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2004 10 21 HPC�2 CF�1 OF TKE9 HISTORIC PRESERVATION COMMISSION The Regular Meeting to be held in the Session Room at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California OCTOBER 21, 2004 3:00 P.M. Beginning Minute Motion 2004-030 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for citizens to address the Historic Preservation Commission on matters relating to historic resources within the City of La Quinta which are not Agenda items. When addressing the Historic Preservation Commission, please state your name and address and when discussing matters pertaining to prehistoric sites, do not disclose the exact location of the site(s) for their protection. III. CONFIRMATION OF THE AGENDA IV. CONSENT CALENDAR: A. Approval of the Minutes for the meeting of September 16, 2004 „„,v .001 V. BUSINESS ITEMS: A. Results of the Cultural Resources Monitoring Program; and Results of the Paleontological Resources Monitoring Program for Mountain View Country Club Applicant: Toll Brothers Archaeological Consultant: LSA Associates Location: North of Avenue 52 and east of Jefferson Street within Mountain View Country Club. B. Historical/Archaeological Resources Survey Report for Griffin Ranch Project Applicant: Trans West Housing, Inc. Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: Southeast corner of Madison Street and Avenue 54. C. Historical/Archaeological Resources Survey Report Applicant: ND La Quinta Partners, LLC Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: South side of Avenue 52, east of Madison Street Addendum Archaeological Studies for The Hideaway Applicant: ND La Quinta Partners, LLC Archaeological Consultant: McKenna et al. Location: Avenue 53, between Madison Street and Monroe Street in the future Hideaway project site. D. Historical/Archaeological Resources Survey Report for Tentative: Tract Map 32848; and Paleontological Resources Survey Report for Tentative Tract Map 32848 Applicant: MDS Consulting for Richard Hughes Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: North side of Avenue 60, west of Madison Street VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMISSIONER ITEMS: VIII. ADJOURNMENT 0G2 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA September 16, 2004 This meeting of the Historic Preservation Commission was called to order by Chairman Allan Wilbur at 3:06 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 Mouriquand, Puente, Sharp, Wright, and Chairman Wilbur Staff Present: Interim Department Planner Stan Walker. II. PUBLIC COMMENT: None Community Development Director Oscar Orci, Principal Sawa, and Secretary Carolyn III. CONFIRMATION OF THE AGENDA: Commissioner Wright requested the reading and approval of the minutes be postponed until the end of the meeting. It was moved and seconded by Commissioners Wright and Puente to discuss and approve the minutes of August 19, 2004 under Commissioner Items C. Unanimously approved. lv�91630N.]A 1Ill :1114Il V. BUSINESS ITEMS: A. Phase I Cultural Resources Investigation for Tentative Tract Map 31874; and Paleontological Assessment Report for a 40-acre site for Tentative Tract Map 31874. Applicant: Stonefield Development Consultants: San Bernardino County Museum, Division of Geological Sciences and The Keith Companies Location: Northwest corner of Monroe Street and Avenue 53. 003 P:\CAROLYN\Hist Pres Com\HPC 9-16-04.doc Historic Preservation Commission September 16, 2004 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. Interim Community Development Department Director Oscar Orci asked that it be stated for the record that Commissioner Mouriquand was present, will be absent from this item due to a conflict of interest, as she had participated in the preparation of this report. 3. Commissioner Sharp asked in what city the property was currently located. Staff replied the property is currently in an unincorporated County area, in La Quinta's Sphere of Influence, and is in the process of being annexed. The project is scheduled to be heard by LAFCO (Local Agency Formation Commission) next week. Commissioner Sharp also asked about the survey in 1999 and the comments about the property being inaccessible. Staff replied the report didn't state why the property was inaccessible but the consultant may have been unable to survey the property because it was a working vineyard at the time. 4. Commissioner Puente commented she thought the report was very complete, put together well, and interesting to read. She questioned whether the Native American contact list was the most current list available. Staff replied it should be the most up-to-date list. Commissioner Puente added she concurred with staff conditions. 5. Commissioner Wright said he thought this was a good report and liked the fact that the original deeding was put: in the report. He agreed with staff recommendations on monitoring. 6. Commissioner Puente commented this was one of the most complete reports the Commission had ever received and it was a very good reference. 7. Chairman Wilbur said he could only echo everyone else's comments as well as to state this was a very well documented report and had all the pertinent correspondence with the proper parties contacted. ��...v 0 0 4 Historic Preservation Commission September 16, 2004 8. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2004-027 approving the Cultural Resources Report as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mouriquand. ABSTAIN: None. 9. Principal Planner Stan Sawa presented the information contained in the staff report regarding the Paleontological Assessment Report, a copy of which is on file in the Community Development Department. 10. Interim Community Development Department Director Oscar Orci asked that it be stated for the record that Commissioner Mouriquand was present, but is absent for this item due to a conflict of interest, since she had participated in the preparation of this report. 11. Commissioner Puente asked if Paleontological findings are brought back to the Commission in the form of a list, or other form of follow-up report. Staff replied the Consultant does a record survey and the information is collected, but is not brought back to the Commission for review. The artifacts are either kept for future use by the City, or taken to a designated Museum. The City maintains an inventory of what was found. 12. Commissioner Sharp stated Commissioner Puente may have been asking about the completion (conclusion) of the reports. The reply she was given referred to the listing and collection of artifacts in a report. 13. Commissioner Puente replied she was referring to both the written report and the artifacts. She wanted to know if the monitoring report ever came back to the Commission. Staff replied, after monitoring, the consultant is supposed to prepare a report for the City which does have what was found during the monitoring. This report isn't usually brought back to the Commission. Occasionally, a project such as the Point Happy Ranch, which was specifically designated to be reviewed by the Commission, will be brought back. The City keeps all the monitoring information and artifact inventory in the project files. Commissioner Puente commented that unless there was a major 3 Historic Preservation Commission September 16, 2004 discovery, such as human remains, the report would not be brought back to the Commission. Staff replied that was correct. 14, Commissioner Wright said the Commissioners could always contact staff to find out the results of the surveys. He added when the City's Museum was built everything would be filed, according to report, in the Museum. Staff commented that human remains are handled by the Coroner's Office and they determine whether or not they are historical and take the necessary measures to contact the local tribes, if appropriate. Staff gave examples of some of the artifacts which were previously presented to the Commission. 15. Commissioner Puente said it would be nice to find out what happened on a project. Staff replied if anything of significance was found, they would notify the Commission. 16. Chairman Wright asked if the staff recommendations encompassed all the recommendations made by the consultant. Staff replied they did include all the recommended conditions and may have even overlapped the consultant's recommendations. 17. Commissioner Wright complimented staff on the addition of proof of retention of monitors prior to earth moving. He also agreed with staff's recommendations for on- and off -site monitoring. 18. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-028 approving the Paleontological Assessment Report as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mouriquand. ABSTAIN: None. B. Phase I Cultural Resources Investigation of a 17,883 square foot piece of lot. Applicant: James F. Kelly Archaeological Consultant: The Keith Companies (Leslie Mouriquand) Location: Southwest corner of Desert Club Drive and Calle Barcelona a.,, 006 4 Historic Preservation Commission September 16, 2004 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. Interim Community Development Department Director Oscar Orci asked that it be stated on the record that Commissioner Mouriquand was present for the meeting, but will be absent from this item due to a potential conflict of interest as :she had participated in the preparation of this report. 3. Commissioner Sharp had a question about the definition of Old Town and the Village Area. Staff replied Old Town La Quinta was the name of a commercially -developed project in the designated Village Area. 4. Commissioner Puente had a question about the contact list dated May 2004. The contacts were not the same as the contacts in the previous report. She asked if this list was the newest one. Staff replied it should be the most current. 5. Commissioner Wright stated he agreed with the staff's recommendations. 6. Commissioner Puente commented this report was very complete and a good reference. 7. It was moved and seconded by Commissioners Puente and Wright to adopt Minute Motion 2004-029 accepting the Phase I Cultural Resources Investigation as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mourriquand. ABSTAIN: None. 8. Commissioner Mouriquand rejoined the meeting. 9 Historic Preservation Commission September 16, 2004 VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioner Wright brought in several newspaper articles which were distributed to the Commission. Copies are on file in the Community Development Department. VII. COMMISSIONER ITEMS: A. Discussion of Native -American Heritage Commission and Local Tribes for Cultural Resources Assessments (Notification Protocol). Interim Community Development Department Director Oscar Orci presented the information contained in the memo, a copy of which is on file in the Community Development Department. 2. Commissioner Wright asked if staff wanted the Commissioners to vote on the Notification Protocol. Staff replied the Commissioners could review the recommendations and if they concurred, make a motion to recommend a policy to the City Council. The Commission could also review the information and make a recommendation at a later meeting. The policy requires the applicant, or his agent, to notify the Native American Historical Commission and local Native American Tribes. The City would keep an up-to-date contact list for preparation of Cultural Resources Assessments. The notice would include the project description, location, and a request for comments from the Tribes. The proof of mailing and any comments could be incorporated in the Cultural Assessment Report. Staff added there could be a notation that any failure to comply with the notice could result in a continuance, or rejection of the report. 3. Commissioner Wright agreed and suggested that the Commission recommend approval of the policy to the City Council. 4. Commissioner Mouriquand commented on the mandated SB 18 guidelines and the City's compliance. She stated the guidelines were well written. 008 6 Historic Preservation Commission September 16, 2004 5. It was moved and seconded by Commissioners Wright and Sharp to recommend adoption of the policy to the City Council, as outlined in the memo. Unanimously approved. B. Staff asked if all Commissioners had received SB 18. The Commissioners replied they had not. Staff said they would provide a copy in the next packet. C. Approval of the Minutes of August 19, 2004. 1. Commissioner Wright was not in attendance for the August 19, 2004 meeting, but in reading the minutes had replies to some of Commissioner Mouriquand's questions on Business Item A. #8 and #15. He stated the Honey Mesquite trees don't transplant well and are thorny, thereby creating a liability for their owners. The trees sprouted well from seed, but they were currently left off all current Architectural Plant Palette lists because they are extremely dirty. Chilean Mesquite was the only variety approved on the Plant Palette List since they don't have the problem with thorns. He said leaving trees on the existing property would be a good idea as well as a good will gesture towards the Native Americans. 2. Commissioner Mouriquand asked if the seeds and pods could be harvested before the trees were removed. She suggested the indigenous seeds could be made available to anyone interested in perpetuating Honey Mesquites in the area. Staff suggested the Commission could add this recommendation to any future projects regarding the collection of seeds, or transplanting of indigenous trees. Staff added the ALRC (Architecture and Landscape Review Committee) did have a concern about the Honey Mesquite trees and their maintenance. 3. Commissioner Mouriquand commented the Mesquite wood was used for a variety of traditional Native American arts and crafts. She suggested the developer might want to contact the local tribes to ask them if they would like have some of the wood, or seeds, from these trees to foster good relations with the local tribes. 009 7 Historic Preservation Commission September 16, 2004 4. Commissioner Wright said this was a good idea as there were a lot of Honey Mesquites being removed. He suggested an article be given to each of the Valley cities suggesting they consider harvesting the seeds or wood. 5. Commissioner Sharp said this would make a wonderful school project. 6. Staff recommended the Commission advise the applicants, on case -by -case basis for each project. Staff made the comment it is within the purview of the Commission, to make this suggestion. 7. Mr. John Goodman, of the Keith Companies, introduced himself and told the Commission there were some Tribal groups going back to their native practice of cremating tribal members and were having a hard time getting the prescribed varieties of wood. He recommended, since they needed several types of uncommon wood, the project wood could be salvaged and a letter written to the local tribes to collect the wood to stockpile in their Chapter Houses for traditional uses. He commented it would be a very good thing and suggested the Commission consider, or discuss, giving the Native Americans the opportunity to salvage this wood. Staff suggested, when appropriate, the Commission could add a requirement to the Conditions of Approval. 8. Commissioner Mouriquand said the Commission would have to rely on staff to tell them what kinds of plants are on the properties if it is not already presented in the Cultural Resources report. She said Staff needed to make sure the Commission got the information to know those resources were available. 9. Commissioner Wright suggested discussion of Landscape Resources be added to a future agenda. 10. Chairman Wilbur suggested the discussion be agendized fairly soon so it isn't forgotten. Staff asked what information the Commission would propose staff provide. 010 8 Historic Preservation Commission September 16, 2004 11. Commissioner Mouriquand suggested a Historic Landscape Tree Policy, 12. Commissioner Wright suggested adding a Historic Landscape Tree Policy in the standardized recommendations for monitoring and include it in each project. This policy would include the possibility of working with the Native Americans to preserve the wood, seeds, or by-products of the trees. Staff replied they would need to agendize the matter and specifically discuss thresholds on the number of trees. 13. Commissioner Mouriquand suggested including those types of trees traditionally used by the Native Americans which were becoming rare. Staff replied they would agendize this matter as the Commission would have to look at all the issues involved in a standardized recommendation. 14. Chairman Wilbur asked if this would be added as a recommendation, as opposed to a requirement, for the developers to consider. 15. Commissioner Mouriquand said this would give the Commission an opportunity to discuss the potential mitigation issues and the rationale behind them. She suggested it might be beneficial to get some input and advice from the local Native Americans. 16. Mr. John Goodman, of the Keith Companies, said the tribes would probably be happy to review a letter on the subject. The letter could discuss the possibility of native vegetation being removed, including creosote, and other native species, as well as large, viable Mesquite trees. They would then have the opportunity to comment on their disposition. 17. Commissioner Wright suggested staff contact Mr. Jim Cornett as he would be a good resource. 18. Commissioner Sharp commented this whole conversation was about saving Native American Heritage and there was still no representation, from the local tribes, to discuss these important issues. He emphasized it was very necessary for them to attend the meetings since these issues concern them. 011 9 Historic Preservation Commission September 16, 2004 19. Commissioner Mouriquand suggested the local tribes be invited for the next meeting to advise them of the importance of this agendized item. Staff replied they had been sending letters and agendas to the local tribes without success and suggested a personal invitation from Commissioner Mouriquand might produce more positive results. Commissioner Mouriquand assented to contacting them. 20. It was moved and seconded by Commissioners Mouriquand and Sharp to approve the minutes of August 19, 2004 as submitted. AYES: Commissioners Mouriquand, Puente, Sharp, and Chairman Wilbur. NOES: None. ABSENT: None. ABSTAIN: Commissioner Wright. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Mouriquand to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on October 21, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:52 p.m. Unanimously approved. Submitted by: Carolyn Walker Secretary 012 10 BI #A DATE: ITEMS: LOCATION APPLICANT: CONSULTANT: BACKGROUND: HISTORIC PRESERVATION COMMISSION STAFF REPORT OCTOBER 21, 2004 RESULTS OF THE CULTURAL RESOURCES MONITORING PROGRAM FOR MOUNTAIN VIEW COUNTRY CLUB RESULTS OF THE PALEONTOLOGICAL RESOURCES MONITORING PROGRAM FOR MOUNTAIN VIEW COUNTRY CLUB NORTH OF AVENUE 52, AND EAST OF JEFFERSON STREET IN MOUNTAIN VIEW COUNTRY CLUB TOLL BROTHERS LSA ASSOCIATES The study area is the 385 acre Mountain View Country Club site on the east side of Jefferson Street, north of Avenue 52. The project is under construction and was monitored for archaeological and paleontological resources during earth -moving, grading and major trenching operations. Previous Phase I and II investigations were conducted and completed between 2001 and 2002. DISCUSSION: Reports on the results of the monitoring for archaeological and paleontological resources has been submitted (Attachments 1 and 2). In both cases, artifacts and specimens were found as noted in the attached reports. Please review the findings as submitted. These reports complete the requirements for archaeological and paleontological mitigation. RECOMMENDATION: 1. Adopt Minute Motion 2004- , accepting the "Results of the Cultural Resources Monitoring Program", as prepared and recommended by LSA Associates. 2. Adopt Minute Motion 2004- , accepting the "Results of the Paleontological Resources Monitoring Program", as prepared and recommended by LSA Associates. ». 013 P:\Reports - HPC\10-21-04\rpt mtn view monitoring.doc Attachments: 1 . Results of the Cultural Resources Monitoring Program, (Commissioners only) 2. Results of the Paleontological Resources Monitoring Program, (Commissioners only) Prepared by: Stan Sawa, Principal Planner 014 P:\Reports - HPC\10-21-04\rpt mtn view monitoring.doc HISTORIC PRESERVATION COMMISSION STAFF REPORT DATE: OCTOBER 21, 2004 ITEM: HISTORICAL/ARCHAEOLOGICAL RESOURCES SURVEY REPORT FOR GRIFFIN RANCH PROJECT LOCATION: SOUTHEAST CORNER OF MADISON STREET AND AVENUE 54 APPLICANT: TRANS WEST HOUSING, INC. CONSULTANT: CRM TECH (MICHAEL HOGAN, PRINCIPAL) BACKGROUND: The study area is 196-acres in size and located on the south side of Avenue 54 east of Madison Street. The site surrounds a property that has been developed with a large estate and related improvements. This property, which was a part of the large estate until recently, is mostly vacant with land forms consisting of distinct areas of desert land, past and existing agricultural uses, a race track and a modern -era shed. The City is currently processing applications to allow a single-family residential development on the property (TT 32879). A Phase I (survey level) Archaeological/Historical Resources Assessment has been completed for the property in accordance with the ARMR format. The Assessment includes a record search and field reconnaissance of the property. This Assessment will be part of the environmental review required by the California Environmental Quality Act (C'EQA) for the project applications. DISCUSSION: An archaeological records search for the property was conducted at the Eastern Information Center located at UC Riverside and in the CRM TECH library. The records search indicated the northwest quarter of the study area has been surveyed and seven prehistoric isolates consisting of pottery sherds have been recorded on that portion of the site. Within one mile of the site, the records search showed 12 previous surveys, resulting in 18 prehistoric sites and 55+ isolated finds identified. None of these previously recorded sites are located in the immediate vicinity of this project area. Historical background research was conducted at the Science Library Map Room at UC Riverside and at the Bureau of Land Management (BLM) office in Moreno Valley. The search indicated that no structures have existed on the property prior to the 1940's and 1950's. P:\Reports - HPC\10-21-04\rpt tt 32879 griffin ph 1 archaeo.doc 94- - 015 The on -foot field survey was conducted by walking parallel north -south and east -west transects spaced fifteen meters apart. As a result of this survey, six archaeological sites and five isolates were identified. No historic -era artifacts were observed on the ground. The report concludes that a testing and evaluation program is needed to determine whether the sites are "historic resources" and as such, require mitigation. This must be done prior to City of La Quinta action on the development proposal. The report details the procedures that need to be completed. Staff concurs with this determination. Because this survey was recently completed there is no indication in the report that the Native American Heritage Commission or local Native American tribes have been contacted for comment. To address this issue, the local tribes shall be contacted for comment prior to issuance of the first earth -moving or grading permit. One Native - American monitor shall be provided should the tribes request it. RECOMMENDATION: Adopt Minute Motion 2004- , accepting the "Historical/Archaeological Resources Survey Report Griffin Ranch Project City of La Quinta, Riverside County, California", as prepared and recommended by CRM TECH, and subject to the following conditions: A. The testing and evaluation program shall be completed and submitted to the Community Development Department for review by the Historic Preservation Commission, prior to Planning Commission review of the development applications for the property. B. The local tribes shall be contacted in writing for comments prior to issuance of the first grubbing, earth -moving or grading permit. The applicant shall provide the Community Development Department with all written responses received within one month prior to issuance of grading permit. One Native -American monitor shall be provided should the tribes request it. Attachment: Historical/Archaeological Resources Survey Report Griffin Ranch Project City of La Quinta, Riverside County, California, (Commissioners only) Prepared by: 0.16 95AW& Stan Sawa, Principal Planner R\Reports - HPC\10-21-04\rpt tt 32879 griffin ph 1 archaeo.doc BI C #1 DATE: ITEM: LOCATION: APPLICANT: CONSULTANT: BACKGROUND: HISTORIC PRESERVATION COMMISSION STAFF REPORT OCTOBER 21, 2004 HISTORICAL/ARCHAEOLOGICAL RESOURCES SURVEY REPORT ASSESSOR PARCEL NUMBERS 767-200-002 AND -003 SOUTH SIDE OF AVENUE, 52 EAST OF MADISON STREET ND LA QUINTA PARTNERS, LLC (JOHN GAMLIN) CRM TECH (MICHAEL HOGAN, PRINCIPAL) The study area is a 40 acre parcel located in the south part of the City on the south side of Avenue 52, east of Madison Street. The property has an abandoned modern - era residence and trailer on a natural dune on the western portion of the property. Remains of corrals and grazing areas are nearby. The eastern portion of the: site is currently being used for agricultural uses; the balance of the property has some desert vegetation. The City is currently processing an application to incorporate this area, into The Hideaway (SP 99-035, Amendment #1) resort residential project. A Phase I (survey level) Archaeological/Historical Resources Assessment has been completed for the property in accordance with the ARMR format. The Assessment includes a record search and field reconnaissance of the property. This Assessment will be part of the environmental review required by the California Environmental Quality Act (CEQA) for the project application. DISCUSSION: An archaeological records search for the property was conducted at the Eastern Information Center located at UC Riverside and in the CRM TECH library. The records search indicated the study area has not been surveyed and no cultural resources have been recorded on or adjacent to the site. Within one mile of the site the records search showed ten surveys completed, resulting in 75 + prehistoric sites (with some historic -age resources as well) and isolated finds identified. Historical background research was conducted at the Science Library Map Room at UC Riverside and at the Bureau of Land Management (BLM) office in Moreno Valley. The 017 P:\Reports - HPC\10-21-04\rpt ph 1 archaeo ave 52 gamlin.doc search indicated that no uses or structures existed on the property until sometime in the early to mid 1950's when a building appeared on mid-1950's USGS maps. The on -foot field survey was conducted by walking parallel north -south transects spaced fifteen meters apart. No artifacts were found during this survey. As noted earlier, an abandoned residence, pool, trailer and remains of corrals exist on the property. The report concludes the residence does not qualify as a "historic resource". Due to the lack of historic resources within and adjacent to the study area, no further investigation or monitoring is recommended. Staff recommends monitoring of earth - moving and other activities be done due to the high archaeological sensitivity in the surrounding vicinity. Because this survey was recently completed there is no indication in the report that the Native American Heritage Commission or local Native American tribes have been contacted for comment. To address this issue, the local tribes shall be contacted for comment prior to issuance of the first earth -moving or grading permit. One Native - American monitor shall be provided should the tribes request it. RECOMMENDATION: Adopt Minute Motion 2004- , accepting the "Historical/Archaeological Resources Survey Report Assessor's Parcel Numbers 767-200-002 and -003, City of La Quinta, Riverside County, California", as prepared and recommended by CRM TECH, and subject to the following conditions: A. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. C. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of the first Certificate of Occupancy for the property. D. The local tribes shall be contacted in writing for comments prior to issuance of the first grubbing, earth -moving or grading permit. The applicant shall provide the Community Development Department with all written responses received n.— 018 P:\Reports - HPC\10-21-04\rpt ph 1 archaeo ave 52 gamlin.doc within one month prior to issuance of grading permit. One Native -American monitor shall be provided should the tribes request it. Attachment: 1. Historical/Archaeological Resources Survey Report Assessor's Parcel Numbers 767-200-002 and -003 City of La Quinta, Riverside County, California, (Commissioners only) Prepared by: �u(iVyl 6AAf7A Stan Sawa, Principal Planner „ 019 PAReports - HPC\10-21-04\rpt ph 1 archaeo ave 52 gamlin.doc BIC#2 DATE: ITEM: LOCATION: APPLICANT: CONSULTANT: BACKGROUND: HISTORIC PRESERVATION COMMISSION STAFF REPORT OCTOBER 21, 2004 ADDENDUM ARCHAEOLOGICAL STUDIES FOR COUNTRY CLUB OF THE DESERT (NOW THE HIDEAWAY) AVENUE 53, BETWEEN MADISON STREET AND MONROE STREET IN FUTURE HIDEAWAY PROJECT SITE ND LA QUINTA PARTNERS, LLC (JOHN GAMLIN) McKENNA ET AL. The study area is two parcels consisting of 200 acres located in the south part of the City on both the north and south sides of Avenue 53 between Madison Street and Monroe Street. The City is currently processing an application for The Hideaway (SP 99-035, Amendment #1) resort residential project revision and expansion. A Phase I (survey level) Archaeological/Historical Resources Assessment has been completed for a portion of the property. This Assessment will be part of the environmental review required by the California Environmental Quality Act (CEQA) for the project application. DISCUSSION: In 1999, these areas were included in a larger area anticipated to be the Country Club of the Desert project site (now the Hideaway). A Phase I Cultural Resources investigation was conducted and accepted in 1999 (Attachment 1). Because the properties were not in escrow at the time, there was no access available to the property to conduct a field survey. After the project was approved McKenna et al conducted a field survey of the two parcels in August 2000. Because the records search was conducted in 1999 as a part of the original investigation, McKenna et al prepared a letter presenting the results of the field survey for these two parcels (Attachment 2). Both parcels were dominated by pastures, corrals, and numerous residential and secondary structures and equipment identified as examples of modern construction and use and of no historic significance. On the 40 acre parcel north of Avenue 53 only 50% of the site was available for investigation due to standing structures and vegetation cover. Five isolated artifacts (four small ceramic sherds and one quartz mano) were recovered. These were found in P:\Reports - HPC\10-21-04\rpt ph 1 archaeo ave 53 gamlin.doc U 2 O a.• different parts of the site and do not constitute the presence of a significant resource. A previously identified site CA-RIV-142 has apparently been destroyed by excavations and fill related to the modern use of the property. The 160 acre site on the south side of Avenue 53 did not result in the identification of any artifacts. However, this site was heavily impacted by its current residential and agricultural uses. Both sites are considered to be in areas highly sensitive for archaeological resources and therefore, archaeological monitoring is recommended. RECOMMENDATION: Adopt Minute Motion 2004- accepting the "Letter from Mckenna et al. dated August 23, 2000", as prepared and recommended by McKenna et al., and subject to the following conditions: A. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. C. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of the first Certificate of Occupancy for the property. Attachments: 1 . A Phase I Cultural Resources investigation of the Country Club the Desert project Area Located within the City of La Quinta and County of Riverside, California, (Commissioners only) 2. Letter from Mckenna et al. dated August 23, 2000 Prepared by: U 2 I. Stan Sawa, Principal Planner P:\Reports - HPC\ 1 0-21-04\rpt ph 1 archaeo ave 53 gamlin.doc BID #1 DATE: ITEM: LOCATION: APPLICANT: CONSULTANT: BACKGROUND HISTORIC PRESERVATION COMMISSION STAFF REPORT OCTOBER 21, 2004 HISTORICAL/ARCHAEOLOGICAL RESOURCES SURVEY REPORT FOR TENTATIVE TRACT MAP NO. 32848 NORTH SIDE OF AVENUE 60 WEST OF MADISON STREET MDS CONSULTING FOR RICHARD HUGHES CRM TECH (MICHAEL HOGAN, PRINCIPAL) The study area encompasses a four acre parcel located in the south part of the City on the north side of Avenue 60, west of Madison Street. The property is vacant with some desert landscape. The City is currently processing an application to allow a single-family residential development on the property ITT 32848)• A Phase I (survey level) Archaeological/ Historical Resources Assessment has been completed for the property in accordance with the ARMR format. The Assessment includes a record search and field reconnaissance of the property. This Assessment will be part of the environmental review required by the California Environmental Quality Act (CEQA) for the project applications. DISCUSSION An archaeological records search for the property was conducted at the Eastern Information Center located at UC Riverside and in the CRM TECH library. The records search indicated the study area has not been surveyed and no cultural resources have been recorded on, or adjacent to the site. Within a one mile radius of the site, the records search showed well over 50% of the area has been surveyed, resulting in 45 ± prehistoric sites (with some historic -age resources as well) and isolated finds identified. Historical background research was conducted at the Science Library Map Room at UC Riverside and at the Bureau of Land Management (BLM) office in Moreno Valley. The search indicated that no uses or structures have existed on the property. The on -foot field survey was conducted by walking parallel north -south transects spaced fifteen meters apart. As a result of this survey three isolates, consisting of one ceramic shard; each was identified. Because they were found in an old alluvial wash area, it was determined they were most likely deposited on the site from elsewhere. No historic -era artifacts were observed on the ground. P:\Reports - HPC\10-21-04\rpt it 32848 hughes ph 1 archaeo.doc^ 022 Although no "historic resources" were found the report states that a large number of recorded sites exist in the surrounding area indicating a high sensitivity for possible subsurface archaeological remains. Therefore, the report recommends monitoring of grubbing and other earth -moving and trenching activities. Because this survey was recently completed there is no indication in the report that the Native American Heritage Commission or local Native American tribes have been contacted for comment. To address this issue, the local tribes shall be contacted for comment prior to issuance of the first earth -moving or grading permit. One Native - American monitor shall be provided should the tribes request it. RECOMMENDATION: Adopt Minute Motion 2004- , accepting the "Historical/Archaeological Resources Survey Report Tentative Tract 32848 City of La Quinta, Riverside County, California", as prepared and recommended by CRM TECH, and subject to the following conditions: A. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. C. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of the first Certificate of Occupancy for the property. D. The local tribes shall be contacted in writing for comments prior to issuance of the first grubbing, earth -moving or grading permit. The applicant shall provide the Community Development Department with all written responses received within one month prior to issuance of a grading permit. One Native -American monitor shall be provided should the tribes request it. Attachment: 1. Historical/Archaeological Resources Survey Report Tentative Tract: 32848 City of La Quinta, Riverside County, California, (Commissioners only) Prepared by: G �Gjamm 023 Stan Sawa, Principal Planner P:\Reports - HPC\10-21-04\rpt tt 32848 hughes ph 1 archaeo.doc BI D #2 DATE: ITEM: LOCATION: APPLICANT: CONSULTANT: BACKGROUND: HISTORIC PRESERVATION COMMISSION STAFF REPORT OCTOBER 21, 2004 PALEONTOLOGICAL RESOURCES SURVEY REPORT FOR TENTATIVE TRACT MAP NO. 32848 NORTH SIDE OF AND AVENUE 60 WEST OF MADISON STREET MDS CONSULTING FOR RICHARD HUGHES CRM TECH (MICHAEL HOGAN, PRINCIPAL) The study area is a four acre parcel located in the south part of the City on the north side of Avenue 60, west of Madison Street. The property is vacant with some: desert vegetation. The study area is approximately 20 to 40 feet below mean sea level which would have put the area under water during one or more fillings of ancient Lake Cahuilla. The City is currently processing an application to allow a single-family residential development on the property (TT 32848). A Phase I (survey level) Archaeological/Historical Resources Assessment has been completed for the property in accordance with the ARMR format. The Assessment includes a record search and field reconnaissance of the property. This Assessment will be part of the environmental review required by the California Environmental Quality Act (CEQA) for the project applications. DISCUSSION: A paleontological records search for the property was conducted at the Natural History Museum of Los Angeles County, San Bernardino County Museum (SBCM) in Redlands and CRM TECH's library. The records search indicated that no paleontological localities have been found on or adjacent to the property. The closest localities found have been outside a one -mile radius of the subject property. The field survey conducted by CRM TECH consisted of systematically walking over the site at 15-meter (approximately 50 feet) north -south intervals and visually observing the site for fossils. Surface visibility was excellent on the site. Scattered fresh water snail shells and snail and mussel shell fragments were observed on the surface of the project site. The report indicates that no fish bones or other vertebrate fossil remains were found. 024 P:\Reports - HPC\10-21-04\rpt tt 32848 hughes ph 1 paleo.doc Based on what was found during the field survey and previous discoveries in the vicinity, the report concludes the project site to be in an area of moderate to high paleontological sensitivity for primarily Holocene -age lacustrine invertebrate fossils. Therefore, the report recommends surface collection of the fresh water mollusk and monitoring of the site during grubbing, grading and other earth -moving activities. Staff concurs with this recommendation. RECOMMENDATION: Adopt Minute Motion 2004- , accepting the "Historical/Archaeological Resources Survey Report Tentative Tract 32848 City of La Quinta, Riverside County, California", as prepared and recommended by CRM TECH, and subject to the following conditions: 1 . On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt oir divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving permit, or before any clearing of the site is begun. 2. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 3. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 4. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. Attachment: 1. Historical/Archaeological Resources Survey Report for Tentative Tract 32848 City of La Quinta, Riverside County, California, (Commissioners only) Prepared by: 025 Stan Sawa, Principal Planner P:\Reports - HPC\10-21-04\rpt tt 32848 hughes ph 1 paleo.doc CORRESPONDENCE WRITTEN (MATERIAL 026 SB 18 Senate Bill - Status Page 1 of 1 CURRENT BILL STATUS MEASURE : S.B. No. 18 AUTHOR(S) Burton, Chesbro, and Ducheny. TOPIC Traditional tribal cultural places. +LAST AMENDED DATE 07/01/2004 TYPE OF BILL : Inactive Non -Urgency Non -Appropriations Majority Vote Required State -Mandated Local Program Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 08/20/2004 LAST HIST. ACTION Enrolled. To Governor at 2 p.m. TITLE An act to amend Section 815.3 of the Civil Code, to amend Sections 65040.2, 65092, 65351, 65352, and 65560 of, and to add Sections 65352.3, 65352.4, and 65562.5 to the Government Code, relating to traditional tribal cultural places. 027 http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_l8_bill_20040820_status.html 9/13/2004 Senate Bill No. 18 Passed the Senate August 19, 2004 Secretary of the Senate Passed the Assembly August 9, 2004 Chief Clerk of the Assembly This bill was received by the Governor this day of 2004, at o'clock —a. Private Secretary ofthe Governor CI 2 Approved Governor 2004 SB 18 —2— CHAPTER An act to amend Section 815.3 of the Civil Code, to amend Sections 65040.2, 65092, 65351, 65352, and 65560 of, and to add Sections 65352.3, 65352.4, and 65562.5 to the Government Code, relating to traditional tribal cultural places. LEGISLATIVE COUNSEL'S DIGEST SB 18, Burton. Traditional tribal cultural places. (1) Existing law establishes the Native American Heritage Commission and authorizes the commission to bring an action to prevent severe and irreparable damage to, or assure appropriate access for Native Americans to, a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public property. Existing law authorizes only specified entities or organizations, including certain tax-exempt nonprofit organizations, and local government entities to acquire and hold conservation easements, if those entities and organizations meet certain conditions. This bill would include a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission, among those entities and organizations that may acquire and hold conservation easements, as specified. (2) Existing law requires the Office of Planning and Research to implement various long range planning and research policies and goals that are intended to shape statewide development patterns and significantly influence the quality of the state's environment and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans. This bill would require that, by March 1, 2005, the guidelines contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes for the preservation of, or the mitigation of impacts to, specified Native American places, features, and objects. The bill would also require those guidelines to address procedures for identifying the appropriate California Native 89 03(i -3— SB 18 American tribes, for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects, and for facilitating voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects. The bill would define a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission as a "person" for purposes of provisions relating to public notice of hearings relating to local planning issues. (3) Existing law requires a planning agency during the preparation or amendment of the general plan, to provide opportunities for the involvement of citizens, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the city or county deems appropriate. This bill would require the planning agency on and after March 1, 2005, to refer the proposed action to California Native American tribes, as specified, and also provide opportunities for involvement of California Native American tribes. The bill would require that, prior to the adoption or amendment of a city or county's general plan, the city or county conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county's jurisdiction. The bill would define the term "consultation" for purposes of those provisions. By imposing new duties on local governments with respect to consultations regarding the protection and preservation of California Native American historical, cultural, and sacred sites, the bill would impose a state -mandated local program. On and after March 1, 2005, this bill would include open space for the protection of California Native American historical, cultural, and sacred sites within the definition of "local open -space plan" for purposes of provisions governing the preparation of the open -space element of a city and county general plan. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims 89 F .. 0 33 SB 18 4— Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Current state law provides a limited measure of protection for California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places. (2) Existing law provides limited protection for Native American sanctified cemeteries, places of worship, religious, ceremonial sites, sacred shrines, historic or prehistoric ruins, burial grounds, archaeological or historic sites, inscriptions made by Native Americans at those sites, archaeological or historic Native American rock art, and archaeological or historic features of Native American historic, cultural, and sacred sites. (3) Native American places of prehistoric, archaeological, cultural, spiritual, and ceremonial importance reflect the tribes' continuing cultural ties to the land and to their traditional heritages. (4) Many of these historical, cultural, and religious sites are not located within the current boundaries of California Native American reservations and rancherias, and therefore are not covered by the protectionist policies of tribal governments. (b) In recognition of California Native American tribal sovereignty and the unique relationship between California local governments and California tribal governments, it is the intent of the Legislature, in enacting this act, to accomplish all of the following: (1) Recognize that California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places are 89 F 032 -5— SB 18 essential elements in tribal cultural traditions, heritages, and identities. (2) Establish meaningful consultations between California Native American tribal governments and California local governments at the earliest possible point in the local government land use planning process so that these places can be identified and considered. (3) Establish government -to -government consultations regarding potential means to preserve those places, determine the level of necessary confidentiality of their specific location, and develop proper treatment and management plans. (4) Ensure that local and tribal governments have information available early in the land use planning process to avoid potential conflicts over the preservation of California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places. (5) Enable California Native American tribes to manage and act as caretakers of California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places. (6) Encourage local governments to consider preservation of California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places in their land use planning processes by placing them in open space. (7) Encourage local governments to consider the cultural aspects of California Native American prehistoric, archaeological, cultural, spiritual, and ceremonial places early in land use planning processes. SEC. 2. Section 815.3 of the Civil Code is amended to read: 815.3. Only the following entities or organizations may acquire and hold conservation easements: (a) A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to do business in this state which has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open -space condition or use. (b) The state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the conservation easement is voluntarily conveyed. No local governmental entity 89 033 SB 18 —6— may condition the issuance of an entitlement for use on the applicant's granting of a conservation easement pursuant to this chapter. (c) A federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed. SEC. 3. Section 65040.2 of the Government Code is amended to read: 65040.2. (a) In connection with its responsibilities under subdivision (0 of Section 65040, the office shall develop and adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3. For purposes of this section, the guidelines prepared pursuant to Section 50459 of the Health and Safety Code shall be the guidelines for the housing element required by Section 65302. In the event that additional elements are hereafter required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3, the office shall adopt guidelines for those elements within six months of the effective date of the legislation requiring those additional elements. (b) The office may request from each state department and agency, as it deems appropriate, and the department or agency shall provide, technical assistance in readopting, amending, or repealing the guidelines. (c) The guidelines shall be advisory to each city and county in order to provide assistance in preparing and maintaining their respective general plans. (d) The guidelines shall contain the guidelines for addressing environmental justice matters developed pursuant to Section 65040.12. (e) The guidelines shall contain advice including recommendations for best practices to allow for collaborative land use planning of adjacent civilian and military lands and facilities. The guidelines shall encourage enhanced land use compatibility between civilian lands and any adjacent or nearby military 99 F 034 --7 — SB 18 facilities through the examination of potential impacts upon one another. (f) The guidelines shall contain advice for addressing the effects of civilian development on military readiness activities carried out on all of the following: (1) Military installations. (2) Military operating areas. (3) Military training areas. (4) Military training routes. (5) Military airspace. (6) Other territory adjacent to those installations and areas. (g) By March 1, 2005, the guidelines shall contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes for all of the following: (1) The preservation of, or the mitigation of impacts to, places, features, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code. (2) Procedures for identifying through the Native American Heritage Commission the appropriate California Native American tribes. (3) Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects. (4) Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects. (h) The office shall provide for regular review and revision of the guidelines established pursuant to this section. SEC. 4. Section 65092 of the Government Code is amended to read: 65092. (a) When a provision of this title requires notice of a public hearing to be given pursuant to Section 65090 or 65091, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee which is reasonably related to the costs of providing this service and the local agency may require each request to be annually renewed. 89 035 SB 18 —8— (b) As used in this chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. SEC. 5. Section 65351 of the Government Code is amended to read: 65351. During the preparation or amendment of the general plan, the planning agency shall provide opportunities for the involvement of citizens California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the city or county deems appropriate. SEC. 6. Section 65352 of the Government Code is amended to read: 65352. (a) Prior to action by a legislative body to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities: (1) A city or county, within or abutting the area covered by the proposal, and a special district that may be significantly affected by the proposed action, as determined by the planning agency. (2) An elementary, high school, or unified school district within the area covered by the proposed action. (3) The local agency formation commission. (4) An areawide planning agency whose operations may be significantly affected by the proposed action, as determined by the planning agency. (5) A federal agency if its operations or lands within its jurisdiction may be significantly affected by the proposed action, as determined by the planning agency. (6) A public water system, as defined in Section 116275 of the Health and Safety Code, with 3,000 or more service connections, that serves water to customers within the area covered by the proposal. The public water system shall have at least 45 days to comment on the proposed plan, in accordance with subdivision (b), and to provide the planning agency with the information set forth in Section 65352.5. (7) The Bay Area Air Quality Management District for a proposed action within the boundaries of the district. (8) On and after March 1, 2005, a California Native American tribe, that is on the contact list maintained by the Native American 89 036 --9 — SB 18 Heritage Commission, with traditional lands located within the city or county's jurisdiction. (b) Each entity receiving a proposed general plan or amendment of a general plan pursuant to this section shall have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified by the planning agency. (c) (1) This section is directory, not mandatory, and the failure to refer a proposed action to the other entities specified in this section does not affect the validity of the action, if adopted. (2) To the extent that the requirements of this section conflict with the requirements of Chapter 4.4 (commencing with Section 65919), the requirements of Chapter 4.4 shall prevail. SEC. 7. Section 65352.3 is added to the Government Code, to read: 65352.3. (a) (1) Prior to the adoption or any amendment of a city or county's general plan, proposed on or after March 1, 2005, the city or county shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code that are located within the city or county's jurisdiction. (2) From the date on which a California Native American tribe is contacted by a city or county pursuant to this subdivision, the tribe has 90 days in which to request a consultation, unless a shorter timeframe has been agreed to by that tribe. (b) Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Section 65040.2, the city or county shall protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects. SEC. 8. Section 65352.4 is added to the Government Code, to read: 65352.4. For purposes of Section 65351, 65352.3, and 65562.5, "consultation" means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation 89 F 037 SB 18— 10 — between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each parry's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance. SEC. 9. Section 65560 of the Government Code is amended to read: 65560. (a) "Local open -space plan" is the open -space element of a county or city general plan adopted by the board or council, either as the local open -space plan or as the interim local open -space plan adopted pursuant to Section 65563. (b) "Open -space land" is any parcel or area of land or water that is essentially unimproved and devoted to an open -space use as defined in this section, and that is designated on a local, regional or state open -space plan as any of the following: (1) Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; areas adjacent to military installations, military training routes, and restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands; and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands. (2) Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply. (3) Open space for outdoor recreation, including, but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open -space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors. 99 M i —IT— SB 18 (4) Open space for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality. (5) Open space for the protection of places, features, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code. SEC. 10. Section 65562.5 is added to the Government Code, to read: 65562.5. On and after March 1, 2005, if land designated, or proposed to be designated as open space, contains a place, feature, or object described in Sections 5097.9 and 5097.995 of the Public Resources Code, the city or county in which the place, feature, or object is located shall conduct consultations with the California Native American tribe, if any, that has given notice pursuant to Section 65092 for the purpose of determining the level of confidentiality required to protect the specific identity, location, character, or use of the place, feature, or object and for the purpose of developing treatment with appropriate dignity of the place, feature, or object in any corresponding management plan. SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars 89 039 SB 18 — 12 — ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. 99 U40 City of La Quinta La Quinta Historical Presentation Commision (LQHPC) Issues: 1. (Annual) budget of LQHPC. 2. Set up mobil meetings. 3. Books, publications and subscriptions to be placed in library area for staff, etc. to review and consult. 4. List of projects on file approved by city since it was incorporated as such in 1982. 5. Possibility to establish a community scholarship from LQHPC. 6. Organize/ give presentation to high school student, to reach for archaeological, historical, cultural, landscaping future professional. 7. Update La Quinta historical survey. 8. Take a tour of buildings from the 50's in La Quinta cove. 9. Publish the context statement. 10. Laguna de la paz project. Pathway is 1,000 years old. 11. New owners of La Quinta Hotel. 12. Historic tourism/ walking tour. 13. 10 years of LQHPC accomplishment (press release). 14. Council members to attend yearly state conference. 15. Preservation staff member: considering hiring a part-time person? 16. Grant renewal -i survey update. 17. Host CLG training workshops. Focus on some good training issues. 18. Have 3 models of cities (Ontario, San Diego, Riverside) study their plans, accomplishments. 19. Follow-up of projects & their deadlines. List of projects. (Silver Rock project, etc.) 20. Indian representation during official monthly meeting.