Clear Lake council adopts interim tribal consultation procedures, rate policy amid tribal requests for further collaboration

The Clear Lake City Council on May 4 voted unanimously to adopt an interim set of tribal consultation standard operating procedures and a tribal consultation and monitoring rate policy, allowing staff to use templates, flowcharts and tracking forms while city staff and the consultant work with culturally affiliated tribes to develop a final policy.

Lisa Westwood, director of cultural resources for ECOR Consulting, delivered a recorded presentation explaining the legal framework that requires tribal consultation — including Assembly Bill 52, Senate Bill 18, Assembly Bill 168 and Section 106 of the National Historic Preservation Act — and recommended interim tools for staff to use while the city conducts collaborative work with tribes on a final policy.

Dino Beltran, participating by Zoom and representing the Kawe Nation, said the tribe supports developing guidance but urged the council not to adopt the interim rate policy that evening without more tribal input. He said the tribe submitted comments and requested that a Caltrans citation be updated to the most recent (2022) guidance and that tribes be involved in setting monitoring rates. “We do urge the council not to adopt the interim rate policy tonight and to instead develop a rate policy that is in true consultation with us,” Beltran said.

City staff and several council members said the interim materials are intended as starting tools that can be refined. City Manager Alan Flora said the interim guidance provides forms and examples to ensure compliance with state law while the city and tribes work over a longer period to finalize formal guidelines. Vice Mayor Claffey and other council members suggested a market‑based or countywide approach to establishing monitoring rates rather than relying on a single external benchmark.

Council member Sloatman moved adoption of the interim policies and Vice Mayor Claffey seconded; the motion passed unanimously. Council members asked staff to continue engagement with culturally affiliated tribes, consider privacy and training provisions in the final policy, and to bring the finalized guidelines back for review and public comment before they go to the planning commission and the council.