HomeMy WebLinkAboutAGENDA REPORT 2005 0420 CC REG ITEM 09ATO:
FROM:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
TfEM._ q - A. MaNwr
CITY OF �° :1nQPARK,CALIFORNIA
of
ACTION:
/Lf�� sad
Barry K. Hogan, Community Development Director,
DATE: April 13, 2005 (CC Meeting of 04/20/05)
SUBJECT: Consider Claiming Ownership of the Mammoth Fossils
Found on the William Lyon Westpointe Project (Tracts
5187 and 5405)
DISCUSSION
Condition 13 of Resolution No. 2002 -1938 for Tract 5187 states
as follows:
13. Paleontological Mitigation Plan: Prior to the
issuance of a Zoning Clearance for a grading permit, a
paleontological mitigation plan outlining procedures
for paleontological data recovery shall be prepared
and submitted to the Director of Community Development
for review and approval. The development and
implementation of this program shall include
consultations with the Applicant's engineering
geologist. The monitoring and data recovery should
include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a
reasonable sample of available material. The
interpretation of reasonableness shall rest with the
Director of Community Development.
The applicant complied with this condition through the submittal
and approval of a Paleontological Resources Salvage Plan for TTM
Nos. 5187 and 5405 prepared by Ecological Sciences (see
attachment). Under this Plan three scenarios are identified for
collection and one for curation. On March 30 the on -site
paleontologist discovered fossilized bone fragments. The
following day the paleontologist found more fossilized bones and
S: \Community Development \DEV PMTS \R P D \1999 -02 West Pointe \agenda rpts \cc agenda report
Fossils.doc
Honorable City Council
April 20, 2005
Page 2
stopped grading in the area so that he could determine the
extent of the find. He determined that the find was significant
and working with the William Lyon project manager, Des Bunting,
called Los Angeles County Museum of Natural History who referred
him to Paleo Environmental Associates to assemble a
paleontological team to examine and remove, if necessary, the
remains. The City was notified of the discovery on April 1, a
city holiday. As of Saturday, April 9, 2005, all of the mammoth
fossil remains have been removed from the excavation. On April
11, 2005, the fossils were removed from the construction site to
a facility in Santa Ana where they will be cleaned and cataloged
in preparation of sending them to the appropriate facility for
scientific study.
The applicant requested commencement of grading based upon a
written statement by the on -site paleontologist that all remains
of the fossil had been removed. On April 12, 2005, the Community
Development Director, in accordance with condition 43 of
Resolution No. 2002 -1938, released the developer to commence
grading in that area.
43. Archaeological or Historical Finds: If any
archaeological or historical finds are uncovered
during excavation operations, all grading or
excavation shall cease in the immediate area, and the
find left untouched. The permittee shall assure the
preservation of the site; shall obtain the services of
a qualified paleontologist or archaeologist, whichever
is appropriate to recommend disposition of the site;
and shall obtain the Director of Community
Development's written concurrence of the recommended
disposition before resuming development. The Developer
shall be liable for the costs associated with the
professional investigation.
The remaining issue is curation and ownership of the fossils.
Under the Curation section of the Paleontological Resource
Salvage Plan it allows the City to claim ownership of the
fossils. In order to activate this provision the City would need
to provide a letter to the Los Angeles County Museum of Natural
History, within thirty days of receipt of a report on the
resources found, indicating that the City of Moorpark is
exercising its rights under the Paleontological Resources
Salvage Plan. As a worst case, staff is assuming that the report
000 -.35
Honorable City Council
April 20, 2005
Page 3
of the resources was the April 1, 2005, email from the William
Lyon project manager.
The cost of recovery, cleaning and cataloging the fossils is
required to be borne by the developer, William Lyon Homes.
Additionally the developer is expected to pay for the storage of
the fossils at the appropriate facility. If this facility were
the Los Angeles County Museum of Natural History (LACMNH), the
cost would be $150 per cubic foot (total cost is estimated to be
$70,000 to $80,000 one time cost). What is likely to happen, if
LACMNH is the curator of the fossils, is that they will be
stored for later use by the scientific community. It is not
likely that the fossil bones will be assembled into a skeleton
of the mammoth. Some fossilized bone may be displayed from time
to time at the Museum.
It is staff's suggestion that the City claim ownership for the
time being. During the intervening three to fourth months while
the fossil remains are being cleaned and prepared staff will
work with the Los Angeles County Museum of Natural History to
clarify the City's desires for curation, reconstruction,
potential display and ultimate ownership and related costs.
STAFF RECOMMENDATION
Direct staff to prepare and send a letter to the Los Angeles
Museum of Natural History exercising the City's rights to
ownership of the fossils found in Tract 5187.
Attachment: Paleontological Resources Salvage Plan for TTM
Nos. 5187 and 5405 prepared by Ecological
Sciences
UUU�.3�
PALEONTOLOGICAL RESOURCES SALVAGE PLAN
TTM's 5187 & 5405, Moorpark, Ventura County
Prepared for William Lyon Homes, Inc.
Introduction
This Paleontological Resources Salvage Plan (Plan) was prepared for the
William Lyon Homes, Inc. project in Moorpark, Ventura County. The
purpose of the plan is to describe salvage recovery methods based on the
potential of on site fossil resources to _yield scientific information
regarding evolutionary theory. The Plan outlines three potential salvage
scenarios should paleontological resources be unearthed during site
grading. The importance of a fossil find may be defined by its individual
rarity or spatial relationship to other fossil remains. The on site
Paleontological Monitor will determine the importance of a find
unilaterally or through collaboration with Los Angeles County Museum of
Natural History (LACMNH) staff.
The Paleontological Monitor will conduct periodic site visits to look for
fossil resources during grading of the Saugus Formation. When heavy
equipment is excavating undisturbed Saugus Formation, the monitor will
inspect the excavated area daily for evidence of fossil material.
Excavation activities and the number of concurrent excavation sites will
dictate the length of the daily inspection period. Inspection will occur in
the Saugus Formation regardless of the depth of excavation. If fossil
material is unearthed in any area, monitoring may be increased in
frequency and duration to determine the extent of the material.
If fossils are discovered by the monitor or construction personnel, the
method for salvage recovery may follow any of the described scenarios.
During the course of construction, any fossil biological remains which are
readily visible through periodic monitoring are to be considered
significant. However, it is not expected that all resources present would
be salvaged or recoverable in their entirety due to construction grading
methods, construction schedule time constraints, and intermittent
inspections. The Environmental Impact Report Mitigation Measure
(Geological Hazards Issue 5) states that "data recovery shall be limited to
the discovery of a reasonable sample of the available material."
CC ATTACHMENT
.<.. <.. 1 January 22, 2004
000 L.3T
Scenario 1
Isolated significant specimens will be collected and noted. If necessary,
equipment operators working in the immediate area will be notified by the
monitor of the find, and directed to work around the specimen location
until removal can be completed. If a specimen can not be removed
immediately, a fence of lathe and tape will be set up to exclude machinery
until collection is complete. Significant specimens shall be removed as
expeditiously as possible following accepted recovery protocols.
Methods of removal for isolated specimens can range from collection by
simply picking it up, to plaster jacket support, to removal with specialized
machinery. Method of removal will be dictated by the specimen's size,
stability, and surrounding matrix, as well as importance of the specimen.
Scenario 2
In the case of discovery of a significant assemblage of specimens such as a
partial skeleton or mix of faunal or floral remains, removal methods will
be the same as Scenario I but may also include sampling of the soils in
and around the specimens. Specimens such as pollens or microfauna may
at this point be considered significant. Test trenches may also be
excavated to determine the extent of the remains. Photographic recording
as well as mapping of the fossils in situ may also be warranted. Once
again, data and specimen collection will be performed in the most timely
manner with the least disruption to construction as is possible, following
accepted protocols.
Scenario 3
Should an extensive bone bed or assemblage of highly important
specimens be discovered, collection methods will be the same Scenario 2,
but could require detailed in situ mapping, removal, and study which
could involve extensive trenching, more detailed data collection, and
collaboration with other paleontologists. Impacts to the construction
schedule will be as minimal as is possible without compromising data and
specimen recovery.
Curation
Curation of all specimens recovered under any scenario will be through
the LACMNH. Additional services for data recovery, primarily for
Scenarios 2 or 3, could be performed by LACMNH. Unless a written
directive is issued by the City of Moorpark within 30 days of receipt of
report on the resources found, all specimens will remain the property of
LACMNH., and subject to their discretion.
2
January 22, 2004