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          Activating Legal Protections for Archaeological
               Remains of Historic Chinatown Sites
                           Lessons Learned from Oakland, California
                          (Original Title: Rediscovering Oakland’s San Pablo Avenue Chinatown)
                                                               Anna Naruta




W
            hile state law protects archaeological resources, a               ing of the first “‘official’ Chinatown” on Telegraph near today’s
            major redevelopment project planned for the site                  17th Street, after it was destroyed in a fire. The next year, the
            of one of Oakland’s earliest Chinatowns showed                    City extended its main street, Broadway, northward through
community members they had to struggle to get the devel-                      the former Chinatown site. The dislocations continued; resi-
oper to meet their legal obligations. This paper discusses a                  dents of the San Pablo Avenue Chinatown were “consigned”
few of the lessons learned in activating legal protections for                to live at the City’s industrial south shore, and the Charter
unique and significant archaeological sites.                                  Avenue Chinatown site (today’s Grand Avenue) resulted from
                                                                              an 1880s redevelopment of the San Pablo Avenue Chinatown
                                                                              site. Very little is known of these historic Chinatown sites,
       ACTIVATING LEGAL P ROTECTIONS                                          although their existence is well established through a few
                                                                              mentions in historic newspapers and the federal census. The
The California Environmental Quality Act (CEQA) not                           paucity of information about the Chinatowns underscores the
                                                                              legal significance of any potential archaeological remains.2
only protects historic buildings and landscapes, it protects
unique and significant archaeological remains.1 City Plan-                        While the draft Environmental Impact Report for the proj-
ning departmental reviews of whether a development project                    ect acknowledged that the project area had a high likelihood
will adversely impact the environment are therefore legally                   of containing archaeological remains of the historic China-
required to assess potential “impacts” to historic buildings                  town, it initially made no provision for archaeological study.
and potential archaeological remains. If the project will                     Instead, the only “mitigation” was to have archaeological
impact a resource, and the impact cannot be avoided, the                      monitoring during construction. This procedure usually fails
project is required to “mitigate” the impact in a manner that                 either in adequately mitigating the archaeological resource or
compensates for the damage to or loss of an irreplaceable cul-                in keeping the project on schedule, or—most frequently—
                                                                              both.3 A pre-construction archaeological study was essential
tural resource. In designing mitigations, the guiding principal
is that after the project is complete, the mitigated resource                 for the developer to be able to meet the legal protections for
should be at least equal to the resource that was destroyed.                  potentially unique and significant archaeological remains.
For a potentially unique and significant archaeological site, if                  To activate the legal protections, community members
a project cannot be designed to avoid impacting the site, the                 spent countless hours spreading the word about the archaeo-
site must be studied and excavated by a qualified archaeolog-                 logical issue, calling and writing City Council members, and
ical team, an extensive report published, and the archaeolog-                 speaking at public meetings. Recognizing the importance of
ical documents and artifacts curated in a permanent reposi-                   the potential archaeological site, the City Council adopted a
tory accessible to researchers.                                               requirement for a full pre-construction archaeological study
    That’s the theory, anyway. But when a national develop-                   into their agreement with the developer. The mitigation mea-
ment corporation started the Environmental Impact Review                      sures that the City Council adopted incorporated a public
process for a project that would redevelop the site of one                    review process for the archaeological testing and treatment
of Oakland’s earliest Chinatowns, we found there’s nothing                    plan, specifying that the City would seek comments on the
automatic about the process of assessing and mitigating a                     draft archaeological treatment plan from “established local
project’s impacts. It’s up to community members to activate                   Chinese-American organizations, including the Chinese His-
the legal protections for significant cultural resources.                     torical Society of America and the Oakland Asian Cultural
                                                                              Center.”4
    In our case, the site was what long-time Oaklander
Edward Chew records as the site of the “‘official’ Chinatown”                     While it was hard won, the public review procedure was
of the late 1860s and 1870s, created along San Pablo Avenue                   not an extraordinary measure. In terms of how local govern-
near today’s 20th Street. Chew writes that this Chinatown was                 ments conduct Environmental Impact Reviews, seeking pub-
established after city authorities refused to allow the rebuild-              lic comment on the archaeological testing and treatment plan


                                                                        119
                       Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
120                                                                Anna Naruta


merely brought the proposed archaeological mitigation plan                                    SELECTING A “QUALIFIED
into the same sort of public review process routinely under-                                     ARCHAEOLOGIST”
taken for proposed mitigations to impacts on historic build-
ings, traffic patterns, or air or water quality.                             The Secretary of the Interior provides standards for who
   The remainder of this paper shares lessons we learned in                  can be considered a “qualified archaeologist.” The standards
this process.                                                                require that the archaeologist have a proven track record of
                                                                             bringing archaeological work from excavation and analysis
                                                                             through completing the final stage, public reporting. These
                   METHODS MATTER                                            are minimum standards. It’s also relevant to ask how a partic-
                                                                             ular contractor meets the Secretary of the Interior’s standards
In the world of cultural resource management, doing a “pre-                  with regards to archaeology of a site associated with historic
construction archaeological study” can mean virtually any-                   Chinese Americans. Relevant questions include: (1) what
thing. Some methods to discover existing intact historical                   experience the archaeological contractor has in the archaeol-
archaeological remains are proven to fail but are still com-                 ogy of that region; (2) whether the contractor has demon-
monly used in legally mandated studies. One example of an                    strated full completion of projects on historic sites associ-
investigation method proven to fail is geotechnical soil bores               ated with Chinese Americans; (3) whether the contractor has
or auger testing. This method may be appropriate for dis-                    qualified Chinese Americanists on staff or will consult with
covering sites such as Native Californian shellmounds, sites                 qualified Chinese Americanists during all phases of the study,
that are meters deep and wide. But these soil bores are likely               and not merely at the end of the project; and (4) whether the
to miss remains of sites such as early U.S.-period California                contractor has a proven track record of completing and fully
                                                                             reporting basic analysis and cataloging of materials.8
towns. Another method, backhoe trenching, tends to dis-
cover archaeological remains simultaneous with destroying
them, or, at best, while removing significant contextual data
that is required for archaeological interpretation.5                                                      OVERSIGHT
    Mechanical methods can be employed to good effect, how-
ever. A backhoe with a flat-edged bucket can be an effective                 Review of an archaeological treatment plan is analogous to
tool that allows archaeologists to rapidly expose a wide area                the established city planning procedures of design review for
of historic soil at one time and excavate by hand when poten-                new construction projects, or a Landmarks Board review of
tial archaeological remains are encountered. Such “areal” or                 proposed alterations to a historic site. Despite this established
“horizontal” excavations provide the archaeologist with a bet-               precedent, City oversight of the archaeological process does
ter chance to observe the relationships between archaeologi-                 not seem to be as firmly established. We found an impor-
cal deposits and to form a discovery method that is efficient,               tant question to be whether the City’s reviewing agency, such
cost effective, and appropriate to historical archaeological                 as planning staff or a Landmarks Board, has archaeological
remains. An additional factor that can determine whether                     expertise available, or whether the State Historic Preservation
effective archaeological interpretations of the site will be pos-            Officer may need to be called on to review the mitigation plan
sible is whether there is adequate observation and record-                   for adequacy. As our City government does not have a staff
ing of geomorphological data. This is the data that speaks to                archaeologist or archaeological expertise represented on the
when and how the archaeological deposits were created and                    Landmarks Board, public participation in review of the plan
lets those of us who were not on-site for the excavations “see”              formed an essential step in helping the project meet CEQA
what the site looked like.6                                                  guidelines for adequate treatment of potential archaeological
                                                                             resources.9
    Whether the archaeological study would conduct the
historical research necessary to perform an adequate assess-                     Oversight of the final archaeological plan and in-progress
ment proved to be another issue. We found that contracting                   archaeological project is an area where the mitigation mea-
archaeologists did not necessarily utilize the basic set of his-             sure language failed. In this language, the oversight role is
toric documents that could reveal early land uses. Instead of                assigned to an entire City agency, the Community and Eco-
conducting basic land-use research using documents such as                   nomic Development Agency. A particular overseeing staff
property records, chains of title, and the federal census, con-              member should have been named. The consequences are not
tractors frequently relied on historical accounts found in sec-              trivial—to date we are still awaiting response regarding who
ondary and tertiary sources as well as maps that post-dated                  at the City is overseeing the project to ensure compliance
the time period for which legally-significant archaeological                 with CEQA and the adopted mitigation measures.
remains may exist.7 In the future, mitigations may need to                       A concurrent redevelopment project made clear that the
specify either the general scope of landuse research required                mitigation measure language should be altered to ensure both
or specifically name documents and records that must be                      accountable oversight and a better procedure for community
studied.                                                                     participation. This redevelopment project impacted an area



                          Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
Activating Legal Protections for Archaeological Remains of Historic Chinatown Sites                          121


that was the site of either the immediate neighbors of the                    solution for the final curation plan should be specified in the
                                                                              mitigation measures.12
Chinatown or the historic Charter Avenue Chinatown itself.
Community research demonstrated the existence of the Chi-
natown, and the contracting archaeologist concurred the site
was likely to contain historical archaeological remains. With                                        P ROACTIVE S TUDY
community members advocating for the potential archaeo-
logical remains, the developer at the last minute voluntarily                 Activating legal protections for the rediscovered San Pablo
adopted mitigation measures that seemed to be identical                       Avenue Chinatown highlighted the need for further work
to those adopted for the San Pablo Avenue Chinatown site.                     that could identify existing cultural resources relating to
The developer agreed to a focused community review of the                     California’s Chinese heritage before they might be threatened
archaeological study “prior to construction” and addition-                    by redevelopment. Hometown Oaklander Kelly Fong, then a
ally called for stopping all work and allowing archaeological                 senior in archaeology at the University of California, Berke-
evaluation if a single archaeological artifact was discovered                 ley, conducted a volunteer research project to identify further
during construction.10                                                        historic sites associated with nineteenth- and early twentieth-
    In this case, that the community review of the archaeolog-                century Chinese Oaklanders. Fong compiled the lists of Oak-
ical plan was slated to happen “prior to construction” instead                land Chinese businesses from three sources: the 1882 Wells
of “prior to any removal of foundations or other ground-dis-                  Fargo Directory of Chinese Business Houses; the first one hun-
turbing activities” meant that it never happened. Instead, the                dred Oakland Chinese Merchant Partnership case files gener-
work demolishing the existing historic structures flowed into                 ated as part of the enforcement of the Chinese Exclusion Act
removing soil in preparation for the new construction. After                  and now preserved at the National Archives, San Bruno; and
the buildings were demolished, earthmoving equipment was                      the businesses, residences, and other establishments labeled
brought in to stir up and then compact what was euphe-                        as “Chinese” on the surviving volume of the 1889 Sanborn
mistically called the project area’s “unconsolidated historic                 Fire Insurance Company map of Oakland. She produced a
fill”—that is, the potential archaeological site. By the time the             database of early Chinese businesses by street address, and
project hit the mitigation measure’s trigger, the commence-                   plotted the locations on a map. The results not only expand
ment of construction, there was likely no intact site left. The               ideas about early Chinese Oaklanders, demonstrating that
archaeological monitoring plan, which required construc-                      many early Chinese Californians lived and worked outside of
tion workers to call a halt to the project if an historic arti-               established Chinatowns, but also provide a first step in pro-
fact was found, also failed. Although casual observation of                   actively protecting historic buildings or potential archaeolog-
the project area showed the demolition and other ground-                      ical remains associated with these sites. The results of Fong’s
disturbing work exposed buried historic items, and therefore                  study are on file with the City of Oakland’s Cultural Heritage
would have triggered an archaeological assessment within                      Resource Survey, where the information will be included in
                                                                              future city planning assessments.13 Placing such studies in the
twenty-four hours, an archaeologist was never summoned. It
may never be known if unique and significant archaeological                   regional governmental repository for archaeological records
resources were destroyed.11                                                   (such as the California Archaeological Site Survey Northwest
                                                                              Information Center) can increase the likelihood the data will
                                                                              be incorporated in Environmental Impact Reviews.
                         CURATION

Since the intended goal of mitigations is that the cultural                                              CONCLUSION
resource remaining at the end of the project is at least equal
to the cultural resource that existed before the project, CEQA                Our experience with activating legal protections for signifi-
guidelines have been amended to specifically state that if                    cant potential archaeological resources taught us a number of
the impact cannot be avoided, mitigation measures can                         lessons. Mitigation measures should spell out the who, what,
include curation of the resultant archaeological collection.                  where, when, and how of all steps in explicit detail. Long-
The mitigation measures adopted for the San Pablo Avenue                      term curation procedures, if applicable, need to be addressed
Chinatown unfortunately have left the curation stage of the                   as part of the project’s initial Environmental Impact Review.
archaeological collection as something yet to be negotiated.                  We demonstrated that public review by community mem-
Adequate curation poses a challenge. Facilities that curate                   bers and other archaeological practitioners provides a better
archaeological collections in accordance with the State of Cal-               opportunity for planned mitigations to meet legal obligations
ifornia’s “Guidelines for the Curation of Archeological Collec-               for protecting significant cultural resources. Our experience
tions” routinely charge $1,000 per each cubic foot (a bank-                   also highlights the current gap in standards for and oversight
ers’ box worth) of materials. Even so, most such facilities are               of archaeological projects, at both the local and state level.
no longer accepting new collections due to lack of space. The                 Perhaps most of all, our experience highlights the need for



                       Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
122                                                                  Anna Naruta


active community involvement in researching and preserving                           Chinese Community (New York and London: Garland Publish-
                                                                                     ing, Inc., 2000), 29.
historical and archaeological resources. With redevelopment
                                                                                  4. As an aid to other communities facing threats to potential
projects continuing to impact significant sites of our Chinese
                                                                                     archaeological resources, the full text of the cultural resource
heritage, it will be communities who ultimately decide the                           mitigations and public review process that Oakland City
fate of these cultural resources.                                                    Council adopted for Forest City’s Uptown Mixed Used Rede-
                                                                                     velopment Project is provided below and at http://UptownChi-
                                                                                     natown.org. This paper discusses some of the areas where the
                                                                                     adopted language falls short, such as in specifying curation
                                                                                     of archaeological materials, and naming specific staff charged
                             N OTES
                                                                                     with overseeing the archaeological mitigations measures. We
                                                                                     will likely discover additional shortcomings as the mitigation
 1. The complete CEQA guidelines can be found on the state’s
                                                                                     process proceeds.
    website, http://ceres.ca.gov/ceqa. (Any project that draws on fed-
                                                                                         The following language was adopted by Oakland City
    eral funds is subject to more stringent review, under Section
                                                                                     Council on July 30, 2004 for inclusion in the Mitigation Moni-
    106 of the National Historic Preservation Act.)
                                                                                     toring and Rep orting Plan (MMRP):
 2. Edward W. Chew was the son of Ng Poon Chew (1866–1931),
    a civil rights crusader who edited and published San Francisco’s                     New HIST-2a and HIST-2b REFLECTING CITY REVISIONS AND
                                                                                         RECOMMENDATIONS TO COUNCIL 6-30-04
    major turn-of-the-century Chinese-language newspaper, Chung
    Sai Yat Bo. A resident of Oakland since the 1906 San Francisco                       Mitigation Measure
    earthquake, Edward Chew’s father—if not Edward Chew him-                                  HIST-2a: A pre-construction archaeological testing program
                                                                                         shall be implemented to help identify whether historic or unique
    self—was likely to have been in direct communication with
                                                                                         archaeological resources exist within the Project site. Examples of
    the people who had lived in the San Pablo Avenue Chinatown.
                                                                                         potential historic or unique archaeological resources that could be
    In 1952, on the occasion of Oakland’s 100-year anniversary,
                                                                                         identified within the Project site include: back-filled wells; base-
    Edward Chew published a special article in the Oakland Tri-                          ments of buildings that pre-date Euro-American buildings that
    bune relaying the history of Oakland’s early Chinatowns and                          were constructed on the Project site; and back-filled privies. For
    preserving important community oral history. Chew’s article                          these resources to be considered significant pursuant to CEQA,
    provided clues that allowed discovery of further information                         they would have to have physical integrity and meet at least one
    about the San Pablo Avenue Chinatown. See Willard T. Chow,                           of the criteria listed in CEQA Guidelines section 15064.5(a)(3) (for
    “The Reemergence of an Inner City: The Pivot of Chinese Set-                         historic resources) and/or CEQA section 21083.2(g) (for unique
                                                                                         archaeological resources). These criteria include: association with
    tlement in the East Bay Region of the San Francisco Bay Area”
                                                                                         events that have made a significant contribution to the broad pat-
    (Ph.D. diss., University of California, Berkeley, 1974); Anna
                                                                                         terns of California history and cultural heritage; association with
    Naruta, Oakland’s San Pablo Avenue Chinatown: A Compilation of
                                                                                         the lives or persons important in our past; embodiment of the
    Research to Aid the Upcoming Archaeological Sensitivity Study and                    distinctive characteristics of a type, period, region, or method of
    Treatment Plan to Be Drafted by the Archaeological Contractor for                    construction, or represents the work of an important creative indi-
    Forest City’s Uptown Redevelopment Project, UptownChinatown.                         vidual, or possesses high artistic values; yield, or may likely yield,
    org, January 2005 (on file at the Oakland Cultural Heritage                          information important in prehistory or history; contains informa-
    Survey, Oakland Public Library, and the Oakland Asian Cul-                           tion needed to answer important scientific research questions and
    tural Center); Anna Naruta, “Creating Whiteness in California:                       be subject to a demonstrable public interest in that information;
                                                                                         have a special and particular quality such as being the oldest of its
    Racialization Processes, Land, and Policy in the Context of Cal-
                                                                                         type or the best available example of its type; or be directly associ-
    ifornia’s Chinese Exclusion Movements, 1850 to 1910” (Ph.D.
                                                                                         ated with a scientifically recognized important prehistoric or his-
    diss., University of California, Berkeley, 2006), 139–177.
                                                                                         toric event or person.
        Archaeological remains that can provide information                                   The testing program shall be guided by a sensitivity study
    unavailable from other sources meet CEQA criteria for a legally                      (including a history of previous land uses) and shall use a com-
    significant archaeological resource. (See the CEQA code for                          bination of subsurface investigation methods (including backhoe
    other significance criteria.) A review of archaeological investi-                    trenching, augering, and archaeological excavation units, as appro-
    gations of California Chinatown sites demonstrates that while                        priate). The purpose of the sensitivity study and testing program
    archaeological research has substantial accomplishments, the                         is to: (1) identify the presence and location of potentially-signifi-
                                                                                         cant archaeological deposits; (2) determine if such deposits meet
    current archaeological sample is so small that any potential
                                                                                         the definition of a historical resource or unique archaeological
    archaeological site associated with Chinese Americans meets
                                                                                         resource under section 21083.2(g) of the CEQA statutes; (3) guide
    the CEQA criteria for a unique and significant (and therefore
                                                                                         additional archaeological work, if warranted, to recover the infor-
    legally protected) cultural resource. See Naruta, “Creating                          mation potential of such deposits; and (4) refine the archaeological
    Whiteness,” 71–77, 136–138, 229–233.                                                 monitoring plan.
 3. One of the problems of archaeological monitoring is that it fre-                          Representatives of established local Chinese American organi-
    quently produces out-of-context materials, a situation that ren-                     zations (including the Chinese Historical Society of America and
    ders archaeological interpretation impossible. For a discussion                      the Oakland Asian Cultural Center) shall be invited to participate
    of the failure of archaeological monitoring at a site identified as                  in a focused community review of the sensitivity study and plan
                                                                                         for the subsequent testing program prior to initiation of subsurface
    the location of Oakland’s first Chinatown, see Naruta, “Creat-
                                                                                         investigation. The City shall consider the community comments in
    ing Whiteness,” 145–148. The identification of Oakland’s cur-
                                                                                         finalizing the sensitivity study and testing program.
    rent City Hall location as the site of the earliest Chinatown is
                                                                                              If historic or unique archaeological resources associated with
    given in L. Eve Armentrout Ma and Jeong Huei Ma, The Chi-                            the Chinese community are identified within the project site
    nese of Oakland: Unsung Builders, ed. Forrest Gok and the Oak-                       and are further determined to be unique, the City shall consult
    land Chinese History Research Committee (Oakland: Oakland                            with representatives of an established local Chinese American
    Chinese History Research Committee, 1982), 32; and L. Eve                            organization(s) regarding the potential use of the archaeological
    Armentrout Ma, Hometown Chinatown: The History of Oakland’s                          findings for interpretive purposes.




                            Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
Activating Legal Protections for Archaeological Remains of Historic Chinatown Sites                                         123


                                                                                    shall be prepared for distribution to schools, museums, libraries,
Implementation Procedure
     (1) Project Sponsor shall retain an archaeologist to implement                 and—in the case of Chinese or Chinese American archaeological
a pre-construction archaeological testing program, as described in                  deposits—Chinese American organizations.
the mitigation measure.                                                             Implementation Procedure
     (2) Archaeologist shall provide the sensitivity study and plan                     (1) Project Sponsor shall retain an archaeologist to monitor
for the archaeological testing program for focused community                        ground-disturbing activity within the Project site, as described in
review by representatives of established local Chinese American                     the mitigation measure.
organizations (including the Chinese Historical Society of America                      (2) Archaeologist shall halt work in the vicinity of the archaeo-
and the Oakland Asian Cultural Center). Community reviewers                         logical resource until findings can be made regarding whether the
shall be provided 14 days to review sensitivity study and archaeo-                  resource meets the CEQA definition of an archaeological or historic
logical testing program and provide written comments. The City                      resource.
shall consider the community comments in finalizing the sensitiv-                       (3) If identified archaeological resources meet CEQA criteria
ity study and archaeological testing program.                                       for archaeological or historic resources, they shall be avoided by
     (3) Archaeologist shall prepare a plan for additional data recov-              demolition or construction activities. If avoidance is not feasible,
ery of archaeological material, if deemed necessary.                                then effects to the deposit shall be mitigated through a data recov-
     (4) If additional data recovery of archaeological material is                  ery strategy developed by the evaluating archaeologist, as described
deemed necessary, Archaeologist shall submit the plan to focused                    in the mitigation measure. This report shall be submitted to the
community review by representatives of established local Chinese                    NWIC.
American organizations (including the Chinese Historical Society
                                                                                    Monitoring Responsibility
of America and the Oakland Asian Cultural Center). Such com-
                                                                                        (1) through (3): City of Oakland Community and Economic
munity reviewers shall be provided 14 days to review the plan and
                                                                                    Development Agency, Planning Division.
provide written comments.
     (5) Project Sponsor shall consult with representatives of the                  Monitoring and Reporting Action
Chinese American community regarding the potential use of                               (1) Receive notice that an archaeologist has been retained.
archaeological findings.                                                                (2) Verify that work is suspended if archaeological resources
                                                                                    are found.
Monitoring Responsibility
                                                                                        (3) Review and approve the archaeological resources mitigation
     (1) through (5): City of Oakland Community and Economic
                                                                                    plan, if one is prepared.
Development Agency, Planning Division.
                                                                                    Monitoring Schedule
Monitoring and Reporting Action
                                                                                        (1) Prior to approval of any permit that authorizes removal of
     (1) Receive notice that an archaeologist has been retained.
                                                                                    foundations or work below finished grade.
     (2) Verify that appropriate groups have been contacted to
                                                                                        (2) During demolition or Project construction.
review sensitivity study and archaeological testing program. Verify
                                                                                        (3) During Project construction.
community comments have been collected and reviewed and con-
sidered.                                                                            Non-Compliance Sanction
     (3) Verify that a research design is prepared.                                     (1) No approval of any permit that authorizes removal of foun-
     (4) Verify that appropriate groups have been contacted to                      dations or work below finished grade.
review research design and plan for additional data recovery. Ver-                      (2) City issues corrective action or stop work order.
ify community comments have been collected and reviewed and                             (3) City issues corrective action.
considered.
                                                                            5. An Oakland mitigation project obtained a false negative when
     (5) Verify that the appropriate groups have been contacted
                                                                               using soil bores to assess whether significant historical archae-
regarding archaeological findings within the Project site.
                                                                               ological remains might be present. The estimation that nine-
Monitoring Schedule
                                                                               teenth-century historical archaeological remains would have
     (1) through (4): Prior to approval of any permit that authorizes
                                                                               been eliminated through the mid-twentieth-century construc-
removal of foundations or work below finished grade.
                                                                               tion of buildings with “extensive basements” also proved to be
     (5) During Project construction.
                                                                               incorrect. For the preconstruction assessment, see Jan M. Hup-
Non-Compliance Sanction
                                                                               man and David Chavez, Archaeological Resources Investigation
     (1) through (4): No approval of any permit that authorizes
                                                                               for the Oakland Administration Building Project, Oakland, Califor-
removal of foundations or work below finished grade.
     (5) City issues corrective action or stop work order.                     nia (David Chavez & Associates, P.O. Box 52, Mill Valley, CA
                                                                               94941), submitted to Environmental Science Associates, Inc.
Mitigation Measure
                                                                               (301 Brannan Street, San Francisco, CA); California Archaeo-
     HIST-2b: Archaeological monitoring of ground-disturbing con-
struction in the Project area shall be conducted, as appropriate and           logical Site Survey Northwest Information Center file #S-
if necessary, based on the results of the pre-construction testing             16863 (June 1994), 22–23, 34–35, 61. During construction,
program and the potential for encountering unidentified archae-                the archaeological monitor found intact historical archaeologi-
ological deposits. Upon completion of the pre-construction test-
                                                                               cal deposits and recovered objects dating to as early as 1840, as
ing program specified in Mitigation Measure HIST-2a, the extent
                                                                               reported in Colin Busby, Archaeology Services, City Administra-
of archaeological monitoring during Project construction will be
                                                                               tion Building—Project L74021: Final Monitoring Report, letter to
assessed, and the scope and frequency of the monitoring required
                                                                               City of Oakland Project Manager Jack Young, April 22, 1996
by this mitigation measure shall be based on the findings of this
                                                                               (Basin Research Associates, 1933 Davis Street, Suite 210, San
assessment. Monitoring shall be conducted by a cultural resource
                                                                               Leandro, CA); California Archaeological Site Survey Northwest
professional approved by the City who meets the Secretary of the
Interior’s Professional Qualifications Standards for Prehistoric and           Information Center file #S-18536 (1996). For a discussion of
Historical Archaeology.                                                        how these mitigations failed to meet adequate treatment for
     Upon completion of such archaeological monitoring, evalua-                archaeological remains under the legal protections of CEQA,
tion, or data recovery mitigation, the archaeologist shall prepare a
                                                                               see Naruta, “Creating Whiteness,” 146–148.
report documenting the methods, results, and recommendations of
                                                                            6 For a discussion of how geomorphological data plays an essen-
the investigation, and submit this report to the NWIC (Northwest
                                                                               tial role in archaeological interpretation of Chinatown sites,
Information Center). Public displays of the findings of archaeologi-
                                                                               see Naruta, “Creating Whiteness,” 71–138, 214–216. One
cal recovery excavation(s) of historical or unique resources shall be
                                                                               resource for archaeologists is Stewart Reed, Nathan Bailey, and
prepared. As appropriate, brochures, pamphlets, or other media,




                   Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
124                                                                    Anna Naruta


      Oghenekome Onokpise, Soil Science for Archeologists, vol. 1, ed.                to discuss the Broadway–West Grand Project, May 25, 2005;
      Michael Russo and Virginia Horak, Florida Agricultural and                      Naruta, letter to Claudia Cappio, Development Director, City
      Mechanical University and Southeast Archeological Center,                       of Oakland Community and Economic Development Agency,
      National Park Service, June 2000, http://www.cr.nps.gov/seac/                   on behalf of the Chinese Historical Society of America, Re:
                                                                                      Broadway–West Grand Mixed-Use Project, Case File Numbers
      soils-index.htm.
 7     This was the case for the above-mentioned archaeological mit-                  PUD03552, PUDF03553, ER030022, April 20, 2005.
      igations reported in Hupman and Chavez, Oakland Administra-                 12. State Historical Resources Commission, Department of Parks
      tion Building Project, and Busby, Final Monitoring Report, and also             and Recreation, “State of Calfornia Resources Agency Guide-
      an archaeological mitigation for Upper Chinatown that formed                    lines for the Curation of Archeological Collections,” (Sacra-
      after the dislocation of the San Pablo Avenue Chinatown,                        mento, Office of Historic Preservation, 1993). For a typical
      Archeo-Tec, Cultural Resources Evaluation for the Broadway-West                 cost of archaeological curation, see Museum of Anthropology
      Grand Project, submitted by Allen Pastron, Archeo-Tec, to Pat-                  and Repository for Archaeological Collections, California State
      rick Van Ness, Signature Properties, for City of Oakland, Case                  University, Bakersfield, “Storage Guidelines,” http://www.csub.
      File Numbers ER03-0022, PUD03552, PUDF03553, Septem-                            edu/musanth/GdlnsRep.htm (9001 Stockdale Highway, Bakers-
      ber 15, 2004. For the San Pablo Avenue Chinatown, a com-                        field, CA 93311). Part of the expense associated with archaeo-
      pilation of basic research was prepared and donated to the                      logical curation is that in order for such facilities to meet their
      project to give the archaeological contractors a better starting                long-term curation goals, they must use only the interest on
      point for their research. See Naruta, Oakland’s San Pablo Avenue                the curation fee to cover operating costs. “The San Francisco
                                                                                      Bay Area currently suffers from a shortage of acceptable cura-
      Chinatown.
 8.   While we prepared a list of Bay Area historical archaeologists                  tion facilities,” note Allen G. Pastron and Allison Vanderslice,
      who met the Secretary of the Interior’s Standards with regards                  Archaeological Sensitivity Study and Testing Program for the
      to previous work on Chinatown sites (see http://UptownChina-                    Uptown Chinatown Project, City of Oakland, Alameda County,
      town.org), the developer apparently did not seek bids from any                  California, submitted to Forest City Residential West Inc.
      of them.                                                                        (785 Market Street, 14th Floor, San Francisco, CA 94103), by
          It’s worth stipulating that the archaeological contractor                   Archeo-Tec (5283 Broadway, Oakland, CA 94618), November
      must complete the full preliminary analysis and catalogu-                       2005, 133 (see also 132–134).
      ing of artifacts, including determining minimum number of                   13. Kelly Fong, “Nineteenth-Century Oakland Chinese Busi-
      specimens represented by the fragmented artifacts and check-                    nesses,” report with maps prepared for Anthropology 197
      ing ceramic fragments for “crossmends” with fragments from                      (Independent Research in Oakland Cultural Resources and Cul-
      other deposits from the same site. If fragments from different                  tural Heritage), instructor Anna Naruta, supervisory professor
      deposits show themselves to have been part of the same item,                    Kent Lightfoot, University of California, Berkeley, Spring 2005
      this provides data about the relationship between the different                 (Oakland, CA: UptownChinatown.org, June 2005); on file at the
      deposits. Analyzing ceramics through determining crossmends                     Oakland Cultural Heritage Survey, Oakland Public Library,
      is therefore part of the basic reporting of a site. See Naruta,                 Oakland Asian Cultural Center, and the Chinese Historical
      “Creating Whiteness,” 208–217.                                                  Society of America. For more on the Chinese merchant part-
 9     Community review helped redirect the archaeological con-                       nership files, see Bill Greene, Bob Glass, and Daniel Nealand,
      tractor to areas that primary source documents indicated                        A Guide to Records of Asian Americans and Pacific Islanders at the
      were likely to contain archaeological remains of the San Pablo                  National Archives and Records Administration Pacific Region–San
      Avenue Chinatown. See Allen G. Pastron and Allison Vander-                      Bruno, National Archives and Records Administration, Refer-
      slice, DRAFT Archaeological Sensitivity Study and Testing Pro-                  ence Information Paper 111, January 2004.
                                                                                          Fong’s research also discovered the additional significance
      gram for the Uptown Mixed-Use Project, City Of Oakland, Alam-
      eda County, California, submitted to Forest City Residential                    of the 1880s Victorian Italianate false-front stores, part of the
      West Inc. (785 Market Street, 14th Floor, San Francisco, CA                     nineteenth-century redevelopment of the San Pablo Avenue
      94103), by Archeo-Tec (5283 Broadway, Oakland, CA 94618),                       Chinatown, that still stood on the site of Chinatown. Follow-
                                                                                      ing the 1906 San Francisco earthquake, they became home to
      http://www.oaklandnet.com/government/ceda/revised/planningzon-
                                                                                      merchant tailoring firm Hing Chong & Company and part of
      ing/MajorProjectsSection/environmentaldocuments.html, 2005);
      Anna Naruta to Claudia Cappio, Development Director, City                       a thriving early twentieth-century Chinese garment district.
      of Oakland, letter on behalf of the Chinese Historical Society                  The story of the rediscovered additional historic significance
      of America Re: Uptown Redevelopment Project MMRP Hist                           of buildings and resilience of community presence in that area
      2a and 2b, Initial Review of Draft Archaeological Plan Dated                    is recounted in Rick DelVecchio, “Oakland: New Twist in Roots
      January 2005, prepared by Archeo-Tec (available at the City                     of Chinatown/Effort Under Way to Save Historical Buildings,”
      of Oakland, Community and Economic Development Agency                           San Francisco Chronicle, East Bay ed., August 5, 2005; Momo
      and http://UptownChinatown.org, May 19, 2005).                                  Chang, “Digging Up Old Chinatown’s Roots—Downtown
10.   Naruta, “Creating Whiteness,” 150.                                              Oakland Buildings Marked for Demolition May Hold Key to
11.   City of Oakland, Planning Commission, Staff Report, Broad-                      Hidden Past,” Oakland Tribune, November 6, 2005; and Momo
      way–West Grand Project, City of Oakland Case File Numbers                       Chang, “History Amid Old Chinatown Demolition—Store-
      ER03-0022, PUD03552, PUDF03553, December 1, 2004,                               fronts Slated for Uptown Wrecking Ball Reveal Past Culture,”
      28–31; Naruta, Oakland’s San Pablo Avenue Chinatown; Naruta,                    Oakland Tribune, December 6, 2005. Articles are archived at
      “Creating Whiteness,” 148–151; Doug Park, Project Manager,                      http://UptownChinatown.org.
      Signature Properties, Signature Properties community meeting




                              Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America

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  • 1. 2C Paper Activating Legal Protections for Archaeological Remains of Historic Chinatown Sites Lessons Learned from Oakland, California (Original Title: Rediscovering Oakland’s San Pablo Avenue Chinatown) Anna Naruta W hile state law protects archaeological resources, a ing of the first “‘official’ Chinatown” on Telegraph near today’s major redevelopment project planned for the site 17th Street, after it was destroyed in a fire. The next year, the of one of Oakland’s earliest Chinatowns showed City extended its main street, Broadway, northward through community members they had to struggle to get the devel- the former Chinatown site. The dislocations continued; resi- oper to meet their legal obligations. This paper discusses a dents of the San Pablo Avenue Chinatown were “consigned” few of the lessons learned in activating legal protections for to live at the City’s industrial south shore, and the Charter unique and significant archaeological sites. Avenue Chinatown site (today’s Grand Avenue) resulted from an 1880s redevelopment of the San Pablo Avenue Chinatown site. Very little is known of these historic Chinatown sites, ACTIVATING LEGAL P ROTECTIONS although their existence is well established through a few mentions in historic newspapers and the federal census. The The California Environmental Quality Act (CEQA) not paucity of information about the Chinatowns underscores the legal significance of any potential archaeological remains.2 only protects historic buildings and landscapes, it protects unique and significant archaeological remains.1 City Plan- While the draft Environmental Impact Report for the proj- ning departmental reviews of whether a development project ect acknowledged that the project area had a high likelihood will adversely impact the environment are therefore legally of containing archaeological remains of the historic China- required to assess potential “impacts” to historic buildings town, it initially made no provision for archaeological study. and potential archaeological remains. If the project will Instead, the only “mitigation” was to have archaeological impact a resource, and the impact cannot be avoided, the monitoring during construction. This procedure usually fails project is required to “mitigate” the impact in a manner that either in adequately mitigating the archaeological resource or compensates for the damage to or loss of an irreplaceable cul- in keeping the project on schedule, or—most frequently— both.3 A pre-construction archaeological study was essential tural resource. In designing mitigations, the guiding principal is that after the project is complete, the mitigated resource for the developer to be able to meet the legal protections for should be at least equal to the resource that was destroyed. potentially unique and significant archaeological remains. For a potentially unique and significant archaeological site, if To activate the legal protections, community members a project cannot be designed to avoid impacting the site, the spent countless hours spreading the word about the archaeo- site must be studied and excavated by a qualified archaeolog- logical issue, calling and writing City Council members, and ical team, an extensive report published, and the archaeolog- speaking at public meetings. Recognizing the importance of ical documents and artifacts curated in a permanent reposi- the potential archaeological site, the City Council adopted a tory accessible to researchers. requirement for a full pre-construction archaeological study That’s the theory, anyway. But when a national develop- into their agreement with the developer. The mitigation mea- ment corporation started the Environmental Impact Review sures that the City Council adopted incorporated a public process for a project that would redevelop the site of one review process for the archaeological testing and treatment of Oakland’s earliest Chinatowns, we found there’s nothing plan, specifying that the City would seek comments on the automatic about the process of assessing and mitigating a draft archaeological treatment plan from “established local project’s impacts. It’s up to community members to activate Chinese-American organizations, including the Chinese His- the legal protections for significant cultural resources. torical Society of America and the Oakland Asian Cultural Center.”4 In our case, the site was what long-time Oaklander Edward Chew records as the site of the “‘official’ Chinatown” While it was hard won, the public review procedure was of the late 1860s and 1870s, created along San Pablo Avenue not an extraordinary measure. In terms of how local govern- near today’s 20th Street. Chew writes that this Chinatown was ments conduct Environmental Impact Reviews, seeking pub- established after city authorities refused to allow the rebuild- lic comment on the archaeological testing and treatment plan 119 Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
  • 2. 120 Anna Naruta merely brought the proposed archaeological mitigation plan SELECTING A “QUALIFIED into the same sort of public review process routinely under- ARCHAEOLOGIST” taken for proposed mitigations to impacts on historic build- ings, traffic patterns, or air or water quality. The Secretary of the Interior provides standards for who The remainder of this paper shares lessons we learned in can be considered a “qualified archaeologist.” The standards this process. require that the archaeologist have a proven track record of bringing archaeological work from excavation and analysis through completing the final stage, public reporting. These METHODS MATTER are minimum standards. It’s also relevant to ask how a partic- ular contractor meets the Secretary of the Interior’s standards In the world of cultural resource management, doing a “pre- with regards to archaeology of a site associated with historic construction archaeological study” can mean virtually any- Chinese Americans. Relevant questions include: (1) what thing. Some methods to discover existing intact historical experience the archaeological contractor has in the archaeol- archaeological remains are proven to fail but are still com- ogy of that region; (2) whether the contractor has demon- monly used in legally mandated studies. One example of an strated full completion of projects on historic sites associ- investigation method proven to fail is geotechnical soil bores ated with Chinese Americans; (3) whether the contractor has or auger testing. This method may be appropriate for dis- qualified Chinese Americanists on staff or will consult with covering sites such as Native Californian shellmounds, sites qualified Chinese Americanists during all phases of the study, that are meters deep and wide. But these soil bores are likely and not merely at the end of the project; and (4) whether the to miss remains of sites such as early U.S.-period California contractor has a proven track record of completing and fully reporting basic analysis and cataloging of materials.8 towns. Another method, backhoe trenching, tends to dis- cover archaeological remains simultaneous with destroying them, or, at best, while removing significant contextual data that is required for archaeological interpretation.5 OVERSIGHT Mechanical methods can be employed to good effect, how- ever. A backhoe with a flat-edged bucket can be an effective Review of an archaeological treatment plan is analogous to tool that allows archaeologists to rapidly expose a wide area the established city planning procedures of design review for of historic soil at one time and excavate by hand when poten- new construction projects, or a Landmarks Board review of tial archaeological remains are encountered. Such “areal” or proposed alterations to a historic site. Despite this established “horizontal” excavations provide the archaeologist with a bet- precedent, City oversight of the archaeological process does ter chance to observe the relationships between archaeologi- not seem to be as firmly established. We found an impor- cal deposits and to form a discovery method that is efficient, tant question to be whether the City’s reviewing agency, such cost effective, and appropriate to historical archaeological as planning staff or a Landmarks Board, has archaeological remains. An additional factor that can determine whether expertise available, or whether the State Historic Preservation effective archaeological interpretations of the site will be pos- Officer may need to be called on to review the mitigation plan sible is whether there is adequate observation and record- for adequacy. As our City government does not have a staff ing of geomorphological data. This is the data that speaks to archaeologist or archaeological expertise represented on the when and how the archaeological deposits were created and Landmarks Board, public participation in review of the plan lets those of us who were not on-site for the excavations “see” formed an essential step in helping the project meet CEQA what the site looked like.6 guidelines for adequate treatment of potential archaeological resources.9 Whether the archaeological study would conduct the historical research necessary to perform an adequate assess- Oversight of the final archaeological plan and in-progress ment proved to be another issue. We found that contracting archaeological project is an area where the mitigation mea- archaeologists did not necessarily utilize the basic set of his- sure language failed. In this language, the oversight role is toric documents that could reveal early land uses. Instead of assigned to an entire City agency, the Community and Eco- conducting basic land-use research using documents such as nomic Development Agency. A particular overseeing staff property records, chains of title, and the federal census, con- member should have been named. The consequences are not tractors frequently relied on historical accounts found in sec- trivial—to date we are still awaiting response regarding who ondary and tertiary sources as well as maps that post-dated at the City is overseeing the project to ensure compliance the time period for which legally-significant archaeological with CEQA and the adopted mitigation measures. remains may exist.7 In the future, mitigations may need to A concurrent redevelopment project made clear that the specify either the general scope of landuse research required mitigation measure language should be altered to ensure both or specifically name documents and records that must be accountable oversight and a better procedure for community studied. participation. This redevelopment project impacted an area Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
  • 3. Activating Legal Protections for Archaeological Remains of Historic Chinatown Sites 121 that was the site of either the immediate neighbors of the solution for the final curation plan should be specified in the mitigation measures.12 Chinatown or the historic Charter Avenue Chinatown itself. Community research demonstrated the existence of the Chi- natown, and the contracting archaeologist concurred the site was likely to contain historical archaeological remains. With P ROACTIVE S TUDY community members advocating for the potential archaeo- logical remains, the developer at the last minute voluntarily Activating legal protections for the rediscovered San Pablo adopted mitigation measures that seemed to be identical Avenue Chinatown highlighted the need for further work to those adopted for the San Pablo Avenue Chinatown site. that could identify existing cultural resources relating to The developer agreed to a focused community review of the California’s Chinese heritage before they might be threatened archaeological study “prior to construction” and addition- by redevelopment. Hometown Oaklander Kelly Fong, then a ally called for stopping all work and allowing archaeological senior in archaeology at the University of California, Berke- evaluation if a single archaeological artifact was discovered ley, conducted a volunteer research project to identify further during construction.10 historic sites associated with nineteenth- and early twentieth- In this case, that the community review of the archaeolog- century Chinese Oaklanders. Fong compiled the lists of Oak- ical plan was slated to happen “prior to construction” instead land Chinese businesses from three sources: the 1882 Wells of “prior to any removal of foundations or other ground-dis- Fargo Directory of Chinese Business Houses; the first one hun- turbing activities” meant that it never happened. Instead, the dred Oakland Chinese Merchant Partnership case files gener- work demolishing the existing historic structures flowed into ated as part of the enforcement of the Chinese Exclusion Act removing soil in preparation for the new construction. After and now preserved at the National Archives, San Bruno; and the buildings were demolished, earthmoving equipment was the businesses, residences, and other establishments labeled brought in to stir up and then compact what was euphe- as “Chinese” on the surviving volume of the 1889 Sanborn mistically called the project area’s “unconsolidated historic Fire Insurance Company map of Oakland. She produced a fill”—that is, the potential archaeological site. By the time the database of early Chinese businesses by street address, and project hit the mitigation measure’s trigger, the commence- plotted the locations on a map. The results not only expand ment of construction, there was likely no intact site left. The ideas about early Chinese Oaklanders, demonstrating that archaeological monitoring plan, which required construc- many early Chinese Californians lived and worked outside of tion workers to call a halt to the project if an historic arti- established Chinatowns, but also provide a first step in pro- fact was found, also failed. Although casual observation of actively protecting historic buildings or potential archaeolog- the project area showed the demolition and other ground- ical remains associated with these sites. The results of Fong’s disturbing work exposed buried historic items, and therefore study are on file with the City of Oakland’s Cultural Heritage would have triggered an archaeological assessment within Resource Survey, where the information will be included in future city planning assessments.13 Placing such studies in the twenty-four hours, an archaeologist was never summoned. It may never be known if unique and significant archaeological regional governmental repository for archaeological records resources were destroyed.11 (such as the California Archaeological Site Survey Northwest Information Center) can increase the likelihood the data will be incorporated in Environmental Impact Reviews. CURATION Since the intended goal of mitigations is that the cultural CONCLUSION resource remaining at the end of the project is at least equal to the cultural resource that existed before the project, CEQA Our experience with activating legal protections for signifi- guidelines have been amended to specifically state that if cant potential archaeological resources taught us a number of the impact cannot be avoided, mitigation measures can lessons. Mitigation measures should spell out the who, what, include curation of the resultant archaeological collection. where, when, and how of all steps in explicit detail. Long- The mitigation measures adopted for the San Pablo Avenue term curation procedures, if applicable, need to be addressed Chinatown unfortunately have left the curation stage of the as part of the project’s initial Environmental Impact Review. archaeological collection as something yet to be negotiated. We demonstrated that public review by community mem- Adequate curation poses a challenge. Facilities that curate bers and other archaeological practitioners provides a better archaeological collections in accordance with the State of Cal- opportunity for planned mitigations to meet legal obligations ifornia’s “Guidelines for the Curation of Archeological Collec- for protecting significant cultural resources. Our experience tions” routinely charge $1,000 per each cubic foot (a bank- also highlights the current gap in standards for and oversight ers’ box worth) of materials. Even so, most such facilities are of archaeological projects, at both the local and state level. no longer accepting new collections due to lack of space. The Perhaps most of all, our experience highlights the need for Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
  • 4. 122 Anna Naruta active community involvement in researching and preserving Chinese Community (New York and London: Garland Publish- ing, Inc., 2000), 29. historical and archaeological resources. With redevelopment 4. As an aid to other communities facing threats to potential projects continuing to impact significant sites of our Chinese archaeological resources, the full text of the cultural resource heritage, it will be communities who ultimately decide the mitigations and public review process that Oakland City fate of these cultural resources. Council adopted for Forest City’s Uptown Mixed Used Rede- velopment Project is provided below and at http://UptownChi- natown.org. This paper discusses some of the areas where the adopted language falls short, such as in specifying curation of archaeological materials, and naming specific staff charged N OTES with overseeing the archaeological mitigations measures. We will likely discover additional shortcomings as the mitigation 1. The complete CEQA guidelines can be found on the state’s process proceeds. website, http://ceres.ca.gov/ceqa. (Any project that draws on fed- The following language was adopted by Oakland City eral funds is subject to more stringent review, under Section Council on July 30, 2004 for inclusion in the Mitigation Moni- 106 of the National Historic Preservation Act.) toring and Rep orting Plan (MMRP): 2. Edward W. Chew was the son of Ng Poon Chew (1866–1931), a civil rights crusader who edited and published San Francisco’s New HIST-2a and HIST-2b REFLECTING CITY REVISIONS AND RECOMMENDATIONS TO COUNCIL 6-30-04 major turn-of-the-century Chinese-language newspaper, Chung Sai Yat Bo. A resident of Oakland since the 1906 San Francisco Mitigation Measure earthquake, Edward Chew’s father—if not Edward Chew him- HIST-2a: A pre-construction archaeological testing program shall be implemented to help identify whether historic or unique self—was likely to have been in direct communication with archaeological resources exist within the Project site. Examples of the people who had lived in the San Pablo Avenue Chinatown. potential historic or unique archaeological resources that could be In 1952, on the occasion of Oakland’s 100-year anniversary, identified within the Project site include: back-filled wells; base- Edward Chew published a special article in the Oakland Tri- ments of buildings that pre-date Euro-American buildings that bune relaying the history of Oakland’s early Chinatowns and were constructed on the Project site; and back-filled privies. For preserving important community oral history. Chew’s article these resources to be considered significant pursuant to CEQA, provided clues that allowed discovery of further information they would have to have physical integrity and meet at least one about the San Pablo Avenue Chinatown. See Willard T. Chow, of the criteria listed in CEQA Guidelines section 15064.5(a)(3) (for “The Reemergence of an Inner City: The Pivot of Chinese Set- historic resources) and/or CEQA section 21083.2(g) (for unique archaeological resources). These criteria include: association with tlement in the East Bay Region of the San Francisco Bay Area” events that have made a significant contribution to the broad pat- (Ph.D. diss., University of California, Berkeley, 1974); Anna terns of California history and cultural heritage; association with Naruta, Oakland’s San Pablo Avenue Chinatown: A Compilation of the lives or persons important in our past; embodiment of the Research to Aid the Upcoming Archaeological Sensitivity Study and distinctive characteristics of a type, period, region, or method of Treatment Plan to Be Drafted by the Archaeological Contractor for construction, or represents the work of an important creative indi- Forest City’s Uptown Redevelopment Project, UptownChinatown. vidual, or possesses high artistic values; yield, or may likely yield, org, January 2005 (on file at the Oakland Cultural Heritage information important in prehistory or history; contains informa- Survey, Oakland Public Library, and the Oakland Asian Cul- tion needed to answer important scientific research questions and tural Center); Anna Naruta, “Creating Whiteness in California: be subject to a demonstrable public interest in that information; have a special and particular quality such as being the oldest of its Racialization Processes, Land, and Policy in the Context of Cal- type or the best available example of its type; or be directly associ- ifornia’s Chinese Exclusion Movements, 1850 to 1910” (Ph.D. ated with a scientifically recognized important prehistoric or his- diss., University of California, Berkeley, 2006), 139–177. toric event or person. Archaeological remains that can provide information The testing program shall be guided by a sensitivity study unavailable from other sources meet CEQA criteria for a legally (including a history of previous land uses) and shall use a com- significant archaeological resource. (See the CEQA code for bination of subsurface investigation methods (including backhoe other significance criteria.) A review of archaeological investi- trenching, augering, and archaeological excavation units, as appro- gations of California Chinatown sites demonstrates that while priate). The purpose of the sensitivity study and testing program archaeological research has substantial accomplishments, the is to: (1) identify the presence and location of potentially-signifi- cant archaeological deposits; (2) determine if such deposits meet current archaeological sample is so small that any potential the definition of a historical resource or unique archaeological archaeological site associated with Chinese Americans meets resource under section 21083.2(g) of the CEQA statutes; (3) guide the CEQA criteria for a unique and significant (and therefore additional archaeological work, if warranted, to recover the infor- legally protected) cultural resource. See Naruta, “Creating mation potential of such deposits; and (4) refine the archaeological Whiteness,” 71–77, 136–138, 229–233. monitoring plan. 3. One of the problems of archaeological monitoring is that it fre- Representatives of established local Chinese American organi- quently produces out-of-context materials, a situation that ren- zations (including the Chinese Historical Society of America and ders archaeological interpretation impossible. For a discussion the Oakland Asian Cultural Center) shall be invited to participate of the failure of archaeological monitoring at a site identified as in a focused community review of the sensitivity study and plan for the subsequent testing program prior to initiation of subsurface the location of Oakland’s first Chinatown, see Naruta, “Creat- investigation. The City shall consider the community comments in ing Whiteness,” 145–148. The identification of Oakland’s cur- finalizing the sensitivity study and testing program. rent City Hall location as the site of the earliest Chinatown is If historic or unique archaeological resources associated with given in L. Eve Armentrout Ma and Jeong Huei Ma, The Chi- the Chinese community are identified within the project site nese of Oakland: Unsung Builders, ed. Forrest Gok and the Oak- and are further determined to be unique, the City shall consult land Chinese History Research Committee (Oakland: Oakland with representatives of an established local Chinese American Chinese History Research Committee, 1982), 32; and L. Eve organization(s) regarding the potential use of the archaeological Armentrout Ma, Hometown Chinatown: The History of Oakland’s findings for interpretive purposes. Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
  • 5. Activating Legal Protections for Archaeological Remains of Historic Chinatown Sites 123 shall be prepared for distribution to schools, museums, libraries, Implementation Procedure (1) Project Sponsor shall retain an archaeologist to implement and—in the case of Chinese or Chinese American archaeological a pre-construction archaeological testing program, as described in deposits—Chinese American organizations. the mitigation measure. Implementation Procedure (2) Archaeologist shall provide the sensitivity study and plan (1) Project Sponsor shall retain an archaeologist to monitor for the archaeological testing program for focused community ground-disturbing activity within the Project site, as described in review by representatives of established local Chinese American the mitigation measure. organizations (including the Chinese Historical Society of America (2) Archaeologist shall halt work in the vicinity of the archaeo- and the Oakland Asian Cultural Center). Community reviewers logical resource until findings can be made regarding whether the shall be provided 14 days to review sensitivity study and archaeo- resource meets the CEQA definition of an archaeological or historic logical testing program and provide written comments. The City resource. shall consider the community comments in finalizing the sensitiv- (3) If identified archaeological resources meet CEQA criteria ity study and archaeological testing program. for archaeological or historic resources, they shall be avoided by (3) Archaeologist shall prepare a plan for additional data recov- demolition or construction activities. If avoidance is not feasible, ery of archaeological material, if deemed necessary. then effects to the deposit shall be mitigated through a data recov- (4) If additional data recovery of archaeological material is ery strategy developed by the evaluating archaeologist, as described deemed necessary, Archaeologist shall submit the plan to focused in the mitigation measure. This report shall be submitted to the community review by representatives of established local Chinese NWIC. American organizations (including the Chinese Historical Society Monitoring Responsibility of America and the Oakland Asian Cultural Center). Such com- (1) through (3): City of Oakland Community and Economic munity reviewers shall be provided 14 days to review the plan and Development Agency, Planning Division. provide written comments. (5) Project Sponsor shall consult with representatives of the Monitoring and Reporting Action Chinese American community regarding the potential use of (1) Receive notice that an archaeologist has been retained. archaeological findings. (2) Verify that work is suspended if archaeological resources are found. Monitoring Responsibility (3) Review and approve the archaeological resources mitigation (1) through (5): City of Oakland Community and Economic plan, if one is prepared. Development Agency, Planning Division. Monitoring Schedule Monitoring and Reporting Action (1) Prior to approval of any permit that authorizes removal of (1) Receive notice that an archaeologist has been retained. foundations or work below finished grade. (2) Verify that appropriate groups have been contacted to (2) During demolition or Project construction. review sensitivity study and archaeological testing program. Verify (3) During Project construction. community comments have been collected and reviewed and con- sidered. Non-Compliance Sanction (3) Verify that a research design is prepared. (1) No approval of any permit that authorizes removal of foun- (4) Verify that appropriate groups have been contacted to dations or work below finished grade. review research design and plan for additional data recovery. Ver- (2) City issues corrective action or stop work order. ify community comments have been collected and reviewed and (3) City issues corrective action. considered. 5. An Oakland mitigation project obtained a false negative when (5) Verify that the appropriate groups have been contacted using soil bores to assess whether significant historical archae- regarding archaeological findings within the Project site. ological remains might be present. The estimation that nine- Monitoring Schedule teenth-century historical archaeological remains would have (1) through (4): Prior to approval of any permit that authorizes been eliminated through the mid-twentieth-century construc- removal of foundations or work below finished grade. tion of buildings with “extensive basements” also proved to be (5) During Project construction. incorrect. For the preconstruction assessment, see Jan M. Hup- Non-Compliance Sanction man and David Chavez, Archaeological Resources Investigation (1) through (4): No approval of any permit that authorizes for the Oakland Administration Building Project, Oakland, Califor- removal of foundations or work below finished grade. (5) City issues corrective action or stop work order. nia (David Chavez & Associates, P.O. Box 52, Mill Valley, CA 94941), submitted to Environmental Science Associates, Inc. Mitigation Measure (301 Brannan Street, San Francisco, CA); California Archaeo- HIST-2b: Archaeological monitoring of ground-disturbing con- struction in the Project area shall be conducted, as appropriate and logical Site Survey Northwest Information Center file #S- if necessary, based on the results of the pre-construction testing 16863 (June 1994), 22–23, 34–35, 61. During construction, program and the potential for encountering unidentified archae- the archaeological monitor found intact historical archaeologi- ological deposits. Upon completion of the pre-construction test- cal deposits and recovered objects dating to as early as 1840, as ing program specified in Mitigation Measure HIST-2a, the extent reported in Colin Busby, Archaeology Services, City Administra- of archaeological monitoring during Project construction will be tion Building—Project L74021: Final Monitoring Report, letter to assessed, and the scope and frequency of the monitoring required City of Oakland Project Manager Jack Young, April 22, 1996 by this mitigation measure shall be based on the findings of this (Basin Research Associates, 1933 Davis Street, Suite 210, San assessment. Monitoring shall be conducted by a cultural resource Leandro, CA); California Archaeological Site Survey Northwest professional approved by the City who meets the Secretary of the Interior’s Professional Qualifications Standards for Prehistoric and Information Center file #S-18536 (1996). For a discussion of Historical Archaeology. how these mitigations failed to meet adequate treatment for Upon completion of such archaeological monitoring, evalua- archaeological remains under the legal protections of CEQA, tion, or data recovery mitigation, the archaeologist shall prepare a see Naruta, “Creating Whiteness,” 146–148. report documenting the methods, results, and recommendations of 6 For a discussion of how geomorphological data plays an essen- the investigation, and submit this report to the NWIC (Northwest tial role in archaeological interpretation of Chinatown sites, Information Center). Public displays of the findings of archaeologi- see Naruta, “Creating Whiteness,” 71–138, 214–216. One cal recovery excavation(s) of historical or unique resources shall be resource for archaeologists is Stewart Reed, Nathan Bailey, and prepared. As appropriate, brochures, pamphlets, or other media, Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America
  • 6. 124 Anna Naruta Oghenekome Onokpise, Soil Science for Archeologists, vol. 1, ed. to discuss the Broadway–West Grand Project, May 25, 2005; Michael Russo and Virginia Horak, Florida Agricultural and Naruta, letter to Claudia Cappio, Development Director, City Mechanical University and Southeast Archeological Center, of Oakland Community and Economic Development Agency, National Park Service, June 2000, http://www.cr.nps.gov/seac/ on behalf of the Chinese Historical Society of America, Re: Broadway–West Grand Mixed-Use Project, Case File Numbers soils-index.htm. 7 This was the case for the above-mentioned archaeological mit- PUD03552, PUDF03553, ER030022, April 20, 2005. igations reported in Hupman and Chavez, Oakland Administra- 12. State Historical Resources Commission, Department of Parks tion Building Project, and Busby, Final Monitoring Report, and also and Recreation, “State of Calfornia Resources Agency Guide- an archaeological mitigation for Upper Chinatown that formed lines for the Curation of Archeological Collections,” (Sacra- after the dislocation of the San Pablo Avenue Chinatown, mento, Office of Historic Preservation, 1993). For a typical Archeo-Tec, Cultural Resources Evaluation for the Broadway-West cost of archaeological curation, see Museum of Anthropology Grand Project, submitted by Allen Pastron, Archeo-Tec, to Pat- and Repository for Archaeological Collections, California State rick Van Ness, Signature Properties, for City of Oakland, Case University, Bakersfield, “Storage Guidelines,” http://www.csub. File Numbers ER03-0022, PUD03552, PUDF03553, Septem- edu/musanth/GdlnsRep.htm (9001 Stockdale Highway, Bakers- ber 15, 2004. For the San Pablo Avenue Chinatown, a com- field, CA 93311). Part of the expense associated with archaeo- pilation of basic research was prepared and donated to the logical curation is that in order for such facilities to meet their project to give the archaeological contractors a better starting long-term curation goals, they must use only the interest on point for their research. See Naruta, Oakland’s San Pablo Avenue the curation fee to cover operating costs. “The San Francisco Bay Area currently suffers from a shortage of acceptable cura- Chinatown. 8. While we prepared a list of Bay Area historical archaeologists tion facilities,” note Allen G. Pastron and Allison Vanderslice, who met the Secretary of the Interior’s Standards with regards Archaeological Sensitivity Study and Testing Program for the to previous work on Chinatown sites (see http://UptownChina- Uptown Chinatown Project, City of Oakland, Alameda County, town.org), the developer apparently did not seek bids from any California, submitted to Forest City Residential West Inc. of them. (785 Market Street, 14th Floor, San Francisco, CA 94103), by It’s worth stipulating that the archaeological contractor Archeo-Tec (5283 Broadway, Oakland, CA 94618), November must complete the full preliminary analysis and catalogu- 2005, 133 (see also 132–134). ing of artifacts, including determining minimum number of 13. Kelly Fong, “Nineteenth-Century Oakland Chinese Busi- specimens represented by the fragmented artifacts and check- nesses,” report with maps prepared for Anthropology 197 ing ceramic fragments for “crossmends” with fragments from (Independent Research in Oakland Cultural Resources and Cul- other deposits from the same site. If fragments from different tural Heritage), instructor Anna Naruta, supervisory professor deposits show themselves to have been part of the same item, Kent Lightfoot, University of California, Berkeley, Spring 2005 this provides data about the relationship between the different (Oakland, CA: UptownChinatown.org, June 2005); on file at the deposits. Analyzing ceramics through determining crossmends Oakland Cultural Heritage Survey, Oakland Public Library, is therefore part of the basic reporting of a site. See Naruta, Oakland Asian Cultural Center, and the Chinese Historical “Creating Whiteness,” 208–217. Society of America. For more on the Chinese merchant part- 9 Community review helped redirect the archaeological con- nership files, see Bill Greene, Bob Glass, and Daniel Nealand, tractor to areas that primary source documents indicated A Guide to Records of Asian Americans and Pacific Islanders at the were likely to contain archaeological remains of the San Pablo National Archives and Records Administration Pacific Region–San Avenue Chinatown. See Allen G. Pastron and Allison Vander- Bruno, National Archives and Records Administration, Refer- slice, DRAFT Archaeological Sensitivity Study and Testing Pro- ence Information Paper 111, January 2004. Fong’s research also discovered the additional significance gram for the Uptown Mixed-Use Project, City Of Oakland, Alam- eda County, California, submitted to Forest City Residential of the 1880s Victorian Italianate false-front stores, part of the West Inc. (785 Market Street, 14th Floor, San Francisco, CA nineteenth-century redevelopment of the San Pablo Avenue 94103), by Archeo-Tec (5283 Broadway, Oakland, CA 94618), Chinatown, that still stood on the site of Chinatown. Follow- ing the 1906 San Francisco earthquake, they became home to http://www.oaklandnet.com/government/ceda/revised/planningzon- merchant tailoring firm Hing Chong & Company and part of ing/MajorProjectsSection/environmentaldocuments.html, 2005); Anna Naruta to Claudia Cappio, Development Director, City a thriving early twentieth-century Chinese garment district. of Oakland, letter on behalf of the Chinese Historical Society The story of the rediscovered additional historic significance of America Re: Uptown Redevelopment Project MMRP Hist of buildings and resilience of community presence in that area 2a and 2b, Initial Review of Draft Archaeological Plan Dated is recounted in Rick DelVecchio, “Oakland: New Twist in Roots January 2005, prepared by Archeo-Tec (available at the City of Chinatown/Effort Under Way to Save Historical Buildings,” of Oakland, Community and Economic Development Agency San Francisco Chronicle, East Bay ed., August 5, 2005; Momo and http://UptownChinatown.org, May 19, 2005). Chang, “Digging Up Old Chinatown’s Roots—Downtown 10. Naruta, “Creating Whiteness,” 150. Oakland Buildings Marked for Demolition May Hold Key to 11. City of Oakland, Planning Commission, Staff Report, Broad- Hidden Past,” Oakland Tribune, November 6, 2005; and Momo way–West Grand Project, City of Oakland Case File Numbers Chang, “History Amid Old Chinatown Demolition—Store- ER03-0022, PUD03552, PUDF03553, December 1, 2004, fronts Slated for Uptown Wrecking Ball Reveal Past Culture,” 28–31; Naruta, Oakland’s San Pablo Avenue Chinatown; Naruta, Oakland Tribune, December 6, 2005. Articles are archived at “Creating Whiteness,” 148–151; Doug Park, Project Manager, http://UptownChinatown.org. Signature Properties, Signature Properties community meeting Chinese America: History and Perspectives – The journal of the Chinese Historical Society of America