City of Clearlake, Elem Indian Colony form collaborative agreement for new travel center development
- Elizabeth Larson
- Posted On
CLEARLAKE, Calif. — The Clearlake City Council last week unanimously approved a new agreement with the Elem Indian Colony in support of the tribe’s new travel center development in the city.
The project will be built on a 1.1-acre property consisting of two parcels at 14825 and 14855 Lakeshore Drive, near Redbud Park and formerly the site of Mario’s Restaurant and Silk’s Bar and Grill.
City officials and the tribe were complimentary of each other and their efforts to work together, and both said the project will be economically beneficial for the community.
The tribe’s leadership said at the Dec. 7 council meeting that they worked hard to understand the city’s concerns and to be consistent with the city’s vision.
Blue Stone Consulting Group, working on behalf of the tribe, reported that the building style is “modern mountain design,” with high ceilings and natural light.
It will feature a 4,650-square-foot building with a convenience store, an in-house food facility with offerings including sandwiches and salads plus fresh coffee, office space and an all-access drive through, along with both indoor and outdoor eating areas.
While there will be a tobacco stand, the tribe has agreed to follow California regulations for tobacco sales, which it is not required to do.
There also will be a total of 20 gas pumps — of which four will be for diesel fuel — and 10 dispensing stations, plus four to six electric vehicle charging stations.
In an effort to make the project as green as possible, the design includes solar panels on the top of the gas station.
The tribe is ready to break ground as soon as possible. Construction is expected to be completed in January or February of 2025.
Elem purchased the property in 2019 from receivership. In February, the Bureau of Indian Affairs approved Elem’s request to place the land in trust, which means the tribe does not have to pay taxes on operations or seek city approval on the project.
City Manager Alan Flora said the city had concerns about the project, especially with it being in trust. “The city has essentially no jurisdiction over that sovereign land.”
However, in spite of those concerns, he said the city and the tribe have developed what he called “a very strong relationship.”
Flora said the tribe came to the city and wanted to address its concerns, including how it might impact city operations. That “positive and collaborative way” of responding to the city’s concerns resulted in the memorandum of agreement before the council that night.
The agreement covers several key areas, among them, tax revenue, which the tribe is not required to pay because transactions on tribal lands are not subject to federal, state or local taxes.
Despite that, Flora said Elem has agreed to pay the city an equal amount of tax receipts that would be generated by the city’s two tax measures, Measure P, which supports the police department, and Measure V, the road sales tax. The tribe will contribute 60% of the city’s sales tax rate, increasing it by 10% annually until it reaches 100%.
Flora said the tribe is doing everything it can to make the travel center consistent with city ordinances and plans, despite no obligation to do so. The city’s engineers, which are working on a project on Lakeshore Drive, are sharing their information with the tribe and their team.
Although the city does not have permitting jurisdiction over the project — projects on tribal lands are not subject to review and approval for building, grading and other types of permits — Elem has agreed to submit the plans to the city for review, comment and recommendation.
Flora said the Clearlake Police Department will provide law enforcement services for the property until such time as the tribe decides to develop a tribal police force.
In response to concerns about tobacco use, the tribe agreed to adopt the state ban on flavored tobacco sales.
Other key aspects of the agreement include Elem’s pledge to establish a public benefit fund with an initial grant of $100,000 to assist with projects benefiting the community at large. Two city and two tribal representatives will jointly determine the projects to support.
The agreement also includes a tribal/city advisory committee. Flora said the tribe asked the city to participate in that committee, which also will include two representatives each from the city and tribe in order to have regular discussions and work through any issues that might arise.
“It’s been a very positive working relationship,” said Flora, adding he was proud of how they came together.
Elem Chairman Agustin Garcia said Elem is a historic tribe both in Clearlake Oaks and in Clearlake.
The other land the tribe has in trust is in Clearlake Oaks, next to the Sulphur Bank mercury mine, which is a federal Superfund site that is about to undergo a major cleanup.
Garcia said being next to that mine has devastated the tribe, adding it’s hard to build on contaminated land.
“We sought out other lands. We made a choice to purchase this property here in the city of Clearlake,” Garcia said.
He said the tribe has had a great experience working with Flora, with everything falling into place.
“We want to settle whatever notion that you have that we're just going to be one of these tribes that’s going to come in, develop this site and not work with you guys. That's not going to happen,” Garcia said, noting the agreement nails down everything the tribe was there to pledge they would do.
He added, “It’s a great steppingstone because we plan to invest in the city.”
His mother, Sarah Garcia, has been Elem’s secretary/treasurer since she was 21 years old. She recounted traveling with her father since she was a teenager, and how that the tribe didn’t get electricity at its Clearlake Oaks rancheria until 1965, and waited until 1973 to get running water.
She said she’s thrilled with the new clinic — an apparent reference to Lake County Tribal Health’s new facility that opened in Clearlake earlier this year — and now the travel center.
“Now I can begin to think about retiring and let the younger generation move forward,” she said.
Council members lauded the tribe for their effort to work with the city and for investing in the community.
“We really appreciate the collaborative effort to get this project off the ground. It’s a good thing for both. We really appreciate that,” said Councilman Dirk Slooten.
“Thank you. Thank you for investing in our shared community. Even if we didn't have an agreement, that investment alone means so much to the people here,” said Councilman David Claffey.
“The visuals are stunning,” Claffey added, noting he’s going to try to get Flora to include modern mountain design for the City Hall upgrades.
Councilman Russell Cremer moved to approve the agreement, with Councilwoman Joyce Overton seconding and the council approving it 5-0.
Following the vote there was a round of applause from the chambers.
In a following statement issued jointly by the tribe and the city, Elem Chair Agustin Garcia said “this agreement is the culmination of the tribe's desire for economic development in the city the tribe calls home. We appreciate the city’s commitment to work collaboratively with us to create a project that reflects both the tribe’s and city’s vision for Clearlake and Lake County that will stand for generations. The agreement also reflects what can happen when all issues are placed on the table and both parties work toward common goals. The Elem Indian Colony thanks city leaders for their support and trust in approving the agreement.”
Flora said that the city “can’t express enough how much we appreciate the interest in benefiting the community by Elem tribal leadership throughout this process.”
He added, “In many cases, negotiations like this are combative and end up in court. But Elem considered our needs and concerns and addressed them in a meaningful way. We see this as a long and cooperative relationship with Elem that will benefit the Clearlake community and support tribal sovereignty.”
The situation with Elem stands in contrast to the city’s legal challenges with the Koi Nation, a Lower Lake tribe that has sued over the city’s 18th Avenue improvement project and the Burns Valley sports complex. Last month a judge ruled against the Koi’s 18th Avenue suit and earlier this week denied the Koi a continued stay on that project.
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