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Improper Reliance on Public Comments Instead of AB 52 Consultation—PRC §21082.3 • PRC §21082.3(d)requires that when an EIR identifies a Tribal Cultural Resource,the lead agency must document and consider the results of consultation,including whether agreed-upon mitigation measures can avoid or reduce impacts. The statute clearly distinguishes AB 52 consultation from general public comment. • Public comments are not a substitute for consultation and cannot override tribe-specific mitigation measures. By incorporating Juaneno Band comments,the City ignored its duty to reflect Kizh Nation consultation outcomes in the Final EIR. Lack of Substantial Evidence to Support Mitigation (PRC§21074 and§21082.2) • CEQA requires decisions to be supported by substantial evidence (PRC §21082.2). AB 52 defines "Tribal Cultural Resources"under PRC §21074,emphasizing that significance must be based on the cultural and historical knowledge of traditionally affiliated tribes. o The Juaneno Band did not provide substantial evidence demonstrating historical or genealogical connection to Santa Ana. o The City's reliance on this unsupported public comment violates CEQA's substantial evidence standard. Pattern of Late Responses and Neglect by Joyce Perry It has become evident through repeated projects that Joyce Perry consistently provides late responses or neglects to engage in timely consultation as required by AB 52. This pattern of delay and neglect appears to occur because: • This individual cannot provide substantial evidence demonstrating cultural affiliation or direct lineal connection to the geographic area or project site. • She uses late-stage public comments to attempt to insert herself into projects after consultation deadlines have passed,thereby avoiding the rigorous requirements of AB 52. This behavior not only violates PRC §21080.3.1(b) (timely initiation of consultation)but also undermines the integrity of CEQA by circumventing the very process intended to protect Tribal Cultural Resources. Misrepresentation and Mishandling of Tribal Mitigation Measures (PRC §21080.3.2 and CEQA Guidelines §15126.4) • Under PRC §21080.3.2(b),lead agencies must consult with each tribe separately, and mitigation measures developed during consultation are tribe-specific and cannot be shared or combined with other groups. Andrew Salas,Chairman Nadine Salas,Vice-Chairman Dr.Christina Swindall Martinez,Secretary Mike Jesus Lemos,Treasurer I Samantha Lemos,Treasurer II Richard Gradias,Chairman of the council of Elders PO box 393 Covina,CA 91723 www.,gakrie)enoindians.or� admin ftabrielenoindians.org