On Sept. 9, 1998, a permit was issued to Hellman LLC for a golf course and housing tract on top of wetlands and mesa at the former Hellman Rancho in Seal Beach. This permit clearly violated sections of the Coastal Act (in particular, 30233 and 30240). There was a lawsuit, in which opponents prevailed, and a settlement agreement which preserved up to 157 acres of wetlands plus public access to an expanded 13.4 acre Gum Grove Nature Park. But there are few or no provisions protecting upland habitat and village sites, such as the mesa, from the housing tract, and the judge forced the housing tract component on the litigants.

On Oct. 11, 2000, an Elder of the Juaneno (Acjachemen) people, the late Lillian Robles, journeyed to Oceanside, seeking justice from a system which seemed designed to avoid it. Her plea to the Commission was, "...we have played by the rules, fought your wars, payed our taxes...but these cultural resources, the burial grounds of our ancestors, are all that you have left us...".

The Commission responded. Unable to protect Native American resources (only sect. 30244 mentions "mitigation" for significant resources), the Coastal Commission promised that the destruction, if any, would be done with what ever respect and consideration they could legally require. This was not a lot, not much protection for a proud people whose laws and culture were systematically ignored, wiped out and violated amidst their own slavery and destruction.

Special Condition 19 was written into the Coastal Development Permit (CDP). It required that:

1. An archaeological investigation into the site must take place first (the Commission spun off a "mini-permit" for that purpose). Only when archaeologists had "proven" Hellman's claim that there wasn't significance could bulldozing proceed.
2. In the (unexpected) event that cultural resources were found, A. Native American Monitors, drawn from and responsible to the community, would be on-site, and in communication with the Tribe, unlike the sins of the past -- such as at ORA-64 -- where the destruction occurred by outside "monitors" who disposed of the graves of more than 650 ancestors in secret; B. Who would have the power to stop the bulldozing if and when significant resources were detected;
C. These requirements would be written into each construction document, work order, and bid document, so that the workers and contractors could know of the danger which the Commission was trying to guard against -- Lillian's horror of bare bulldozing of her ancestral history and sacred sites.

This was not hap-hazard or carelessly done. The Commission, pouring over the transcripts which had been paid for by Hellman, carefully crafted and hammered out specific language which embodied the will of the Commission. This held up the "findings", or final approval, for months while the extent and nature of the protections were discussed. Even the wording -- "Features", for example, has a specific, conventional meaning in the world of archaeology -- was the result of consultations with professionals and peer review.

Finally, on June 14, 2001, the Commission approved the findings with these protections written in.

On July 8, 2002, grading commenced on the property around ORA-264 to put in a drain pipe for the bio-swale drainage plan. On that day, a body was discovered, in ceremonial fetal position facing the sunset, with funerary relics indicating ceremonial interment according to the rites of a significant faith which is no less, or more, entitled to exclusivity or respect than our own.

The existence and nature of the protections written into the CDP via Special Condition 19 were not told to the Native American Monitors or to the Native American Heritage Commission, and were not explained to the Most Likely Descendant chosen by NAHC, despite this protection being requied by 19G and clearly explained to Hellman.

Contrary to the protections so carefully created by the Commission, grading continued, discovering eventually 22 ancestral remains, some with badger indicating spiritual journey, some with artifacts, and many indications that, contrary to your advisors' claims, this was not just an "encampment", but a significant village and or ceremonial site of perhaps vast importance for the regional religion -- centered on nearby Long Beach. No one may ever now learn the importance to dozens of local Tribes of this site and its sacred rites.

Instead of following the spirit, and the letter, of the CDP and its special conditions, your advisors chose to pick at the meanings of words.

The position seemingly taken by John Laing Homes, that there is a loophole in the wording of Special Condition 19F, would allow for flouting of the special protections for ancestral bodies because they "...are not cultural resources...". This position, ignoring the conventional meaning of the term "features" written into the permit, has been the subject of some amusement (and bemusement) on the part of professional observers.

But it is not humorous that the entire project is stopped. This "train wreck", one could say, must be laid at the feet of those pushing this project through -- your advisors, agents and henchmen -- and you should know about it, and the history, and what could have been -- and what still can be.

WHAT COULD HAVE BEEN: John Laing Homes could have followed the wording of the permit, agreed to the mitigation plan from July 8, notified the Monitors, MLD and workers about Special Condition 19, and the entire issue would never have come to the attention of the public. It would have been handled, dealt with and resolved as the Commission intended -- with dignity, respect and with the concurrence of the Native Americans.

Instead, John Laing Homes reputedly threatened the Monitors, who did not, it seems, even yet know about Special Condition 19, which was still secret from them.

The Monitors had to physically stand in the way of the bulldozers -- against the threats of project managers, workers, and honchos of all sorts -- who also may not have been informed of Special Condition 19. Yet Special Condition 19G seems to REQUIRE that it be expained to all who worked on the site. Without this inconceivably brave stand, the public would never perhaps have known of the transgressions, and the Native American Monitors might never have known just how right they were -- and how much they stood up for the Commission, and for the ancestors -- and for the memory of Lillian. And for the Coastal Act. For here is perceived an egregious, outstanding violation of the Coastal Act and the conditions of the CDP from day one.

Instead, John Laing Homes "stonewalled" Coastal Commission staff, first saying that the incident had never happened, then saying that they could get around the CDP based on a technicality. The strategy of your company seemed to "wait out" the staff's Cease and Desist Order, until it expired, confident that the full Commission would not dare to stand up for the Coastal Act against a big corporation. By the time any litigation would proceed, the issue could be moot, the bulldozing done, the village site thrown in dumpsters and the evidence hauled away.

Finally, at the limpid presentation by John Laing Homes in San Francisco, on Dec. 10, 2002, the President of Southern California Operations of John Laing Homes seemed to claim "naivete" on the topic of compliance with the permit, that they were "well-intentioned", and that the Commission and the Native Americans should trust that they would do better. This did not inspire confidence in me, for one. Your adherents, upstairs in their expensive Hyatt Regency rooms, may have sipped your champaigne and spent your money, but they did not do well by your interests, in my opinion. They were still apparently trying to befuddle the few Native Amerians who could travel the 410 miles, trying to ask them to let the project go through, trying to play the same old song of disinterest in the ancestors.

WHAT STILL CAN BE: At any time, if John Laing Homes had made a good faith effort to retain the ancestors in place, on ORA-264 where most of them were found, there could be the possibility of agreement. Not only would opposition be defused, but then "Heron Pointe" would no longer be a housing tract on top of a cemetery. ORA-264, separated from the tract by a wall and native plants, would have separate access for the public to allow appropriate ceremonies, prayer vigils, and dances. John Laing Homes could generously fund the Tribe's non-profit foundation to maintain the site and to fund educational signage and materials for school children.

Disruption caused by moving the 7 houses in the way of the ancestors, and all donated funding, would give John Laing Homes a very generous tax write off in addition to public interest and public relations windfalls.

There are many school books about the "Mission Period" -- from roughly 1790 to 1840 -- but few materials for teachers about the Native Americans who lived here with a rich spiritual tradition since at least 7,000 B.C.

No one has yet told the story from the standpoint of the Native Americans. The monks, seeing the natives dancing for hours on end, and not being cultural anthropologists, decided that they saw "sinful savages". They either did not know, or care, that these dances had significance for putting the Tribe in harmony with its surroundings and to celebrate events, hunts, hopes and tragedies.

The *Tongva Dancers*, started by Tongva Elder Mark Acuna, have revived many of these traditions, and are in demand at various events throughout the southland. Yet here, in Seal Beach, perhaps the most important sacred site in the Chinigchnich rites, there is no place for them to perform the rituals in honor of the ancestors.

The "ethnobotany" of native plants and their use and place in spiritual and everyday life of the Tongva people is a topic of growing importance. Most people are very interested in drought-resistant plants, and of the medicinal and other uses which the Tongva acquired via thousands of years of study. ORA-264 could be a walking garden of native plants and how they fit into the ancient Tongva culture.

Breaking the current log jam and clearing this train wreck is a job for vision, for the CEO. You could cut through this rancor, and eliminate a lot of the bad image John Laing Homes may have acquired by doing what should have been done at the outset -- preserving this valuable cultural resource.

The alternative -- continuing legal issues, questionable press and even public demonstrations -- may only be the beginning of the end of the good name which the parent company of John Laing Homes had maintained from 1858. Your agents may not have any desire or ability to conceive of a new approach from a higher level view. They may be pursuing the same old policy that many seem to perceive of bulling the project through, brushing aside people of conscience who are dismissed as "opponents" and with minimal adherence to the weakest interpretation of the law.

Make John Laing Homes part of the solution to the problem of our treatment of the Native American Culture. You will feel better about it, and make some friends -- and money -- in the process.

Thank you,

Doug Korthof

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