By Matt Coker
By R. Scott Moxley
By Charles Lam
By Nick Schou
By Gustavo Arellano
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By Steve Lowery
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Native American battle over the possible disturbance of an Indian burial site at a Mission San Juan Capistrano garden gets ugly
A legal battle over beautification of a long-neglected dirt lot over Mission San Juan Capistrano’s Old Cemetery is born out of “a vendetta,” according to one attorney arguing the case.
Ed Connor, who represents the Diocese of Orange, blames Native American tribal leader David Belardes not getting along with Mission Basilica San Juan Capistrano parish pastor Father Arthur Holquin for a protracted dispute that has drawn in the San Juan Capistrano Cultural Heritage Commission, the City Council, the California Native Heritage Commission, Orange County Superior Court and at least four groups of the Juaneño-Acjachemen Band of Mission Indians.
Belardes, who is the longtime chairman of one Juaneño group, has served as a Native American monitor on many building projects at the mission in the past 30 years, especially when the late Monsignor Paul Martin was in charge. But he has been called upon far less frequently since Holquin took over upon Martin’s 2003 retirement.
“David Belardes does not get along with Father Art,” says Connor, a longtime member of the parish.
Holquin decided in late spring 2007 to turn what he called a “rat infested” lot into a memorial garden honoring Martin. Included was a fireplace, fountain, food-preparation area and landscaping. But in Holquin’s zeal to get the project completed before a cardinal’s arrival from Rome to consecrate a new altar, he made two huge mistakes: He did not get city-required permits, and he failed to enlist a state-required Native American monitor to help deal with what are considered sacred remains that construction often unearths. By law and custom, Indian bones, teeth and artifacts must be quickly reburied as close as possible to where they were found.
There should have been no question a monitor was needed: The mission’s own maps show part of the Old Cemetery, where the ancestors of many Juaneños are buried, is under the so-called Rectory Garden, which is adjacent to the rectory, near the El Camino Real mission entrance.
Belardes, who did not learn of the project until it was essentially completed, complained on July 17, 2007, to the city of San Juan Capistrano and the Native American Heritage Commission (NAHC), which strives to preserve and protect Indian remains and associated grave goods. The city issued a stop-work notice two days later.
After months of investigations and negotiations, the mission submitted a belated site plan this past April that the city approved. In May, Belardes appealed to the city’s Cultural Heritage Commission, arguing the project was disruptive to remains. Holquin claimed no bones were ever uncovered, but he did admit mistakes were made. The commission upheld the site-plan approval as long as the fireplace and food-prep area were removed.
Belardes wanted everything gone, so he appealed to the city council. Though technically no work should have gone on at the mission until the council hearing, Connor advised ripping out the fireplace and food-prep area, thinking that might “make this go away.” Holquin in August apologized to council members, who decided removing the fountain and concrete foundations might disturb remains. They also ordered new Rectory Garden grass be replaced with drought-resistant turf that requires less watering.
A month later, under the California Environmental Quality Act (CEQA), Belardes took the city and mission to court on grounds that environmental reports had never been filed on the fountain, foundations and landscaping. A June hearing is scheduled.
San Juan Capistrano Mayor Mark Nielsen held mediation meetings in November between the mission, Belardes and Anthony Rivera, the leader of another faction of Juaneños who began working with Holquin to address Native American concerns after the priest’s apologies. Belardes walked out of those talks after a second meeting.
Rivera defended the mission and Holquin when the NAHC took the matter up Dec. 12 at San Juan Capistrano City Hall. “I want to make this clear: No bones were discovered,” Rivera told commissioners, who are appointed by the governor. “The laws have been satisfied. The mission and Father Holquin have been working very hard to make sure this does not happen again.” He noted the mission flies a Juaneño flag and that many Juaneños are parishioners.
Stephen Miles, an Irvine-based attorney who represents Belardes, countered that by the time Rivera got involved, “the damage had already occurred.” The lawyer also called it “disingenuous” to say no remains were found because neither a monitor nor an archaeologist trained to spot bone fragments was ever present.
Belardes, who attended the mission school in the 1950s and helped conduct the first Native American reburial there in 1981, accused the Church hierarchy of having acted “with malice” because they knew the garden would be over a cemetery and Indian monitors would be required. “These are our ancestors’ remains here,” Belardes said. “They keep saying ‘garden, garden.’ ‘No,’ I tell them, ‘this is a cemetery.’”