HomeMy WebLinkAboutMINUTES - 07271993 - 1.58 �. 56
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: SUPERVISOR TOM POWERS, DISTRICT I
DATE: July 27, 1993
SUBJECT: DONATION OF ARTIFACTS TO OLD MISSION SAN JOSE,` Fremont
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. APPROVE the attached Mission San Jose Museum donor form for transfer of
ownership of non-burial artifacts from the District to the Museum.
2. AUTHORIZE Supervisor Tom Powers to execute the agreement on behalf of the Board.
II. Financial Impact:
None.
III. Reasons for Recommendations and Background:
During the excavation of the San Pablo Creek improvements by the U.S. Army Corps of
Engineers, non-burial artifacts of the Ohlone People were uncovered. Ownership of these
artifacts appears to be based on the ownership of the land in which the artifacts were found.
Mr. Andrew Galvin, the "most likely descendent" of the Ohlone People has requested that the
non-burial artifacts be donated to the museum at Old Mission San Jose. The Corps of
Engineers agrees with this disposition provided the District concurs. It is recommended that
the District transfer its' ownership rights it might have to the artifacts to the Mission San Jose
Museum.
IV. Consequences of Negative Action:
The controversy of who owns s, and m t the arti swill remain unresol d'
Continued on Attachment: X SIGNATURE: ,
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUL 2 7 1993 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
Iv I hereby certify that this Is a true and correct copy of
c:BO\27.t7 an action taken and entered on the minutes of the
:B0�2
Board of Supenrlata filmwn.
Orig. Div: Supervisor Tom Powers ATTESTED. JUL
Contact: John Johnson (510)313-2311 PHIL BATCHELOR,Clerk of the Board
cc: County Administrator's Office of Supervisom and Coun Administrator
County Counsel - ,
GMEDA By e,Deputy
PWD-Accounting
PWD-Design
COE-via PWD
Mission San Jose Museum-via PWD
Old . fRissiog Sag J05C
f ougded . 1797 '
43300 Mission Blvd., Frcmont, Califurnia (415)hi7-1797
!Hailing Address: Y.O. Box 3151), Nlissian San Jusc District, 17rcmunt, CA 94530-0315
GIFTS 'TO OLD MISSION SAN JOSE
I (WE) HEREBY GIVE, WITHOUT CONDITION OR RESTRICTION, THE
OBJECTS- DESCRIBED BELOW TO THE -OLD MISSION SAN JOSE MUSEUM,
FREMONT, CALIFORNIA. . I AM (WE ARE) THE LEGAL OWNER(S) OF
THE SAME OBJECT'(S) ,' ANDJOR HAVE LEGAL AUTHORITY TO MAKE
CON A COST LINTY LOOD CONTROL &
THIS GIFT. WAT STRICT
DON R(S) upervisor Tom Powers, District I
• DA
'100-37th Street, Rom. 270, Richmond, CA
ADDRESS
DESCRIPTION OF OBJECTS
Non=burial realted Ohlone artifacts found at the
San Pablo Creek Flood Control Project site.
�-�' r}1 •�!,,.1;. :�. j,. $ECEIVED BY.'
r. ;� �'� 1 1. '.'•'.6! DATE. `:'"" -"Y-
'-..V.
(. •l}��.u�'Gf��'� li• 1),I: 1.'- _ _ ': _•. ':'•••:;;r., i>-
t1) yj1��`:`�T.•.. .rte`,... �.,• :..�.;....:. : t. •, ,•
�,,r'i :l{(':•2'G'i: `11, 'J' ' .;''..Nj:.l::t'ii�i�. ~':_ r •_tires:^••-�.�:_;-'.. ���
PJUN 29 '93 10:17 SACRAMENTO CESPK-ED-D 9165511100 P.2
Old mission San Jose
fovQded 1797
43300 Mission Blvd., Fremont, California (415) 657-1797
Mailing Address: P.O. Box 3159, Mission San Jose District, Fremont, CA 94539-0315
June 21, 1993
Mr. Lee Foster
U.S. Army Corp. of.Engineers
Sacramento District
1325 J Street
Sacramento, CA 95814-2922
Re: Civil Projects
Dear Mr. roster:
Ewlosed is-a standard.Mission San-Jose Mxseum donor farm which
you requested to cover the Ohlone artifacts Uhlch will be
displayed and stored at Old Missies: San Jose fnosn the
San Pablo site project.
if you have any questions or need any additional infozmatian .
I will be returning from a..business trip on Thursday, July 1st.
We are looking forward to receiving this material and adding
it to our collection.
Yours truly,
Dolores M. Ferenz
Administrator
Rif;`, ,�A--i", ".a'r!,-;�=,!.:.".s`7. - ..,..--r,.•_`��i� :�.-� .. ...
[�- � :�1^���!`'.�-cam.-.:. ' �, :�'' �..�''!.; -�e��p p �=�__ '%=:�-* , _--• �-�
� r� j: r :h.,�:.. • f?F4ic;: `T •.-• e�tiwr�ilr
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE, MARTINEZ, CALIFORNIA
DATE: July 9, 1993
TO: Milton F. Kubicek, Deputy Chief Engineer, Flood Control Division
FROM: ohn D. Johnson, Senior Civil Engineer, Design Division
SUBJECT: Cultural Resources
OUR FILE: 4007-50-20
Based on discussions with Lee Foster, Archeologist with the Corps' Sacramento District, Bio-Systems
in Tiburon has been examining the Native American remains unearthed along San Pablo Creek. The
Corps currently has control of the disposition of all materials. The Corps has indicated that, per the
Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), "burial related materials"
(skeletons and artifacts that were placed with the graves) are being repatriated to the Native Americans
for re-internment. The "non-burial related materials" (artifacts not related to graves) are not to be
repatriated per NAGPRA.
Counsel for the Corps' believes the non-burial related materials belong to the landowner (ie., Flood
Control). Andrew Galvin, the "most likely descendant" of the Ohlone People, has taken a position in
the past that the non-burial materials belong to his people. - However, the Corps believes that since
Galvin has more recently used NAGPRA to claim ownership of the burial related materials, he would
back off of his philosophical position on the non-burial materials and abide by NAGPRA. (The Corps
asked that this issue on ownership of non-burial materials not be made public because it has no legal
ground.) Galvin has indicated to the Corps that he prefers the non-burial related materials to be
curated at the museum at Old Mission San Jose,where he and his parents live. The Corps has agreed
to this so long as Flood Control has no problem with it. I assured him we did not. The Corps said we
could either loan the materials or donate them to the museum. I said we prefer to donate them.
The Corps sent us the attached donation form from Old Mission San Jose. This should be attached
to the Board Order authorizing Flood Control to donate the non-burial related materials. If you have
other questions, please call me. Thanks.
JDJ:Ilg
a:\cultres.mem
Attachment
cc: M.Hollingsworth, Design