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1993 03 23 HPCLd 1982 - 1992 Ten Carat Deca HISTORICAL PRESERVATION COMMISSION A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California March 23, 1993 5:30 P.M. Beginning Minute Motion 93-004 CALL TO ORDER - Flag Salute ROLL CALL BUSINESS SESSION 1. National Preservation Week 2. Repository Agreements 3. Certified Local Government status 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 Commission meetings held on February 23, 1993. OTHER ADJOURNMENT STUDY SESSION MONDAY, March 23, 1993 4:30 P.M. 1. All agenda items. i"J.v'j001 PC/AGENDA - BI #1 STAFF REPORT HISTORICAL PRESERVATION MEETING DATE: MARCH 23, 1993 FROM: PLANNING & DEVELOPMENT DEPARTMENT SUBJECT: NATIONAL PRESERVATION WEEK BACKGROUND: The National Trust for Historic Preservation has proclaimed the week of May 9-15, 1993, as "Preservation Week". The event is being sponsored by Murphy's Oil Soap. The theme of the celebration is "Preservation and Livable Communities: Make the Connection!". The National Trust is promoting the event as the "perfect opportunity for us to make the connection between historic preservation and the aesthetic, environmental and economic well- being of livable communities". City involvement could include a proclamation by the Mayor, photo opportunities, presentation of Certificate of Appreciation to the Historical Society and others, and other events as desired. Contact has been made with the Historical Society concerning their participation. Initial response was positive about scheduling a special event sometime during the week. Other types of involvement could include local school participation, and open house tours of historic sites in La Quanta among other ideas. Staff is supportive of a local proclamation in order to participate in this national event. Benefits of participation largely include good publicity for the Commission, the City, and the Historical Society. Ultimate benefit consists of public awareness and education. RECOMMENDATION: Move to recommend to the City Council by Minute Motion 93- that the City proclaim the week of May 9-15, 1993, as "National Preservation Week", and call upon the citizens of La Quinta to recognize and participate in its observance. Attachment: 1. Draft Mayoral Proclamation 2. Preservation Week Newsletter HPCST.002 1 :.,,,.u00002 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA PROCLAIMING NATIONAL PRESERVATION WEEK. WHEREAS, historic preservation helps provide a deeper understanding of the diversity of our uniquely American heritage; and, WHEREAS, historic preservation enhances the livability of communities - from large metropolitan cities to small, Waal farming towns - across American; and, WHEREAS, Preservation Week 1993 provides an opportunity for citizens of all ages and from all walks of life to make the connection between historic preservation and the aesthetic, environmental and economic well-being of their communities; and, WHEREAS, "Preservation and Livable Communities: Make the Connection! "is the theme for Preservation Week 1993, cosponsored by the City of La Quinta and the National Trust for Historic Preservation: NOW, THEREFORE, I John Pena, Mayor of the City of La Quinta, do proclaim May 9-15, 1993, as National Preservation Week and call upon the people of La Quinta to recognize and participate in this special observance. ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California JOHN PENA, Mayor City of La Quinta, California �.J.uu, 00 BI #2 STAFF REPORT HISTORICAL PRESERVATION MEETING DATE: MARCH 23, 1993 FROM: PLANNING & DEVELOPMENT DEPARTMENT SUBJECT: REPOSITORY AGREEMENTS - INFORMATIONAI. ITEM BACKGROUND: During the meeting of February 23, 1993, the Commission raised the question concerning curation of artifacts discovered at local archaeological sites. Staff was directed to research the issue and report back. Thus far, Staff has received a copy of draft guidelines for the curation of archaeological collections prepared by State Historical Resources Commission. The document gives a thorough discussion on the process of curation and proposed criteria for repositories. In the appendices there are sample agreements and contracts. Staff has contacted the Palm Springs National History Museum about their curation policies and agreements, but has not received the requested information at this writing. Please turn your attention to Page 6 of the Guidelines for a definition of "Qualified Repository", and to the appendices. As conditions of approval are formulated for development projects, the requiring of curation of artifacts from sites in local museums, etc., thought must be given to the proposed repository's qualifications and to the type of agreement/contracts that will be required. Staff will continue to research these issues and develop wording for inclusion in project conditions of approval. Attachments: 1. Draft State of California Guidelines for the Curation of Archaeological Collections. HPCST.004 1 =.J.uU, 004 Proposed Society of California Archeology Guidelines, 07/22/92 Revised by State Historical Resources Commission Curation Task Force Subcommittee, 08/20/92, 10/23/92 D R A F T S T A T E O F C A L I F O R N I A GUIDELINES FOR THE CURATION OF ARCHEOLOGICAL COLLECTIONS State Historical Resources Commission Department of Parks and Recreation Resources Agency State of California (date of adoption) MAR 0 8 1993 A�.U0, 00� -02- TABLE OF CONTENTS Purpose 3 Authority 4 Applicability 4 Definitions 5 Assembling Collections 7 Selection of Repositories 9 Criteria for Qualified Repositories 10 Guidelines for the Acquisition of Archeological Collections 11 Guidelines for Archeological Collections Management Policy 11 Appendices 16 Appendix A - Example of Curation Terms for CRM Contracts 17 Appendix B - Example of Deed of Gift for Archeological Collections 18 Appendix C - Example of a Use Agreement for an Archeological Collection 19 Appendix D - Example of a Short -Term Loan Agreement for an Archeological Collection 20 Appendix E - Example of a Contract for Curation Services 21 ,.J.uu.00E -03- D R A F T STATE OF CALIFORNIA FOR THE CURATION OF ARCHEOLOGICAL COLLECTIONS Purpose It should be noted that California's archeological sites are fragile and non-renewable. Avoidance and preservation are almost always preferable to mitigation measures involving data recovery excavation. In those instances where preservation in place is not the selected course of action, the curation guidelines are designed.to provide protection for archeological collections when they are recovered. The purpose of these guidelines is to ensure that archeological collections and their associated records are preserved and managed adequately so that future generations might use them to: 1. Enhance cultural traditions; 2. Conduct scientific research; and 3. Provide educational and heritage appreciation programs. These guidelines are provided to assist private and public curatorial repositories in preserving archeological collections of prehistoric and historic cultural materials and associated records recovered under the authority of existing State environmental laws, codes, and regulations or by the State of California. In addition they are provided to assist agency officials, organizations, and individuals in the selection of an appropriate repository. They address: Procedures to assemble, prepare, manage and preserve collections; Criteria to determine when a repository has the capability to provide permanent curatorial services; Procedures for the use of collections; and Terms and conditions for contracts, memoranda, and agreements, by which archeological collections are acquired by repositories. It is the policy of the State Historical Resources Commission to encourage the expansion of existing curation repositories and to promote the creation of new repositories to meet the goal of permanent preservation of materials removed from prehistoric and historic archeological sites by investigations conducted pursuant to environmental laws and regulations or by investigations conducted for legitimate J.J.0 U 0 0 -04- scientific and educational purposes. The state encourages public and private organizations to meet these needs. Special consideration and assistance should be given to Native American tribal organizations and other cultural groups with heritage concerns for archeological collections in the state. Additionally, private sector contracts or joint public/private initiatives should be encouraged to meet the current crisis in the declining availability of adequate curation facilities. Authoritv These guidelines apply to archeological collections and associated records created pursuant to environmental laws and regulations such as the California Environmental Quality Act (1970 Cal. Stats. 1433, as amended), the CEQA Guidelines promulgated by the Secretary of Resources, and the guidelines for archeological resources promulgated by the Office of Historic Preservation, or by investigations conducted for legitimate scientific and educational purposes. These guidelines are established by the State Historical Resources Commission pursuant to their authority in the Public Resources Code, Section 5020.5(b): "The commission shall develop guidelines for the reasonable and feasible collection, storage, and display of archeological specimens." These guidelines are written to supplement the "Curation of Federally -Owned and Administered Archeological Collections" (36 CFR 79), and are not intended to supersede those regulations as required by federal laws and regulations. Applicability These guidelines pertain to collections that are excavated or removed from prehistoric or historic archeological sites on non-federal public and private land in the State of California. Such collections often result from a prehistoric or historic resource survey, excavation, or other study conducted in connection with a state or local governmental agency permit or application for approval. The materials within a collection may include the property of a landowner who grants ownership of the collection to the repository selected for permanent curation, either through compliance with a Condition of Approval issued by a lead agency responsible for the enforcement of environmental laws and regulations, or by virtue of a written agreement. Data generated during the survey, excavation, and creation of -05- the collection are considered part of the collection. originals or copies of these data are to be kept at the same repository where the collection is housed. Any repository providing curatorial services for a collection created pursuant to state or local government laws and regulations must possess a collection policy and management plan that insures the capability to provide adequate permanent curatorial services, and also safeguard and preserve the associated records and materials that are deposited in its care. Archeological collections and their associated records that are created by compliance with state environmental laws, regulations, and guidelines must be housed at qualified repositories that have capability to ensure adequate permanent storage, security, and ready access to qualified users. Definitions Archeological Collection: Materials that are excavated or removed during an archeological investigation, such as a survey or excavation of a prehistoric or historic archeological resource, and associated records that are prepared or assembled in connection with the survey, excavation, or other study. These may include but are not limited to: 1. Intact or fragmentary artifacts of human manufacture (such as tools, weapons, pottery, basketry and textiles); 2. By-products, waste products, or debris resulting from the manufacture or use of cultural or natural materials (such as slags, dumps, debitage, and cores); 3. Organic material (such as plant and animal remains). Associated Records: Records and copies that are prepared or. assembled that document efforts to locate, evaluate, record, study, preserve or recover archeological resources. Curatorial Services: Managing and preserving a collection according to professional museum and archival practices, including, but not limited to: 1. Inventorying, accessioning, labelling, and cataloging a collection; 2. Identifying, evaluating, and documenting a collection; 3. Handling, cleaning, stabilizing, and conserving a collection in such a manner to preserve its integrity and significance for future research; 4. Storing and maintaining a collection using appropriate methods and containers, with appropriate environmental conditions and controls to ensure physical security; 5. Inspecting a collection periodically and taking such actions as many be necessary to preserve it; and 6. Providing access and facilities to study a collection. Some of these activities may normally be undertaken by the archeologist prior to transferring the collection to the curatorial facility. Qualified Collections Management Professional: A person who possesses knowledge, experience and demonstrable competence in museum and archival methods and techniques appropriate to the nature and content of the collection under the person's management and care, and commensurate with the person's duties and responsibilities at a qualified repository. A collections management professional should minimally have experience in collection management and a graduate degree from an accredited institution in anthropology, history, museum studies, or related discipline, or equivalent experience. Qualified Repository: A facility such as a museum, archeological center, laboratory, or storage facility managed by a university; college; museum; other educational or scientific institution; a federal state, tribal, or local government agency; or private institution (e.g., corporation or association) that can provide professional, systematic, and accountable curatorial services on a permanent basis in accordance with the guidelines provided under "Criteria for Qualified Repositories" (below). This requirement may be satisfied if the repository has a management plan to obtain the necessary professional expertise. Research Design: A written plan that provides the rational, goals, and methods for investigations of archeological sites including, but not limited to: 1. The scientific and anthropological reasons for pursuing the proposed investigation. 2. Hypotheses to be tested and the questions to be asked of the data; that is, what the investigator hopes to determine about past human activity including such items as occupational sequence, settlement patterns, subsistence strategies, chronology, trade and social networks, alliances, etc. 3. The explicit manner in which data will be collected and analyzed, and how these relate to the research goals. 4. Plans for consultation with affiliated Native Americans, and/or other cultural groups. J.4u u 010 -o7- 5. Inferential techniques to be used to interpret the data. 6. Schedule and work effort estimates. For additional information refer to "Guidelines for Archaeological Research Designs," Preservation Planning Bulletin Number 5, Office of Historic Preservation, February 1991. Assembling Collections When cultural materials are encountered as the result of a prehistoric or historic resource survey, excavation , or other study, archival procedures must be followed and decisions must be made by qualified archeologists as to what must be recorded, discarded, or saved for a permanent collection. Decisions to eliminate material may have to consider hazards to health and safety, deterioration of material beyond its ability to be preserved, redundancy of artifact types, importance for scientific research, heritage appreciation, or educational value, or its age being too recent to qualify as historical. Such decisions also must consider practical factors, such as weighing the costs of curation against the present and potential heritage and research values of the materials. When a qualified archeologist conducts a prehistoric or historic resource survey, excavation, or other study, the collection strategy should be stated in the research design and approved by the lead agency responsible for the enforcement of environmental laws and regulations in consultation with the curator or collection manager of the selected repository. The goals of collection should be defined in the research design. In addition, archival storage and recordation practices and procedures should be coordinated with the curator or collections manager and included in the archeological budget, such as: 1. All paper products used for note -taking, catalogs,labels, and tags and bags should be archival quality; 2. A number 2 pencil should be used for notes; 3. Photographic images should be archivally processed and stored in archival quality holders. 4. Collections should be labelled as specified by the curator or collections manager. 1,a.0 . 011 IME When a qualified archeologist assembles a collection, the following issues should be considered in consultation with the curator or collections manager in charge of the repository: 1. What types of materials should be included within a collection? Decisions should be based principally upon the value of cultural materials for future research, heritage appreciation, education and interpretation. These values may vary in accordance with (1) the type of prehistoric or historic archeological resource investigated, (2) the research goals of the investigation, (3) concerns of culturally affiliated groups, (4) the distinctive curatorial goals of the repository, (5) specific regional goals specified in historic preservation plans, and (6) other factors. Accordingly, flexibility in the selection of materials for curation should be maintained. This should be governed by a collections management plan that addresses the management and research goals of the project, the types of materials to be collected and curated, and a sampling strategy that is acceptable to the principal investigator, review agencies, and recipient repository. The collections management plan should also contain a provision for periodic review so that future needs can be considered. Minimally, the collections management plan should include provisions that a representative sample of classes of cultural materials should be retained unless there is an overarching concern (e.g., health risk, repatriation of human burial remains to culturally affiliated Native American tribes, or impracticality of stabilization). Complete finished objects are generally rare and should receive high priority for research and interpretive display. Fragmentary objects with diagnostic attributes (e.g., patterns, complete dimensions, temporal attributes, stylistic attributes, makers' marks, use -wear marks, etc.) are important for comparative analysis and should generally be saved. Material with resides, chemicals, or elements potentially useful for future studies should be considered for retention. What amounts and percentages of materials should be saved? Considerations should include heritage values, future research potential, sampling theory, and practical storage limits. 3. Can organic and metallic materials survive untreated, or will they require conservation treatment? If treatment is required, what type of treatment is cum desirable and at what cost? If treatment cannot be assured, then all reasonable efforts should be taken to document the material attributes. Conservation measures for initial preservation should be completed prior to acquisition by the permanent repository, as part of the project proponent costs. Permanent conservation and maintenance measures should be the responsibility of the repository. In the event that all recovered materials will not be curated, the following should be considered: Have materials which are to be discarded been adequately documented? Could discarded materials be stored in containers labelled by provenance? Culled material need not be discarded as refuse. Controlled disposal could be implemented so that some materials would be stored in inexpensive containers at selected "deep storage facilities," not qualifying as curation repositories. In the event that re-examination were deemed necessary, at least some potential would exist that culled material could survive. Finally, the qualified archeologist who recovered the collection should provide the appropriate regional information center with the information regarding the location of each site specific collection so that this information can be incorporated into the site record inventory. Selection of Repositories Archeological collections should be curated only at qualified repositories, i.e., those that meet or exceed the following guidelines for the curation of prehistoric or historic archeological collections. Choosing which qualified repository will serve as the storage facility for a collection should include considerations of locality, heritage concerns, and research emphasis. Generally, collections should remain within the region from which they originated. To ensure ready access to site -specific collections, portions of a single collection should generally not be curated at multiple repositories. Additionally, the investigator should consider the advisability of curating new collections from a site at the same repository housing previous collections from that site. The selection of a repository should involve consideration of the cultural, scientific and educational value of the collection (e.g., a collection from a Chinese American site may best be curated at a Chinese American museum, or a collection from a Native American =910 site may best be curated by a qualified repository maintained by a tribal museum, or a collection from an historic railroad logging camp may best be curated at a railroad history museum). Such decisions should best reflect the needs of the entire collection, not a unique or special purpose portion of the collection. Repositories that have significant prehistoric and historic Native American collections should have a Native American on their Board of Directors, or a Native American Advisory Committee to provide assistance regarding Native American religious and heritage concerns. criteria for Qualified Repositories A repository shall be considered qualified to provide adequate permanent curatorial services for archeological collections when it is able to: 1. Provide and implement a written collections management policy that includes guidelines for the acceptance, maintenance, conservation, treatment, use, loan, transfer, disposal and/or deaccession of materials and associated records. 2. Accession, label, catalog, store, maintain, inventory, and conserve collections, or require the same of the donor or contractor, on a permanent basis using professional museum and archival practices. 3. Maintain complete and accurate records of its collections, including, but not limited to: accession records, catalog and artifact inventory lists, field notes, site records, reports, photographs, negatives, color slides, maps, oversized site and architectural drawings, collection inspection records, treatment and conservation records, loan records, and discard or lost material records. Records should be stored in archivally secure conditions in accordance with guidelines for other components of the collections (see below). 4. Dedicate facilities, qualified collections management professionals, staff, and equipment to store, study, and conserve its collections in accordance with contemporary professional guidelines and the guidelines addressed elsewhere in this subsection. .4.uu', 014 -11- 5. Provide physical security for its collections, including fire, water, biological, theft, and intruder protection. 6. Provide access to its collections to qualified professionals and legitimate public use and maintain formal use and loan agreement procedures. 7. Provide adequate space and facilities for the viewing and examination of cultural materials by qualified users. 8. Provide a long range management plan describing how and when the above criteria will be met and/or curation management capabilities improved. Guidelines for the Acquisition of Archeological Collections The following are guidelines for the acquisition of archeological collections by qualified repositories in compliance with state environmental laws, regulations and guidelines. Terms of Acquisition as Provided in Cultural Resource Management CRM Contracts: When agencies and consultants develop contracts with landowners for the recovery of archeological materials, language addressing the final disposition of the artifacts, specimens and associated records should be written into these contracts (see Appendix A). When artifacts, specimens and associated records are donated to a qualified repository, a formal Deed of Gift will be signed by the Donor and Recipient. This ensures that the collections were acquired legally (see Appendix B) . Guidelines for Archeological Collections Management Policy The following are guidelines for the preparation and implementation of a collections management policy to process, manage, curate archeological collections created in compliance with state environmental laws, regulations and guidelines. =a.U, 01 c -12- Statement of Purpose Should include the kinds and scope of collections to be curated, the geographical and/or tribal areas to be served, the kinds of services available. Procedures for the Management of Archeological Collections 1. Collections should generally be stored cleaned, stabilized or conserved as appropriate. However, due to the potential research value for materials left in their original state, some materials designated by qualified archeologists should be stored uncleaned to preserve unique residues, chemicals, or elements. 2. Collections shall be cataloged in such a way as to indicate their official state identification number and intra-site provenance, when such information exists. Generally the repository should insist that the qualified professional complete the labelling and cataloging of the collection prior to acceptance by the repository. Items should be placed in archivally stable containers (e.g., polyethylene bags where appropriate) with the exterior permanently labelled, and an archivally stable label with the appropriate provenance information placed within the container. 3. Storage should be appropriate to the type and sensitivity of the materials. For example stable items can be stored on open shelves or placed on display, while unstable items and groups of items should be stored in archivally stable containers and labelled for identification. 4. An inventory of all storage containers should be created to indicate their contents and storage location. If items are removed from storage for a period exceeding immediate use, a note should be made to the inventory and a tag included within the storage container indicating the date of removal, the person who removed the item, and identification of its new location or reference to its loan agreement. 5. If material conservation (e.g., impregnation with polyethlene glycol) or collection treatment (e.g., application of an insecticide to the building) is conducted, a record of the process and chemicals used ". A.ii 0 016 -13- should be kept. This record may be crucial for determining material contamination when future researchers conduct scientific analyses. Procedures for the Management of Associated Records 1. At least one copy of the reports, field notes, artifact catalogs, photographs and negatives, maps, and other site records should be housed at the same repository storing the archeological collections. It is recommended that all records be produced on archivally stable materials. For security, at lease one duplicate copy of all records is recommended to be stored in a second secure location. 2. Paper records must be stored in archivally stable containers, file drawers, map and photographic cabinets, not on open shelves. Records that indicate the locations of resources should be stored in secured containers, drawers, or cabinets. 3. Electronic records (e.g., magnetic and optical disketts and tapes) must have a hardcopy record, as they are not regarded as archivally stable media. Electronic media (especially magnetic media) deteriorate over a period of years when they are not used. Furthermore, because of ever -changing hardware and software, electronic media may soon become unreadable unless their period hardware and software are also available. 4. An inventory of all records should be created to indicate the contents and storage location of each container, file, and cabinet with reference to the repository's accession numbers and site identification numbers. If items are removed from storage for a period exceeding immediate use, a note should be made to the inventory and a tag included within the container, file, and cabinet indicating the date of removal, the person who removed the record, and identification of its new location or reference to its loan agreement. 5. Because archeological site records are housed at regional information centers throughout the state, repositories should notify each appropriate center of the site -specific collections housed at the repository. Information provided should include the site name and trinomial and the repository accession number. -14- Deaccessionina List the criteria for deaccessioning an item or collection. Determine who makes the decision to deaccession and what disposal methods are appropriate. Ordinarily, objects should not be sold but rather donated or traded to other research or educational institutions. Inventory Control Describe procedures to systematically and periodically inventory curated objects and associated records. Spot check inventories are not sufficient. Develop procedures to be followed if curated items are mission. Emergency Plans Explain steps to provide physical security for collections against fire, water, pests, earthquake, theft, and vandalism. Outline staff procedures in response to an emergency. Use of Collections Archeological collections should be available for scientific, cultural, educational, traditional, and other legitimate public uses, subject to such terms and conditions as are necessary to protect and preserve the scientific, interpretive or cultural importance and uniqueness of the collection. Access to associated records that contain locational information should be restricted to ensure that disclosure would not create a risk of harm, theft or destruction to the sites from which collections were obtained. Individuals requiring locational information should be referred to the regional information center responsible for archiving cultural resource data. See Appendix C for a sample of a use agreement for an archeological collection. No collection or portions of a collection should be loaned without a written agreement between the repository and the borrower. Such agreements shall identify the borrower, institutional affiliations, reason for loan, catalog of items, condition of items, conditions of loan, and termination date. If the material has a demonstrable monetary value, then proof of insurance or a bond could be requested. Original records should never be loaned; rather, copies of documents should be provided. See Appendix D for a sample of a short-term loan agreement for an archeological collection. ;. 01�1'� -15- Funding for Permanent Collections Each repository is responsible for establishing its fees, based upon the required storage volume (or other standard measure) of collections (e.g., $500 per cubic foot). These fees should take into account standard labor costs, costs of supplies, as well as local property values/taxes. To provide for permanent curation, funds should be invested so that income from investments cover collection maintenance expenditures, including expenses for utilities, salaries, supplies, postage, and other overhead costs. Repositories should ensure that appropriate funds are invested to procure income to cover the permanent costs of operation. Funds for capital expenditures and major equipment should be sought from diversified sources, including: government and private grants, public fund-raising events, and loans from financial institutions. The State Historical Resources Commission encourages state agencies to designate appropriate funds for curatorial facilities to ensure the availability of adequate repository facilities to meet the agencies' ongoing needs. F 010 -16- A P P E N D I C E S '��.v n G c -17- APPENDIX A (These are examples only and may be flexibly applied.) EXAMPLE OF CURATION TERMS FOR CRM CONTRACTS Artifacts, specimen' and associated records from the <Name of Project> are to be unconditionally donated to the <Name of Repository> for the purpose of long-term curation as an archaeological collection. All materials submitted for curation will be properly catalogued and inventoried by provenance and material or record type, according to written instructions <Attachment 1> of the <Name of Repository>. The <Name of Proper Owner> agrees to sign a Deed of Gift <Attachment 2> and to pay the estimated sum of <S > to the <Name of ReDository> for its curation services. As a good faith measure, the <Name of PropcM Owner> agree to pay <percentaee> of the estimated sum for curation to the <Name of Repoc_itol > upon signature of this contract. If these funds exceed the estimated cost for curation, the <Name of Repositorv> will reimburse the <Name of Proper Owner> upon final receipt of a Deed of Gift for the archaeological collection. 1 021 (These are examples only and may be flexibly applied.) EXAMPLE OF A DEED OF GIFT FOR ARCHAEOLOGICAL COLLECTIONS Artifacts, specimens and associated records, hereinafter called the Gift, listed in Attachment A to the Deed of Gift, were recovered from the sites listed in Attachment B in connection with the <Nam of Prnl ct>. These sites are located on lands to which title is held by <Name of Donor> hereinafter called the Donor, and that the donor holds free and clear title > the artifacts and specimens; and that the Donor is desirous of donating tto he Gift tthe <iVame of R oocitory> hereinafter called the Recipient, to ensure their continued preservation and protection as an archaeological collection. The Donor does hereby unconditionally donate to the Recipient, for unrestricted use, the Gift listed in Attachment A to this Deed of Gift; and the Recipient acknowledges receipt of this Gift, upon payment of the mutually agreed fee of $ Donor <sienature> Date: Recipient <sienaturc> Date: '-- O i; 0212 -19- APPENDIX C (These are examples only and may be flexibly applied.) EXAMPLE OF A USE AGREEMENT FOR AN ARCHAEOLOGICAL COLLECTION I, <Name of User>, agree to use the artifacts, specimens and associated records from <Name or Trinomial of Site>. collected from the <Name of Frgject> in a manner that will not damage or alter the objects, except as may be prescribed in Attachment A, by mutual agreement with the <Name of Reposi_ tort' and Legal Owner (if different)>. I agree to acknowledge and credit the Legal Owner and the Repository in any exhibits or publications resulting from this use. The credit line shall read as follows: "Courtesy of the <Name of Re osito and pgal Owner (if different)>." I agree to provide the Repository and the Legal Owner with copies of any resulting publications. User > Date: Repository <signatur > Date: .wJ.O G Q n l PA*Q Wr��:��� (These are examples only and may be flexibly applied.) EXAMPLE OF A SHORT-TERM LOAN AGREEMENT FOR AN ARCHAEOLOGICAL COLLECTION The <Name of Reoository>, hereinafter called the Repository, agrees to loan to <Name of Borrow r> hereinafter called the Borrower, certain artifacts, specimens and copies of associated records listed in Attachment A, hereinafter called the Collection, which were collected from the <Name or Trinomial of R so tt > . The collection was recovered in connection with the <Name of Project>. located in <Name of the near City or Town>- county of <Name of County>, State of <Name of State>. The collection is the property of the <Name of T PYal Owner> hereinafter called the Legal Owner. The Collection is being loaned for the purpose of -cite Vutmse>. beginning on <Month_ Day. Y_ear> and ending on <Month. Day. Year>. During the term of the loan, the Borrower agrees to handle, package and ship or transport the Collection in a manner that protects it from breakage, loss, deterioration and contamination, in conformance with the terms and conditions stipulated in Attachment B to this loan agreement. The Borrower agrees to assume full responsibility for insuring the Collection or for providing funds for the repair or replacement of objects that are damaged or lost during transit and while in the Borrower's possession. Within five (5) days of discovery, the Borrower will notify the Repository of instances and circumstances surrounding any loss of, deterioration and damage to, or The Borrower agrees to acknowledge and credit the Legal Owner and the Repository in'any exhibits or publications resulting from the loan. The credit line shall read as. follows: "Courtesy of the <Name of Leon] Owner and Renositorv> " The Borrower agrees to provide the Repository and the Legal Owner with copies of any resulting publications. Upon termination of this agreement, the Borrower agrees to properly package and ship or transport the Collection to the Repository. Either parry may terminate this agreement, effective not less than < Number > days after receipt by the other parry of written notice, without further liability to either party. Repository <signature> Date: Borrower <sien ture> Date: -� 024 -21- APPENDIX E (These are examples only and may be flexibly applied.) Example of a Contract for Curation services Artifacts, specimens, and associated records, hereinafter called the Collection, listed in Attachment A to this curation agreement, were recovered from the sites listed in Attachment H to this curation agreement. These sites are located on lands to which title is held by [Name of Landowner]. Title to the Collection is held free and clear by [Name of Assignor] who has legal authority to make this agreement. The described Collection is conveyed by [Name of Assignor] to [Name of Repository], hereinafter called the Repository to ensure its continued preservation, protection, and accessibility as an archaeological collection, subject to the conditions on page two of this agreement. The term of this contract shall extend [begin date] to [end date)/ for perpetuity. [Name of Assignor] provides $XXXX to the Repository to support the continued curation of the Collection. Signature of authorized representative, title, date Institution's name and address OR Assignor's signature, address, date The Repository hereby accepts this collection for curation subject to the provisions on page two of this agreement. Signature, title, date Office address -22- Curation Agreement Conditions 1. The Repository will incur no expense to accept or return the Collection to the Assignor, except as by previous written agreement. 2 The Repository will safeguard the Collection in its custody in the same manner as its own property and consistent with the State of California Guidelines for the Curation of Archaeological Collections. 3. The Assignor estimates the value of the Collection to be $XXXX. This figure is only an estimate and is not binding on the Repository. Pursuant to this agreement, the Assignor hereby: reserves the right to approve any requests which would remove the Collection or portion of the Collection from the facilities of the Repository _yes no in all other matters permits the Repository to make all decisions regarding the availability of the Collection to other institutions or individuals for exhibit, research, inspection, or publication without consultation with the Assignor insofar as that action conforms to the stated policy of the Assignor and applicable federal and state laws and regulations. Ayes no permits the Repository Lo make all decisions regarding analysis which may be destructive to a portion of the Collection from the facilities of the Repository ^yes no reserves the right to approve any requests for analysis which is destructive of any portion of the Collection. _yes ,no permits the Repository to copy or photograph the Collection for its own use, and to make copies and photographs available for research, exhibit, or publication with the following credit line ves no reserves the right to approve any requests for commercial use of copies or photographs of the Collection, but permits the Repository to copy or photograph the Collection for its own use, and to make copies and photographs available for others for research or educational purposes only with the ��.t, 0 2 E -23- following credit line reserves the right to inspect the conditions of curation of the Collection at a time to be mutually agreed upon by the Assignor and the Repository Yes no 5. This contract may be terminated by the Assignor or the Repository by providing 30 days written notice. For those agreements that cite an ending date, this agreement may be renewed subject to the approval of both the Assignor and the Repository. 6. The Repository will release the Collection to the Assignor upon the surrender of this curation agreement, or upon receiving written order from the Assignor. 7. It is the responsibility of the Assignor to promptly send notification in writing of any change of address or change in ownership of the Collection. R. In the event of the death of the Assignor or dissolution of an Assignor agency, a legal agent is requested to notify the Repository as soon as possible in writing, giving the full name and address and interest in the collection. The agent will also furnish an applicable legal documentation to the Repository. 9. If the Collection is not claimed with seven years from the termination date of this contract, if any, title to the Collection shall vest in the Repository, free from all claims of the Assignor and of all persons claiming through or under the Assignor. '.A.01J 02 ;` BI #3 STAFF REPORT HISTORICAL PRESERVATION MEETING DATE: MARCH 23, 1993 FROM: PLANNING & DEVELOPMENT DEPARTMENT SUBJECT: CERTIFIED LOCAL GOVERNMENT APPLICATION STATUS BACKGROUND: City Council will be given an informational presentation on the CLG program in the next few weeks. Staff is waiting for comments on the existing Preservation Ordinance from the Sacramento SHPO office before going to Council with the recommendation for application for certification. HPCST.003 1 •.Ui 02S CC 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 February 23, 1993 I. CALL TO ORDER A. The meeting was called to order at 5:33 P.M. by Chairwoman Barrows and Commissioner Ellson led the flag salute. H. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commission Members Mosher Ellson, Marrs, Adolph, and Chairwoman Barrows. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand-Cherry, and Department Secretary Betty Anthony. III. BUSINESS SESSION: A. Presentation by Mr. Drew Palette President of the Coachella Valley Archaeology Society 1. Associate Planner Leslie Mouirquand-Cherry introduced Mr. Palette to the Commission. Mr. Palette reviewed with the prehistory of La Quinta with the Commission and pointed out some of the prehistoric sites. He went on to state that the Coachella Valley Archaeology Society (CVAS) has about 200 members and their primary purpose is public education and outreach. 2. Commissioner Ellson inquired where the archaeology find at the Wal-Mart site had been taken to. Mr. Palette stated it was being curated at the University of California at Riverside (UCR). 3. Commissioner Marrs stated he was glad to hear the City was actively involved in preserving these sites. HPC2-23 1 ;.a _., 02c Historical Preservation Commission Minutes February 23, 1993 4. Planning Director Jerry Herman asked Mr. Palette to explain to the Commission the phasing process during an archaeology study. Mr. Palette stated there were three main parts to the study: a. Survey and identify the site. b. Testing and determining the significance. C. If found to be significant, preserve or recover the artifacts. Mr. Palette went on to elaborate on the process and Commissioners asked questions concerning the process. 5. Commissioner Ellson inquired if there were only three tribes that were recorded to have lived in this area. Mr. Palette stated there were three groups of Indians but they were all basically a part of one tribe, the Cahuilla. 6. Commissioner Ellson asked if it was possible for the City to retrieve the artifacts that had been collected in order to establish our own museum. Mr. Palette explained to the Commission the difficulty in caring for the pieces and unless La Quinta had a museum in place with the ability to preserve the artifacts, it could be detrimental to the artifacts. In addition, it sometimes can be difficult to determine who actually owns the artifacts. 7. Commissioner Adolph asked whether property owners could be conditioned to donate the artifacts to the City. Mr. Palette suggested the City invite someone from the UCR to answer these questions. 8. There being no further discussion, Chairwoman Barrows thanked Mr. Palette for taking the time to educate the Commission on so many areas. B. Certified Local Government Status 1. Assistant Planner Leslie Mouriquand-Cherry explained what a Certified Local Government was and the process it would take for the City to become certified. 2. Chairwoman Barrows asked Staff to clarify what information Staff needed from the Commission. Staff explained that this would better be handled during a study session, but basically Staff suggests that the Historical Preservation Commission petition the City Council to see whether they desire the Historical Preservation Commission to file for the Certified Local Government status. HPc2-23 2 03r Historical Preservation commission Minutes February 23, 1993 3. Commissioner Mosher asked if the Historical Preservation Commissioners based on their resumes, would qualify. Staff stated that most of the Commissioners would, but the City could also qualify by having an advisory staff member or adding an additional member(s) from the community who held the expertise needed. 4. Following discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to recommend to the City Council that the Historic Preservation Commission apply for the Certified Local Government Certification as described in the Staff report as Option #2. Unanimously approved. C. Discussion on preservation issues with the La Ouinta Historical Society members 1. Mr. Fred Rice, Chairman of the Historical Society introduced the Boardmembers who were present, and stated their willingness to work with the Commission on any issues they so desired. He further stated there needed to be a Historical Preservation Ordinance adopted by the City. Mr. Rice then displayed a pictorial history of La Quinta as well as brochures that had been published by the Society. 2. Commissioner Adolph asked the Society if they had any knowledge of how the City could have archaeological artifacts held in the City. Discussion followed between the Commission and the Society members. Following the discussion, the Commission asked Staff to check into methods of keeping artifacts in La Quinta. It was suggested that an agreement could possibly be made with Palm Springs Museum to keep the items stored there until La Quinta could establish their own. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR - None VII. OTHER - None VIII. 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 on March 23, 1993, in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 6:50 P.M., February 23, 1993. HPC2-23 3 031