HomeMy WebLinkAbout2016-02-23; City Council; Resolution 2016-042RESOLUTION NO. 2016-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COUNCIL POLICY FOR TRIBAL
CONSULTATION IN THE TREATMENT AND PROTECTION OF TRIBAL
CULTURAL RESOURCES
WHEREAS, the City Council of the City of Carlsbad is furthering its commitment to
preserving and protecting Native American cultural resources within its jurisdiction; and
WHEREAS, the City of Carlsbad wants to strengthen communications with the California
Native American tribes that are traditionally and culturally affiliated with the City, including the
San Luis Rey Band of Mission Indians; and
WHEREAS, the City of Carlsbad and California Native American tribes that are traditionally
and culturally affiliated with the City San Diego, including the San Luis Rey Band of Mission
Indians, will benefit from a mutual agreement regarding a procedure for early consultation; and
WHEREAS, Policy No. 83 contributes to the protection of tribal cultural resources in the
City to the fullest extent of the law and encourages meaningful consultation with the California
Native American tribes that are traditionally and culturally affiliated with the City regarding their
concerns about the City's actions, policies and procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows that:
1. The above recitations are true and correct.
2. That the City Council Policy No. 83 is adopted as shown on Exhibit 3 of this
resolution, to take effect on March 1, 2016.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 23rd day of February 2016, by the following vote to wit:
AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, Cay Clerk
(SEAL)
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(t4•4k CITY OF v. CARLSBAD
Policy No. 83
Date Issued: February 23, 2016
Effective Date: March 1, 2016
Resolution No. 2016-042
Cancellation Date: n/a
Supersedes No. n/a
Council Policy Statement
Category: TRIBAL CULTURAL RESOURCE PROTECTION
Specific Subject: Tribal Consultation and Treatment and Protection of Tribal Cultural
Resources
PURPOSE: It is the intent of the City Council that the City of Carlsbad recognize its responsibility to
protect with improved certainty the important historical and cultural values of current Tribal Cultural
Resources within the City limits and to establish an improved framework for the City's consultations
with Native American Tribes that are traditionally and culturally affiliated with the City of Carlsbad
including the San Luis Rey Band of Mission Indians.
BACKGROUND: The City of Carlsbad is proudly home to California Native American Tribes that have
been here for more than ten thousand years. The City is acknowledged by California Native American
Tribes, archaeologists, ethnographers, and anthropologists to be rich in Tribal Cultural Resources.
These Tribal Cultural Resources are significant for their traditional, cultural, spiritual and religious ties
to the California Native American people living today and the cultural significance these resources
have to the lives of California Native American Tribal people in the present.
Currently, in the design and construction of development projects on private property and projects on
City-owned properties, the City of Carlsbad Cultural Resources Guidelines and General Plan Policies 7-
P.7 through 7-P.11 are implemented. In addition, during the project review process City staff, as the
City's representative managing both projects on private and City-owned properties, must implement
their best professional judgment to attempt to avoid or substantially reduce impacts to Tribal Cultural
Resources, historical, archaeological and paleontological resources by developing mitigation measures
for appropriate treatment and protection of such resources. However, the City's Cultural Resource
Guidelines (1990) require updating to ensure consistency with State law and the City's General Plan
Policies, define a predictable and reliable means of approving projects, and ensure appropriate long
term protection of Tribal Cultural Resources. To meet these goals the City, within the areas of its
authority, will establish improved guidelines for Native American tribal consultation and the
protection of Tribal Cultural Resources in a way that is respectful to California Native American Tribes.
POLICY: To the extent allowed under the authority of the City, the City shall guide all development
projects on private property and projects on City-owned properties to be designed and constructed in
a manner to avoid or substantially reduce impacts to Tribal Cultural Resources, as they are defined by
State Law, and to establish and adopt preservation measures to maintain their permanence in
protection. To facilitate this Policy, the City shall consult with California Native American tribes that
are traditionally and culturally affiliated with the City, including San Luis Rey Band of Mission Indians,
early in the design process of development projects on City-owned properties and early in the permit
process of development projects on private property to avoid or substantially lessen potential adverse
impacts to Tribal Cultural Resources that may occur as a result of a proposed project. The City shall
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update its Cultural Resource Guidelines to incorporate State definitions of Tribal Cultural Resources,
require consultation in the detection, treatment and protection of Tribal Cultural Resources for all
Projects on City-owned lands and on private property to the full extent of the City's authority, ensure
a complete understanding by project proponents, including the City and Tribal Representatives, of
current and previous mitigation commitments for Tribal Cultural Resources, and provide improved
protocols for ensuring the permanence of preservation mitigation measures.
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