Item 12 - 10th Street and Flower Street Improvements

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Final Initial Studv and Mitiaated Neaative Declaration because the clarifications do not identify a new avoidable significant effect or require a new mitigation measure. 4.2.2.7 Page 4-84 of the Draft IS/MND: The Gabrieleno Band of Mission Indians— Kizh Nation (Tribe) requested consultation in an email dated July 3, 2024. The City contacted the tribal office by email on July 8, 2024, and suggested several possible times to meet. The Tribe offered to perform consultation via email, to which the City agreed. The Tribe provided historical tribal information to the City via email on July 31, 2024. The Tribe stated that there was a potential to encountertribal cultural resources (TCRs) such as artifacts during construction because of the Project's location in the Santa Ana TCR landscape. The Tribe provided three mitigation measures including tribal monitoring, treatment of non-ceremonial/non funerary objects, and treatment of human remains and associated funerary or ceremonial objects. The City revised the mitigation and provided the edits to the Tribe on August 15, 2024. The City concluded cens ilt-a+inn nn 4i g st 21 2024 On September 5, 2024, the Kizh Nation provided a letter to the City via email. In this letter, the Kizh Nation stated theydo not believe a good faith effort was completed forthe Project, with specific concerns regarding "appropriate tribal representation, particularly concerning tribes with ancestral connections to the project location." On September 26, 2024 the City replied with an email stating that the City has been consulting with three culturally affiliated tribes on this Project using the process dictated by state laws AB 52 and SIB 18 since May 2, 2024. During this process, information from the other consulting tribes, including presence of a TCR, had been provided to the City. Based on consultation, the City has determined that tribal monitoring is necessary; however, the City cannot exclude the tribes who have provided information on TCRs and participated in consultation from monitoring. Therefore, the City did not accept the suggested edits to the mitigation measure language. The City concluded consultation on September 26, 2024. The Gabrielino Tongva Indians of California responded via email on May 29, 2024 and requested a copy of the cultural resources report. The report was provided on July 22, 2024. On August 7, 2024, the Tribe requested a monitor during all ground disturbing activities. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024. The Tribe responded on August 16, 2024 with a request for a rotating staffing schedule to be implemented during construction monitoring, which the City included as an option in the proposed mitigation measures. The City concluded consultation on August 24 September 4, 2024. On June 26, 2024, the Juaneno Band of Mission Indians Acjachemen Nation - Belardes responded via email requesting consultation and a copy of the cultural resources report. The Tribe's preliminary recommendation was for all ground disturbance to be monitored by a representative of the Tribe. The City provided the cultural resources report on August 2, 2024. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024. The City concluded consultation on Auger 21 September 4, 2024. Clarifications to the Draft IS/MND 4-2 October 2024 10th and Flower Street Park Project 2023-145