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HomeMy WebLinkAboutTONGVA ANCESTRAL TERRITORIAL TRIBAL NATIONCITY OF NEWPORT BEACH PLANNING DEPARTMENT July 17, 2009 Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Administrator Via Email: tattnlawqmail.com Dear Mr. Rosas, Terri Fulton of LSA Associates, Inc., has made the City of Newport Beach aware of your request for consultation under Section 106 of the National Historic Preservation Act of 1966, as amended (Section 106) for the Newport Beach City Hall and Park Development Plan Project. In addition, you have asked if the project is located within the Coastal Zone, and would therefore be subject to review by the California Coastal Commission. As you are aware based on a letter sent to you on June 3, 2009 that also included the Notice of Preparation and Initial Study for the project, Ms. Fulton is serving as the City's point of contact for Native American consultation. With regards to your questions, the City has the following responses. The project is not within the Coastal Zone and is not subject to review by the Coastal Commission. In addition, the project is not subject to Section 106 regulations or review. In order to be subject to Section 106 regulations, the project would have to classify as a "federal undertaking" as defined in 36 CFR 800.16 (y) which states, "Undertaking means a project, activity, or program funded in whole or in part under the director or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval." The City has confirmed that the project as planned does not qualify as an "undertaking" as defined because no federal involvement, funding or Permits will be required. Therefore, while the project does clearly fall under the jurisdiction of the California Environmental Quality Act, it does not meet the criteria to be considered a Section 106 project, nor is it subject to National Environmental Policy Act (NEPA) review. Regardless, when contacted by Ms. Fulton on behalf of the City, the Native American Heritage Commission identified you as a Native American contact that may be aware of impacts that could occur to cultural resources as a result of the project. Therefore, you were contacted by the City's consultant in an effort to obtain information regarding the project and its potential impacts to tribal cultural resources. The City takes its responsibilities regarding Tribal consultation very seriously and would like to encourage your participation. Please contact Ms. Fulton at your earliest convenience if you would like to arrange a meeting or conference call to discuss your concerns directly with us. We look forward to working with you. Sincerely, avid Lepo Planning Director 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us CITY OF NEWPORT BEACH PLANNING DEPARTMENT November 12, 2009 Via e-mail only at tattnlaw(c�gmail.com Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Administrator Dear Mr. Rosas, Per your request, this letter is to notify you that the City of Newport Beach is the appropriate agency to contact with comments or questions regarding the proposed City Hall and Park Development Plan. Please direct all future correspondence regarding this project to me by e-mail at jmurillo©newportbeachca.gov or by mail at PO Box 1768/ 3300 Newport Boulevard, Newport Beach, CA 92658. The Office of the City Attorney is preparing a formal response to your Public Records Act request. Sincerely, Jaime Murillo, Associate Planner Encl: November 10, 2009 e-mail request cc: City Attorney's Office 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us Murillo, Jaime From: Sent: To: Subject: Nicole Dubois [Nicole.Dubois@Isa-assoc.com] Tuesday, November 10, 2009 2:30 PM Murillo, Jaime FW: SUBJECTED From: Johntommy Rosas [mailto:tattnlaw@gmail.com] Sent: Tuesday, November 10, 2009 1:45 PM To: Terri Fulton Subject: SUBJECTED I WAS WONDERING IF THE LSA - OUT OF FUNDS TO TC ON CNB CITY HALL CLAIMS WAS EVER DOCUMENTED AS THAT BEING THE CASE AND THAT CNB CONFIRMS [CNB]THEY WILL BE DOING THE TC AND LSA ISNT NOW - NO RUSH JUST WONDERING- WHATS THE STATUS -OF THE DOCUMENTS I REQUESTED THEM TO DO- JT JOHN TOMMY ROSAS TRIBAL ADMINISTRATOR TRIBAL LITIGATOR TONGVA ANCESTRAL TERRITORIAL TRIBAL NATION OFFICIAL TATTN E-MAIL CONFIDENTIAL ALL RIGHTS RESERVED TATTN / TRIBAL NOTICE OF CONFIDENTIALITY: Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information,attorney-client privileged Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. TRUTH IS OUR VICTORY AND HONOR IS OUR PRIZE >TATTN r