The City Attorney has issued a response to the Coalition of Retailers addressing their claim that the City Council did not comply with the Brown Act when it struck a Cooperative Agreement with the Tule River Indian Tribe during closed session back in March.

The Coalition, a group of local business owners composed of 20 to 25 members and formed in September, provided the Council with a 30-day window to “cure or correct the challenged action or inform our Coalition of Retailers not to do so.”

In the response, the City specifies its disagreement with the Coalition’s contentions, explaining that the Agreement executed between the City and the Tribe resolved disputes between the two — disputes related to the Tribe’s pending fee-to-trust applications for 40-acres of property located near the Porterville Municipal Airport, wherein the City had considered legal action.

“Consequently, the matter was appropriately discussed and acted upon in closed session. The City did not report the action from the March 16 meeting, nor was it required to, because the Agreement had not yet been approved by the Tribe,” the response reads.

The agreement, according to City Manager John Lollis, was made to establish ground rules for future development, requiring the Tribe to receive written approval from the City before it moved forward with any construction.

“The City’s approach to that was that we would work with the Tribe to work out an agreement that would protect the City’s interests and be consistent with our zoning and be applicable to administrative regulations or plans,” Lollis added.

Also within the City’s response, it was also brought to the Coalition’s attention that their demand was untimely, considering it must have been sent within 90 days of the alleged violation.

“The situation of the Brown Act violation is laughable in itself,” Vice Mayor (and then Mayor) Cameron Hamilton said. “For the reasons that were listed, they should’ve come to us first.”

According to Hamilton, from “out of the rumor mill” of what the tribe might build on the undeveloped land was talk of a gasoline station, which would make the business tax exempt. “Personally, I have a problem with the Coalition of Retailers, it’s a group formulated by businesses that sell gasoline, they’re all for self-promoting and protection, not necessarily to make sure local government is running correctly,” Hamilton said.

A concern relative to any specific development would be premature until there is an actual project to be discussed and an agreement to be formulated, Lollis said.

In previous conversations with The Recorder, Coalition member and owner of “Shop N Save” mini-mart, Taha Saleh, had specified that his interest came as a citizen first and as a business owner second.    

Saleh did not provide a comment, and said he would present the City’s response to the Coalition Council’s attention before commenting on the issue.

Contact Denise Madrid at 784-5000, Ext. 1047 or at dmadrid@portervillerecorder.com.