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Clearlake’s 18th Avenue project set to move forward after city wins legal decision
The notice of judgment is now available which includes a full transcription of the judge’s Nov. 20, 2023 decision. It is published below.
The dispute centered around the 18th Avenue project, which the city called “a vital piece of infrastructure needed to support the much-anticipated hotel project.”
The Koi alleged that the city had not participated in consultation with the tribe as required by state law.
The court denied all claims brought by the Koi, instead ruling the city’s analysis of tribal cultural resources was sufficient.
In the ruling, the court also found that the Koi’s claims that tribal consultation procedures were not followed by the city were false and that, in actuality, the Koi never even adequately requested consultation.
After the ruling was issued the Koi asked the court to grant a “stay” of any construction work until a hearing could be granted on a possible appeal.
The court heard arguments on the stay on Dec. 11 and rejected the stay request due to a lack of merit.
City officials said the ruling follows their lengthy efforts to ensure development efforts to not harm tribal resources, including consultation with tribes, commissioning a thorough survey and report from a professional archeologist, allowing the tribe to provide contractor cultural sensitivity training before work starts and putting into place a number of mitigation measures in case there is an inadvertent discovery.
In his in-depth ruling, Judge Michael Lunas explained, “I am compelled and left with the finding that there is substantial evidence supporting the city’s determination, including their assessment of the evidence offered by petitioner. There is substantial evidence supporting the city’s determination independent of the evidence offered by petitioner, and there is substantial evidence supporting the city’s determination in consideration and assessing the evidence offered by petitioner and the entirety of the evidentiary record under the applicable legal standard. Accordingly, the city has properly reviewed and considered tribal cultural resources and specifically considered and assessed the evidence presented by petitioner. The city properly considered petitioner’s input, properly heard and considered petitioners evidence regarding knowledge of the site and whether tribal cultural resources were present. The mitigation adopted was appropriate to the facts. And as a result, the city did not fail to consider cumulative impacts regarding this project and other projects. The causes of action set forth in the petition fail on this review. Each cause of action, including as already noted, the cause of action based on improper consultation is denied on its merits and not sustained on the evidence. The petition for writ is denied.”
The project will extend 18th Avenue to connect the Old Highway 53 with State Route 53, another important part of improving the city’s overall transportation system.
It also includes a four-story, 75-room Fairfield Inn & Suites hotel, one-story meeting hall and parking lot.
The site is on almost 3.5 acres of land on the former Pearce Airport landing strip, long used as a city storage and equipment yard.
“We are working hard to improve the city’s roads, parks, housing and tourism options, among other priorities,” said Mayor David Claffey. “This project is a four-way winner; it includes transportation improvements, new jobs, additional hotel rooms and a community gathering space. We take the issues raised by the Koi very seriously and it’s why we go to great lengths to
proactively identify and mitigate potential concerns. It’s reassuring to have such a clear ruling from the court that validates our thoughtful approach to development, and we look forward to returning to a practice of reasonable and collaborative efforts with all our community members.”
Downey Brand represented the City of Clearlake in this case and continues to represent the city in a similar lawsuit also filed by the Koi Nation in July over plans for the Burns Valley sports complex and recreation center. That lawsuit has not yet come to hearing.
2023-12-27--Notice of Entry of Judgement(4041580.1) (1) by LakeCoNews on Scribd