Regular Council Meeting October 31, 2015 Minutes

Call to Order: 9:15 a.m. Roll Call: Approval of Agenda: Changes to agenda were: before Cover California will be Kier Johnson of Inter-Tribal Agriculture Council; Item #41 ICWA Ordinance (defining “Indian child”) added to Consent Calendar; add Wells Fargo after Budgets; agenized Item #36 Attorney Marston’s bill; add two ordinances to Chairman’s Report; add Terry Irvine after Wells Fargo; add personnel issue under closed session. CH/CW, motion to approve the agenda with changes, 9 Yes, 0 No, 0 Abstain, 0 Absent. Special Order of Business: Kier Johnson, Inter-Tribal Agriculture Council ITAC is nation’s primary intermediary between USDA and federally-recognized Tribes since 1987 and is a membership organization. Write federal farm bill policy. Huge emphasis on working with youth such as programs to work with youth. Works primarily w/native producers. He works to increase awareness of tribal needs within natural resources and conservation. Environmental Quality Incentive Programs helps to boost conservation work. Rural development relates to rural communities infrastructure, can provide up to 75% support and be used for furniture, buildings, community gardens. Some tribes are aquaponics. A lot of us work with food sovereignty, posing the question if tribes can feed themselves. Can Ag support your community if food cannot be supplied to the reservation. Youth Essay contest for kids interested in agriculture will have a program in Vegas in December. Working with the University of Arkansas on native foods. Tribes need to establish food policies and put procedures in place. Listening sessions will in the next 3-6 months. He will work through Matt Leivas of our Ag Dept. if anyone needs more information. Board Committee/Appointments: Applicants for each board/committee with openings were listed on a sheet and Council was asked to check off their selections. Tito mentioned a conflict between a current HLR Board Member and an applicant. Discussion spouse as to what a “spousal relationship” was ensued but no definitive solution was arrived at. Budgets - Joy Firquain, CFO Joy presented Item #2, budgets that are being presented for approval. Only the Housing Department budgeted increases. It was consensus to put the budgets on hold so that the possibility of increases could be researched. Joy stated that Head Start needs to submit their budget on Monday and so proposed that at least that budget be approved. CH/JL, motion to adopt a resolution to approve Head Start’s 2016 budget, 9 Yes, 0 No, 0 Abstain, 0 Absent. Item #5 Budgets for Posting Nuwuvi Park: Sierra stated that Nuwuvi Park looks no better than it would if he had no caretaker, then suggested that the Election Board be given training. June stated that they had asked for training but

told them that Les could provide training here and that Dusti was supposed to ask the Board and get back. Tito stated that Nuwuvi Park is a mess and asked for a copy of the original signed contract between Realty and the Caretaker. He also expressed concern that the Contractor, who is also an employee of the Casino, is using the Casino work truck as a personal vehicle. CW, motion to adopt a resolution to approve the Nuwuvi Park budget, died for lack of a second. Social Services - JL/GL, motion to adopt a resolution to adopt the Social Services budget as presented, 9 Yes, 0 No, 0 Abstain, 0 Absent. CH/TS, motion to approve a resolution to approve 115 and 110, 9 Yes, 0 No, 0 Abstain, 0 Absent. Wells Fargo Charles explained that because Pacific Premier Bank did not offer full FDIC insurance on our bank accounts with them that we had to find another bank that would. Wells Fargo had come to speak with Executive Committee and offered good coverage. Joy stated that the Tribe would need a resolution to proceed and that she needs Council’s personal identification information from the Council. TS/GL, motion to adopt a resolution to change accounts to Wells Fargo, 8 Yes, 0 No, 1 Abstain (BO), 0 Absent. It was a consensus to leave the Water Department account with Pacific Premier. Sierra Pencille asked about the Minor Trust Account statements and was told that they are sent to the Enrollment Clerk quarterly. Terry Irbine Allocation of federal electric power. Tribal Power Exchange, is scheduling a hard hat tour of Hoover Dam for Tribe. Possibility of another grant for funding of clean energy on a small scale. 1,397kw of capacity from Hoover Dam and 3,049 mega-watt hours of energy per year for fifty years. Some of the other Tribes are looking at offers to monetize this. These are just estimates and verbal offers but one is from (Southern California) Edison, who provides your service, you can get $75,000 in benefit credit in that you don’t take the power but you are compensated by them to distribute it elsewhere. The other benefit credit is with the Navajo Tribal Utility Authority and that’s for about $10,000/year. Then, there is our project, the one Chemehuevi is engaged in, to pursue the Tribal Power Exchange, which is called the Bill Crediting Arrangement and expected to yield over $300,000/year. It requires active management which is why we applied for a grant to build the infrastructure. The TPE is going to yield a lot more money but I want you to see what other Tribes are looking at, which are competing with your project. Kelly Irbine has been attending some of the meetings hosted by Western Area Power Administration (WAPA). They are having contract negotiation type meetings right now with mainly current contractors, including Edison, LA Department of Water &Power, and a lot of big customers who have been getting Hoover power for a long time. New customers are allowed to participate but not knowing what these contracts have been like in the past, we really don’t know what to advocate for. They have also been having some meetings just for Tribes and we have been attending. These summarize some of the contract negotiation points and cover bill crediting, benefit crediting and what to do to get ready to receive power. The first step is getting the power contracted so the Tribe will be asked to sign a contract with WAPA to receive Hoover Power. The next revision is to be out in November sometime. At that point, you might consider having your Tribal Attorney take an initial look at it. They may be two more revised contracts and the final, they estimate, will be ready in May. They

will then expect a signed contract from Council. With all signed, we should begin receiving power in October of 2017. Matt: If we have mega-development, can we allocate more or are we locked in? Terry: You cannot get more than your allocation from Hoover. This is based on today’s need and if it goes up, the amount stays the same for fifty years but could be met by wholesale purchases through the exchange. Tito: Can we extend with Edison if we need to? Terry: You are locked in with WAPA for fifty years but you can get power from other members. Butch: Doesn’t the water flow affect the allocation? Terry: I don’t think the water level will go lower than it is but through the exchange, you can purchase from others. That is a federal right that comes with your allocation. The Tribal Power Exchange was formed from the realization that we needed to do something more than just the 1,397kw because of the questions that have been raised already and because the Dam is susceptible to hydrology of diminishing capacity. That requires markets of buying and selling energy. Each Tribe is too small to participate because those markets are comprised of players that buy large amounts. However, if we aggregate several Tribes and also take advantage of their different locations in California, we can act as one unit and purchase 10,000mw and then divide it between us. This gives us access to wholesale markets. Mr. Marston is familiar with joint powers authorities laws in California, which give you a right to form an org that you govern but you govern with the other Tribes like a corporation. You form a board that decides how that company operates and you share the benefits of that operation. We have initiated the steps to form the JPA with Chemehuevi as a foundation member and other tribes being recruited. I believe you have addressed or about to address a motion to form a dept. of energy within the tribe and that department would be the interface between the Tribe and this JPA. For the time being, it will be run from this Tribal administration because you were the grant recipients. Steven has written a chairman’s letter to announce the funding mechanism from the BIA to pay for this and reaching out to the other Tribes. The founding members are Chemehuevi, Viejas, and 29 Palms Band of Mission Indians. TorresMartinez is a question mark because we just recently received a call from them. They have been directed to talk to Mr. Escobar and Mr. Marston. The next step is to develop a website so others will know of the function of the operation. We will hold a kick-off summit here and Mr. Escobar will work on that. Sometime in the summer of 2015, Steven Escobar, Mr. Cox and Mr. Marston with my help submitted a grant application to the BIA for Tribal Energy Development Capacity. We asked for $164,000 to fund the development of the Joint Powers Authority and were among ten other Tribes that were successful. Steven is the administrator of the grant. Some of this money can be used for such things as education and the website. In the application, we created two positions: an internship to learn about energy markets (could be young Tribal Member who does not necessarily have the education but has the interest); and a Preceptor who would be a more mature member of the Tribe who has a little interest and background in this area. We submitted job descriptions so Tribal Members can apply and they can be modified as you need. Steven is working on the timeline. At this kick-off summit, we can schedule a hard-hat visit to the Dam. A representative from WAPA will be here, so he can hear of the needs of the member Tribes. There is another grant, a clean energy grant, for Tribal applications but it is small. Approval of Minutes: CH/CW, to approve minutes with corrections, 9 Yes, 0 No, 0 Abstain, 0 Absent.

Consent Calendar: CH/CW, motion to approve without Item #36 Les Marston’s invoice, 9 Yes, 0 No, 0 Abstain, 0 Absent. Conkie: It may be a typo but I want to ask about Les Marston’s billing half of the labor relations ordinances to Chicken Ranch but not on all of them and did the same on IGRA. Also, someone from Council contacted Les to ask if Koston’s remaining on the Gaming Commission constituted a conflict and he said no; however on page 19, Dehnert was advised by Les to remove Koston’s name from the approval of the assignment agreement for the H20 Project. That makes me wonder if it is a conflict. Charles: If I remember correctly, the request for removal of his name was not specifically for Koston but that there was no required signature from the Gaming Commission. CW/GL, motion to approve Item #36, 7 Yes, 2 No (CH, JL), 0 Abstain, 0 Absent. Appeals to Council: None. Petitions and Communications: None. Unfinished Business: None. Staff Recommendations: Housing: Lorrie Ellsworth Council approval is required on Item #22, conveyance of title to Albert Ponce. CW: I understand that Albert no longer lives there. Lorrie: He paid it off early. TS/JL, motion to approve the conveyance, Yes, 0 No, 2 Abstain (CH, BO), 0 Absent. Item #23 Conveyance for Lawrence Macias. CH/JL, motion to adopt a resolution to convey the home to Lawrence Macias, 9 Yes, 0 No, 0 Abstain, 0 Absent. Charles asked if the Community Center’s walls had been repainted. Lorrie: No, but Maintenance plans to do that in the next few weeks. Conkie: Steven asked for an accounting of the community center’s cash but it was not in the report. Charles: This is the third month that it was mentioned, so please provide a breakdown of the money that came in for the snack bar, fundraisers, etc. Steven: Not just for Lorrie but a lot of actions are taken and there is no follow-through. We need to start following-up on them. Lorrie stated that it was hard to sell snacks when the staff is providing lunches. Also, she stated that the fences at Unity Park were being broken by kids and that lets the burros in to leave their droppings everywhere, and the softball field needs work but their priority is to take care of the housing that they have. Resort Report - written. Matt: I have concerns with the General Manager not knowing what the boundaries for the H20 project are. Also, I have a concern about drainage. We will have to work with the responsible entities to create a diversion. Charles: In the design, that part will be raised.

John Perez: When is the road going to be worked on? Glenn: That was a temporary fix but drainage will be addressed. In the meanwhile, the water will be pumped out. Debbie Casanova: Can we reprioritize? Matt: As Glenn said, we have the equipment to do it. Casino Report - written. Glenn: What time is the Halloween Party tonight? Jacqueline Gordon: Ten o’clock. Education - Dusti Bacon. Three students qualified for a monetary award. GL/ML, motion to approve monetary award for these students, 9 Yes, 0 No, 0 Abstain, 0 Absent. Committees/Boards: Votes were tabulated and the following persons were selected: Health Board: Gia Brooks Gaming Commission: A tie HLR Board: Gjrjle Dunlap, Arlene Escobar, John Perez Sr. Housing Board: David Jaramillo, Brittney Vondriska, Kenneth Wilson, and Raymond Mejia. Enrollment Committee: Anna Drum-Lynch, Ron Escobar, Rene Perez, Vela White. A re-vote was taken and John Lucky De Villa was appointed to the Gaming Commission by a vote of 7 to 2. New Business: None. Staff Recommendations: In your council pack is a resume of Marc J. Piero, a water attorney who has not approached us. Tribal Members have been entertaining and discussing the lease of the entire south end but not with Council. The group they are talking with approached us before and long ago but nothing came of it. Matt put this on the agenda. Matt: We had a phone conversation with that corporation and I explained the history of the Tribe and the issues we have and that water issues were my main concern. I don’t know what happened with Barona, presumably we are still holding that money. Les had negotiated to lease 8,000 sf., I don’t know where that came from since we were talking about 5,000 sf. The corporation thinks we can get more water based on our land base. I did not discuss much with them, least of all leasing the entire south end where there are cultural resources and endangered species. Tito: What is the group’s financial status? If they are the same group, they really don’t have the money, they have to go out and find it. Anybody can do that. Charles: The last time they came, they wouldn’t divulge anything. I have no idea what this attorney wants. Sierra Pencille: Item #34 - Basically describes the duties of the Secretaries of boards/committees. Some get the extra stipend and others do not. I would like to make a motion that we allow all secretaries of boards/committees the extra stipend. SP/CH, motion to allow all board/committee secretaries to receive the additional stipend with the stipulation that they submit to the Tribal Secretary-Treasurer their approved minutes by Council deadline, 2 Yes, 5 No (TS, BO, CH, SE, JL, GL, CW), 0 Abstain, 0 Absent. Charles stated that his reason for voting no was that we seemed stuck with the motion as stated.

JL/SP, motion to pay all board/committee secretaries an additional stipend assuming they turn in approved minutes, 8 Yes, 1 No (TS), 0 Abstain, 0 Absent. Sierra then presented Item #39, Board Member Certification, which delineates for newly appointed members to boards/committees their responsibilities. SP/SE, motion to adopt resolution to have board/committee members certified and to have all originals kept by the Secretary-Treasurer, 9 Yes, 0 No, 0 Abstain, 0 Absent. Chairman’s Report • Regarding Barstow, Les is reviewing the term sheets and working with San Manuel. • Told a Barstow citizen by the name of Richard Harpole that CIT is not being given an equal chance in Barstow. He will try to get us a meeting with them. • Joseph Brady, a real estate agent in California handled all the acquisitions for BarWest but no longer has faith in them, invited us into the Spanish Trails project. • Spoke at New Yorker Club in Lake Havasu City. They are avid gamblers who love our Casino and want to see a poker room. • Regarding the Sheriff, still at issue is Section 36. • Almost every Tribe that has been growing marijuana has been busted. • Several discrepancies in our policies, such as the ones Sierra just pointed out, have come to my attention and I am reviewing some of them. • We had a public hearing yesterday on the new Casino, no one came and no one submitted comments. There are no significant impacts to the community. • The BIA and the Bureau of Reclamation are questioning our water usage. • The GRID Alternatives funding is going. Can we house twenty college students to continue the work and pay nothing in return? It was the consensus to go ahead. • An ordinance that authorizes the Tribe to create corporation was lost, so Les wrote a resolution for ratification of past enactments and a new chapter to be added to the Tribal Code called “Governmental Corporations”. GL/JL, motion to enact ordinance adopting a new chapter to the governmental code entitled “Government Corporations”. • Per capita will be on November 20 and 21. • Jacqueline Gordon mentioned the parking lot problems across the lake, so the Chairman will address that again. • Changing to Arizona time was a possibility that a few people asked him to consider. ML/SE, motion that the Tribe maintain Arizona time. 7 Yes, 2 No, 0 Abstain, 0 Absent. Vice Chairman’s Report • The dynamic compaction at the new construction site is done, and we completed the GWB documents. • There was only one bid for the Marina Project but that’s okay. They should break ground in January, 2016. • Old Mobile Home Park (OMP) leases are 98% in compliance. • Members want to bring trailers into the subdivision but it was decided long ago not to allow trailers. • Havasu Landing Resort has one eviction in process. • Havasu Palms is looking for an extension on their lease. We had told them of things that needed improvement and so will not re-sign until they are 100% complete. • The Probate Code is still with the BIA.

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Realty requests that Tribal Members provide information on relatives that are buried in our Tribal cemetery. The Compact Steering Committee is pursuing negotiations for a new gaming compact. To minimize our paper waste, we should get every Council Member a laptop or other electronic device. GL/SE, motion to purchase electronic devices for all Council Members.

Matt had three issues: (1) He asked why we are waiting on the unpaid rents in OMP for an unnamed Tribe; (2) stated that Sunrise Park needs improvement; and (3) asked what we could do for the access roads. Shirley Smith stated that the proposals are in the Realty Office. Conkie asked if anyone in Sunrise is in arrears, Glenn said no. Administrator’s Report: • We will be producing the Newsletter in-house with our new copier. • The Wellness Center acquired two new vans. • TANF is still asking for 1994 data and are now looking at unemployment data. • The Culture Garden is going along but we need water for the native plants. The kiosks arrived, and the walking path is 95% complete. • The trainer for the Head Start bus driver will not be available until January. • Cosma Whyte was hired as Head Start Assistant/monitor • The CHR is planning a Veterans’ Recognition Dinner. Comments from the Audience: • Debbie Casanova asked what we are going to do with the old Casino. Charles: We have not had any real discussions on that. She asked if the membership would be involved. Charles: Maybe that’s the path to go. • Ron Escobar asked if we have a date for opening of the walking path. Donner said Jay was planning a grand opening but it is already in use. • Tito Smith stated that the old casino is an asset of the Resort but Council commandeered it, so we should give it back. • Jacqueline Gordon stated that the Casino will no longer cash Tribal checks for minors. • Sierra asked where all the minutes prior to August were because they are not on the website. June stated that it was her fault that they are not and is addressing it. Sierra also stated that there is no link to HLR on the website. • Tiffany Adams asked where we could put up the Constitution for children. June stated that she had included the Constitution in her citizenship classes. Tiffany also wanted to know who was responsible for the roads in the subdivision. Charles: The Tribe is. • Koston stated that he was resigning from the Gaming Commission. Charles responded that since we are in the Comments section of the meeting Council could not accept in at the moment and asked that he submit it in writing. • Mary Drum asked what happened to the Deli and was told that the owner had gone out of business. Council went into closed session and came out at 4:25, at which time the Chairman stated that Council had discussed a personnel issue and given to the Administrator to follow-up on. GL/TS, motion to adjourn, all in favor. Meeting adjourned at 4:26 p.m.

Respectfully submitted,