST: During the site grading activities for the John Laing Homes development (Heron Point) on the Hellman Ranch Specific Plan Area ( "SPA ") property a significant number of Native American burials have been encountered. In order to comply with the provisions of the Coastal Development Permit issued by the California Coastal Commission, a "Mitigation Plan" has been prepared by the City - selected archaeological firm, EDAW, in consultation with the State - appointed Most Likely Descendent (the "MLD "), Anthony Morales, and John Laing Homes, the property owner. The "Mitigation Plan" has been reviewed and approved by the MLD and John Laing Homes. The City of Seal Beach Archaeological Advisory Committee reviewed the "Mitigation Plan" on May 21, 2003 and forwarded a comment letter on the plan to the California Coastal Commission. A copy of their comment letter is provided as Attachment 3 to the Parks and Recreation Commission Staff Education Facility.CC Staff Report 4 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 Report. The Parks and Recreation Commission was not requested to review any aspect of the Mitigation Plan other than the proposed Educational Center within Gum Grove Nature Park. Two types of project related impacts have been identified in the Mitigation Plan. The first is loss of archaeological information. Mitigation of this impact can be adequately achieved through continued collection of non -burial artifacts and features during controlled grading and manual excavation; analysis of the human remains prior to reburial to the extent authorized by the MLD; analysis of all the data in a final synthetic report on the archaeological investigations; and, curation. The second type of impact is the cultural impact to Native American groups. Ancestral burials are very important in contemporary Gabrielino and Juaneno culture. Removing these burials from their original location would be considered culturally significant. The Mitigation Plan addresses this impact .by setting aside the most - culturally sensitive area within CA -ORA- 264 as a Preservation Area that will remain as open space. Burials within the Preservation Area . will be left in place, covered with fill, and landscaped in native vegetation. Burials removed from other locations will be reinterred within the Preservation Area under the direction of the MLD. In addition the Mitigation Plan specifies that JLH in consultation with the MLD will design an educational facility for Gum Grove Park that will be suitable for use in cultural and educational programs focusing on the environment, history and Native American culture of the project area. Pending approval of this design by the City of Seal Beach and the Coastal Commission, JLH will construct and landscape this facility and dedicate it to the City of Seal Beach. _ All of the mitigation measures specified in the Mitigation Plan are summarized in Table ES -1, provided as Attachment 4 of the Parks and Recreation Commission Staff Report. • Mitigation Measure 6 is the particular issue before the City Council regarding this matter, and this mitigation measure reads as follows: Mitigation Measure Comments 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, JLH will consultant to design this facility in consultation complete this measure in with the MLD. Designs will be submitted to the conjunction with the process of City of Seal Beach and California Coastal dedicating Gum Grove Park to Commission for approval. the. City of Seal Beach and will construct and landscape the center during - project construction. Education Facility.CC Staff Report 5 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 The Mitigation Plan further discusses this proposal in Section 6, "Mitigation Program" and that discussion is provided here for the convenience of the City Council: "Development of Educational Center - An educational center will be constructed within the Gum Grove Park extension area (Figure 8; Appendix C). This facility will consist of a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area. JLH will ensure that the design process is coordinated with the City of Seal Beach and the Gum Grove Park - Advisory Committee, and will present the adopted design to the City . of Seal Beach Parks and Recreation Commission and City Council for review and approval. Contingent upon receiving the necessary approvals, JLH would construct the - approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. Construction -level plans of the facility are presented in Appendix C." The Coastal Commission has requested that this facility be reviewed by the Parks and Recreation Commission and approved by the City Council prior to the Commission action on the "Mitigation Plan". As indicated above, the Parks Commission has reviewed this proposal and is recommending approval by the City Council with recommend location criteria to utilize in determining the final location of the subject facility. OVERVIEW OF PROPOSED EDUCATIONAL CENTER: The initial proposed location of the proposed Educational Center was chosen by the MLD as the most appropriate location for such a facility. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for _ persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Education Facility CC Staff Report 6 • Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. OVERVIEW OF PROPOSED INSTRUMENT FOR MAINTENANCE GUARANTEE: As indicated above, John Laing Homes ". . would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care." The City will not be responsible for maintenance costs for the facility. Staff has made this point very clear to John Laing Homes and the MLD. In discussing this issue with John Laing Homes, there are several possible ways to structure the long -term maintenance guarantee required by the City to place this facility within a public park area. The alternative financing mechanisms are: ❑ Maintenance costs to be included within the Community Facilities District that is - proposed to be formed for the financing of certain public improvements related to the John Laing Homes residential development. ❑ Entering into an agreement, or providing an annuity, in a form and content acceptable to the City Attorney to guarantee the long-term maintenance of said education center at no cost to the City of Seal Beach. John Laing Homes has submitted a letter dated July 10, 2003 committing to ". . provide an annuity, in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of - said education center at no cost to the City of Seal Beach." A copy of this commitment letter is provided as Attachment 8. The necessary "Approval in Concept" for submission to the California Coastal Commission is not to be approved by Staff until a letter of commitment, in a form acceptable to the City Attorney, from John Laing Homes is received regarding the proposed method of providing financial guarantee for the long -term maintenance of said Education Center at no cost to the City of Seal Beach. Education Facility CC Staff Report . 7 Proposed Gducarzonal Center w Ginn Grove Nature Park C:tv Council Staff Report July 14, 2003 The issuance of a "building permit" or "encroachment permit" will not be released until the appropriate long -tern maintenance guarantee document, in a form acceptable to the City Attorney, has been executed by all parties of record, and recorded if necessary. RECOYIMENDATION Approve proposal for the establishment of an Educational Center at Gum Grove Nature Park and: 1. Select an approved location (original location, Option A location, or Option B location); 2. Concur with replacement of Coastal Redwood trees with species recommended by the City Arborist; 3. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and . 4. Instruct staff to finalize the form of guarantee to be provided by John Laing Homes to guarantee all ongoing maintenance costs of the Educational Center will be borne by John Laing Homes. NOTED ' D APPROV ): el k - Whitt . erg John B .:7 orski Director of Development Services City Man' ger Attachments: (8) Attachment 1: "Memorandum of Recomrriendation re: Gum Grove Nature Park Educational Center ", from the Parks and Recreation Commission to City Council approved on June 25, 2003 Attachment 2: Proposed Plans — Original Proposed Location for Gum Grove Nature Park Educational Center Attachment 3: Proposed Plan — Option A Location for Gum Grove Nature Park Educational Center Attac'nment 4: Proposed Plan — Option B Location for Gum Grove Nature Park Educational Center Education Faciliry.CC Staff Report 8 Proposed Educational Center at Gum Grove Nature Park City Council Stuff 'Report July 14, 2003 Attachment 5: Parks and Recreation Commission Staff Report re: "Consideration of Proposed "Educational Center" at Gum Grove Nature Park ", dated June 25, 2003 Attachment 6: Meeting Notification of City Council Consideration, dated June 30, 2003 Attachment 7: Letter from Mr. Krieger, 1725 Crestview Avenue, dated July 3, 2003 Attachment 8: Letter from John Laing Homes re: Gum Grove Park — Education Center — Annuity, dated July 10, 2003 • Education Facility.CC Staff Report 9 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report Jule 14, 2003 ATTACHMENT 1 "MEMORANDUM OF RECOMMENDATION RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER ", FROM ., THE PARKS AND RECREATION COMMISSION TO CITY COUNCIL, APPROVED ON JUNE 25, 2003 • • Education Facility.CC Staff Report 10 o� qAt' .... PARKS & RECREATION p2 COMMISSION : Q ,cpnNTY. PP: Memorandum of Recommendation To: Mayor Larson and Members of the City Council Date: June 25, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED GUM . GROVE NATURE PARK EDUCATIONAL CENTER The Parks and Recreation Commission considered this matter and an accompanying Staff Report on June 25, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Parks and Recreation Commission to recommend approval of the proposed "Educational Center" at Gum Grove Nature Park, if developed in substantial compliance with the development proposal as outlined below: OVERVIEW OF PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER DEVELOPMENT PLAN The proposed facility is proposed to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. Z: \My Documents \John Laing Homes \Education Center.Rec Commission Memo.doc \LVN06 -26 -03 - Memorandum of Recommendation re: Gum Grove Nature park Educational Center Parks and Recreation Commission June 25, 2003 The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25- years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. John Laing Homes would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on- Education Center.Rec Commission Memo 2 Memorandum of Recommendation re: Gum Grove Nature park Educational Center Parks and Recreation Commission June 25, 2003 Alternate Location Suggested by the Recreation Commission: Based on comments received on June 25, 2003 from neighbors and the representatives of John Laing Homes and Hellman Properties LLC, the Commission strongly recommends consideration of an alternate location that would comply with the following location criteria: ❑ Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. ❑ Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private property safety concerns that are of concern to adjoining residents along Crestview Avenue. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on June 25, 2003: AYES: Commissioners GOERING, LAYMAN, ROHMAN, AND SUSTARSIC NOES: Commissioners ABSENT: Commissioners WATSON ABSTAIN: Commissioners 4 ' ( E/v ?pi4/1- Vice- Ch'rperson Parks 9 Recreati Commission City of Seal Beach Education Center.Rec Commission Memo 3 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 2 PROPOSED PLANS - ORIGINAL PROPOSED LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER Education Facility.CC Staff Report 11 C of - e "" _ ° q i F _ B v 0 5 3 + d 1 1 - d o r� .p l Y WEI MA - z y p ; ��� t � �L, °` ° ° 410 HI eee o z 6 � E. f ' a ` r � Li t, , ,, •7Q sri...s s hi Ile a«.*** ***(1«a ?aaa u °a d . s BU . C V o 0 11 ‘ 1 . , — h ' \ . q ' .... \ : • tiled* 1 Mg \ , A \ 06 /. ,, . . . a s \...,, 1 Willi , \ Ifr \. 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' •• a' I 0 ;; .. • • •tom y p . i� Q -.� -, • • • • rX . . a • . t Z 'III 1, 1 :, A,. -. � Q ® ° n - u � � � I �I � Ir 1 1 ; , , �11� l U Sy' rll�: y' � t+ % ' —.1.... ; ._ ` v = l�li� r`��/ / i !% il i�llllll�lill ll��l1 /�ll ,..� O l ,,l,�ll�!� /,�u w Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 5 PARKS AND RECREATION COMMISSION STAFF REPORT RE: "CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM , GROVE NATURE PARK ", DATED JUNE 25, 2003 Education Facility.CC Staff Report 14 FILE COPY June 25, 2003 STAFF REPORT To: Chairperson and Members of the Recreation Commission From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK SUMMARY OF REQUEST: Review proposal for the establishment of an Educational Center at Gum Grove Nature Park and forward a "Memorandum of Recommendation" to the City Council as to the proposed facility. BACKGROUND: During the site grading activities for the John Laing Homes development (Heron Point) on the Hellman Ranch Specific Plan Area ( "SPA ") property a significant number of Native American burials have been encountered. In order to comply with the provisions of the Coastal Development Permit issued by the California Coastal Commission, a "Mitigation Plan" has been prepared by the City - selected archaeological firm, EDAW, in consultation with the State - appointed Most Likely Descendent (the "MLD "), Anthony Morales, and John Laing Homes, the property owner. The "Mitigation Plan" has been reviewed and approved by the MLD and John Laing Homes. The City of Seal Beach Archaeological Advisory Committee reviewed the "Mitigation Plan" on May 21, 2003 and forwarded a comment letter on the plan to the California Coastal Commission. A copy of their comment letter is provided as Attachment 3. The Recreation Commission is not being requested to review any aspect of the Mitigation Plan other than the proposed Educational Center within Gum Grove Nature Park. This "Mitigation Plan" includes an evaluation of the significance of the burials and other finds that have occurred during monitoring. The discovery of the Native American burials confirms the conclusion of significance with respect to cultural resources identified in the City's Environmental Impact Report. Previous investigations did not, however, provide indications of the number of Native American burials that would be encountered. In addition to those already identified, other burials probably still exist within the ungraded portion of the SPA. These Z:\My Documents\John Laing Homes \Education Facility.P &R Staff Report.doc \LW\06 -16 -03 w It: fw b'r4 r. t d Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Native American burials are within traditional Gabrielino territory and are highly significant to contemporary Gabrielino /Tongva. The non -burial related artifacts and features identified through monitoring also confirm the cultural significance of the sites within the SPA. Most are similar to those recovered in the archaeological sample collected during the testing and data recovery programs. However, the monitoring of controlled grading allowed the recovery of a much larger sample than would otherwise have been possible and did result in the identification of some types that had not previously been reported for the sites. These additional finds will allow a refined assessment of prehistoric Native American lifeways and cultural adaptation along the southern California coast. The Mitigation Plan includes additional research questions to be addressed using the newly acquired data along with the archaeological information that was already available for the SPA. Two types of project related impacts can be identified. The first is loss of archaeological information. Mitigation of this impact can be adequately achieved through continued collection of non - burial artifacts and features during controlled grading and manual excavation; analysis of the human remains prior to reburial to the extent authorized by the MLD; analysis of all the data in a final synthetic report on the archaeological investigations; and, curation. The second type of impact is the cultural impact to Native American groups. Ancestral burials are very important in contemporary Gabrielino and Juaneno culture. Removing these burials from their original location would be considered culturally significant. The Mitigation Plan addresses this impact by setting aside the most - culturally sensitive area within CA -ORA -264 as a Preservation Area that will remain as open space. Burials within the Preservation Area will be left in place, covered with fill, and landscaped in native vegetation. Burials removed from other locations will be reinterred within the Preservation Area under the direction of the MLD. In addition the Mitigation Plan specifies that JLH 'in consultation with the MLD will design an educational facility for Gum Grove Park that will be suitable for use in cultural and educational programs focusing on the environment, history and Native American culture of the project area. Pending approval of this design by the City of Seal Beach and the Coastal Commission, JLH will construct and landscape this facility and dedicate it to the City of Seal Beach. All of the mitigation measures specified in the Mitigation Plan are summarized in Table ES -1, provided as Attachment 4 of this Staff Report. - Mitigation Measure 6 is the particular issue before the Commission, and this mitigation measure reads as follows: Education Facility P &R Staff Report Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, JLH will consultant to design this facility in consultation complete this measure in with the MLD. Designs will be submitted to the conjunction with the process of City of Seal Beach and California Coastal dedicating Gum Grove Park to Commission for approval. the City of Seal Beach and will construct and landscape the center during project construction. The Mitigation Plan further discusses this proposal in Section 6, "Mitigation Program" and that discussion is provided here for the convenience of the Commission: "Development of Educational Center - An educational center will be constructed within the Gum Grove Park extension area (Figure 8; Appendix C). This facility will consist of a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area. JLH will ensure that the design process is coordinated with the City of Seal Beach and the Gum Grove Park Advisory . Committee, and will present the adopted design to the City of Seal Beach Parks and Recreation Commission and City Council for review and approval. Contingent upon receiving the necessary approvals, JLH would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. Construction -level plans of the facility are presented in Appendix C." The Coastal Commission has requested that this facility be reviewed by the Recreation Commission and approved by the City Council prior to the Commission action on the "Mitigation Plan ". OVERVIEW OF PROPOSED EDUCATIONAL CENTER: The location of the proposed Educational Center was chosen by the MLD as the most appropriate location for such a facility. It has easy access from the parking area to be provided adjacent to 'Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard, is sufficiently distant from neighboring homes to not be a disruption to those homes, is visible from Seal Beach Boulevard for security purposes, and provides a suitable and respectful location for the honoring of their ancestors. Representatives of the Gum Grove Park Advisory Committee Education Facility.P &R Staff Report Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 and the Sierra Club have visited the location and are of the opinion that the proposal is acceptable and respectful of the concerns of the Native American communities. The proposed facility is to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30.feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Education Facittty.P &R Staff Report 4 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 As indicated above, John Laing Homes ". . would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care." The City will not be responsible for maintenance costs for the facility. Staff has made this point very clear to John Laing Homes and the MLD. RECOMMENDATION Authorize the Chairperson to sign the provided "Memorandum of Recommendation" regarding the educational center, recommending approval of the proposed location and design. Please refer to Attachment 1 to review the proposed Memorandum of Recommendation. /e Whittenberg, Director Development Services Departm- t Attachments: (4) - Attachment 1: "Memorandum of Recommendation" from Recreation Commission to City Council re: Gum Grove Nature Park Educational Center, June 25, 2003 Attachment 2: Proposed Plans — Gum Grove Nature Park Educational Center Attachment 3: Letter from Archaeological Advisory Committee to California Coastal Commission re: "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", Prepared By EDAW, Inc., Dated April 2003 ", dated May 21, 2003 Attachment 4: Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California, Table ES -1, Mitigation Summary, pp vii - x Education Facility.P &R Staff Report 5 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 ATTACHMENT 1 "MEMORANDUM OF RECOMMENDATION" FROM RECREATION COMNIISSION TO CITY COUNCIL RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER, JUNE 25, 2003 Education Facility.P &R Staff Report 6 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report SE June 25, 2003 'y w RECREATION COMMISSION 21 ,9NNrf gyp` Memorandum of Recommendation To: Mayor Larson and Members of the City Council Date: June 25, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER The Recreation Commission considered this matter and an accompanying Staff Report on June 25, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Recreation Commission to recommend approval of the proposed "Educational Center" at Gum Grove Nature Park, if developed in substantial ompliance with the development proposal as outlined below: PkIf OVERVIEW OF PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER DEVELOPMENT PLAN The proposed facility is to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide Education Facdity.P &R Staff Report Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report Tune 25, 2003 information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, _ other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 4 to 6 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from botl5ites. This facility will be locate' ''raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal . Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western, Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. - The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. John Laing Homes would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. The City will not be responsible for maintenance costs for the facility. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on June 25, 2003: Education Facility.P &R Staff Report 8 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 23, 2003 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Chairperson Recreation Commission City of Seal Beach * * * * Education Facility.P &R Staff Report 9 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 ATTACHMENT 2 PROPOSED PLANS - GUM GROVE NATURE PARK EDUCATIONAL CENTER Education Facility.P &R Staff Report 10 - ---' ' • f:,..7 '''..' firf.' --- * * `' . :- (4 '4 . ;4"' "; d r .,,.,-.'' , , ' '-'•"' ...;:i‘ r - ' . r ; ,e. • ,:.. ... .1k: rtt..1.--...- .0 *.r- . - 4 .. ,% •$"' • grtr‘ • 1 " ? . ' ,20' ,,. • *' , . • , •.1k. s. ' .. fi ," 4 . 7,4, 1 `..:;'4 . 1 ''' - ;''''' ' --.• - ' ' .. 1 "..; '" ` .; 1' a ". .......,, ,G, N k.t e x. 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"1W.- 16 i ..--A11 " . - 411611 wA*14t& .imr.=■ j' ...* -.T • � ,, :_•.?..: ��' -fi�-- 4'-'4( ' • s ' /r ' , / _ ' , j. .. . • --■11%1111AVomw-...,....., ...,,,,, a tle _______. ---............ wiliolai , Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 ATTACHMENT 3 LETTER FROM ARCHAEOLOGICAL ADVISORY COMMITTEE TO CALIFORNIA COASTAL COMMISSION RE: "MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED APRIL 2003 ", DATED MAY 21, 2003 • Education Facility.P &R Staff Report 11 : ,. .. � yOGQ P _ ■• � . 27 1 91 \ �O pU � _ CITY HALL 211 EIGHTH STREET SEAL BEACH, CALIFORNIA 90740 (562) 431 -2527• www.ciseal -beach ca us May 21, 2003 FILE cop Mr. Karl Schwing, Coastal Program Analyst State of California — The Resources Agency California Coastal Commission South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802 -4302 SUBJECT: COMMENTS RE: "MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED APRIL 2003 Dear Mr. Schwing The Archaeological Advisory Committee of the City of Seal Beach reviewed the subject document on May 21, 2003 and is providing, the following comments regarding the "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", Prepared By EDAW, Inc., Dated April 2003. The Committee is extremely pleased to see that the subject Mitigation Plan has been reviewed and approved by the State - selected Most Likely Descendent (MLD), Anthony Morales, and the property owner, John Laing Homes (JLH). The preparation of the Plan has involved the hard work and agreement between the MLD; JLH; the city archaeologist; and city, Coastal Commission, and Native American Heritage Commission staff. The Mitigation Plan presents a reasoned and balanced plan to mitigate impacts to significant cultural resources of the Hellman Ranch property that have been discovered during project grading. T1e Mitigation Plan accomplishes the following actions and activities that are seen by the Committee as beneficial actions and supportable by the Committee: o The setting aside of a "Preservation Area" of approximately 1.28 acres as an open space area, with this area to be utilized as a reinterment area for all of the Native American remains discovered during the site grading activities on the subject Z \My Documents\ARCHCOMNIUohn Laing Homes Mitigation Plan AAC Comment Letter doc \LW\05 -21 -03 City of Seal Beach Archaeological Advisory Committee Comment Letter re: "Mitigation Plan for 0 Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California" • May 21, 2003 property. Existing human remains currently located within this area will not be removed. (Mitigation Measure 2 and 3) o JLH will assist the MLD in the reinterment of burials within this area and will provide funding for appropriate Native American ceremonies to accompany the reinrment ceremony. (Mitigation Measure 16) r r o Reconfi,,uration of oil access roads and utility services to eliminate impacts to remaining undisturbed midden area. (Mitigation Measure 4) ❑ Potential development of a cultural- educational facility within Gum Grove Nature Park. Future designs of this facility to be approved by the City and Coastal Commission. (Mitigation Measure 6) o Establishes an agreed upon methodology for the continued monitoring of grading activities and evaluation processes to be utilized during the remainder of the site grading activities on the property. (Mitigation Measures 5 and 8 through 14) ❑ Establishes additional evaluation analysis that is acceptable to the MLD (Mitigation Measures 15 and 17) o Preparation of required technical reports in compliance with guidelines of the California Office of Historic Preservation (Mitigation Measure 19) and o Establishes a ciliation program with options for the Gabrielino/Tongva people to consider (Mitigation measure 18). The Committee has also reviewed the peer review comments of Nancy A. Desautels, Ph.D:, Research Director, Scientific Resource Surveys, Inc. and Roger D. Mason, Ph.D., RPA, Director of Cultural Resources, Chambers Group, Inc. The Committee concurs with their suggestions regarding the Mitigation Plan. In reviewing the Mitigation Plan, the Committee has the following comments that the Coastal Commission may wish to consider as it evaluates the document: d It is recommended that the Coastal Commission and Gabrielino/Tongva Tribal Council letters discussed in the "Responses to Comments" section of the document immediately before the "Table of Contents" be included as appendices to the document. It also appears from the introductory paragraph to this section that there are two sets of comments from the Gabrielino /Tongva Tribal Council, and only one is responded to in this section. This should be clarified and corrected as appropriate. ❑ Responses to Comments — Coastal Commission Letter dated February 26, 2003, Comment 21 — replace "sill" with "will ". o Table ES -1, Mitigation Measure 7 — Revise the first line of this Mitigation Measure to read "Assist in the reinterment of burials within Goo Grws P *1A the Preservation Area [JLH will provide funding .." This will clarify the correct location of the reinterment area. ❑ Table ES -1, Mitigation Measure 19 — Revise the Comments section by adding a second sentence to read, "JLH will implement." This will clarify that John Laing Homes has the financial responsibility to fund the costs of preparation of the final technical report. John Laing Homes Mitigation PIan.AAC Comment Letter 2. City of Seal Beach Archaeological Advisory Committee Comment Letter re• "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California" May 21, 2003 o Page 64, Notification of Additional Burials, first sentence — correct reference from "NAHL" to "NAHC ". It is the opinion of the Committee that the proposed "Mitigation Plan" provides appropriate discovery and evaluation methodologies for the probable discovery of additional cultural resources and ancestral Native American burials that still may be encountered as part of the construction activities associated with the proposed project, and also provides sufficient safeguards to ensure compliance with appropriate regulatory requirements if an additional discoveries are encountered. The Committee believes this Mitigation Plan addresses all issues that can reasonably be anticipated to occur once the necessary construction activities are allowed to be re- instituted on the property. The comprehensive program prepared by EDAW and agreed to by the MLD and JLH outlines a program that, in the opinion of the Committee, the Native American community, the City of Seal Beach, John Laing Homes, and the Coastal Commission and Native American Heritage Commission can be proud to have participated in and implemented. . If you have any questions regarding this matter, please contact Mr. Lee Whittenberg, Director of Development Services, at (562) 431 -2527, extension 313 or by e -mail at lwhittenberg @ci.seal- beach.ca.us. He will be most happy to respond to any questions or concems you may have regarding this matter. • Sincerely, ■/ Chairpe .n, Archaeological Advisory Committee City of Seal Beach cc: Anthony Morales, Most Likely Descendent City Council - City Manager Director of Development Services Gordon Craig, Project Manager, John Laing Homes Jerry Tone, Hellman Properties, LLC Dave Bartlett, Dave Bartlett Associates 9 John Laing Homes Mitigation Plan AAC Comment Letter 3 l i 7 • Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 ATTACHMENT 4 MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA, TABLE ES -1, MITIGATION SUMMARY, PP VII - X Education Facility.P &R Staff Report 12 . Proposed Educational Center at Guru Grove Nature Park Recreation Commission Staff Report June 15, 2003 Table ES -1. Mitigation Summary Mitigation Measure Comments 1 Prepare a peer- reviewed Mitigation Plan in Completed with the conformance with CDP Special Condition 19.F.1. acceptance of the present document by Coastal Commission. 2 Set aside the Preservation Area as shown in JOH will prepare the Figure 6 as open- space. No additional burials appropriate legal will be removed from the Preservation Area, and document dedicating an all burials removed from the Specific Plan Area open space easement in will be reinterred within the Preservation Area at perpetuity for approval by the direction of the MLD. the City and Coastal Commission prior to recordation. 3 Cover Preservation Area with fill contoured to JLH will complete during approximate a naturalistic setting. Plant with construction. Grading and California native plants consistent with the CCC landscape to be approved approved plant list and approved by the MLD. by City and Coastal Commission staff. 4 Reconfigure the oil access road and utility JLH will complete during corridor on the northern perimeter of the project construction. Grading area - The storm drain line that was originally plan to be approved by proposed for the northern perimeter of the City and Coastal property through ORA -264 will be realigned to Commission staff. . avoid the site altogether. Fill will be placed on . the northern perimeter to allow the placement of electrical, water, oil and gas, and miscellaneous utility lines within the fill. This will avoid the need - to excavate utility lines into the undisturbed - midden. The oil company access road will be reduced from 25 feet in width to 17 feet within the cultural area and would be developed on top of the fill. 17 Education Facility.P &R Staff Report 13 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 23, 2003 Mitigation Measure Comments 5 Conduct controlled grading of remaining cultural JLH will complete during deposit in Lots 13 and 14, directed by the construction. archaeological monitor and Native American monitor. [The cultural deposit in this area is not considered likely to contain human remains.] Treat any cultural materials in accordance with Mitigation Measures 9 through 13 (below) 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park— JLH will retain an appropriate Commission approval, consultant to design this facility in consultation JLH will complete this with the MLD. Designs will be submitted to the measure in conjunction City of Seal Beach and California Coastal with the process of Commission for approval. dedicating Gum Grove . Park to the City of Seal • Beach and will construct and landscape the center during project construction. 7 Assist in the reinterment of burials within the JLH will complete during Preservation Area — JLH will provide funding for the construction process. a reburial ceremony to be conducted under the auspices of the MLD and will prepare and backfill reburial pits. Native American monitors will oversee the backfilling. . f7 Education Facility.P &R Staff Report 14 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 8 Prior to resuming mechanical grading JLH will implement prior to operations, the developer will develop and restarting grading implement a , worker training program. The operations. A qualified program will be designed to convey (1) the consultant will be retained purpose of the cultural resources monitoring, to prepare in consultation including the need for respectful treatment of with MLD and JLH. human remains; (2) the procedures to be employed in the monitoring, including the controlled grading and hand excavation; (3) the authority of the archaeologists and Native American monitors to temporarily halt or redirect grading; and (4) the procedures to be used in _ the event of discoveries. The training will consist of in -field worker orientations accompanied by , distribution of pamphlets describing the monitoring and other archaeological procedures. 9 All ground disturbance in any portions of the JLH will implement "during project area with the potential to contain human construction. remains or other cultural material will be monitored by the archaeological monitor and a Native American representative of the MLD. 10 When possible burials are identified outside of JLH will implement during the Preservation Area during monitoring of construction. mechanical excavation, or excavation of test - , units, the excavation will be temporarily halted while the find is assessed in consultation with _ the lead field archaeologist. If the find is made during mechanical excavation, the archaeologist - or Native American monitoring the activity will have the authority to direct the equipment operator to stop while the find is assessed. If it is determined that the find does not constitute a burial, the mechanical excavation will continue. :% ■ Education Facility P &R Staff Report 15 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 11 If the find is determined to be a human burial, JLH and the City of Seal the lead archaeologist will immediately notify the Beach will implement Site Supervisor for the developer, as well as the during construction. Principal Investigator for EDAW. The Principal Investigator will immediately notify the MLD and the Director of Development Services for the City of Seal Beach. The Site Supervisor shall ensure that construction grading does not impact the new burial while it is being excavated and removed. As has been done throughout the - construction monitoring for the development, the City will provide the Coastal Commission with weekly updates describing the finds in writing. In addition, the MLD will also update the Commission regarding discoveries of human . remains. 12 For all discovered human burials, attempts will Qualified archaeologists continue to be made to locate additional burials will be retained to conduct nearby through hand excavation techniques. this program during This will be done through the excavation of 1 x 1 construction. m exploratory test units (ETUs) placed along transects extending radially from each identified burial or burial cluster. The radial transects will be designed to test areas within 50 feet (15 m) from the edge of each burial or burial cluster. Excavation of these units will be limited to areas containing intact cultural deposit (i.e. areas that have not been graded well into the underlying . marine terrace) and will be excavated until the - marine terrace deposits are encountered. The soil from the ETUs along the radial transects will be screened through 1/8 -inch mesh. Wet or dry screening methods may be used, and the soil may- be transported to another location on the property for screening. Artifacts and faunal • remains (shell and animal bone) will be retained from the,screen, as well as any human remains. a Education Facility.P &R Staff Report 16 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 13 Controlled grading will be done with a wheeled JLH will implement with motor grader. The motor grader uses an angled the assistance of qualified blade that excavates 1 to 2 inches at a pass, archaeologists and Native pushing the spoil to the side to form a low American monitors. windrow. Monitors follow about 20 feet behind the motor grader, examining the ground for evidence of burials. When a burial is identified during controlled grading, the soil in windrows that may contain fragments of bore from that burial will be screened. Soil from windrows within 25 feet of any burial will be transported to another location on the property for observation and screening. If additional burials are found during controlled grading, additional ETUs will be excavated in the radial patterns described above. . 14 Outside of the Preservation Area, Native Qualified archaeologists American burials will be carefully and and Native American respectively removed along with the surrounding monitors will be retained soil matrix ( "pedestal ") and placed in secure to assist in the excavation temporary storage pending reinterment within and removal of Native the Preservation Area. All excavation and American burials. moving of Native American burials will be monitored by a representative of the MLD. 15 Additional scientific studies of the Native A qualified archaeologist American burial remains will be conducted at the will be retained to direction of the MLD. undertake these investigations. , 'v Education Facility.P &R Staff Report 17 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 16 Once all portions of the project area have been JLH will implement with graded to a point that is completely within the the assistance of the MLD underlying culturally sterile marine terrace and qualified - deposits, the repatriation process will be initiated archaeologists. for all recovered human remains and associated artifacts. Once a reburial site has been identified and prepared, the remains and associated artifacts will be transported from the temporary storage area to the site for reburial. Specific aspects of the reinterment ceremony, including scheduling and attendees, will be at the discretion of the MLD. Supplies needed for the ceremony, such as animal skins and other materials, will be paid for by the landowner. 17 Additional analyses of non - burial materials - The Qualified archaeologists assemblage of artifacts recovered during the will be retained to conduct monitoring will provide a basis for comparison these investigations with other sites and will contribute to an during and after understanding of regional patterns. Additional construction. Monthly analyses will include approximately 20 additional progress reports will be radiocarbon dates, artifact identifications, filed. obsidian sourcing and hydration if appropriate materials are recovered, and comparative studies. To assess the prehistoric - environmental context, two sediment cores will be taken from suitable locations in the lower portions of the property. Sediments in the cores will be examined and described in the field by a geologist, and samples collected for dating and _ pollen analysis. 18 Cultural materials recovered from the cultural Qualified archaeologists resources monitoring and mitigation program for will be retained to prepare the development will be curated either at an the material for curation appropriate facility in Orange County, or, in and assist in the delivery. consultation with the City, at the San Diego Archaeological Center. The curatorial facility will hold these in trust for the Gabrielino/Tongva people. Education Facility.P &R Staff Report 18 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 19 Within 12 months of completion of the ' Qualified archaeologists monitoring, a final technical report will be will be retained to prepare submitted to the City of Seal Beach and the the final technical report. Coastal Commission. The final technical report JLH will implement the will contain a complete reevaluation of the report preparation. cultural resources within the HRSP area, including discussions of cultural and chronological relationships within regional and tribal settlement systems. The report will conform to the guidelines developed by the California Office of Historic Preservation for Archaeological Resource Management Reports (ARMR). It will be prepared in sufficient quantity to distribute to interested regional researchers and Native American groups. It will thoroughly document and synthesize all of the findings from all phase of the cultural resources program. 6/ • Education Facility.P &R Staff Report 19 , Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 6 MEETING NOTIFICATION OF CITY COUNCIL CONSIDERATION, DATED JUNE 30, 2003 Education Facility CC Staff Report 15 , City of Seal Beach, 211 8th Street n IlL_ALEArh Seal Beach; CA 90740 562- 431 -2527 NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a meeting on Monday, July 14, 2003 at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK Request: A request by John Laing Homes LLC for the acceptance by the City of Seal Beach of the placement of an "Education Center" within Gum Gove Nature Park. The initial location of the proposed facility was to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. . Meeting Notice.Gum Grove Park Education Center CC Notice Notice of City Council Meeting re: Proposed Gum Grove Nature Park Educational Center June 30, 2003 " The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. The Parks and Recreation Commission considered this request on June 25 and is forwarding the following additional recommendations to the City Council for consideration of an alternate location that would comply with the following location criteria: o Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. o Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private property safety concerns that are of concern to adjoining residents along Crestview Avenue. Applicant: John Laing Homes LLC . Owner: Hellman Properties LLC (Dedication to City of Seal Beach pending) At the above time and place all interested persons may be heard if so desired. A Staff Report is available and may be viewed at the Department of Development Services or at the Office of the City Clerk. The City Council will consider this matter and may take an action to approve, approve with modifications, or deny. Please contact my office at your earliest convenience if you require additional information or have questions regarding this matter. I can be reached at (562) 431 -2527, extension 313, or by e- mail at Iwhittenberg @ci.seal- beach.ca.us. 2 Meeting Notice Gum Grove Park Education Center CC Notice Notice of City Council Meeting re: Proposed Gum Grove Nature Park Educational Center • June 30, 2003 DATED This 30th day of June, 2003 e Whittenberg, Director • Department of Development Services 3 Meeting Notice.Gum Grove Park Education Center CC Notice Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 7 LETTER FROM MR. KRIEGER, 1725 CRESTVIEW AVENUE, DATED JULY 3, 2003 Education Facility.CC Staff Report 16 KRIEGER & KRIEGER A LAW CORPORATION 249 E. OCEAN BOULEVARD, SUITE 750 TERRENCE B KRIEGER LONG BEACH, CALIFORNIA 90802 • LINDA GUTHMANN KRIEGER JEFF D NEIDERMAN TELEPHONE. (562) 901 -2500 FACSIMILE: (562) 901 -2522 • Also Admitted an Illinois July 3, 2003 John Larson 211 8th Street Seal Beach, CA 90740 Re: Proposed '`Educational Center'' at Gum Grove Nature Park Dear Mr. Larson: I am a resident of Seal Beach living at 1725 Crestview Avenue. I am greatly concerned about the proposal for an "Educational Center" at Gum Grove Nature Park. Approximately two weeks ago, I voiced my concerns to the Parks and Recreation Commission at a hearing before that body. The Parks and Recreation Commission recommended a site change in the report forwarded to the City Council. However, I will be on vacation during the City Council's meeting on July 14, 2003. Accordingly, I thought it wise to write my concerns in letters to the members of City Council. The proposed "Educational Center" would involve an amphitheater built primarily for the benefit of a Native American Tribe that has a site for remains on the other side of the Hellman Ranch project. The proposed "Educational Center" would be used by the Native American Group 2 to 3 times per year. - However, the original site for the "Educational Center" was located just outside the property line of several current residences on Crestview Avenue, including my house. Specifically, the proposed "Educational Center" would have been located on a knoll approximately 70 feet from my property (The staff report claimed 130 feet). The chosen knoll was designed to be a buffer between the Hellman Ranch development and the existing homeowners. This buffer would have been eliminated under the original proposal. Furthermore, the proposed site would have been 875 feet from Seal Beach Boulevard, making it an attractive spot for drinking, John Larson Page 2 July 3, 2003 vandalism, and other safety issues. The Hellman Rganch site has already been hit with several bouts of vandalism along Seal Beach Boulevard. There is little doubt that the proposed amphitheater would suffer a similar fate given its remote location. The proposed site was so far from Seal Beach Boulevard that any wrongdoers would have easily run away if the police approached from Seal Beach Boulevard. The chosen route of escape would obviously be the homes adjacent to the amphitheater. In other words, people would climb the fence into my yard. Obviously, with two young girls of 6 and 2% years old, I am greatly concerned and dismayed by the proposal to place an amphitheater in this buffer zone. It is my opinion that John Laing Homes is choosing a site away from its housing development but close to the existing homeowners. Neither John Laing Homes nor the Native American Tribe are constituents of Seal Beach. However, the existing homeowners are your constituents. No matter how noble the cause of the Native American Tribe, their desires for proper treatment of their ancestors' remains should not result in security and trash problems for the existing residents. I implore you not to allow the "Educational Center" to be located on the knoll 875 feet from Seal Beach Boulevard and immediately adjacent to the existing homeowners' property lines. Safety concerns for the existing homeowners should be the number one priority in evaluating John Laing Homes' proposal. Thank you for your consideration of my letter, and I apologize for being unavailable to attend the City Council Meeting. Very truly yours, TERRENCE KRIEGER TBK:ai Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 8 • LETTER FROM JOHN LAING HOMES RE: GUM GROVE PARK - EDUCATION CENTER - ANNUITY, DATED JULY 10, 2003 Education Facility.CC Staff Report 17 I John Laing Homes Hand crafted since 1848 • July 10, 2003 City of Seal Beach City Hall - 211 Eighth Street Seal Beach, CA 90740 -6279 Re: Gum Grove Park — Education Center — Annuity To The Honorable Mayor and City Council of the City of Seal Beach; This letter will confirm the intent of John Laing Homes to design and construct an educational center within the Gum Grove Park extension area. The design of the facility will be coordinated between the City of Seal Beach and Gum Grove Park Advisory Committee, The California Coastal Commission as well as the Most Likely Descendant of the Gabrielino /Tongva Native American group. This facility will be dedicated to the City of Seal Beach along with an annuity to provide all on -going costs for maintenance and care. John Laing Homes is currently conducting a study as to the anticipated costs for maintenance. Once this study is complete and the costs are known and agreed to, John Laing Homes will provide an annuity, in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of said education center at no cost to the City of Seal Beach. Should you have any questions, please feel free to contact me. Sincerely, Pat Larkin Pat W. Larkin John Laing Homes Land Development Manager 895 Dove Street Suite 200 Newport Beach CA 95660 tel 949 - 265 -2400 fax 949 - 265 -2500 www.johnlainghomes.com .\ M