Attachment A
Resolution No. 2025-71
20-19
20-20
20-21
20-22
20-23
20-24
20-25
20-26
20-27
20-28
20-29
20-30
20-31
20-32
20-33
20-34
20-35
20-36
20-37
20-38
20-39
20-40
20-41
20-42
20-43
20-44
20-45
20-46
20-47
20-48
20-49
20-50
20-51
20-52
20-53
20-54
EXHIBIT “E”
TRIBAL CONSULTATION TIMELINE
Snug Harbor Surf Park Tribal Consultation Timeline
June 2024 – City contacts the Native American Heritage Commission (NAHC) requesting a Sacred Lands File (SLF) records search and list of tribes to reach out to for SB 18 purposes.
June 18, 2024 – The NAHC responds with a consultation list of tribes with traditional lands or cultural places located in the Project . The letter states that the result of the Sacred Lands File (SLF) check was Positive and to contact the Gabrieleno/Tongva San Gabriel Band of Mission Indians for more information.
September 19, 2024 – Commence Tribal outreach process. The City has a completed Project application and the City sends all the tribes on its AB 52 list and those identified by the NAHC letters describing the Project and inviting tribes to request consultation per AB 52 / SB 18.
September 25, 2024 – The Gabrieleno Band of Mission Indians – Kizh Nation sends a letter in response stating that the Project location is within their Ancestral Tribal Territory; and the Tribal Government requests to schedule a consultation to discuss the Project and the surrounding location in further detail.
October 14, 2024 – The City responds to the Gabrieleno Band of Mission Indians – Kizh Nation request for consultation via email and sets a meeting for November 5, 2024 at 1:00 p.m.
November 4, 2024 – The City receives an email from the Gabrieleno Band of Mission Indians – Kizh Nation rescheduling the November 5, 2024, meeting due to Chairman illness, and states that the Tribal Chairman is unavailable for the rest of November. The City responds to email and agrees to an email consultation due to tribe unavailability and requests tribe to forward tribal information regarding the Project location or site.
January 9, 2025 – City emails Gabrieleno Band of Mission Indians – Kizh Nation follow up and requests tribal information and preferred mitigation. The tribe responded by providing their standard mitigation measures.
January 17, 2025 – City emails Gabrieleno Band of Mission Indians – Kizh Nation and accepts their recommended mitigation measures and closes consultation.
February 3, 2025 – Email received from Gabrielino Tongva Indians of C alifornia, forwarding an sent email sent on September 26, 2024 (that was not previously received by the City) requesting consultation.
February 18, 2025 – City has a consultation call with the Gabrielino Tongva Indians of California who assert ancestral ties to the Newport Beach and back bay area and the City requested that the tribe provide substantial evidence to meet AB 52 / SB 18 and CEQA criteria.
February 21, 2025 - City emails Gabrielino Tongva Indians of C alifornia proposed mitigation providing for consulting tribes to monitor excavation of native soils onsite. The Gabrielino Tongva
Indians of California agrees to proposed mitigation and provides substantial evidence of the Tongva Village site of Genga by Newport Bay and related tribal resources.
February 24, 2025 – City emails Gabrielino Tongva Indians of C alifornia acknowledges their agreement on the proposed mitigation measures for monitoring and closing consultation with the tribe.
May 16, 2025 – City emails the Gabrieleno Band of Mission Indians – Kizh Nation providing notification that as the Lead Agency, the City has modified the mitigation measures previously provided by the Kizh Nation in response to a request for consultation from another California Native American Tribe that is recognized by NAHC and eligible to engage in consultation for purposes of SB 18 and AB 52.
The Gabrieleno Band of Mission Indians – Kizh Nation responded to the City’s email stating their objection and stating that determination of tribal ancestry is based on substantial evidence of traditional and cultural affiliation to the land in question and states that the Tongva have no direct historical, ancestral, or cultural ties to the Newport Beach.
June 4, 2025 – The City sends a response letter to Gabrieleno Band of Mission Indians – Kizh Nation responding to their objection stating that the Gabrielino Tongva Indians of California tribe provided the City with substantial evidence identifying that the Project area is within their Ancestral Tribal Territory. The SLF search completed for the Project by the NAHC resulted in a positive finding that the site is within traditional lands or cultural places for the Gabrieleno/Tongva San Gabriel Band of Mission Indians. As recently as 2023, the NAHC identified the Gabrielino Tongva Indians of California as a Native American Tribe that is traditionally or culturally affiliated with Orange County and the Project area.
Therefore, in response to the findings of the SLF search and SB 18 and AB 52 consultation processes, which identify that more than one tribe may have resources within the Project area, the City as Lead Agency has determined that the mitigation measures that are modified from those provided previously by Kizh Nation shall be applicable to the Project. The letter further states that the City understands that the Kizh Nation would like to be the sole tribe monitoring the Project ground-disturbing activity. SB 18 and AB 52 simply prevent the City from feasibly reaching that conclusion given the information provided by the NAHC and the subs tantial evidence presented by Gabrielino Tongva Indians of California regarding that tribe’s traditional and cultural affiliation to the Project site.
June 5, 2025 – City receives objection letter from the Gabrieleno Band of Mission Indians – Kizh Nation objecting to the response to the previous objection. The letter states that the City’s recent unilateral actions to revise and dilute the agreed-upon significant mitigation measures constitute multiple legal violations under AB 52, SB 18, and CEQA. The letter states that i t is not legally permissible to alter mitigation protocols in response to late letters from unrelated entities that offer no verifiable archaeological, historical, or ethnographic evidence of ancestral affiliation. The letter further states that The City’s consideration of outside entities that have not been historically tied to the area is in violation of this statute.
June 23, 2025 – The City attorney sends a letter to the Gabrieleno Band of Mission Indians – Kizh Nation responding to the June 5 letter received stating that the City disputes allegations that the City is in violation of AB 52 and SB 18 and reiterates that the Kizh Nation is able to monitor ground disturbance and consult regarding any resources are discovered. The letter details the City’s compliance with AB 52, SB 18, and the recent Koi Nation Decision.
September 3, 2025 – City receives an email from the Chairman of the Kizh Nation to City following up on June 5 correspondence stating that they have not received a response. The letter objects to any changes to the mitigation measures the tribe provided and stating that the changes are a violation of AB 52 and the tribe will request avoidance and oppose the Project.
September 4, 2025 – The City responds to the Gabrieleno Band of Mission Indians – Kizh Nation email from September 3 and re-sends the City’s letter from June 23, 2025.
September 23, 2025 – City representative for Project calls tribe Chairman to discuss a potential monitoring agreement for the Project.