Section 3D Archaeological Resources

Introduction

This section evaluates potential impacts on archaeological resources impacts resulting associated with from the proposed Malibu Legacy Park project. Mitigation measures are recommended for those impacts that were determined to be significant.

The proposed Malibu Legacy Project has four three main elements that could affect archaeological resources: 1) stormwater detention and treatment; 2) public park development, including Legacy Park and the Linear Park; and 3) habitat restoration; and 4) wastewater treatment and reuse. Since the wastewater/reuse element is in the preliminary planning and design phases, a detailed analysis of impacts to archaeological resources would be provided in a subsequent environmental document.

For the purposes of this section, “project area” refers to the area that encompasses the extents of the four three main elements described above. The “Legacy Park site” refers to the 15-acre parcel bounded by Civic Center Way to the north, Webb Way to the west, Cross Creek Road to the east, and Pacific Coast Highway to the south. The “Linear Park site” refers to the 20-foot-wide area along the north side of Civic Center Way between Webb Way and Cross Creek Road that would be developed as a landscaped pathway with bioswales. The “Wastewater treatment plant site” refers to the area where the wastewater treatment plant could be located.

The project area, including the Legacy Park site, Linear Park site, wastewater treatment plant site, and areas where subterranean archaeological resources could be disturbed (i.e., by the proposed pipelines and dispersal areas associated with the stormwater and wastewater elements of the project) were subject to an archaeological record search, archaeological survey, and sensitivity analysis for cultural resources.

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Setting Environmental Setting

The project area is located on the USGS Malibu Beach 7.5-minute quadrangle map in Township 1 South, Range 17 West, in an unsectioned portion of the Topanga Malibu Sequit. The project area is located on an old marine terrace within a region that consists primarily of mountains and hills flanked or separated by narrow to moderately broad valleys. The geology of the area is defined by the Transverse Ranges, which extend from Point Arguello on the coast to the eastern end of the Little San Bernardino Mountains to as far east as the Eagle Mountains, some 50 miles from the Colorado River. The region is topographically diverse and comprises 13 geologic and topographic units, among them the and their westward extension and the northern Channel Islands. The units are composed principally of several thousand feet of mildly metamorphosed argillaceous rocks, dominated by argillite, phyllite, and slate grading into mica and chlorite schists (Demcak 1996).

The Legacy Park site includes a 15-acre parcel that is bounded by Webb Way to the west, Civic Center Way to the north, the shopping center on Cross Creek Road to the east, and Pacific Coast Highway to the south. The Linear Park site includes an area along the north side of Cross Creek Road that would be developed as a landscaped walkway with bio-swales. (a blue line stream) and Malibu Lagoon are located approximately 0.25 mile east of the proposed Legacy Park site. On the far eastern boundary of the project area, another 0.25 mile east of Malibu Creek, is Sweetwater Mesa Creek, a north–south trending blue line stream that may be affected by the proposed recycled water pipeline associated with the wastewater element of the project. A drainage feature, depicted on the 1932 USGS Las Flores 15-minute quadrangle map, lies 0.25 mile west of the Park. Winter Canyon (a blue line stream) is located north of Pacific Coast Highway on the far western boundary of the project area. The Adamson House, situated just over 25 feet above mean sea level (amsl), is located on the east side of Malibu Lagoon.

Malibu Bluffs Park is located south of Pacific Coast Highway. The Pacific Ocean lies to the south. Broad low-lying delta sediments lie to the west of Malibu Lagoon, within the Park area. It is probable that the Lagoon migrated within this delta setting over time. Elevation in the project area ranges from sea level to 25 to 100 feet amsl. Slightly elevated beachfront land exists along the eastern and western edges of the Lagoon.

Historically, Malibu Lagoon once extended beyond its current boundaries, but a substantial portion of the low-lying areas near the mouth of Malibu Creek were filled in during the 1940s and 1950s. As a result of urban encroachment, the present-day Malibu Lagoon covers a very small portion of its historic area. The Malibu Creek Bridge along Pacific Coast Highway dissected and constricted the Lagoon’s surface

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area, and by the 1970s, the Lagoon was partially filled and covered by two baseball fields. In 1982, these baseball fields were removed and the western arms of the Lagoon were restored. Soils occurring within and surrounding the Lagoon are typical of a coastal valley floor alluvial landform and include Elder sandy loam, Sorrento loam, river wash, and coastal beach.

Vegetation within the project area consists of various types of coastal scrub and salt, brackish, and freshwater marsh habitats, with many nonnative and ruderal species. Malibu Lagoon supports numerous bird and invertebrate species, including over 200 bird species and two endangered fish. Lagoon habitats do not support many mammal or reptile species; however, sea mammals may have been present prior to extensive development (Robinson 2006).

Cultural Setting

The prehistoric occupation of Southern is divided chronologically into four temporal phases or horizons (Moratto 1984).

„ Horizon I, or the Early Man Horizon, began at the first appearance of people in the region (approximately 12,000 years ago) and continued until about 5000 B.C. Although little is known about these people, it is assumed that they were semi-nomadic, subsisting primarily on game.

„ Horizon II, also known as the Millingstone Horizon or Encinitas Tradition, began around 5000 B.C. and continued until about 1500 B.C. The Millingstone Horizon is characterized by widespread use of milling stones (manos and metates), core tools, and a few projectile points or bone and shell artifacts. This horizon appears to represent a diversification of subsistence activities and a more sedentary settlement pattern. Archaeological evidence suggests that hunting became less important and that reliance on collecting shellfish and vegetal resources increased (Moratto 1984).

„ Horizon III, the Intermediate Horizon or Campbell Tradition, began around 1500 B.C. and continued until about A.D. 600–800. Horizon III is defined by a shift from the use of milling stones to increased use of mortar and pestle, possibly indicating a greater reliance on acorns as a food source. Projectile points become more abundant and, together with faunal remains, indicate increased use of both land and sea mammals (Moratto 1984).

„ Horizon IV, the Late Horizon, which began around A.D. 600–800 and terminated with the arrival of Europeans, is characterized by dense populations; diversified hunting and gathering subsistence strategies, including intensive fishing and sea mammal hunting; extensive trade networks; use of the bow and arrow; and a general cultural elaboration (Moratto 1984).

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Ethnographic Setting

The project area is in the vicinity of the Malibu Lagoon, which is within the territory of the Chumash Native American group (Grant 1978). The Chumash occupied the region from San Luis Obispo to Malibu Canyon on the coast, the four northern Channel Islands, and inland regions as far as the western edge of the San Joaquin Valley (Grant 1978). The Chumash are subdivided into subgroups based on six distinct language dialects: Barbareno, Ventureno, Purisimeno, Ynezeno, Obispeno, and Island. The project area is situated within the territory of the Ventureno, a coastal Chumash group (Grant 1978). The name is derived from the nearest mission, San Buenaventura. The Chumash lived along the coast from Malibu to San Luis Obispo. They also lived in the interior valleys, such as Santa Ynez, Cuyama, Santa Clara, and Simi. A Chumash village, Humaliwo, was located beyond the northeastern side of Malibu Lagoon on a small rise overlooking the Lagoon and the ocean. This is now the site of the Adamson House.

The Chumash were very advanced in their culture, social organization, religious beliefs, and art and material object production (Morrato 1984). Class differentiation, inherited chieftainship, and inter-village alliances were all components of Chumash society. The Chumash were one of the most advanced Indian groups in California. They were excellent craftsmen and were known for well-made tools, bowls, and baskets. Of note are bowls and carvings of killer whales and other forms of sea life and effigies made from steatite. Sometimes the bowls were inlaid with colorful abalone shells. Other implements were made of sandstone, including large bowls. Flint, chert, and obsidian were used to make projectile points, drills, scrapers, choppers, and knives.

Baskets made by the Chumash were outstanding in workmanship and design. Baskets were used for gathering seeds, bulbs, and roots. Water was stored and carried in baskets waterproofed on the inside with naturally occurring tar, called asphaltum. Asphaltum was used extensively by the Chumash to caulk canoes, or “tomols”; seal water baskets; attach shell inlay to bowls; and fasten arrow and spear points to shafts.

Fishhooks were made of abalone shell. The major use for the shell, however, was for decoration. It was lavishly inlaid on stone, bone, and wood. The surface to be decorated received a coating of asphalt onto which was pressed the shell inlay. Giant Pismo clams were used for beads and money. Many tiny drilled shell beads were manufactured for use as decoration and a means of exchange.

Bone was used by the Chumash in creating many artifacts. It was used extensively for necklaces, especially when long tubular beads were required. Flutes and whistles were also made of bone, usually deer tibia. Whalebone was used for many tasks. When shaped like a wedge, it could be used to split wooden planks, and bars made from whalebone could be

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used to pry abalone loose from coastal rocks. A notable technological achievement of the Chumash was the planked canoe, or “tomol.” These were made of several planks sewn together at the seams with very strong twine, and the joints were sealed with asphaltum. For more information on Chumash history and culture in and around the project area, visit the Wishtoyo Foundation web site, at www.wishtoyo.org.

Humaliwo village was one of the most important Chumash villages along the coast. Extensive cultural remains are present at this site as well as evidence of numerous human burials. Portions of the site may date as far back as 7000 years Before Present (B.P.) (Gamble et al. 1995, 1996).

The Humaliwo village site, which is listed on the National Register of Historic Places (NRHP), was originally recorded in 1959, and several excavations took place there in the 1960s and 1970s. It consists of five components: an Early/Middle Period deposit, a Middle Period deposit, a Middle Period cemetery, a Late Period deposit, and an historic era cemetery. Numerous artifacts and other cultural materials have been collected from the site, which includes of an extensive shell midden. The site has more than 200 burial plots, some with tomols. Some burials included numerous shell and glass beads and fish and whale effigies (Gamble et al. 1995, 1996).

Historic Setting

The first recorded European activity at Malibu Lagoon occurred in 1542 when Spanish sailor Juan Cabrillo anchored there to obtain fresh water. Sailing northward up the California coast, he anchored on October 10 in the small bay at Malibu Lagoon and claimed this landfall for the King of Spain. He stayed until October 13, filling his water casks and naming this tranquil lagoon and beach in his log the “Pueblo de las Canoas” (Town of the Canoes) because of the many canoes that came to visit his ships from the adjacent village.

After this, more than 200 years were to pass before further Spanish contact. An expedition led by Spanish explorer Juan Bautista de Anza camped at Malibu Creek on February 22, 1776. One member of this expedition, Jose Bartolome Tapia, rode down the canyon to the beach to explore the area. The Tapia family ultimately settled in Northern California where Jose Tapia became mayordomo of the San Luis Obispo Mission rancho.

The first Franciscan mission in Chumash territory was built in San Luis Obispo in 1772. Four additional missions were built in this cultural area: San Buenaventura (1782), Santa Barbara (1786), La Purisima Concepcion (1787), and Santa Ynez (1804). Inhabitants of Humaliwo were recruited into these missions. By 1805, all native inhabitants of the

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village had been incorporated into the Mission system, either at Mission San Fernando or Mission San Buenaventura, and Humaliwo was abandoned (Gamble et al. 1995, 1996).

In 1800, Jose Tapia and his family returned to Southern California and began farming near San Gabriel. Tapia then applied for a grant of the land he had seen in 1776, and due to his previous service in the army, he was awarded an area of about 13,330 acres called Rancho Topanga Malibu Sequit (Rancho Malibu). Tapia lived with his wife and family on Vaquero Flats in Rancho Malibu, raising cattle until his death on April 18, 1824. The widow of Jose Tapia owned the rancho until 1848 when it was sold to Leon Victor Prudhomme, who had married her granddaughter Maria Tapia.

Prudhomme had acquired the property during the transition period between Mexican rule and United States administration of California. When the U.S. Land Commission began hearings in 1852, Prudhomme put in his claim for Rancho Malibu. No documents could be produced actually proving the early-day grant to Jose Tapia. A search of the surveyor general’s office in San Francisco proved futile, and in 1854, the commissioners turned down Prudhomme’s claim.

Prudhomme remained on the land even though he did not have clear title. This was the era of the California gold rush, and the rancho’s cattle brought high prices when driven north to the mining camps. By 1857, however, a panic and financial depression had hit California. Prudhomme was discouraged and sought a buyer for his rancho.

In 1857, Don Mateo Keller, born Matthew Keller in Ireland in 1811, paid the Prudhommes $1,400, or about 10 cents an acre, for the entire rancho. With new evidence and better lawyers, Keller’s claim to Rancho Malibu was confirmed on October 24, 1864. Matthew Keller died in 1881, and his son, Henry Keller, succeeded his father as owner of the rancho.

In 1892, Frederick Hastings Rindge, a Harvard graduate who inherited $2 million on his 29th birthday, bought Rancho Malibu from Henry Keller. Rindge, a poet as well as a businessman, was drawn to the extraordinary setting of the rancho, which he described in his self- published book Happy Days in Southern California. Rindge; his wife, May; and their three children resided in Santa Monica. Rindge became a prominent local businessman and was founder of the Conservative Life Insurance Company (later Pacific Mutual) and the Los Angeles Edison Electric Company.

In 1903, Frederick Rindge began plans to construct a railroad on Rancho Malibu to deter threats he believed stemmed from the Southern Pacific Railroad’s presence in Southern California. It was to be called the Hueneme, Malibu, and Port Los Angeles Railway. Before work began, Rindge died suddenly in 1905. After his death, his widow, May Rindge, spent the next twenty-odd years building the railway and fighting the Southern Pacific.

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Although Mrs. Rindge prevented the railroad from crossing her ranch, she was unable to stop the State of California from constructing and opening a state highway in 1928 (Pacific Coast Highway).

Residential and commercial development in the City began in 1929, after the establishment of the state highway. May Rindge and, later, her daughter, Rhoda Rindge Adamson, through their Marblehead Land Company, gradually sold off parcels of the property. The sale of land reduced the family’s land holdings to 4,000 acres by 1962. Four years later, the family’s holding company, the Adamson Companies, donated 138 acres to .

In 1929, the Adamsons built a beach house on land given to them by May Rindge. The area was called Vaquero Hill because a cowboy’s shack once stood there. The site for the beach house, on the south side of the Lagoon, is adjacent to the proposed force main wastewater collection plant pipeline. The Adamsons used the home as a beach house, maintaining their permanent home in the Hancock Park area of Los Angeles from 1924 to 1936. In 1936, the beach house became their permanent residence.

After the death of Rhoda Rindge Adamson in 1962, California State Parks worked with her descendents to acquire the property. The agency acquired the Adamson House in 1968, recognizing the unique architectural and archaeological significance of the property as well as the challenges for long-term maintenance of the house, buildings, and grounds. With support from the newly formed Malibu Historical Society, the historical significance of the house and grounds were documented. In 1977, the society’s efforts resulted in the property being placed on the NRHP. The house, boathouse, landscape features, and manicured grounds surrounding the property are all considered contributing elements of the historic property. The house is also listed as California Historical Landmark No. 966. The Adamson House currently is home to the Malibu Lagoon Museum.

Survey Findings

Archaeological Records Search

An archaeological records search was conducted for the proposed project at the South Central Coastal Information Center (SCCIC) on August 23, 2007. The search included a review of all recorded archaeological sites within a 1-mile radius of the project area as well as cultural resource reports on file. The California Points of Historical Interest, California Historical Landmarks, California Register of Historical Places, NRHP, and the California State Historic Resources Inventory were also reviewed. Additionally, the historic USGS 15-minute quadrangle maps of Calabasas (1903) and Las Flores (1932) were reviewed for the above- referenced project.

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The results of the records search indicate that 110 cultural resource studies have been conducted within a 1-mile radius of the project area. Two studies (Demcak 1996; McKenna 2001) were conducted within the Legacy Park site. The 1996 and 2001 archaeological surveys conducted at the Legacy Park site identified no surface cultural artifacts. Four cultural resource sites have been identified within the proposed project area (see Table 3D-1 below).Three of these sites are located within the potential areas for the proposed wastewater collection and recycled water pipelines (19-000264, 19-001417, and 19-001449); 19-000264, the Chumash village site, Humaliwo, is listed on the NRHP (76000492). Note the design and location of these wastewater collection and recycled water pipelines has not been finalized; a subsequent environmental document will be prepared to address potential impacts due to the wastewater element.

Table 3D-1. Previously Recorded Cultural Resource Sites Located within the Project Area

Resource Number Resource Type Eligibility Determination 19-000264 Chumash village site, Humaliwo National Register of Historic Places, 76000492 19-001417 Shell midden with flake debitage, burned rock, Not evaluated and charcoal 19-001449 Shell midden with a fragment of redwood Not evaluated 19-001991 Sparse shell scatter Not officially evaluated Notes: See References chapter for additional resource information. Source: Jones & Stokes 2008.

One cultural resource site (19-001991) is located within the proposed wastewater treatment plant site. However in In 1991, a test excavation was conducted at the site one cultural resource site (19-001991). The shell deposit measured 30 centimeters below the surface, but no prehistoric cultural materials were identified. It was observed that the site had been significantly disturbed by agricultural disking. The shell scatter was therefore determined not to be an archaeological deposit (Becker 1991).

Eighteen cultural resource sites have been identified within a 1-mile radius of the project area (see Table 3D-2).

The California Point of Historical Interest lists one property within a 1-mile radius of the project area: LAN-037, Malibu Pier, 19-186261.

The California Historical Landmarks lists one property within a 1-mile radius of the project area: No. 966, Adamson House at Malibu Lagoon State Beach, 19-177472.

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Table 3D-2. Previously Recorded Cultural Resource Sites Located within 1 Mile of the Project Area

Resource Number Resource Type Eligibility Determination 19-000031 Lithic scatter and ground stone artifacts Not evaluated 19-000264 Chumash village site, Humaliwo National Register of Historic Places, 76000492 19-000266 Lithic scatter Not evaluated 19-000319 Midden Not evaluated 19-000386 Rock shelter with associated tools and Not evaluated basketry fragments 19-000387 Tapia Ranch Not evaluated 19-000404 Lithic scatter Not evaluated 19-000406 Lithic scatter Not evaluated 19-000471 Lithic scatter Not evaluated 19-000690 Shell midden with lithic artifacts Not evaluated 19-001105 Lithic scatter Not evaluated 19-001106 Lithic scatter with ground stone Not evaluated 19-001417 Shell midden with flake debitage, burned Not evaluated rock, and charcoal 19-001449 Midden with a fragment of redwood Not evaluated 19-001715 Lithic scatter and ground stone Not evaluated 19-001991 Sparse shell scatter Not officially evaluated 19-002247 Shell scatter Not evaluated 19-002936 Shell midden with a lithic scatter and a Not evaluated historic component 19-002937 Lithic scatter Not evaluated 19-003125 Lithic scatter. May be associated with Not evaluated 19-000267, home of the first chiefs of Malibu. 19-177472 Adamson House California Historical Landmark, No. 966, and National Register of Historic Places, 77000298 19-186261 Malibu Pier California Point of Historical Interest No. 37 Notes: See References chapter for additional resource information. Source: Jones & Stokes 2008.

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NRHP lists two properties within a 1-mile radius of the project area: 76000492, Humaliwo, the Chumash Village Site (19-000264), and 77000298, Adamson House at Malibu Lagoon State Beach (19-177472).

The 1903 USGS Calabasas 15-minute quadrangle map depicts the project area as vacant. There is an east–west road that follows the coastline, then heads north and around the Lagoon area before returning to the coastline, creating the present-day shape of the project area. A few structures are depicted along this road. From this main road, two parallel roads extend northward above the Lagoon and head into the canyon area, with a few structures depicted. There are four structures depicted below the coast road on the east side of the Lagoon. There is a small, unnamed body of water to the west of the Lagoon. Malibu Creek is depicted to the east of the project area, and Marie Canyon and Puerco Canyon are located to the west. Unnamed tributaries flow southward from these canyons to the ocean.

The 1932 USGS Las Flores 15-minute quadrangle map depicts the project area with four structures and a north–south road on the east side of the present-day project area. The road depicted in the 1903 Calabasas 15-minute quadrangle map is still in existence, creating the northern and western boundaries of the present-day project area. The majority of the area is still open land. The state highway has been constructed, cutting through the Lagoon area. Malibu Lagoon State Beach is depicted with structures along the shoreline and a north–south road connecting to the state highway. Malibu Pier is depicted to the east of the Lagoon.

Native American Consultation

On August 24, 2007, the NAHC was contacted regarding the proposed project. A response from the NAHC on August 28, 2007, indicates that no project-area sacred lands have been recorded in the Sacred Lands File. The NAHC also provided a list of Native American groups and individuals who might have knowledge of cultural resources in the project area. On August 28, 2007, letters describing the project were sent to the nine representatives provided by the NAHC (see Appendix C).

On November 15, 2007, the City sent the NOP for the EIR to the NAHC. A response from the NAHC on November 27, 2007, outlined the procedures for complying with CEQA with respect to proposed impacts on historical and archaeological resources within the project area. The NAHC also provided a list of Native American groups and individuals who might have knowledge of cultural resources in the project area. This updated list included five new Native American contacts that were not included in the August 28, 2007, response to Jones & Stokes from the NAHC. Letters describing the project were sent on December 18, 2007, to the five additional representatives provided by the NAHC (see Appendix C).

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Specific consultations with Native American representatives in response to the notification letters are detailed below. In accordance with provisions of SB 18, the City will continue consultation with Native American tribes and representatives throughout project planning and implementation.

On September 4, 2007, Jones & Stokes spoke with Beverly Salazar Folkes, a Chumash representative. Ms. Folkes requested that, due to the proposed project being located close to the Chumash village site, Humaliwo, and the history of the Malibu area, archaeological monitoring by a professional archaeologist and a Native American representative should be conducted during all trenching and other earth-disturbing activities of the proposed project.

On December 19, 2007, Jones & Stokes spoke with Anthony Morales, chairperson of the Gabrieleno/Tongva San Gabriel Band of Mission Indians. Mr. Morales expressed concern regarding the sensitivity of buried cultural resources that may be affected by the proposed project. Mr. Morales recommended that archaeological monitoring by a professional archaeologist and a Native American representative be conducted during all trenching and other earth-disturbing activities of the proposed project.

On January 7, 2008, Jones & Stokes spoke with Patrick Tumamait, a Chumash representative. Mr. Tumamait expressed concern for known cultural resource sites that may be affected by the proposed project. Mr. Tumamait also recommended that archaeological testing be conducted in areas with previously recorded sites and that archaeological monitoring be conducted within the proposed project areas.

On December 31, 2007, Jones & Stokes spoke with Robert Dorame, tribal chair of the Gabrielino Tongva Indians of California Tribal Council. Mr. Dorame expressed concern regarding construction-related impacts on culturally sensitive areas located around Malibu Pier and Malibu Lagoon. Mr. Dorame requested that he be kept up to date on the progress of the project, and he requested that a Gabrielino representative monitor all construction-related ground-disturbing activities.

Archaeological Survey Findings

Proposed Legacy Park Site

An archaeological survey was conducted within the 15-acre Legacy Park site by walking parallel transacts in an east–west direction across the property. The Park is bounded by Webb Way to the west, Civic Center Way to the north, the Malibu Country Mart shopping center on Cross Creek Road to the east, and Pacific Coast Highway to the south. Malibu Lagoon, Humaliwo, the Chumash Village site, and the Adamson House

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are located approximately 0.25 mile southeast of the Legacy Park site. Ground surface levels vary throughout the Legacy Park site, indicating disturbances from past modifications. Ground cover was sparse; ground surface visibility was good. The soil was a silty light brown mixed with fill and asphalt. An east–west gully was observed in the northern portion of the Legacy Park site. At the time of the survey, there were two large black tanks on the east side of the Legacy Park site, with smaller metal barrels containing fluid placed around the tanks. In the southern section, a centrally located asphalt driveway was identified, which led to Pacific Coast Highway. Two wooden posts were positioned on opposite sides of the driveway, with a chain across the entry. An ornamental fir tree was found at the west corner of the driveway, and there were two utility manholes within the vicinity of the driveway.

According to the 1932 USGS Las Flores 15-minute quadrangle map, there once was a single structure within the vicinity of the driveway. According to this map, the driveway extended northward across the Legacy Park site and connected to Cross Creek Road, but by the time of the 1950 USGS (photo revised 1981; minor revision 1994) Malibu 7.5- minute quadrangle map, the driveway was no longer connected to Cross Creek Road, instead ending halfway across the northern portion of the Legacy Park site. However, the single structure is still depicted on the 1950 map. The northern extension of the driveway depicted on the 1932 Las Flores map and the 1950 Malibu map was not identified during the archaeological reconnaissance survey, and the single structure is no longer in existence.

The west side of the Legacy Park site has little to no grass cover. The ground is hard-packed gravel. It appears this area has been used for event parking in the past. No cultural resources were observed during the archaeological reconnaissance survey.

Proposed Linear Park Site

An archaeological survey was also conducted for the Linear Park site by walking parallel transects in an east–west direction across the property. The Linear Park site extends for the entirety of Civic Center Way (a 20-foot- wide easement along the northern side of the road in the City’s ROW). The site is bounded by Webb Way to the west, Cross Creek Road to the east Civic Center Way to the south, the county facilities (including the library) and two empty parcels to the north. Humaliwo, the Chumash Village site, and the Adamson House are located approximately 0.26 mile southeast of the proposed Linear Park site. This area is mostly paved, with some unpaved disturbed grass areas located along the northern edge of the site. No cultural resources were observed during the archaeological reconnaissance survey.

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Proposed Wastewater Treatment Plant Site

The proposed wastewater treatment plant site is located approximately 0.2 mile north of the Legacy Park site, behind the library and county buildings at the base of a large drainage feature. An archaeological site, 19-001991, a sparse shell scatter, was recorded within the vicinity of the wastewater treatment plant site. An archaeological survey was conducted by walking the site for the wastewater treatment plant and observing the surrounding field and hillside. The field has been tilled, and the hillside has been burned by the recent wildfires. There are small to large rock cobbles that litter the ground surface and hillsides. There is a terrace on the north side of the field that follows the base of the hillside. Within this terraced area there is an old east–west pipeline. The pipeline extends to Stuart Ranch Road to the west and Cross Creek Road to the east. At the base of the drainage is a succession of four utility manholes, heading southward in a line. They are 4 feet in diameter and approximately 1 foot above the ground surface. The manholes are made of brick, with concrete covers and iron lids. Three of the utility manholes are spaced approximately 33 feet apart; the northernmost utility manhole, located within the drainage, is approximately 148 feet from the southern manhole. No surficial evidence of the sparse shell scatter site (19-001991) was identified.

Additional Areas Surveyed

The following analysis discusses additional areas where specific pipeline and roadway disturbances, such as trenching, excavation, and other subsurface work, could occur and affect archaeological resources.

Stormwater, Wastewater, and Recycled Water Pipelines Underground stormwater facilities/improvements are proposed for Civic Center Way, Stuart Ranch Road/Webb Way, Cross Creek Road as well as the Legacy Park site. Pipelines for recycled water are also proposed for these roads as well as an unpaved access road adjacent to the county administrative buildings. Pipelines associated with a potential wastewater collection system are also proposed for these areas as well as Malibu Road, Malibu Colony Drive, and Pacific Coast Highway. Most of the roads are paved, with commercial, residential, or public service land uses on either side. Stuart Ranch Road/Webb Way has open fields on the east and west sides. South of Civic Center Way and north of Pacific Coast Highway, the proposed Legacy Park site as well as a vacant parcel of land are situated east and west of Webb Way. No cultural resources were observed during archaeological reconnaissance in any of these vacant areas. However, some known archaeological sites are located close to these roads. Archaeological site 19-001417, a small midden site on the north side of Malibu Road, is located near the corner of Webb Way and Malibu Road, behind the Malibu Country Mart. The location is a paved sidewalk, and there is landscape vegetation.

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Although most of Pacific Coast Highway is paved and disturbed, there are six recorded archaeological sites in the vicinity of the Pacific Coast Highway Bridge crossing at Malibu Lagoon. Also, two sites, 19-000264, the Chumash village site, and 19-001449, a midden site, are located in the vicinity of Pacific Coast Highway. Between Cross Creek Road, on the west, and Serra Road, on the east, there is one archaeological site within the proposed project area (where a pipeline may be located), 19- 000264, Humaliwo, the Chumash village site. The project area has high archaeological sensitivity due to these known archaeological sites in the vicinity.

Potential Dispersal Areas Areas in the vicinity of Stuart Ranch Road and Civic Center Way could be used for the dispersal of wastewater that is not reused or returned to existing leach fields. Since the dispersal areas have not been finalized, as part of the subsequent environmental document, dispersal areas will be resurveyed. Nonetheless, a summary of the survey findings in the vicinity of the Civic Center Way and Stuart Ranch Road is provided below.

The proposed dispersal area could be located in the paved customer parking lots in front of the county buildings and along a strip of land that extends from the west corner of the parking lot to Stuart Ranch Road and across the south edge of the fenced field and another section of land on the east side of the library along the dirt road. No cultural resources were observed during the archaeological reconnaissance survey.

The area in the vicinity of Civic Center Way and Stuart Ranch Road was surveyed by walking areas behind the library and county buildings (north and across the field). An archaeological site, 19-001991, a sparse shell scatter, was recorded within the vicinity of Stuart Ranch Road. The field has been tilled and the hillside burned from the recent wild fires.

A historic trash scatter was identified on the west side of the drainage feature, along the downslope side of the hill. The scatter extends downslope approximately 30 feet, and the material dispersal area is approximately 20 feet wide. More than 200 glass, crockery, and metal fragments were identified within the area. There are clear, green, and brown glass bottle fragments representing milk bottles, mason jars, soda bottles, beer bottles, medicinal, and toiletry bottles. Maker’s marks on glass bottle bases made possible the identification of the manufacturers, Owens Illinois and the Maywood Glass Company of Compton, California, and placed the time period of the trash scatter to between 1948 and 1951. Sardine and tobacco tins, small metal springs, two silver- plated spoons with a stamped floral design on the handles, and one metal snap button from a garment were identified as well.

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Regulatory Setting

Federal

There are no federal regulations that pertain to archaeological resources.

State

CEQA

According to CEQA (Public Resources Code, Section 21084.1), historical resources include any resource listed, or determined to be eligible for listing, in the California Register of Historical Resources (CRHR). Properties listed in, or determined eligible for listing in, the NRHP, such as those identified in the Section 106 process, are automatically listed in the CRHR. Therefore, all “historic properties” under federal preservation law are automatically “historical resources” under state preservation law. Historical resources are also presumed to be significant if they are included in a local register of historical resources (e.g., City of Los Angeles Historic-Cultural Monuments) or identified as significant in a qualified historical resource survey. Section 15064.5 of the CEQA Guidelines sets forth the criteria and procedures for determining significant historical resources and the potential effects of a project on such resources. Generally, a resource shall be considered by the lead state agency to be “historically significant” if the resource meets any of the criteria for listing on the CRHR, including the following:

„ The resource is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;

„ The resource is associated with the lives of persons important in our past;

„ The resource embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual or possesses high artistic values; or

„ The resource has yielded, or may be likely to yield, information important in prehistory or history.

In addition, if an archaeological resource does not fall within the definition of an historical resource but does meet the definition of a “unique archaeological resource” (Public Resources Code 21083.2), then the site must be treated in accordance with the special provisions for such resources. An archaeological resource is unique if it:

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„ Is associated with an event or person of recognized significance in California or American history or recognized scientific importance in prehistory;

„ Can provide information that is of demonstrable public interest and is useful in addressing scientifically consequential and reasonable research questions; or

„ Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind.

Native American Human Remains

The disposition of Native American burials is governed by Section 7050.5 of the California Health and Safety Code and Sections 5097.94 and 5097.98 of the Public Resources Code as well as jurisdiction of the NAHC. Section 7052 of the Health and Safety Code establishes a felony penalty for mutilating, disinterring, or otherwise disturbing human remains, except by relatives.

Penal Code Section 622.5 provides misdemeanor penalties for injuring or destroying objects of historical or archaeological interest located on public or private lands but specifically excludes the landowner. Public Resources Code Section 5097.5 defines as a misdemeanor the unauthorized disturbance or removal of archaeological or historical resources located on public lands.

Senate Bill 18

California Senate Bill 18 places the responsibility of initiating consultation with applicable Native American groups on local governments. Senate Bill 18 introduces a separate process that expands the focus to include, for both federally and non-federally recognized tribes, traditional tribal cultural places located on both public and private lands. A cultural place is a landscape feature, site, or cultural resource that has some relationship to a particular tribal religious heritage or a historic or archaeological site of significance or potential significance. The cultural place may be outside the reservation boundary.

The purpose of Senate Bill 18 is to provide time for tribal input early in the planning process. Besides city staff and tribal representatives, the process may also include applicants and consultants. Senate Bill 18 consultation applies to the adoption and amendment of both general plans and specific plans proposed on or after March 1, 2005. Senate Bill 18 consultation is a “government to government” interaction between tribal representatives and representatives of the local jurisdiction.

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Local

City of Malibu General Plan

The City’s General Plan was adopted in 1996 and last revised in 2004 (City of Malibu 1996c). The general plan is primarily a policy document that sets goals concerning the community and gives direction to growth and development. In addition, it outlines the programs that were developed to accomplish the goals and policies of the general plan.

Conservation Element The Conservation (CON) Element of the general plan serves as a guide for the conservation, protection, restoration, management, development, and appropriate and responsible utilization of the City s existing natural resources. The CON Element has the following goals and policies as well as implementation measures pertaining to archaeological resources:

CON Goal 2 Cultural resources preserved and protected.

„ CON Policy 2.1.1 The City shall identify, designate, protect, and preserve areas, sites, or structures of historic, cultural, paleontological, and/or archeological significance.

„ CON Policy 2.1.2 The City shall avoid the destruction or alteration of cultural resources.

„ CON Policy 2. 1.3 The City shall provide incentives to property owners of historical structures to encourage preservation of designated cultural resources.

„ CON Implementation Measure 76 Work with appropriate agencies, such as the UCLA Archeological Center, to keep current maps of significant archeological areas.

„ CON Implementation Measure 77 Maintain archives and a database of completed research and studies.

„ CON Implementation Measure 78 Review all applications for development to determine whether the development may have an adverse impact on cultural resources.

„ CON Implementation Measure 79 Require site surveys to be performed by qualified technical personnel for projects located in areas identified as archaeologically/paleontologically sensitive. Data derived from such surveys shall be used to formulate mitigation measures for the project, and all such feasible mitigation measures shall be applied to the project.

„ CON Implementation Measure 80 Adopt standards for replacement expansion, remodel, and restoration of designated historic structures to preserve integrity of design.

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„ CON Implementation Measure 81 Cooperate with volunteer organizations to preserve and restore historic sites and structures.

„ CON Implementation Measure 82 Encourage proper curation, and prohibit casual collection of significant artifacts.

„ CON Implementation Measure 83 Support the establishment of a museum/study center in the study area to display archeological/paleontological artifacts and to present continuing programs to acquaint the public with the cultural and historic value of these resources.

„ CON Implementation Measure 84 Explore all available measures, including purchase, tax relief, and purchase or transfer of development rights to avoid development on historic, prehistoric, archeological, and other classes of cultural sites.

City of Malibu Local Coastal Program

The City lies entirely within with the California Coastal Zone, as defined by the California Coastal Act. The Coastal Act requires that its goals and policies be implemented by local government through the LCP process. The LCP is composed of two parts: the LUP and the LIP; both were adopted by the California Coastal Commission on September 13, 2002.

Land Use Plan The LUP contains a variety of policies that support cultural resource protection. LUP policies related to archeological resources are listed below.

Policy 5.60 New development shall protect and preserve archaeological, historical, and paleontological resources from destruction and shall avoid and minimize impacts on such resources.

Policy 5.61 Where development would adversely affect archaeological or paleontological resources, as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required.

Policy 5.62 The City should coordinate with appropriate agencies, such as the UCLA Archaeological Center, to identify archaeologically sensitive areas. Such information should be kept confidential to protect archaeological resources.

Policy 5.63 Coastal Development Permits for new development within archaeologically sensitive areas shall be conditioned upon the implementation of the appropriate mitigation measures.

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Policy 5.64 New development on sites identified as archaeologically sensitive shall include onsite monitoring of all grading, excavation, and site preparation that involves earthmoving operations by a qualified archaeologist(s) and appropriate Native American consultant(s).

Policy 5.65 The establishment of a museum/visitor center to display local archaeological and or paleontological artifacts and to provide public educational information on the cultural and historic value of these resources shall be encouraged.

Local Implementation Plan Chapter 11, Archaeological/Cultural Resources, of the LIP contains provisions to avoid damage to or destruction of important cultural resources within the City. LIP Section 11.3 provides various steps and stages for evaluation of the cultural resources, provisions to evaluate the resources, and provisions for mitigation programs to reduce impacts on cultural resources. The chapter provides a detail procedure of dealing with cultural resources if encountered during development activities.

Impacts and Mitigation Thresholds of Significance

For the purposes of this EIR, and in accordance with Section 21084.1 of CEQA, the proposed project would have a significant adverse environmental impact if it would:

„ Cause a substantial or potentially substantial adverse change in the significance of a historical resource.

CEQA statutes and the CEQA Guidelines, direct lead agencies to first determine whether an archaeological site is a “historically significant” cultural resource. Generally, a cultural resource shall be considered by the lead state agency to be historically significant if the resource meets any of the following criteria for listing in the California Register of Historical Resources:

„ Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;

„ Is associated with the lives of persons important in our past;

„ Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual or possesses high artistic values; or

„ Has yielded, or may be likely to yield, information important in prehistory or history.

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The cited statutes and guidelines specify how cultural resources are to be managed in the context of projects, such as the proposed project. In sum, these regulations require that archival and field surveys are conducted and that identified cultural resources are inventoried and evaluated in prescribed ways. Prehistoric and historical resources deemed historically significant must be considered in project planning and development. Therefore, if potentially significant archaeological resources are discovered during implementation of the proposed project, those resources must be inventoried and evaluated to ascertain whether they meet the criteria for listing in the California Register of Historical Resources.

Project Impacts

Construction-Period Impacts

Disturbance of previously unidentified buried cultural resource sites (less than significant after mitigation)

Park, Habitat and Stormwater, and Wastewater Elements Background research has identified four known cultural resource sites within the project area. Three of these sites are located within the proposed areas for the wastewater collection facilities and recycled water pipelines. One of those sites is 19-000264, the Chumash village site, Humaliwo, which is listed in the NRHP (76000492). One archaeological site (19-001991) is located within the planned wastewater treatment plant site. The archaeological survey identified a historic trash scatter in a proposed dispersal area along the hillside behind the library and county buildings. Portions of the project area have been developed and previously disturbed by structures, paved roads, pedestrian walkways, and landscaping. Other portions of the proposed project area, such as the Park and the wastewater treatment plant sites, are open fields.

Background research identified a total of 18 cultural resource sites within a 1-mile radius of the project area, and the previous archaeological surveys conducted for the project area indicate that the potential for encountering subsurface cultural resources within the project area is high.

Buried cultural resources could be inadvertently unearthed during ground-disturbing activities, resulting in the demolition of or substantial damage to significant cultural resources. This impact would be considered potentially significant. Avoidance or reduction of this potentially significant impact on buried or otherwise unidentified cultural resources would be achieved by implementing the mitigation measures below, thereby reducing the level of impact to less than significant.

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Mitigation Measures

AR-1 Archaeological monitoring by a qualified archaeologist shall be conducted for the entire project area (Legacy Park site, Linear Park site, wastewater treatment plant site, and all associated pipeline and conveyance sites) during initial ground disturbing activities. Additionally, the results of the Phase I archaeological survey identified a historic trash scatter within the vicinity of potential dispersal areas and the proposed wastewater treatment facility site, located north of the public library and County Administrative Buildings. Before any grading or excavation begins in this area, archaeological testing in the form of Shovel Test Probes (STPs) shall be conducted by qualified archaeologists. The archaeologists shall ascertain the depth and boundary of the historic site, recover any diagnostic artifacts for further evaluation, and, if necessary, develop appropriate treatment measures.

AR-2 As mentioned in AR-1, monitoring by a qualified archaeologist shall be conducted for the project area (Legacy Park site, Linear Park site, wastewater treatment plant site, and all associated pipeline and conveyance sites) during initial ground-disturbing activities. If buried cultural resources (e.g., flaked or ground stone, historic debris, building foundations, or non-human bone) are inadvertently discovered during ground-disturbing activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. If, during cultural resources monitoring, the archaeologist determines that the sediments being excavated have been previously disturbed or are unlikely to contain significant cultural materials, the archaeologist shall instruct that monitoring be reduced or eliminated.

Residual Impacts

Implementation of the mitigation measure above would reduce potential impacts to less-than-significant levels.

Disturbance of previously unidentified human remains (less than significant after mitigation)

Park, Habitat and Stormwater, and Wastewater Elements Buried human remains could be inadvertently unearthed during excavation activities, which could result in damage to the remains. This potentially significant impact on human remains may be avoided or reduced to a less-than-significant level by implementation of the following mitigation measure.

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Mitigation Measure

AR-3 If human remains of Native American origin are discovered during ground-disturbing activities, it will be necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the California NAHC (Public Resources Code Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California NAHC to determine the most likely living descendant(s). The most likely living descendant shall determine the most appropriate means of treating the human remains and any associated grave artifacts and oversee disposition of the human remains and associated artifacts by the project archaeologists.

Residual Impacts

Implementation of the mitigation measure above would reduce impacts to less-than-significant levels.

Long-Term Operational Impacts

Implementation of the mitigation measure above would reduce long-term operational impacts to less-than-significant levels.

Unavoidable Significant Adverse Impacts

There are known cultural resources present in the project areas. The potential for further discovery is high. Implementation of the mitigation measures identified above would reduce potential impacts on archaeological resources to a less-than-significant level.

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