Clearlake commission approves Burns Valley Sports Complex plan despite tribal calls for full-site monitoring

The Clearlake Planning Commission voted 5–0 on April 25 to adopt Resolution PC 2022-24, approving a mitigated negative declaration, a mitigation monitoring plan and conditions of approval for the Burns Valley Sports Complex at 14885 Burns Valley Road.

City staff told the commission the project includes baseball and softball fields, soccer fields, playgrounds, restrooms and concessions, and noted the broader plan calls for a separate recreation center with an estimated cost of about $16 million. Staff said the sports complex itself is projected to cost about $8 million and listed funding sources that include a federal grant routed through HUD secured with assistance from Congressman Thompson, a California State Parks contribution and local commitments.

The hearing’s central contention centered on tribal cultural resources. Archaeologist Dr. White told the commission his fieldwork included 33 trenches and identified “two prehistoric Native American, tribal cultural resources,” both buried more than 16 inches below the surface and likely more than 5,000 years old. He described the sites as chipstone deposits in an old Miller Creek corridor and recommended avoiding impacts by capping and filling those areas, placing an impermeable fabric, and using tribal monitoring near the known sites alongside a long-term treatment plan. “I did find, two prehistoric Native American, tribal cultural resources. Both were buried at depths greater than 16 inches,” Dr. White said in his summary to the commission.

Representatives of the Koi Nation and allied tribal speakers urged stronger protections. Darren Belchan, tribal chairman of the Northern California Koi Nation, said the land has been used for ceremony and subsistence for generations and thanked the city for extra consultation time while urging thorough protection. “I represent the Koi people…we’ve hunted, fished, prayed, held ceremonies here, died on these lands,” Belchan said. Tribal cultural resources attorney Holly Roberson provided a redlined set of revised mitigation measures and argued the tribe’s preferred provisions—including whole-site tribal monitoring for all ground-disturbing work, limits on destructive testing, tribal input on reburial and contractor training by the consulting tribe—were feasible and necessary under CEQA, citing precedent and federal guidance.

Community supporters also spoke. Helen Mitcham, treasurer and information officer for South Shore Little League, urged approval to provide fields for 362 Little League players and area soccer teams; teacher Latoya Fortino described youth benefits and the need for constructive activities.

City staff defended the document and the proposed mitigation as a balance of avoidance and mitigation. Staff said the city had conducted upfront studies earlier than many agencies, offered additional probing when concerns remained but did not receive tribal agreement to that work, and argued the proposed cap-and-fill, targeted tribal monitoring around known sites and contractor cultural-sensitivity training would mitigate impacts to a less-than-significant level based on the factual record presented to the lead agency.

Commissioners questioned both sides about the geographic extent of monitoring and the facts on the ground. Tribal speakers contended the broader landscape was culturally sensitive and that probes could miss intact deposits; staff and the project archaeologist said the probes identified the intact resources’ boundaries and that monitoring as proposed would focus on confirmed areas and an added buffer, while still retaining the city’s lead-agency responsibility to base mitigation on the record.

After deliberation the commission adopted the resolution approving the mitigated negative declaration, mitigation monitoring plan and the conditions of approval for CUP 2022-16. The roll-call vote was recorded as unanimous (5–0). The commission did not adopt the tribe’s redlined mitigation package as presented; the staff report and conditions adopted include cap-and-fill avoidance around identified sites and targeted tribal monitoring in the buffered areas staff identified.

What happens next: the city will proceed with the permits under the adopted mitigated negative declaration and implement the mitigation monitoring plan. Because federal funding is involved, staff advised the commission that a NEPA review will also be required and that HUD had recently contacted the city to initiate that process. Tribal representatives said they remain willing to work toward additional measures and offered training to staff; they also left on record requests for fuller monitoring and tighter language to prevent destructive testing and to clarify reburial handling.

The commission closed the hearing after taking public comment, adopted the resolution and then moved to routine reports before adjourning at 7:58 p.m.