MEETING DATE:
NOVEMBER 12, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9377 - APPROVE A LETTER OF COMMITMENT WITH PECHANGA BAND OF INDIANS, SAN LUIS REY BAND OF MISSION INDIANS, AND RINCON BAND OF LUISENO INDIANS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF ACCESS EASEMENT AND MEMORANDUM OF THE GRANT OF ACCESS EASEMENT
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Recommendation
Recommendation
APPROVE and AUTHORIZE City Manager to execute Grant of Access Easement, Memorandum of Grant of Access Easement, and Letter of Commitment
Body
Relevant Council Strategic Theme
Not Applicable
Executive Summary
San Diego Gas and Electric (“SDG&E”) and the City unearthed Native American ancestral remains and artifacts on construction projects in the area around San Marcos Boulevard and Discovery St. The City, SDG&E, and the Tribes collaborated to identify a suitable location for the reburial of the ancestral remains and artifacts. The reburial occurred on October 23, 2024 on City property within the City’s Creek District future conservation easement.
The proposed Resolution would approve and authorize the City Manager to execute a Grant of Access Easement and Memorandum of Grant of Access Easement to Pechanga Band of Indians, San Luis Rey Band of Mission Indians, and Rincon Band of Luiseno Indians to allow access to the Tribal reburial area. The Resolution would also authorize the City Manager to execute a Letter of Commitment with the Tribes to ensure the City will continue to work with said Tribes to complete outstanding items related to the reburial, as the affected area is in a future conservation area and activity associated with that conservation process is currently ongoing.
Discussion
In 2022, SDG&E unearthed Native American remains while constructing a new electrical pole as part of its tie-line (TL 6975) project on the corner of San Marcos Boulevard and Discovery Street. Around the same time, SDG&E unearthed additional Native American remains during its work on a City road widening project on San Marcos Boulevard. The City unearthed Native American artifacts within its Creek District project in the San Marcos Boulevard area. Although SDG&E unearthed remains during its tie-line project, the City is also involved with respect to that work, as it related to work within the right-of-way owned by the City, and the legislation relating to such remains imposes responsibility on the owner of the property in question.
The Most Likely Descendant of the remains were determined to be the Pechanga Band of Indians and the San Luis Rey Band of Mission Indians, respectively. The Creek District artifacts were determined to belong to San Luis Rey Band of Mission Indians and Rincon Band of Luiseno Indians. The City, SDG&E, and Pechanga Band of Indians, San Luis Rey Band of Mission Indians, and Rincon Band of Luiseno Indians (“Tribes”) collaborated and reached agreement upon a suitable location to rebury the remains consistent with the Most Likely Descendant process.
The City made area within its future Creek District conservation easement available for the reburial. The Tribal remains and artifacts were reburied on October 23, 2024, on City property by Tribal representatives with advance and post-logistical support provided by SDG&E.
Staff has negotiated a Grant of Access Easement to provide Tribes with access to the reburial area for ceremonial or other cultural purposes when desired. As the Grant of Access Easement contains confidential information about the Tribal reburial area, it will not be recorded; however, the process agreed upon by the parties includes the execution and recordation of a Memorandum of Grant of Access Easement on the property by the City to provide notice regarding the existence of the Grant of Access Easement.
As the Creek District conservation easement, once finalized, will be conveyed to San Diego Habitat Conservancy for management in perpetuity consistent with a Long Term Management Plan (“LTMP”), the City and the Tribes wish to provide edits to the LTMP to ensure the Tribes will be noticed and consulted about activities that might affect the reburial area. The San Diego Habitat Conservancy has been consulted during this process and is assisting with the City’s efforts. The City will execute a Letter of Commitment with the Tribes ensuring that the City will continue to work with the Tribes on edits to the LTMP and assist with any outstanding items related to the reburial.
The Resolution would authorize the City Manager to execute both Grant of Access Easement and Memorandum of Grant of Access Easement and the Letter of Commitment with Pechanga Band of Indians, San Luis Rey Band of Mission Indians, and Rincon Band of Luiseno Indians.
Environmental Review
Staff recommends a finding of no physical effect and/or an exemption under CEQA, as Public Resources Code Section 5097.98(g) exempts Most Likely Descendant actions from CEQA. The execution of a Grant of Access Easement, Memorandum of Grant of Access Easement, or Letter of Commitment is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Additionally, even if the proposed execution of the Grant of Access Easement, Memorandum of Grant of Access Easement or Letter of Commitment were considered a project subject to CEQA, it would be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility it would have a significant effect on the environment.
Fiscal Impact
There is no direct fiscal impact due to the approval of the proposed Resolution, as SDG&E has borne the cost of conserving the ancestral remains pending relocation, as well as the cost of reburial of the same.
Attachments
Resolution
Exhibit A - Memorandum of Grant of Access Easement
Prepared by: Punam Prahalad, Deputy City Attorney
Reviewed by: Helen Holmes Peak, City Attorney
Approved by: Michelle Bender, City Manager