SONOMA— The Koi Nation of Northern California (Koi Nation), a federally recognized tribe of Southeastern Pomo people, has sued the City of Clearlake over what it calls, “a blatant disregard of state laws that mandate the protection of tribal cultural resources, including sacred sites and ancestral remains.” The Tribe is demanding that Clearlake officials comply fully with what it calls its legal requirements as the city proceeds with the development of the proposed Burns Valley Sports Complex.
According to tribal leaders, Clearlake is required by law under the California Environmental Quality Act (CEQA) to consult with the Koi Nation about the potential effects of the project on important cultural sites of the tribe, whose ancestors have lived in the region for over 17,000 years. The Burns Valley project will encompass a site that extends over traditional Koi lands. “Instead of complying with the law, Clearlake officials have approved a wholly inadequate and rushed approval of the project that excludes the required protection of tribal cultural resources and meaningful Tribal consultation,” stated tribal leaders.
“The City of Clearlake and the City’s leaders must respect the law, our cultural heritage and our tribal sovereignty before and during the development of the Burns Valley Sports Complex,” said Dino Beltran, Vice-Chairman of the Koi Nation. “Protecting burial sites and artifacts of our people is a legal and moral obligation, and we hope that this action will persuade Clearlake officials to recognize their obligations and meaningfully consult with us.”
“The City of Clearlake is on a path to revitalize the city and add new residents and the businesses to support their needs. Clearlake has pressing community needs, such as infrastructure, education, medical care and public services,” said City Manager Alan Flora through an official statement Thursday. “The sports complex is intended to serve as a gathering place for families, friends, and neighbors, strengthening community bonds and fostering a sense of belonging and camaraderie among residents.”
Flora added, “Not only is the sports complex needed for the youth in the community, but it will also help convey the necessity of a healthy lifestyle for the whole family. Lake County has some of highest negative health statistics in the State so the city is doing everything it can to help improve the quality of life for their residents. As it relates to the Burns Valley Sports Complex litigation, the City of Clearlake continues to hear Koi Nation is ‘not opposed,’ yet the approach they take and the litigation they filed seems to suggest otherwise. The Sports Complex litigation follows on the heels of the recent Koi lawsuit which has temporarily halted the hotel development and new road project on 18th Avenue in Clearlake.”
Cultural resources environmental requirements
AB 52, the Tribal Cultural Resources bill enacted in 2014, modified CEQA to require public agencies to engage in a robust consultation with the Native American tribe from the area whenever a project has the potential to affect important tribal sites such as burial grounds, villages, sacred sites, or other tribal cultural resources. Tribal leaders contend that that consultation, and the knowledge provided by a Tribal Historic Preservation Officer, “is imperative for the protection of tribal spaces and resources” and to respect the sovereign status of affected tribes, according to the Governor’s Office of Planning and Research.
“The Koi Nation provided lots of evidence of impacts to tribal cultural resources on the project site and many ideas to reduce harm or avoid impacts, but the City just wouldn’t listen” Beltran said. “We asked them to keep consulting, and to work it out with us so the project could move forward, but they walked away from the table.”
According to a press release from Koi Nation, “Clearlake is not only ignoring the law, but in its public statements about the development they are also making blatantly false claims that the Koi Nation opposes the Burns Valley Sports Complex. That is categorically untrue. The Koi Nation does not object to development in the region, so long as it is done respectfully and legally.”
Tribal officials noted that the Koi Nation “supports the creation of this facility for our friends and neighbors who live in the City, which has a shortage of outdoor recreation options, and is taking this action to ensure that the Burns Valley project moves forward in a way that conforms to the law and does not cause more harm to tribal sites.”
“The City wants to pit us against our neighbors by these false statements, when we have said publicly that we support the development,” Beltran said. “It is disappointing and upsetting that the City’s leaders would make such statements in an attempt to create animosity toward us. We are not seeking to stop the project, but rather to ensure that Clearlake officials follow the law. We can and must find a way to co-exist. This place is the land of the original inhabitants of the Clearlake basin, the Koi people. When the City builds projects, it needs to be respectful and take into account all of the tribal cultural resources it could impact and find a way to avoid harming them. The City must do everything it can to build projects in a responsible way, which could save the City money and actually help projects get done faster with less opposition.”
Clearlake retorted with concerns over legal actions taken by the tribe. “Litigation seems to be routine with the Koi on our projects which is incredibly frustrating and disappointing. During the CEQA process, we worked with the Koi for over two years, and we thought we had made good progress,” said Flora.
Flora added that the city redesigned the sports complex project to avoid any impacts to tribal cultural resources, primarily by utilizing a cap and fill method of building above any sensitive areas without excavation. Further, he noted that the city made many concessions beyond what was legally required in order to respond to the Koi’s concerns, including a discussion about naming the sports complex, tribal interpretive panels and displays, native plantings, and agreeing to allow the tribe free use of the complex up to four times a year for their own events.
“After our meetings with Koi Nation, we believed a feasible agreement was possible,” said Mayor Russ Perdock. “In fact, at the June 7 City Council meeting, Darin Beltran offered at a City Council meeting to cover the costs of the additional monitoring they were requesting.”
“We were thrilled to feel like we could move forward in unison,” said Perdock. “However, a week later at the June 15 City Council meeting, the tribe rescinded their offer. I can’t tell you how disheartened our community is at the thought of the Koi holding up yet another project.”
Clearlake officials said the continued frivolous lawsuits from the Koi waste scarce city resources, both in terms of time and money and noted that the city’s budget is limited and continued lawsuits could destroy the city’s future plans.
“After two years of work, we are confident our environmental review meets and exceeds our requirements under the law. We encourage anyone interested to review documents about the project including a summary memo of our efforts,” said Perdock. “We hope the Koi Nation won’t take this community asset away from us.”
City officials announced via the agenda for the City Council meeting Thursday that they were meeting with their legal counsel in closed session to discuss labor negotiations and litigation by the Koi Nation to stop both the 18th Avenue roadway and hotel development project and the Burns Valley Sports Complex. In their newsletter to the community earlier this week they also urged residents to learn more about the issue, stating “city progress is at risk.”
In the lawsuit filed with Lake County Superior Court on July 14, Koi Nation requests a temporary writ of mandate directing the city to vacate, set aside, and void the mitigated negative declaration and any related action approvals undertaken to effect commencement of construction of the proposed project and among other relief request a temporary restraining order and/or a preliminary injunction, as appropriate, to maintain the status quo, pending judgement of the court.
