CC_01272026_Exhibit_3_10b — Glendale City Council, January 27, 2026

GABRIELE ÑO BAND OF MISSION INDIANS – KIZH
NATION
California State Recognized Aboriginal Tribe of the Los Angeles Basin (Historically known as the Gabriele ño Tribal Council - San Gabriel Band of Mission Indians)

GABRIELENO BAND OF MISSION INDIANS – KIZH NATION - PROPOSED TCR MITIGATION MEASURES Central Avenue Mixed-Used Project
TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities

A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground- disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial)

A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered CC_01272026_Exhibit 3 - Tribal mitigation Measures Gabrieleno Band of Indians - Kizh Nation (dated July 28 2025)

TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

PLEASE NOTE THE FOLLOWING:

Any/all revisions to the Kizh’s proposed TCR mitigations set forth above must be requested in writing, and not more than ten (30) calendar days from the date that we consulted on the subject Project so that we can conclude consultation. Requested revisions shall be delivered to the Kizh via email at [email protected], and in a Word document, redline format. Please include as the email subject: “REQUEST FOR MITIGATION REVISIONS,” and identify the project name and location/address. If revisions are not requested within 10 calendar days of consultation, the Kizh’s proposed mitigations are presumed accepted as proposed (i.e., as set forth above). The laws preserving the confidentiality of Native

The laws preserving the confidentiality of Native
American documents and records prohibits the inclusion of any information about the location of Native American artifacts, sites, sacred lands, or any other information that is exempt from public disclosure pursuant to the Public Records Act. (Cal. Code Regs. § 15120(d) Rocklin (2011) 197 Cal.App.4th 200, at p. 220. Please be advised that these protective mitigation measures are property of the KIZH Nation Tribal

government and no other entity or Tribal government nor should they be utilized for any other Tribal government or entity and are protected under the AB52 confidentiality act

Thank you for your anticipated cooperation.

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.gabrielenoindians.org [email protected]

GABRIELEÑO BAND OF MISSION INDIANS - KIZH NATION
Historically known as The San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the Los Angeles basin

Legal Thresholds for “Substantial Evidence” in Tribal Consultation

RE: CEQA and AB 52 Tribal Consultation

Attn: Lead Agency Representative

This letter is submitted by the Gabrieleño Band of Mission Indians – Kizh Nation to clarify the legal definition and threshold of “substantial evidence” as required under the California Environmental Quality Act (CEQA) and Assembly Bill 52 (AB 52). These statutes govern how Tribes are determined to be eligible for consultation and involvement in cultural resource protection.

I. Legal Definition of “Substantial Evidence”
Pursuant to CEQA Guidelines § 15384(a):
“Enough relevant information and reasonable inferences from that information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.”
In practical terms, “substantial evidence” is fact-based, documented proof, and not merely opinion or unverified narrative. Lead agencies are required to rely on this standard when determining which tribes have legal standing in consultation, mitigation, monitoring, and repatriation processes under CEQA and AB 52.

Valid examples of substantial evidence include:
• Archaeological records
• Historical documentation
• Spanish/Mexican land grant records and mission-era maps • Genealogical data showing ancestral ties to the area
• Oral histories (when supported by documentation)
• Expert reports or peer-reviewed scholarly assessments

II. What Does Not Qualify as Substantial Evidence?
The intent of CEQA and AB 52 is not to create symbolic inclusivity, but to ensure that only those tribes with documented, lineal, cultural, or ancestral affiliation to a project area are consulted. The law is clear:
participation must be based on fact-based documentation, not preference, emotion, or assumption.

According to CEQA Guidelines § 15384:
“Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.”
Conversely, § 15384(b) states:
“Argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence that is not credible shall not constitute substantial evidence.”
Invalid examples include:

1. Unsubstantiated Opinions – Generalized claims such as “we feel connected to this area” without accompanying documentation.

2. Speculative Assertions – Guesswork or assumptions without factual or historical support.

3. Form Letters or Equity-Based Requests – Requests made “in the spirit of respect” or for equitable inclusion with no specific tie to the site.

4. NAHC List Status Alone – Being listed on the NAHC Consultation Contact List does not establish cultural affiliation or descent. The NAHC has clarified this list is strictly for contact purposes.

5. Unverified or Fabricated Sources – Misrepresented or plagiarized documents, or third-party claims made without evidence.

Allowing participation based on such unsupported assertions undermines the legal foundation of CEQA, violates the rights of lineal descendant tribes, and puts the lead agency at legal risk.

III. Legal Precedent: Koi Nation v. City of Clearlake (2020) This pivotal court case illustrates the legal requirement to honor substantial evidence. The Koi Nation provided maps, Tribal records, and historical evidence of its ancestral ties to a project site in Clearlake.

The City dismissed the evidence and issued a Mitigated Negative Declaration (MND) instead of conducting full consultation.

The California Court of Appeal ruled in favor of the Koi Nation, concluding that:
• The Tribe met the substantial evidence standard, triggering the requirement for full CEQA review;
• The city violated CEQA by dismissing the evidence and failing to conduct proper consultation;

• The presence of substantial evidence that cultural resources may be affected required the preparation of an EIR.

Lead agencies are legally obligated to consult and coordinate with tribes that present documented, fact- based evidence of cultural affiliation to a project area. This case confirms that agencies may not substitute convenience, preference, or assumptions in place of the legal requirement to engage Tribes who provide substantial evidence of ancestral connection.

IV. Why This Matters
Pursuant to AB 52 and CEQA, consultation must be based on “substantial evidence” demonstrating a tribe’s cultural or ancestral affiliation to the specific project area. Failure to apply the substantial evidence standard results in:
• Invalidation of tribal consultation efforts
• Potential CEQA litigation and project delays
• Legal and ethical harm to culturally affiliated tribes • Risk of project rejection or reversal

V. The Position of the Kizh Nation
The Gabrieleño Band of Mission Indians – Kizh Nation maintains and submits substantial archaeological, historical, genealogical, and cultural evidence of our ancestral presence in the Greater Los Angeles Basin and associated project areas. This documented affiliation compels our inclusion in all stages of consultation, monitoring, and cultural resource treatment.

We respectfully urge your agency to uphold CEQA and AB 52’s legal standards and to reject unsupported claims that seek involvement based on speculative or generalized assertions. Inclusion in tribal consultation is a legal matter—not a discretionary one.

Should your agency require further documentation, expert testimony, or legal case references to support this position, we are available to provide additional materials upon request.

Respectfully,

Hereditary Chief Andrew Salas
Gabrieleño Band of Mission Indians–Kizh Nation

GABRIELEÑO BAND OF MISSION INDIANS - KIZH NATION
Historically known as The San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the Los Angeles basin

Friday, August 29, 2025
Dennis Joe
Principal Planner
Community Development
City of Glendale
633 E. Broadway, Roo 103, Glendale, CA 91206
[email protected]

Dear Dennis Joe,
Please find below the substantial evidence submitted by the Gabrieleño Band of Mission Indians – Kizh Nation in relation to your project. This documentation fulfills the legal requirement under the California Environmental Quality Act (CEQA) and Assembly Bill 130 to establish our Tribe’s cultural and ancestral affiliation to the project area
The City of Glendale lies within the ancestral territory of the Gabrieleno Band of Mission Indians – Kizh Nation, the first peoples of the Los Angeles Basin. For thousands of years before European contact, the Kizh Nation inhabited and stewarded this land, establishing permanent villages, seasonal camps, and trade routes across the interconnected valleys, rivers, and mountain foothills that surround present-day Glendale. The Kizh are lineal descendants of the original inhabitants of this region, documented extensively through oral tradition, Spanish mission records, and anthropological sources.

Village Life and Natural Resources
The project area historically supported villages and resource-gathering areas due to its proximity to the Los Angeles River, Verdugo Wash, and natural springs throughout the Verdugo Mountains. These waterways provided fresh drinking water, fish, and habitat for waterfowl, while surrounding oak woodlands and chaparral furnished acorns, seeds, berries, deer, and other game central to the Kizh subsistence system. Plant materials such as tule, willow, and yucca were used for housing, baskets, cordage, and ceremonial items. The abundance of these resources allowed for stable, year-round habitation and strong inter-village networks.

Spanish Period History
With the arrival of the Spanish in the late 18th century, the Glendale region was absorbed into the mission system under Mission San Gabriel Arcángel (established in 1771). Kizh people from this area were forcibly removed from their villages and baptized into the mission, where they endured cultural disruption, disease, and labor exploitation.

Following secularization, the land became part of Rancho San Rafael, one of the earliest Spanish/Mexican land grants in the area, which encompassed much of modern Glendale, Burbank, and Eagle Rock.

Archaeological Resources
Archaeological investigations in and around Glendale have identified sites containing lithic scatters, ground stone tools, bedrock mortars, and habitation features reflecting long-term Kizh occupation. Burial sites have also been documented, demonstrating the sacred and ceremonial connection of the Tribe to this landscape. These findings, along with ethnohistoric documentation, confirm Glendale as part of the cultural landscape of the Gabrieleno/Kizh Nation.

Significance and Need for Protection
Given the depth of Indigenous history in Glendale and the likelihood of encountering tribal cultural resources during ground disturbance, it is critical that protective measures be in place. The presence of a Native American monitor from the Gabrieleno Band of Mission Indians – Kizh Nation is necessary to ensure the protection of ancestral remains, cultural materials, and sacred landscapes that may be uncovered. Tribal monitors provide not only compliance with CEQA/AB52 requirements but also the cultural an d historical expertise needed to safeguard these irreplaceable resources.

AB130 Consultation and Mitigation Measures
Given the substantial evidence provided and the high sensitivity of these areas, Chairman Salas formally requests that the City of Glendale implement our Tribe’s specific mitigation measures to ensure the protection and preservation of any cultural resources that may be discovered during ground disturbances. These measures have been carefully developed to uphold the integrity of our sacred sites and to ensure compliance with AB 130 consultation requirements. They are specific to our Tribe, reflecting our unique historical, cultural, and ancestral ties to these lands.

We respectfully request confirmation of receipt of this letter and a timely response outlining the implementation of our proposed mitigation measures. We look forward to collaborating with the City of Glendale to ensure the responsible stewardship of these culturally significant areas.

Respectfully,

Hereditary Chief Andrew Salas
Gabrieleño Band of Mission Indians–Kizh Nation

Glendale City CouncilJanuary 27, 2026

Glendale City Council
January 27, 2026