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1993 01 26 HPCHISTORICAL PRESERVATION ! o ! COMMISSION Ld pinta 1982 - 1992 Ten Cara[ Decade A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California January 26, 1993 6:00 P.M. Beginning Minute Motion 93-001 CALL TO ORDER - Flag Salute ROLL CALL BUSINESS SESSION 1. Confidentiality procedures 2. Discussion of materials contained in Historical Preservation notebook 3. Discussion of joint meeting with the La Quinta Historical Society PUBLIC COMMENT This is the time set aside for citizens to address the Historical Preservation Commission on matters relating to historic resources within the City of La Quinta which are not Agenda items. When addressing the Historical Commission, please state your name and address. When addressing the Commission on matters pertaining to prehistoric sites, do not disclose the exact location of site for their protection. CONSENT CALENDAR Approval of the Minutes of the regular Historical Preservation Committee meetings held on July 14, 1992 and November 24, 1992. c OTHER ADJOURNMENT A.�,401 PC/AGENDA MINUTES HISTORICAL PRESERVATION COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California January 12, 1993 I. CALL TO ORDER A. The meeting was called to order at 11:08 P.M. by Chairwoman Barrows. II. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Committee Members Mosher Ellson, Marrs, Adolph, and Chairwoman Barrows. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Leslie Blodgett, and Department Secretary Betty Anthony. III. BUSINESS SESSION: It was moved by Commissioner Mosher and seconded by Commissioner Marrs to continue this meeting of the Historical Preservation Committee to January 26, 1993, at 6:00 P.M. due to the lateness of the meeting. Unanimously approved. V. PUBLIC COMMENT - None VL CONSENT CALENDAR - None VII. OTHER - None VHI. ADJOURNMENT: A motion was made by Committee Member Mosher and seconded by Committee Member Adolph to adjourn this regular meeting of the Historical Preservation Commission to a regular meeting on January 26, 1993, in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 11:15 P.M., January 12, 1993. HPC1-12 1 MINUTES HISTORICAL PRESERVATION COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California July 14, 1992 I. CALL TO ORDER A. The meeting was called to order at 8:04 P.M. by Commissioner Barrows. who led the flag salute. H. ROLL CALL A. Commissioner Barrows requested the roll call. Present: Commissioners Mosher Ellson, Adolph, and Commissioner Barrows. Commissioner Ellson moved and Commissioner Mosher seconded a motion to excuse Commissioner Marrs. Unanimously approved. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Department Secretary Betty Anthony. III. ELECTION OF OFFICERS: A. Commissioner Mosher nominated Katfie Barrows as Chairman. Commissioner Adolph seconded the motion. There being no other nominations Commissioner Mosher moved and Commissioner Ellson seconded the motion to close the nominations. Katie Barrows was elected Chairwoman unanimously. B. Commissioner Mosher nominated Marion Ellson as Vice Chairman. Commissioner Adolph seconded the motion. There being no other nominations Commissioner Mosher moved and Commissioner Adolph seconded the motion to close the nominations. Marion Ellson was elected Vice Chairman unanimously. IV. BUSINESS SESSION: A. Review of Duties: Planning Director Jerry Herman reviewed the duties and responsibilities of the Historical Commission with the Commissioners as they were presented in the adopted Ordinance. He then presented options to the HPC7-14 1 .r.0 u 0 0 Historical Preservation commission Minutes July 14, 1992 Commission as to how they wanted material presented to the Commission. 1. Chairwoman Barrows suggested the Commission meet with the Historical Society and from that meeting determine sites and ideas as to how best establish a system of preservation. She further suggested that other cities be contacted as to their procedures and policies. 2. Commissioner Ellson asked that the list be consistent with the new updated General Plan. She also asked who declares a site "Historical". In addition, does the National Society provide any benefits to people who dedicate their property as a historical site? If there are no National benefits, can the City provide any? Staff stated they would look into these questions. 3. Discussion followed between the Commissioners regarding how to determine sites, criteria for determining a site, the compilation of a list, possible archaeological sites, and benefits to the property owners. 4. Commissioner Mosher asked if the City Attorney might be able to give some in sight as to how other cities have established sites and criteria. 5. Chairwoman Barrows and Commissioner Ellson suggested that the different Indian Tribal Councils be contacted as to known locations. They further suggested that the Commission invite different speakers to educate the Commission in different areas. 6. Chairwoman Barrows suggested that the pending La Quinta Canyon Mall be approached to provide a location where people can learn about the historical sites. B. Meeting Schedule: Planning Director Jerry Herman presented possible options to the Commission as to meeting times and dates. HPC7-14 1. Discussion followed among the Commissioners and Staff relative to meeting only once every month following the Planning Commission meeting with the lightest agenda. 2. Commissioners Ellson and Mosher asked that the next meeting be a preparation meeting to familiarize the Commission with material. The next meeting would then be a joint meeting with the Historical Society and 2 �J.uu, 004 Historical Preservation commission Minutes July 14, 1992 possibly the Coachella Valley Archaeological Society. C. Rules and Procedure: Planning Director Jerry Herman stated the agenda would be formatted similar to that of the Planning Commission and Design Review Board. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR - None VH. OTHER - None VHL ADJOURNMENT: A motion was made by Commissioner Mosher and seconded by Commissioner Ellson to adjourn this regular meeting of the Historical Preservation Commission to a regular meeting in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 8:31 P.M., July 14, 1992. HPC7-14 3 ,,,4.0 li , 0 0 r5 MINUTES HISTORICAL PRESERVATION COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California November 24, 1992 L CALL TO ORDER A. The meeting was called to order at 11:25 P.M. by Chairwoman Barrows. H. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Committee Members Ellson, Marrs, Adolph, and Chairwoman Barrows. Committee Member Ellson moved and Committee Member Marrs seconded a motion to excuse Committee Member Mosher. Unanimously approved. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, and Department Secretary Betty Anthony. III. BUSINESS SESSION: It was moved and seconded to continue this meeting of the Historical Preservation Committee to January 12, 1993, at 7:30 P.M. due to the lateness of the meeting. Unanimously approved. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR - None VIL OTHER - None VIIL ADJOURNMENT: A motion was made by Committee Member Adolph and seconded by Committee Member Ellson to adjourn this regular meeting of the Historical Preservation Commission to a regular meeting on January 12, 1993, in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 11:28 P.M., November 24, 1992. HPC11-24 1 =J-.i. floc STAFF REPORT HISTORICAL PRESERVATION COMMISSION TO: HISTORICAL PRESERVATION COMMISSION FROM: LEiSLIE BLODGETT; PLANNING & DEVELOPMENT DATE: JANUARY 26, 1993 SUBJECT: PROCEDURES TO MAINTAIN CONFIDENTIALITY OF PREHISTORIC SITE LOCATIONS DISCUSSION: Guidelines of the State Historic Preservation Office require the maintenance of confidentially concerning the locations of prehistoric resources. The exact locations of prehistoric sites should only be revealed to those individuals on a qualified need -to -know basis. Confidentiality is required in order to protect sites from looting and vandalism. Individuals who might have a need to know site locations include the property owner, project planners, project architect or engineer, and decision making bodies. Historically, "pot -hunters" have been able to obtain site locations from public documents such as EIR's, EA's, staff reports and meeting minutes. In order to prevent public access to site location information it is necessary to censor such information from staff reports and public hearings. One method of maintaining confidentiality during meetings is to recess to a closed session whenever the precise location of a site or sites must be discussed. A similar practice is followed by City Council when personnel issues are discussed. RECOMMENDATION: The City Attorney has reviewed this question and has prepared the attached letter concerning confidentiality procedures. The following two recommendations stem from this letter. Move to adopt the policy that directs Staff to prepare reports and other public documents concerning archaeological sites to be circumspect in discussion so as not to reveal the site location; and, Move to adopt the policy that directs Commission members not to reveal archaeological site locations in public discussion. Attachment: 1. Letter dated January 15, 1993. STAFFRPT.102/CS -1- 001 FRITS R. STRADLING NICK E. YMCA C. CRAIG CARLBON WILLIAM R. RAYTH III X. C. SCHAAF RICHARD C. GOODMAN JOHN J. MURPMY THOMAS P. CLARK, JR. SEN A. FRYDMAN DAVID R. M-EWEN PAUL L. GALE RUDOLPH C. SHEPARD ROBERT J. KANE W D. TALBOT BRUCE C. STUART E. KURT YEAGER ROBERT J. WHALEN ROBERT E. RICH RANDALL J. $MERMAN BRUCE W. FEUCHTCR MARK J. HUESSCH KAREN A. ELL13 ELISANETH C. GREEN BRUCE G. MAY DONALD J. HAMMAN JOHN J. SWIGART, JR. MICHAEL A. zABLOCKI NEILA R. BERN3TEIN CELESTE STAHL BRADY CMRISTOPHER J. KILPATRICK JOEL H. GUTH JUUE McCOY AKINS DAWN C. HONEYWELL OWEN B. LUBOW LAWRENCE B. COHN MARLEY L BJELLAND STBADLINO, YOCCA, CARLSON & RAUTH STEPHEN L'NEENAH A PROFESSIONAL CORPORATION ROBERT A. WILSDOW ATTORNEYS AT LAW NICHOCHKWYL A. J. Y JULIE M. J. YMCA 660 NEWPORT CENTER DRIVE. SUITE 1600 JULIt M. PORTER MARK T. PALI" POST OFFICE BOX 7680 MICHAEL X. FLYNN ROBERT C. FUNST(N NEWPORT BEACH. CALIFORNIA 92660-0441 ALETA LOUISE BRYANT RONALD A. VAN SLARCOM STEPHEN M. M.NAMARA WRY A. PEMBERTON CAROL L. Lt. DENISE HARBAUGH EPING BARBARA ICI0 LCIBOLD JON E. GOETI GARY P. DOWNS JOHN O. IRELAND MICHAEL J. PENDERGAST DAVID H. MANN CHRISTOPHER M. MOROPOULOB GANA M. MESMOM DARRYL S. GIBBON JOHN G. WCLENOON TODD R. TMAKAR RICHARD T. NEEDHAM ROBERT C. WALLACE GERARD L. OSIUM JOHN F. CANNON KENT M. CLAYTON JOHN E. WOOOHEAO IV DOUGLAS P. FEICK WILLIAM J. MORLEY NANCY J. DEWNIRST SANDRA M. WAKAMITA Ms. Leslie Blodgett Associate Planner City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 TELEPHONE (714) 725 4000 TELEPHONE (714) 640-7035 IA. NUMBER (714) 725-4100 January 15, 1993 JOHN L BRECKENRIDGE RENA C. STONE O. CO�HBII WRITER'S DIRECT DIAL: (714) 725-4142 Re: Confidentiality Procedures for Historical Preservation Commission Dear Leslie: This letter is in response to your October 28, 1992 Memorandum. In that Memorandum, you asked for advice regarding the ability of the Historical Preservation Commission (hereinafter the "Commission") to meet in closed session to discuss the location of prehistoric archeological sites. Closed Sessions: In summary, the Commission cannot hold closed session meetings solely on the basis that the Commission will be discussing pre -historic or archeological sites. The Ralph M. Brown Act, Government Code Section 54950 at sea., provides that local government meetings shall be open and public, and sets forth the requirements for regular meetings, special meetings and closed sessions. Under the Brown Act, a local government body or commission may meet in closed session only to discuss personnel matters, pending litigation and real estate negotiations. Unless the Brown Act specifically exempts a subject area from the open and public meeting requirement, meetings cannot be held in closed session. Discussions regarding archeological or pre -historic sites are not specifically exempted from the Brown Act and therefore the Commission cannot hold closed session meetings to discuss the 'RJMV 1; 008 Ms. Leslie Blodgett January 15, 1992 Page Two location of such sites. You should be aware that penalties for noncompliance can be severe: Government Code Section 54959 states that anyone who knowingly attends a meeting at which action is taken in violation of the Brown Act is guilty of a misdemeanor. As an alternative to holding a closed session, the Commission could discuss archeological sites in an open and public forum, but could be circumspect in its discussions so as not to reveal the site location. City staff and commission members could be instructed not to reveal location in public discussions or may not be told site locations at all. Public Records: On a closely related question, the Commission must also take certain precautions to avoid disclosure of documents which contain the location of prehistoric sites. Like the Brown Act, the Public Records Act, Government Code Section 6250 et sea., contains a strong presumption in favor of openness and disclosure and allows a government agency to withhold documents only under certain specific exemptions set forth in Government Code Section 6254 at sea. Although Government Code Section 6254.10 exempts disclosure of archeological site locations maintained by the Department of Parks and Recreation, the State Historical Resources Commission, or the State Lands Commission, the exemption does not appear apply to documents maintained by a local legislative body or commission. Any oral information received by an individual planner or member of the Commission as to location of a site would not have to be made public. However, if the site information is later documented in any form, including handwritten notes and computerized information, that documentation would be subject to public disclosure. In order to insure that archeological site locations are not revealed in public records, it is best to prevent information regarding archeological site locations from being contained in any documents prepared for the Commission's files. Any documents maintained by the Commission would be subject to public disclosure; probably including any documents received by the Commission which contain information regarding archeological site locations. The State Office of Historic Preservation maintains information centers (hereinafter the "Information Centers") which archive information regarding archeological sites. The Information Centers will allow only archeologists and archeological students access to the actual site documents. 40140 �.. 009 Ms. Leslie Blodgett January 15, 1992 Page Three The Information Centers will release summaries regarding archeological sites to planners and owners, but location is only revealed on a need to know basis. Before information regarding sites will be released, the Information Centers require that those persons requesting such information sign an agreement not to reveal the location of the sites. Prior to entering such an agreement with any center, the Commission should consult with our office. It is unclear whether the Commission or City could agree to keep such information confidential under the Public Records Act. In order to avoid public disclosure of archeological site location, the Office of Historic Preservation has suggested that the sites in public documents be referred to by the trinomial number assigned by the state. That office has also suggested that an archeologist prepare a summary of the site without revealing locational information and that record searches for a particular project be attached to the survey report. CEOA: Other references to disclosures of archeological resources are contained in the Californida Environmental Quality Act. Government Code Section 21083.2 provides that the local agency shall determine a project's impact on archeological resources and that if there is a significant impact, the EIR must address the project's impact upon those resources. It also suggests methods of mitigation of the impact on those resources. In addition, Appendix K of the CEQA Guidelines states that if avoidance of an important archeological resource is not feasible that an excavation plan should be prepared as a part of the mitigation plan. Further, Appendix K states that the excavation plan shall be a brief summary of the excavation, available on a need to know basis, and not include the specific location of the archeological site. In preparing our response to your request we have obtained the following documents: 1. Instruction for Completing the California Historic Resources Inventory Form, June, 1990; 2. Information Center of the California Archeological Inventory Listing; 4014Q r,lr Ms. Leslie Blodgett January 15, 1992 Page Four 3. Historic Resources Inventory Form; 4. California Archeological Inventory Handbook for Completing an Archeological Site Record; 5. Archeological Resource Management Reports (ARMR): Recommended Contents and Format; , 6. California Archeological Site Inventory Information Procedural Manual, March, 1991; 7. A copy of Government Code Section 21803.2; and 8. Appendix K to the CEQA Guidelines. If you do not already have copies and would like to see any of the above we will be happy to provide you with a copy of what ever you are missing. If you have further questions regarding these procedures, please do not hesitate to contact me. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Daw�Hone ell DCH/rkk Enclosures 4014Q