March 13, 2023
Fernandeño Tataviam Band of Mission Indians
Attn: Sarah Brunzell, THCP Manager
1019 Second Street, Suite 1
San Fernando, CA 91340
Via Email: [email protected]
RE: AB 168 Acknowledgement of Enforceable Agreement between the Fernandeño Tataviam Band of Mission Indians and the City of B urbank for the Proposed SB 35 Project located at 910 South Mariposa Street, Burbank, Los Angeles County, California
Dear Ms. Brunzell,
This letter is a follow-up to the AB 168 tribal consultation concluded between the City of Burbank and the Fernandeño Tataviam Band of Mission Indians (FTBMI) regarding the proposed SB 35 Project located at 910 South Mariposa Street in the City of Burbank. The Project consists of six three-story residential structures containing a total of 23 townhomes.
Based on the information provided and FTBMI’s Tribal Resource knowledge, the CRM Division has noted concerns regarding potential for impacts to cultural res ources by the proposed Project. Per the Tribal Consultation between the City and the Fernandeño Tataviam Band of Mission Indians, the following language will be made part of the Project’s conditions of approval:
• TCR-1: The Project applicant shall retain a professional Native American Monitor procured by the Fernande ño Tataviam Band of Mission Indians to observe all clearing, grubbing, and grading operations. If cultural resources are encountered, the Native American monitor will have the authority to request that ground-disturbing activities cease within 60-feet of discovery to assess and document potential finds in real time. One monitor will be required on -site for all ground -disturbing activities in areas designated through additional consultation. However, if ground-disturbing activities occur in more than one of the designated monitoring areas at the same time, then the parties can mutually agree to an additional monitor, to ensure that simultaneously occurring grou nd-disturbing activities receive thorough levels of monitoring coverage.
o Any and all archaeological documents created as a part of the project (isolate records, site records, survey reports, testing reports, and monitoring reports) shall be provided to the Fernandeño Tataviam Band of Mission Indians.
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o The applicant and Lead Agency shall, in good faith, consult with the Fernandeño Tataviam Band of Mission Indians on the disposition and treatment of any Tribal Cultural Resource encountered during the Project implementation. • TCR-2: Applicant shall provide notice to FTBMI not less than 14 days prior to commencement of ground disturbing activities to ensure FTBMI has sufficient time to schedule adequate site monitoring personnel.
• TCR-3: FTBMI shall be responsible to retain sufficient monitoring personnel to meet its monitoring obligations during all phases of ground disturbing activities. The applicant may, but shall have no obligation to, stop ground disturbing activities in the event FTBMI is not able to attend or monitor the site.
• TCR-4: The Project applicant shall pay FTBMI a rate of $150.00 per hour for all monitoring costs and expenses.
• TCR-5: The FTBMI Monitor shall complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified and available to the City upon request. The on-site monitoring shall end when grading and excavation activities are completed, or when the FTBMI Monitor has indicated that the site has a low potential for cultural resources, whichever occurs first. The City may request a copy of all field documentation from FTBMI Monitor.
In addition, the FTBMI Monitor shall provide the City a “closeout report” that addr esses the FTBMI Monitor’s role on the project and provides a summary of cultural findings, if any.
• TCR-6: FTBMI shall comply with applicant’s site access and workplace safety requirements.
• TCR-7: If human remains or funerary objects are encountered durin g any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
Per Government Code Section 65913.4(b), this concludes the Tribal Consultation process and documents the Enforceable Agreement with FTMBI. Please sign and return the letter acknowledging the Enforceable Agreement between the Fernandeño Tataviam Band of Mission Indians and the City of Burbank. Please contact me at (818) 238 -5250 or via e -mail at [email protected]. Thank you.
Sincerely,
Joseph Onyebuchi
Associate Planner
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Manager
Fernandeño Tataviam Band of Mission Indians
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Patrick Prescott, AICP
Community Development Director
Approved as to Form
Office of the City Attorney
__________________________________
Joseph H. McDougall
City Attorney
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March 31, 2023
Gabrieleño Band of Mission Indians – Kizh Nation
Attn: Andrew Salas, Chairperson
PO Box 393
Covina, CA 91723
Via Email: [email protected]
RE: AB 168 Acknowledgement of Enforceable Agreement between the Gabrieleño Band of Mission Indians – Kizh Nation and the City of Burbank for the Proposed SB 35 Project located at 910 South Mariposa Street, Burbank, Los Angeles County, California
Dear Mr. Salas,
This letter is a follow-up to the AB 168 tribal consultation concluded between the City of Burbank and the Gabrieleño Band of Mission Indians – Kizh Nation (the Kizh) regarding the proposed SB 35 Project located at 910 South Mariposa Street in the City of Burbank. The Project consists of six three-story residential structures containing a total of 23 townhomes.
Per the Tribal Consultation between the City and the Kizh, the following language will be made part of the Project’s conditions of approval:
• TCR-1: The Project applicant shall retain and compensate a professional Tribal Cultural Resources monitor procured or selected by the Gabrieleño Band of Mission Indians – Kizh Nation (the “Kizh” or the “Tribe”). Prior to the commencement of any “ground - disturbing activity” for the subject project at all project locations(i.e: both on-site and any off-site locations that are included in the project description/ definition and /or required in connection with the project, such as public improvement work ). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. If cultural resources are encountered, the Native American monitor will have the authority to request that ground-disturbing activities cease within 50 feet of discovery to assess and document potential finds in real time. One monitor will be required on-site for all ground- disturbing activities in areas designated through additional consultation. However, if ground-disturbing activities occur in more than one of the designated monitoring areas at the same time, then the Project Applicant, doing business as Butterfly Gardens LLC, and the Kizh can mutually agree to an additional monitor, to ensure that simultaneously occurring ground-disturbing activities receive thorough levels of monitoring coverage.
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• Any and all archaeological documents created as a part of the project (isolate records, site records, survey reports, testing reports, and monitoring reports) shall be provided to the Gabrieleño Band of Mission Indians – Kizh Nation.
• The applicant and Lead Agency shall, in good faith, consult with the Gabrieleño Band of Mission Indians – Kizh Nation on the disposition and treatment of any Tribal Cultural Resource encountered during the Project implementation.
• TCR-2: Applicant shall provide written notice to the Gabrieleño Band of Mission Indians – Kizh Nation not less than 30 days prior to commencement of ground disturbing activities to ensure the “Tribe” has sufficient time to schedule adequate site monitoring personnel. • TCR-3: The Gabrieleño Band of Mission Indians – Kizh Nation shall be responsible to retain sufficient monitoring personnel to meet its monitoring obligations during all phases of ground disturbing activities. The applicant shall be obligated to contact The Gabrieleno Band Of Mission Indians 24-72 hours prior to any ground disturbance activities on the project site, so that there is sufficient monitoring personal to meet its monitoring obligations during all phase of ground disturbance activities to, stop ground disturbing activities in the event Gabrieleño Band of Mission Indians – Kizh Nation is not able to attend or monitor the site. • TCR-4. The Tribe shall charge a fee according to Tribal monitoring services at industry standards for the Tribal monitoring services of all ground disturbances. • TCR-5: The Gabrieleño Band of Mission Indians – Kizh Nation Monitor shall complete monitoring logs on a daily basis, providing descriptions of the daily ground disturbing activities, including construction activities, locations, soil, and any cultural materials identified and available to the City upon request. The on-site monitoring shall end when grading and excavation activities of native soil (i.e., previously undisturbed) are completed, or when the Gabrieleño Band of Mission Indians – Kizh Nation Monitor has indicated that the site has a low potential for cultural resources, whichever occurs first. The Gabrieleño Band of Mission Indians – Kizh Nation Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. The City shall request a copy of all field documentation from the Gabrieleño Band of Mission Indians – Kizh Nation Monitor. In addition, the Gabrieleño Band of Mission Indians – Kizh Nation Monitor shall provide the City a “closeout report” that addresses the Gabrieleño Band of Mission Indians – Kizh Monitor’s role on the project and provides a summary of cultural findings, if any. • TCR-6: The Gabrieleño Band of Mission Indians – Kizh Nation shall comply with applicant’s site access and workplace safety requirements.
• TCR-7: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease ATTACHMENT 2 - 5
and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
Per Government Code Section 65913.4(b), this concludes the Tribal Consultation process and documents the Enforceable Agreement with the Gabrieleño Band of Mission Indians – Kizh Nation. Please sign and return the letter acknowledging the Enforceable Agree ment between the Gabrieleño Band of Mission Indians – Kizh Nation and the City of Burbank. Please contact me at (818) 238-5250 or via e-mail at [email protected]. Thank you.
Sincerely,
Joseph Onyebuchi
Associate Planner
––––––––––––––––––––––––––––––––––
Andrew Salas, Chairperson
The Gabrieleno Band of Mission Indians – Kizh Nation
––––––––––––––––––––––––––––––––––
Patrick Prescott, AICP
Community Development Director
Approved as to Form
Office of the City Attorney
__________________________________
Joseph H. McDougall
City Attorney
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