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2004 06 17 HPC Minutes MINUTES . HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Guinta City Hall Session Room 78-495 Calle Tampico, La Guinta, CA June 17, 2004 This meeting of the Historic Preservation Commission was called to order by Chairperson Leslie Mouriquand at 3:07 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Sharp, Wilbur, and Chairperson Mouriquand Absent: It was moved and seconded by Commissioners Wilbur and Sharp to excuse Commissioners Puente and Wright. Unanimously approved. Staff Present: Planning Manager Planner Stan Sawa, Walker. Oscar Orci, Principal and Secretary Carolyn II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wilbur and Sharp to approve minutes of the May 20, 2004, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Phase I Cultural Resources Survey for the La Guinta Family Apartments and Phase I Paleontological Survey for the La Guinta Family Apartments; Applicant: UHC La Guinta LP Archaeological/Paleontological Consultant: TRC Companies (Greig Parker, RPA) P:\CAROL YN\Hist Pres Com\HPC 6-17-04.doc last printed 7116/04 8:53 AM Historic Preservation Commission June 17, 2004 Location: East of Dune Palms Road, approximately 650 feet south of Highway 111. 1. Principal Planner Stan Sawa presented contained in the staff report, a copy of which Community Development Department. the information is on file in the 2. Commissioner Sharp asked if any of the persons in attendance represented the builder. 3. Mr. John Beardall, 1124 Main Street, Irvine, California introduced himself as the project manager/consultant for UHC La Ouinta Limited Partners. He was available to answer any questions the Commissioners might have. In addition, the cultural resources consultants, Greig Parker and Christopher Drover were in attendance from TRC Solutions, 21 Technology, Irvine, California. 4. Commissioner Sharp had a concern about digging deep enough for a swimming pool or any subterranean garage. He wanted to know exactly how deep they were going to dig. 5. Mr. Beardall replied they were not going to approach the 1 00 meter depth. They will probably only dig about 5 to 10 feet for a small swimming pool. 6. Commissioner Wilbur said in the original correspondence there was a contact list suggested by the Heritage Commission. He wanted to know if any attempt had been made to contact any of those individuals. 7. Mr. Drover, Archaeologist for TRC Solutions, replied no, it was an addendum to the methods search. This was a Phase I and this type of contact would normally not be made during the Phase I. 8. Chairperson Mouriquand asked if there was any early scoping on this project. Mr. Drover replied nothing prior to the survey. 9. Commissioner Sharp commented this is a very sensitive area and he was amazed nothing was found. 2 Historic Preservation Commission June 17, 2004 10. Chairperson Mouriquand asked if a (GLO) Government Lal")d Office search had been completed for homesteading and land granting. Mr. Parker replied a previous records search' had found nothing. 11 . Chairperson Mouriquand said there were a number of homesteads and land grants all throughout La Quinta. She asked if 1he work by James and Moore had been cited in the references as she was unable to locate the reference. ,Mr. Parker replied they did not actually do the GLO records search. The original search was done by Bruce Love and Tom Tang. 12. Chairperson Mouriquand asked how close the Coachella Canal was to the property and stated the Canal was determined to be eligible for the National Register. Given the proximity to the Whitewater River and the long zone of sites, it was interesting that nothing was found. 13. Mr. Parker said he had completed previous studies in the area and did find some significant sites, but nothing was found ,on this site. 14. Chairperson Mouriquand said the Commission prefers the Phase I studies include early scoping letters to the local tribes, which are the Cabazon, Augustine, and the Torres Martinez Bands. The Commission also encourages the early contact of these Bands looking for any ethnographic information such as sacred sites or any concerns they might have in the language and recommendations for mitigation measures. It would have been nice to have a discussion on more of the historic information on La Quinta and commentary on the GLO search. She felt enough concerns had been addressed and she did not have a problem with the report. 15. Commissioner Sharp thanked the applicant for the nice presentation. 16. Commissioner recommended. Wilbur asked for a recap of Staff pointed out the conditions. what was Historic Preservation Commission June 17, 2004 17, Chairperson Mouriquand asked if the applicant, or staff, could forward a copy of this report to the three Bands in the form of a scoping letter, Possibly they could be asked to respond back by a certain date if there are additional mitigation measures they wish to put forward. Staff requested the applicant be required to submit proof, to the Community Development Department, indicating the tribes had been contacted and would provide someone for monitoring if it was required. 18. Chairperson Mouriquand commented almost all of the Bands are requiring a tribal monitor, not just monitoring, but also during surveying. being requested. Staff replied this Condition A. for the construction This is a new policy could be included in 19. It was moved and seconded by Commissioners Wilbur and . Sharp to adopt Minute Motion 2004-012 accepting the Phase I Cultural Resources Survey for the La Guinta Family Apartments, with the following added to Condition 1.A.: The applicant shall provide proof the local tribes, consisting of the Torres-Martinez, Augustine and Cabazon Bands, have been contacted and will have a representative available for monitoring if required. Unanimously approved. 20. Commissioner Wilbur had a comment on the Paleontological Report. He recalled there had previously been discussion regarding the depths of 10 or 30 feet. After reviewing the report he was wondering if it wouldn't be helpful to define what the word "deep" means with respect to the upper layers of the quadrant area. The report states "below that" and does not explain what depth the report refers to. 21. Chairperson Mouriquand added it is necessary to consider the nature of the project. This project is a residential project and the excavation will probably be three to five feet with an on-site retention basin. Mr. Beardall stated they would not be going below 10 feet in any area of the project. Staff said this would only be a concern if a well site was proposed and there was none. 4 Historic Preservation Commission June 17, 2004 22. It was moved and seconded by Commissioners Wilbur and Sharp to adopt Minute Motion 2004-013 accepting the Phase I Paleontological Survey for the La Ouinta Family Apartments, subject to conditions. Unanimously approved.... B. Paleontological Resources Assessment for Tentative Tract 32201; Applicant: Choice Enterprise Paleontological Consultant: CRM Tech (Harry Ouinn) Location: Northwest corner of Madison Street and Avenue 60 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairperson Mouriquand asked why the Commission was asked to review the report when the records search had not been completed. Staff replied there was an indication, in the report, the Commission could place conditions on the project prior to taking final CEOA action, if it was necessary. Staff understood, the applicant came to certain conclusions on their site, based upon information obtained from surrounding sites. Staff has taken this into consideration when the recommendations were prepared. Staff reminded the Commission, based on previous meetings, the applicant had expressed his wishes to process this application as early as possible and that was the reason it was submitted without the response from the San Bernardino County Museum. 3. Chairperson Mouriquand was concerned about receiving an incomplete report. The purpose of doing the reports is to answer the CEOA questions so you have all the information you need to decide if there's any impact on resources, what the significance of the resources are and what the appropriate mitigation should be. If the report is incomplete it is difficult to make a recommendation. Staff replied they did give the applicant credit for the fact the report was prepared as if it had the potential of having a highly significant impact on the site. Chairperson Mouriquand stated she did know in this area a significant clam bed was found nearby. 5 Historic Preservation Commission June 17, 2004 4. Staff introduced Gabriel Lujan, 74818 Velie Way, Suite 12, Palm " Desert. Mr. Lujan said he was unaware the report was incomplete but was there to represent the client and answer any questions the Commission might have. 5. Chairperson Mouriquand advised him the Commission does require complete reports. 6. Commissioner Wilbur said he was uncomfortable with making a recommendation using an incomplete report. Staff did offer some recommendations: 1) the Commission could wait and continue the matter to another meeting date; 2) place a condition requiring the applicant submit the information to staff and if complete staff could approve it to move the CEOA process along; or 3) follow the current staff recommendations, . 7. Mr. Lujan stated he did not have any problems with .either recommendations 2 or 3, and if staff didn't feel comfortable with the information provided, he would be more than. glad to come back in. " 8. Commissioner Sharp asked if the Commission would be meeting during the month of July. Staff replied yes. 9. Chairperson Mouriquand asked if there were any issues that could come back which would cause the Commissioners to be concerned. 10. Commissioner Sharp commented this issue had to do with protocol. 11. Chairperson Mouriquand said she didn't want to establish a precedent for accepting incomplete reports. She did not feel it was appropriate for the Commission and didn't fulfill the requirements of CEOA. She added the Commission didn't want to be unfriendly to developers, but they had rules and regulations they had to abide by. She asked if there was any situation or information that could come back from this records search which the Commission might want to see and consider. 12. Commissioner Sharp replied it was a relatively small piece of property and its residential construction with a high water table. 6 Historic Preservation Commission June 17, 2004 13. Chairperson Mouriquand was concerned since the clam bed found by Dr. Chace was not at any great depth. The site was documented as a Paleontological Locality. It was not necessary to go very deep 10 get into the invertebrate fossils. 14. Commissioner Sharp commented there was a row of tamarisks trees On site and wanted to know if they had been removed. 15. Mr. Lujan replied the tamarisk trees were scheduled to be removed and would be monitored as the Commission previously requested. 16. Commissioner Wilbur stated he thought tension was created by the difficult decision between processing a report by the book, or reviewing an incomplete report and then fast-tracking the project on an individual basis. He sympathized with the applicant, but was not amenable to reviewing the report without information from the San Bernardino County Museum. Staff replied possibly the Commission could give staff some direction in terms of the protocol regarding acceptable reports. If 1he client does not have a response from the Museum, how much weight should staff give to the applicant for collecting information from surrounding areas. Staff requested direction ,On how to handle the issue if the report recommends monitoring of the site versus the fact the comments have not been received from the San Bernardino County Museum. Staff would like guidance On how to evaluate these reports. 17. Chairperson Mouriquand replied the commentary coming from the San Bernardino County Museum represents the most local repository and is the most important records search. She would feel more comfortable accepting the report if the information was coming from the Los Angeles County Museum. She has found that information from the various repositories can be identical, but not always. She questioned if something massive were found On a nearby site what additional mitigation measures could be recommended that were not already recommended. Monitoring is already listed as a condition and that would be all the Commission could recommend. Her major cOncern was in establishing a precedent in accepting an incomplete report, but she did not want to be unreasonable to the applicant. She said she could not imagine any comment 7 Historic Preservation Commission June 17. 2004 coming back from the San Bernardino County Museum that would really alter the recommendations for mitigation already established. Staff thanked her for her comments about incomplete reports and, in the future, would pass them along to the applicants. Staff also added the applicants were commonly advised it is their prerogative to submit information to the Commission, incomplete or not. It is the Commission's prerogative to turn down the applicant's requests due to incomplete reports. 18. Commissioner Wilbur said he understood the value of comparative areas but discoveries are made all the time in very specific locations not related to surrounding discoveries. Staff added the final action would be determined by the City Council. So there were actually two more opportunities for this project to be reviewed. 19. Commissioner Sharp commented this was the third timl;l ,this project had been brought before the Commission. Staff replied the applicant was aware of the Commission's concern. The applicant's representative, Mr. Lujan, said he would look i9to the lack of reply from the San Bernardino County Museum and would have an answer back to staff by the end of week. 20. It was moved and seconded by Commissioners Wilbur and Sharp to adopt Minute Motion 2004-014 accepting the Paleontological Resources Assessment for Tentative Tract 32202 amended: Recommendation 3: Information received from a records search from the San Bernardino County Museum will be submitted to Community Development Department staff for approval prior to continuance of the project. If staff deems the information to be complete, applicant will re-submit the report to the Historic Preservation Commission for its further consideration. Unanimously approved. 8 Historic Preservation Commission June t7, 2004 C. Historical/Archaeological Resources and Paleontological Resources Assessment Report for Assessor's Parcel No. 762-240-011; Applicant: D.U.C. Housing Partners Archaeological/Paleontological Consultant: CRM Tech . Location: North side of Avenue 58, approximately one-half mile west of Madison Street. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Wilbur asked if there was any information found" in the historic search. Staff replied it did not. 3. Chairperson Mouriquand said she recalled the area where t,he property is located as being very sensitive for recorded sites, and materials that have been picked up by avocational collectors. The area has proven to be highly sensitive and there have been cremations and ceremonial offering caches fou,nd close by. Therefore, the Commission would definitely want to have it monitored. 4. Commissioner Sharp asked if the application was just for a housing development 5. Chairperson Mouriquand was concerned the report did not recommend monitoring considering the sensitivity of the area. She was glad to see staff was recommending it. She noticed the firm doing the survey used 15 meter spaced transects. Staff replied all reports the Commission reviewed at this meeting used the same criteria. 6. Chairperson Mouriquand replied 15 meters is approximately 50 feet, or 25 feet on center. It would be difficult to spot a pot shard, point, or any other small item, at a distance of 25 feet on either side of a person. Federal Standards are 10 meters which is approximately 30 feet. That would be 15 feet on each side of a person. She was concerned about the efficiency of a report using these methods and past reports used 10 meter transects. Staff reiterated all reports are now using 15 meters. Chairperson Mouriquand said she hoped this was not a trend for more cost effectiveness at the sacrifice of adequate survey 9 Historic Preservat,i,on Commission June 17, 2004 coverage. She was wondering if staff and the Commission should consider a policy, about how wide the transects should be. Traditionally the archaeology in this area does not consist of large items and 50 feet apart is too far. Small items could be missed. Staff asked the Commissioners to agendize this item and bring it back for discussion. Chairperson.Mouriquand again expressed her concern because this section of land is in a highly sensitive area and she was worried about small items being overlooked. She was glad staff was recommending monitoring, but there was not enough appreciation on the part of the consultant for the sensitivity of this area as evidenced by the lack of discussion and. recommendation for monitoring. She supported staff's recommendations for the report. 7. Chairperson Mouriquand said .all of this area was formerly part of the Kennedy Ranch. The Kennedy Ranch was loaded with artifacts, at one point in time. An extensive collection has been retained by the original owners. She commented it could simply be this was such a small area there was just nothing left and the land so disturbed there was nothing left on the surface, but there still could be a high potential for subsurface finds. The Coral Mountain area is within a mile-and-a-half of this project arid is also very sensitive, as well as the Quarry which is highly sensitive as evidence by some earlier work by CRM Tech. 8. Commissioner Wilbur asked if it was possible to add a recommendation about the halting of earth moving equipment if something is found. 9. Chairperson Mouriquand replied it was already included in the conditions. However, grading operators generally don't look or stop for a cache of something. She felt it was an ineffective mitigation measure and preferred on-site monitoring. 10. Commissioner Wilbur verified with staff that monitoring had been added as a condition. Staff replied it had. 11. Chairperson Mouriquand asked if the Commission would see the monitoring reports when they come back. Staff replied yes, when they are submitted. 10 Historic Preservation Commission June 1 7, 2004 12. Chairperson Mouriquand asked if the consultants had contacted the tribes. The applicants needed to provide evidence they had contacted the tribes in the form of a scoping letter, and if they had not received a reply, they needed 'to provide that information as well. She also asked if they had contacted the Heritage Commission. Staff replied there was no indication the tribes were contacted. Chairperson Mouriquand said in the research methods on Page 5, there was no discussion regarding contact of the Heritage Commission or any of the three local tribes. She suggested" prior to CEOA action, the applicant submit evidence of contact with the Cabazon, Torres Martinez, and Augustine Band, as well as the Native American Heritage Commission. 13. It was moved and seconded by Commissioners Wilbur and Sharp to adopt Minute Motion 2004-015 accepting the Historical/Archaeological Resources Assessment Report for Assessor's Parcel No. 762-240-011, subject to conditions prepared by staff as well as the following condition: D. Applicant shall amend the report to include proof of contact, prior to CEOA action, indicating the applicant has contacted the Cabazon, Torres Martinez, and Augustine Bands, as well as the Native American Heritage Commission. Unanimously approved. 14. Chairperson Mouriquand commented there shouldn't be any problems due to the elevations. Because this site was once under water, there is the possibility of finding invertebrates as well as clam beds, but they would be picked up during monitoring. 15. Commissioners Wilbur and Sharp had no further comments. 16. It was moved and seconded by Commissioners Wilbur and Sharp to adopt Minute Motion 2004-016 accepting the Paleontological Resources Assessment for Assessor's Parcel No. 762-240-011, subject to conditions. Unanimously approved. 11 Historic Preservation Commission June 17, 2004 VI. CORRESPONDENCE AND WRITTEN MATERIAL: " VII. COMMISSIONER ITEMS: A. There was discussion of the July 15, 2004 training session. Staff advised they would have most of the Community Development Department staff in attendance. Since there will be Commission items to be reviewed, the meeting will begin at 1 :00 p.m. and continu~ in the Council Chambers at 2:00 p.m. for the training. Chairperson Mouriquand said the training would be focused on the ARMR Format and how it should be followed. She would be using the ARMR checklist to illustrate how to review a report. B. Commissioner Wilbur asked about the press release for May,- "Historic Preservation" month. Staff said an article would be in the La Quinta Gem regarding Historic Preservation Month and highlighting the lOt" Anniversary of the Commission. C. Commissioner Sharp asked about the rescheduling of Gary Resvaloso's attendance at a future meeting. Staff replied they had continued contacting Mr. Resvaloso, but had not received a response. 'The Commissioners suggested staff try another strategy in contacting Mr. Resvaloso. D. Chairperson Mouriquand brought up the subject of the width of the transects. She commented this could be added to an upcoming meeting agenda. The Commission could set policy as to how they want the reports done, since they are a CLG Agency. She also commented the Federal Agencies require 10 feet, but that didn't mean the Commission had to require 10 feet. However, it is very difficult to do a thorough job when you are responsible for looking at a 50 foot swath. She added the Commission should have a discussion about accepting incomplete reports, as well as how to handle blended Archaeo/Paleo reports. 12 Historic Preservation Commission June 17, 2004 E. Chairperson Mouriquand will be conducting a mobile worksho'p, October 19, 2004, as part of the American Planning Association's Annual Conference, in Palm Springs, at the Wyndham Hotel. It will be a bus tour to the Coral Mountain Regional Park Site area. . There will be speeches given on the pre-history, history, rock art in the tufa, bedrock mortars in the tufa, and general archaeological and historical discussion on creating a Regional Park. The discussion will be regarding how to plan a regional park and take the cultural resources, pre-history, and history, and weave it in. This would be good planning. The tour will begin at 8:00 a.m. and end at 12:00 p.m. The tour was set up for conference attendees but staff will be looking into. attendance by the Commissioners. If that is not possible, Chairperson Mouriquand may be able to set up a tour for the Commission. The APA bus tour will include aisle side instruction on the local sites and history of the Valley. She added the groundbreaking, for the Regiol)al Park, is slated for November. This will be agendized for further discussion at a later meeting. VIII. ADJOURNMENT There being no further business, it was moved and seconded, by Commissioners Sharp and Wilbur to adjourn this Regular Meeting of the Historic Preservation Commission to the next Meeting to be held on July 15, 2004 at 1 :00 p.m.. This meeting of the Historical Preservation Commission was adjourned at 4:27 p.m. Unanimously approved. Submitted by: {vIZ /- / (;/lu ZL~ l /r; c U Carolyn Walker Secretary 13