WEBVTT 00:30.000 --> 00:35.000 One nation under God, indivisible, with liberty and justice for all. 00:40.000 --> 00:41.000 Roll call, please, Linda. 00:41.000 --> 00:42.000 Councilman Glazer? 00:42.000 --> 00:43.000 Yes, ma'am. 00:43.000 --> 00:44.000 Councilmember Long? 00:44.000 --> 00:45.000 Here. 00:45.000 --> 00:46.000 Councilmember Lozee? 00:46.000 --> 00:47.000 Here. 00:47.000 --> 00:48.000 Mayor Potem-Zanzee? 00:48.000 --> 00:49.000 Here. 00:49.000 --> 00:50.000 Mayor Stroud? 00:50.000 --> 00:51.000 Here. 00:51.000 --> 00:54.000 There are some seats up front here if you guys would like to sit down. 00:54.000 --> 00:55.000 Okay. 00:55.000 --> 01:01.000 Before we move on, our city attorney has some words of wisdom for us. 01:01.000 --> 01:05.000 Well, I'm not sure they're words of wisdom, but I have some words. 01:05.000 --> 01:11.360 This afternoon we noticed, I guess I'd call it a typographical error on the closed session 01:11.360 --> 01:14.800 agenda portion of tonight's meeting. 01:14.800 --> 01:22.120 The first closed session item concerns labor negotiations, and the agenda references section 01:22.120 --> 01:29.560 54957.8, and it really should be 54957.6. 01:29.560 --> 01:35.720 And the second two items are both real property negotiations, and your printed agenda says 01:35.720 --> 01:45.320 or references sections 54957.6 for both of those, and the correct section is 54957.8 01:45.320 --> 01:48.480 for both of those. 01:48.480 --> 01:49.480 Thank you. 01:49.480 --> 01:55.200 Moving on, and proclamations. 01:55.200 --> 02:05.280 Tonight I have the honor of reading a proclamation to welcome home the veterans, Vietnam veterans. 02:05.280 --> 02:09.200 A lot of times when we do these proclamations when it has something to do with the veterans, 02:09.200 --> 02:14.720 we usually allow Dean to do it because he's one of our more active veterans on the council. 02:14.720 --> 02:21.120 I'm not a veteran, and I feel tonight I should read this because me not being a veteran, 02:21.120 --> 02:26.840 it's the people of the United States that are honoring the Vietnam veterans. 02:26.840 --> 02:30.960 Dean is a veteran of that era, so he's also honored in this. 02:30.960 --> 02:36.840 This is coming from somebody who really wants to thank the men and women who served so that 02:36.840 --> 02:40.320 we could have the country that we have. 02:40.320 --> 02:46.680 This is a City of Fortuna proclamation in recognition of Welcome Home Vietnam Veterans 02:46.680 --> 02:50.640 Day, March 30th, 2011. 02:50.640 --> 02:58.420 Whereas 2011 marks the 36th anniversary of the end of the American combat troops involvement 02:58.420 --> 03:03.400 in Vietnam conflict, and whereas thousands of brave Americans served our country in this 03:03.400 --> 03:09.460 conflict with courage, honor, and valor, and whereas more than 58,000 individuals made 03:09.460 --> 03:15.640 the ultimate sacrifice in Vietnam, and thousands more were wounded in combat, and whereas families 03:15.640 --> 03:21.660 and friends of thousands of American soldiers must continue to endure the uncertainty concerning 03:21.660 --> 03:30.000 the fate of their loved ones who are remained unaccounted from the Vietnam conflict, whereas 03:30.000 --> 03:36.760 we must never forget the debt we owe these men and women who have loyally served our 03:36.760 --> 03:43.440 nation in battle, and we must remember with honor those who so unselfishly put themselves 03:43.440 --> 03:46.840 in harm's way so that we may live in peace. 03:46.840 --> 03:52.760 And now therefore, be it resolved that I, Doug Strel, the Mayor of the City of Fortuna, 03:52.760 --> 04:00.120 along with the members of the City Council, do hereby proclaim March 30th, 2011 as Welcome 04:00.120 --> 04:06.400 Home Vietnam Veterans Day in the City of Fortuna and encourage every resident to take a moment 04:06.400 --> 04:10.920 this day to remember all the brave veterans of the Vietnam War. 04:10.920 --> 04:21.200 It is never too late to recognize the Southeastern's actions that encourage—oh, can't even read 04:21.200 --> 04:25.640 this, sorry about that—the men and women who answered the call of duty and served our 04:25.640 --> 04:33.240 nations, signed this 21st day, March 2011, at the City of Fortuna, State of California, 04:33.240 --> 04:36.480 and you hear witness there for the Fortuna Seal. 04:36.480 --> 04:39.880 And I believe, John, you're here to accept this. 04:39.880 --> 04:41.880 John Rang? 04:41.880 --> 04:43.880 Yeah. 04:43.880 --> 04:47.880 Thank you. 04:47.880 --> 05:11.200 I'd like to thank the City of Fortuna and the City Council for this recognition for 05:11.200 --> 05:13.560 the Vietnam veterans. 05:13.560 --> 05:20.400 I have one thing, well, a couple things to say, but one, let's not forget our men and 05:20.400 --> 05:22.880 women that are overseas now. 05:22.880 --> 05:27.040 They deserve all the support and help they can get. 05:27.040 --> 05:36.240 And do not forget our MIAs and KIAs that gave their all for our country. 05:36.240 --> 05:37.440 Thank you. 05:37.440 --> 05:38.440 Thank you very much. 05:38.440 --> 05:46.640 Thank you. 05:46.640 --> 05:49.880 Moving along, we have some presentations this evening. 05:49.880 --> 05:55.280 Graduates of the Fortuna Police Department Citizens Academy. 05:55.280 --> 05:56.280 Chief? 05:56.280 --> 06:01.280 You guys want to come up? 06:01.280 --> 06:02.280 Chief? 06:02.280 --> 06:09.240 I want to catch up with you. 06:09.240 --> 06:16.760 We have been very excited about the Citizens Academy, and we've had anywhere between 11 06:16.760 --> 06:23.160 and 15, 16 people come to the class, which entailed one night a week for six weeks. 06:23.160 --> 06:27.640 We covered multiple topics, everything from criminal law to a little bit of first aid, 06:27.640 --> 06:35.160 a field trip to the range, and canine demonstration and demonstration of the different emergency 06:35.160 --> 06:38.960 response services that we have here in Fortuna. 06:38.960 --> 06:42.800 And not everybody could make it tonight, but I would like to recognize the folks that did 06:42.800 --> 06:48.080 come tonight and present them with a little token of our appreciation and a certificate 06:48.080 --> 06:50.320 of completion for that course. 06:50.320 --> 06:57.080 We had some spirited discussions during it, and I think it opened some eyes and it certainly 06:57.080 --> 07:01.360 brought us closer to the folks in the community that we serve. 07:01.360 --> 07:11.400 I'd like to thank you for your attendance in that. 07:11.400 --> 07:19.880 Daniel Coleman, right there. 07:19.880 --> 07:28.160 Tom Harrison. 07:28.160 --> 07:36.200 M. Kasaka. 07:36.200 --> 07:53.160 Mike Pettit. 07:53.160 --> 07:54.160 Shane. 07:54.160 --> 08:03.160 And two more. 08:03.160 --> 08:18.960 Paul Wesley. 08:18.960 --> 08:30.560 John Snowden. 08:30.560 --> 08:46.600 And last but not least, Jessica Garcia. 08:46.600 --> 08:51.840 Thanks again, and if anybody wants to come see us to sign up to want to do some volunteer 08:51.840 --> 08:53.880 work, that's much appreciated. 08:53.880 --> 08:56.520 And if not, we'll see you around the community. 08:56.520 --> 09:03.520 Thank you. 09:26.520 --> 09:47.680 Are you in the next presentation? 09:47.680 --> 09:56.520 Our next presentation is received a phone call from a Lori Arias who wanted to recognize 09:56.520 --> 10:02.760 Officer Charles Elabrick for his assistance with recovery of a grandchild. 10:02.760 --> 10:09.760 And we'd like to have her come up and present the token of appreciation to Officer Elabrick 10:09.760 --> 10:14.080 for his fine work with that. 10:14.080 --> 10:23.760 Thank you, Chief. 10:23.760 --> 10:29.000 I just want to thank Officer Elabrick for the support, all the help in bringing Nevaeh 10:29.000 --> 10:30.000 back home. 10:30.000 --> 10:33.240 She was taken November 13th last year. 10:33.240 --> 10:37.040 Mr. Losey was involved in it, which we thought would take a hundred years. 10:37.040 --> 10:38.520 Blessing she's home. 10:38.520 --> 10:42.200 Without the help of Officer Elabrick, I don't know what we've done. 10:42.200 --> 10:47.280 And I don't know what else I can do, but thank you very much. 10:47.280 --> 10:50.280 You were there night and day, whenever. 10:50.280 --> 10:55.720 I'm just glad we could be there to help you. 10:55.720 --> 11:01.680 Also, one of the acknowledge assistance I got from my office, U.S. Customs, San Francisco, 11:01.680 --> 11:05.480 PD, and the agency all kind of work together. 11:05.480 --> 11:06.480 I'm glad I was involved. 11:06.480 --> 11:09.480 Yeah, but I think you gave 110% in bringing her home. 11:09.480 --> 11:10.480 Thank you very much. 11:10.480 --> 11:11.480 And I appreciate everything. 11:11.480 --> 11:12.480 Thank you. 11:41.480 --> 11:48.000 Next on the agenda is comments from the public. 11:48.000 --> 11:52.480 Members of the public may be heard on any item of interest not on the public meeting 11:52.480 --> 11:53.480 agenda. 11:53.480 --> 11:58.800 Speakers address the council and the board will be limited to three minutes per speaker. 11:58.800 --> 12:02.000 Comments concerning the consent calendar may be heard at this time. 12:02.000 --> 12:10.720 Be advised that by law, the city council and the redevelopment agency board can only deliberate 12:10.720 --> 12:14.000 and take actions on items that are included on the agenda. 12:14.000 --> 12:25.240 So at this time, is anyone that would like to address the council step up to the mic? 12:25.240 --> 12:26.240 My name is Al Dunigan. 12:26.240 --> 12:30.280 I'm here representing the Humboldt Tea Party Patriots. 12:30.280 --> 12:37.120 That's an organization that I'm a member of, currently serve as a member of the board. 12:37.120 --> 12:42.320 During the council meeting in November 15th of last year, our organization presented some 12:42.320 --> 12:46.240 concerns to the city council regarding smart meters. 12:46.240 --> 12:54.880 We had some concerns about the safety and privacy issues and we were sort of disappointed 12:54.880 --> 13:00.800 in the fact that the council elected not to take any kind of action or any kind of stand 13:00.800 --> 13:04.880 against smart meters. 13:04.880 --> 13:09.880 Although a large number of smart meters have been installed already, we think it's still 13:09.880 --> 13:12.320 not too late to take a stand. 13:12.320 --> 13:17.040 Many counties and cities have already taken a stand opposing the installation of smart 13:17.040 --> 13:19.840 meters and the number continues to grow. 13:19.840 --> 13:26.160 The Humboldt Tea Party Patriots has prepared a resolution against the smart meter deployment, 13:26.160 --> 13:42.520 of which I would like to provide a copy to each of you at this time. 13:42.520 --> 13:43.800 Please read it carefully. 13:43.800 --> 13:45.840 Give it your due consideration. 13:45.840 --> 13:50.400 We hope the resolution will help you have a deeper understanding of the privacy and 13:50.400 --> 13:54.280 health concerns that we have for this massive project. 13:54.280 --> 14:00.000 As the new council reconsider the city's position on the smart meter program and delay 14:00.000 --> 14:06.040 the full implementation of the program until the very real public concerns are adequately 14:06.040 --> 14:07.040 addressed. 14:07.040 --> 14:13.680 I'd add that the same resolution was presented to supervisors last Tuesday. 14:13.680 --> 14:16.400 They have elected to take a position on it. 14:16.400 --> 14:24.520 We had an email from Supervisor Jimmy Smith indicating that he was drafting a letter to 14:24.520 --> 14:29.520 the California Public Utilities Commission urging them to hold off until the concerns 14:29.520 --> 14:30.520 are addressed. 14:30.520 --> 14:31.520 Thank you. 14:31.520 --> 14:32.520 Good evening. 14:32.520 --> 14:42.360 I'm here to protest the smart meters. 14:42.360 --> 14:48.160 I'm also a Vietnam veteran, Marine Combat, and tonight we all said the Pledge of Allegiance. 14:48.160 --> 14:53.120 But few people fail to understand that they're pledging allegiance to the Republic, which 14:53.120 --> 15:01.160 is a nation ruled by constitutional law, not a democracy ruled by consensus. 15:01.160 --> 15:02.160 My name is Gene Owens. 15:02.160 --> 15:04.280 I live in Fortuna. 15:04.280 --> 15:06.640 My statement is not entirely aimed at the city council. 15:06.640 --> 15:09.760 It's aimed at the other people in this audience. 15:09.760 --> 15:13.480 When I realized that smart meters are harmful to my health and privacy, I came down here 15:13.480 --> 15:17.640 to Fortuna City Hall to ask my local government for help. 15:17.640 --> 15:21.960 The lady at the front desk said PG&E is an entity unto itself and there's nothing we 15:21.960 --> 15:24.320 can do about it. 15:24.320 --> 15:30.200 Under your police powers in Article 11, Section 9 of the California Constitution, you can 15:30.200 --> 15:34.140 regulate PG&E's activities. 15:34.140 --> 15:37.480 When you remain silent, you give your consent. 15:37.480 --> 15:41.640 When local government interferes with a citizen's right to exercise his unalienable rights, 15:41.640 --> 15:46.520 it is a government tort and a violation of your oath of office to support constitutional 15:46.520 --> 15:48.520 law. 15:48.520 --> 15:55.360 If the city of Fortuna remains silent, they can be sued for civil rights violations. 15:55.360 --> 15:59.640 Article 1, Section 1 of the California Constitution directs that we the people have certain unalienable 15:59.640 --> 16:03.680 rights such as protecting private property or safety and privacy. 16:03.680 --> 16:10.440 Under United States Code, Title 42, Section 1988, Congress has authorized judge to award 16:10.440 --> 16:13.200 attorney's fees to plaintiffs in civil rights cases. 16:13.200 --> 16:17.760 So there's not going to be any problem paying for these cases. 16:17.760 --> 16:23.560 Under the Federal Energy Act Policy Act of 2005, utilities are mandated to offer smart 16:23.560 --> 16:28.280 meters and to install them only upon customer request. 16:28.280 --> 16:33.480 There are citizens in Fortuna who have placed tags on their existing meters telling PG&E 16:33.480 --> 16:35.320 not to install smart meters. 16:35.320 --> 16:40.680 PG&E has taken these tags down, installed smart meters, and placed the tags back. 16:40.680 --> 16:46.960 This is not only outrageous, it's criminal trespass, which is a felony. 16:46.960 --> 16:50.800 People who already have smart meters they do not want can join a class action lawsuit 16:50.800 --> 16:54.720 at kirtlandandpackard.com. 16:54.720 --> 16:58.600 In closing, I would like to say to every city council member, you will receive in the near 16:58.600 --> 17:02.080 future a certified letter from my attorney. 17:02.080 --> 17:04.080 Thank you. 17:04.080 --> 17:18.480 My name is Rebecca Crosby and I'm here to speak out against the smart meters. 17:18.480 --> 17:20.880 I spoke once before. 17:20.880 --> 17:25.760 I understand that you voted to go ahead with the smart meters and some of you said you 17:25.760 --> 17:30.960 didn't even know that much about it, which I think is horrible because this affects our 17:30.960 --> 17:36.800 health, our privacy, and our lives and you should be at least knowledgeable about what 17:36.800 --> 17:40.320 you're voting for. 17:40.320 --> 17:45.320 You were elected by us to represent us and so I would like you to listen to what we're 17:45.320 --> 17:46.680 saying. 17:46.680 --> 17:51.680 I was never concerned about my microwave before, but now it seems I'm going to be in the microwave 17:51.680 --> 17:56.160 because all of these signals are going to be coming from everybody else's houses on 17:56.160 --> 18:01.480 their smart meters, going through my house, picking up my signal, going to the cell site 18:01.480 --> 18:05.200 and I'm going to be in the microwave. 18:05.200 --> 18:09.160 Besides all that, their next step is putting smart meters on your appliances so now we 18:09.160 --> 18:14.360 have more microwave radiation coming from the appliances in our houses, what's going 18:14.360 --> 18:15.360 to be next. 18:15.360 --> 18:21.280 I mean, I just, I can't believe that you wouldn't protect us as was just said, your oath of 18:21.280 --> 18:22.880 office. 18:22.880 --> 18:24.840 This is not partisan. 18:24.840 --> 18:35.760 I have down state senator, majority leader, Democrat, Flory D. Democrat Schaeffer, he 18:35.760 --> 18:43.800 hand delivered to the CPUC to place a moratorium on smart meters, rake heights, until the problem 18:43.800 --> 18:46.680 with technology is resulted. 18:46.680 --> 18:54.440 This was through Texas and San Francisco attorney Dennis Arara calling for a moratorium on San 18:54.440 --> 18:59.520 Francisco and the city of San Francisco requests a statewide moratorium. 18:59.520 --> 19:09.040 There's a moratorium in Scotts Valley, Santa Cruz, Marin County, Fairfax, Rio Del, San 19:09.040 --> 19:11.960 Isomo, San Luis Obispo, Scarborough. 19:11.960 --> 19:18.440 You can look at StopSmartMeters.com and get a lot of information about this. 19:18.440 --> 19:20.120 Please educate yourself. 19:20.120 --> 19:26.160 Please don't turn us into something in a microwave. 19:26.160 --> 19:32.120 There's also a lot of countries that have had these before us that are now trying to 19:32.120 --> 19:33.920 get rid of them and voting against them. 19:33.920 --> 19:37.880 Some of the countries are England and Spain and a lot of others back there. 19:37.880 --> 19:41.360 You'll see that on the website also. 19:41.360 --> 19:42.360 Thank you. 19:42.360 --> 20:01.840 Good evening. 20:01.840 --> 20:02.840 My name is Al Petrovich. 20:02.840 --> 20:03.840 I'm from Rio Del. 20:03.840 --> 20:13.480 I want to share with you that I was there when PG&E gave the presentation to Rio Del. 20:13.480 --> 20:19.360 Four members of PG&E and I understand why Rio Del put a moratorium on it. 20:19.360 --> 20:23.960 PG&E couldn't answer the questions and they haven't done it to this day. 20:23.960 --> 20:24.960 They were asked to come back. 20:24.960 --> 20:26.960 They've never been back. 20:26.960 --> 20:39.200 A lot of it related to the 1996 Telecommunications Act that basically forbid the cities from 20:39.200 --> 20:44.480 considering environmental issues as to their location. 20:44.480 --> 20:50.600 Then in 1998, now this is at the federal level, so the environmental issues are shoved to 20:50.600 --> 20:51.600 the side. 20:51.600 --> 20:58.680 Then in 1998, there's a rider that was added and that rider did the same thing with all 20:58.680 --> 21:02.880 equipment that was to utilize the towers. 21:02.880 --> 21:08.440 So any equipment that utilizes the towers, they could not consider environmental issues. 21:08.440 --> 21:10.760 Now it goes to the state level. 21:10.760 --> 21:17.500 PUC decided to forget about the environmental review. 21:17.500 --> 21:19.840 So the gates are wide open. 21:19.840 --> 21:23.600 Here we are, city and county levels. 21:23.600 --> 21:25.560 Show us your colors. 21:25.560 --> 21:28.760 Do your homework. 21:28.760 --> 21:36.120 And I think that has a lot to do with why Rio Del created a moratorium because they 21:36.120 --> 21:38.920 could see that the gates were wide open. 21:38.920 --> 21:39.980 It's obvious they are. 21:39.980 --> 21:43.400 Do your homework. 21:43.400 --> 21:45.880 How can you do anything else? 21:45.880 --> 21:53.160 How can you not, at this time, stand up for the citizens until everything is worked out? 21:53.160 --> 21:55.800 What's the rush with the smart meters? 21:55.800 --> 21:59.080 Let's see that they're safe first. 21:59.080 --> 22:09.300 So I urge you, at this time, to create a moratorium for TUNA like Rio Del did because it's obvious. 22:09.300 --> 22:11.320 It's obvious why it should be done. 22:11.320 --> 22:12.320 I thank you. 22:12.320 --> 22:31.400 Is there anyone else that would like to address the council? 22:31.400 --> 22:47.160 My name is Bob Payer. 22:47.160 --> 22:48.160 I live in Carlotta. 22:48.160 --> 22:54.280 I didn't come here to speak, but I have something to say. 22:54.280 --> 22:59.760 We're living in a country now where the government is taking over everything. 22:59.760 --> 23:03.200 And if you're not seeing it, you're not looking. 23:03.200 --> 23:10.080 And recently I watched the televised city council meeting here. 23:10.080 --> 23:16.200 And there were three of you who said in reply to the smart meters, oh, it's going to happen 23:16.200 --> 23:17.200 anyway. 23:17.200 --> 23:18.200 Why are we fighting this? 23:18.200 --> 23:20.180 Why are we bothering with this? 23:20.180 --> 23:23.640 If you don't bother with these things, this is a small community. 23:23.640 --> 23:32.720 You don't have to be ruled by socialist governments. 23:32.720 --> 23:37.280 So you can see I'm a little fired up about this. 23:37.280 --> 23:43.280 But the impression I get is no matter what evidence is brought here, there are several 23:43.280 --> 23:47.040 of you who aren't going to pay any attention to it. 23:47.040 --> 23:49.000 And we're going to remember that. 23:49.000 --> 23:52.440 And I'm going to campaign against you. 23:52.440 --> 23:53.440 Thank you. 23:53.440 --> 24:12.720 Is there anyone else from the public that would like to address this on this issue or 24:12.720 --> 24:16.400 any other issue that's not on the agenda? 24:16.400 --> 24:18.120 Yes. 24:18.120 --> 24:26.520 Since these smart meters have been installed and all, there has been a lot of evidence 24:26.520 --> 24:33.400 showing that it is not very safe, that it has little effects. 24:33.400 --> 24:39.800 Myself, I am suffering from insomnia since my neighbors have all had their smart meters 24:39.800 --> 24:41.640 installed. 24:41.640 --> 24:49.320 And we've been told that, you know, well, we have to accept this because that's just 24:49.320 --> 24:50.920 the way it is. 24:50.920 --> 24:56.840 And when I went to the first meeting down at River Lodge back in December, there was 24:56.840 --> 25:04.080 a gentleman there that explained that PG&E had the option of installing other options 25:04.080 --> 25:09.960 besides this wireless technology, which there hasn't been a whole lot of studies done, long-term 25:09.960 --> 25:13.720 studies done on the health effects. 25:13.720 --> 25:19.400 And PG&E chose to go wireless because of profit motive. 25:19.400 --> 25:22.040 And they saw big dollars. 25:22.040 --> 25:26.960 They said it's a cheap way to do this, and the people are just going to get this because 25:26.960 --> 25:30.200 we're a monopoly, and there's no other choice. 25:30.200 --> 25:32.520 So what else can we do? 25:32.520 --> 25:40.240 And we weren't informed about the installation of these until about a week or so before it 25:40.240 --> 25:41.240 went in. 25:41.240 --> 25:48.520 And we've been told that, well, there are no options, and we don't really care about, 25:48.520 --> 25:53.560 you know, what you have to say about it because we're just going to put this in. 25:53.560 --> 25:58.200 And I feel really strongly against this because we don't know the long-term effects, but there 25:58.200 --> 26:05.080 have been studies in other European nations that have had studies, and it has shown that 26:05.080 --> 26:10.680 it affects your hormone levels and it causes brain tumors, especially in young children 26:10.680 --> 26:14.080 and elderly patients or people. 26:14.080 --> 26:19.880 And the microwaves are saying, well, it's less than that of a cell phone or a microwave 26:19.880 --> 26:20.880 oven. 26:20.880 --> 26:26.320 But I said, well, we don't go around with a cell phone and attach our heads 24 hours 26:26.320 --> 26:29.680 a day and having these pulses through us. 26:29.680 --> 26:36.000 And there are some of us among us right now that are really sensitive to EMFs, electromagnetic 26:36.000 --> 26:42.240 frequencies, and it is having a deleterious effect on our health. 26:42.240 --> 26:50.480 And I would just like to address the council and have them really look at the studies that 26:50.480 --> 26:56.680 have been put out so far about how this is affecting all of us and will affect us and 26:56.680 --> 27:01.080 perhaps kill us off, our children, especially children, because they're going to be really 27:01.080 --> 27:02.720 more susceptible. 27:02.720 --> 27:10.880 Their skulls are thinner than ours, and their developing bodies can't absorb as much microwave 27:10.880 --> 27:14.720 energy that these smart meters are putting out. 27:14.720 --> 27:15.720 Thank you. 27:15.720 --> 27:16.720 Thank you. 27:16.720 --> 27:21.160 Thank you, ma'am. 27:21.160 --> 27:22.160 Thank you for your comments. 27:22.160 --> 27:25.280 Could you identify yourself, please? 27:25.280 --> 27:28.720 Zian, and I live here in Fortuna. 27:28.720 --> 27:29.720 Thank you. 27:29.720 --> 27:44.640 So is there anyone that would like to make a motion to close public comment period? 27:44.640 --> 27:45.640 Second. 27:45.640 --> 27:48.440 It's been moved and seconded to close public comment period. 27:48.440 --> 27:50.400 All in favor signify by saying aye. 27:50.400 --> 27:51.400 Aye. 27:51.400 --> 27:52.400 Opposed? 27:52.400 --> 27:53.400 So closed. 27:53.400 --> 28:00.600 As you know, we can't deliberate or make a decision or anything tonight on this, but 28:00.600 --> 28:02.560 we will, we did hear you. 28:02.560 --> 28:08.640 So we will read the stuff we got and go from there. 28:08.640 --> 28:09.640 Thank you. 28:09.640 --> 28:22.080 Moving on, Duane, do you have a report on disbursements? 28:22.080 --> 28:28.880 Honorable Mayor, members of the council and chair and members of the Fortuna Redevelopment 28:28.880 --> 28:35.480 Agencies, this is an oral report of disbursements in this last action on March 21st, and it's 28:35.480 --> 28:37.880 a oral report. 28:37.880 --> 28:50.000 The city disbursements were $249,404.42, and the redevelopment agency was $662.54. 28:50.000 --> 28:52.080 There is no action required of the council. 28:52.080 --> 28:54.520 It's informational for you. 28:54.520 --> 28:57.520 Thank you. 28:57.520 --> 28:59.040 Moving on to the consent calendar. 28:59.040 --> 29:01.440 There are seven items on the consent calendar. 29:01.440 --> 29:08.120 These are routine in nature and are usually approved in a single vote, but any member 29:08.120 --> 29:11.600 of the council can pull a particular item for further discussion. 29:11.600 --> 29:15.560 Is there any items wished to be pulled? 29:15.560 --> 29:17.280 Mr. Mayor, I'd like to do number two. 29:17.280 --> 29:19.480 Number two, okay. 29:19.480 --> 29:22.480 Number three, please. 29:22.480 --> 29:24.480 Three. 29:24.480 --> 29:29.640 No others. 29:29.640 --> 29:35.080 Mr. Mayor, I make a motion to approve consent calendar items number one, four, five, six, 29:35.080 --> 29:36.080 and seven. 29:36.080 --> 29:37.080 Second. 29:37.080 --> 29:42.720 It's been moved to approve consent calendar items one, four, five, six, and seven. 29:42.720 --> 29:44.640 All in favor signify by saying aye. 29:44.640 --> 29:45.640 Aye. 29:45.640 --> 29:46.640 All opposed? 29:46.640 --> 29:47.640 So approved. 29:47.640 --> 29:50.680 Dean, you pull number two. 29:50.680 --> 29:51.680 Thanks Mr. Mayor. 29:51.680 --> 29:59.600 If you refer to page 21, this is a consolidation of the building permit summary for the council 29:59.600 --> 30:03.760 of February 2011. 30:03.760 --> 30:10.160 There's been criticism of our building department and community development department not having 30:10.160 --> 30:16.760 any justification for having as many employees that we have, and I try when there's something 30:16.760 --> 30:22.160 to be made aware to the public of increases in fees accepted. 30:22.160 --> 30:29.640 I would like to make reference to February 2010, a year ago, roughly a year ago, the 30:29.640 --> 30:36.640 amount of cost for the construction was 138,000, roughly 139,000, and we received $4,000 in 30:36.640 --> 30:41.400 fees for this last month of February 2011. 30:41.400 --> 30:49.400 We just about tripled the construction cost amount and almost five-folded the amount of 30:49.400 --> 30:50.400 fees. 30:50.400 --> 30:54.480 Instead of 4,000 last year, we had 20,000 this year. 30:54.480 --> 30:59.280 So it does show some signs of things occurring in our city. 30:59.280 --> 31:04.320 It's taken some a little while for us to creep back out of the hole that we were in two years 31:04.320 --> 31:09.400 ago and I'm glad to see the construction community out there doing something. 31:09.400 --> 31:11.360 So thank you very much. 31:11.360 --> 31:12.360 Thanks Mr. Mayor. 31:12.360 --> 31:13.360 Thanks Dean. 31:13.360 --> 31:15.880 Any other comments on item two? 31:15.880 --> 31:22.320 Moving on to item three. 31:22.320 --> 31:27.040 Item three, page 25 please. 31:27.040 --> 31:32.240 At the top it's general fund and the second from the top down it's interest loans and 31:32.240 --> 31:43.760 rents and I noticed year to date actual is $52,744, budgeted $737,000. 31:43.760 --> 31:45.520 So we've got three months in the fiscal year. 31:45.520 --> 31:51.640 I think I probably understand the reasoning why it is so low at this point but if we could 31:51.640 --> 31:56.400 have an explanation from either Dwayne or… 31:56.400 --> 32:00.280 Certainly I'm going to jump ahead and if it gets really detailed I'm going to have our 32:00.280 --> 32:02.160 finance director respond. 32:02.160 --> 32:08.320 But essentially as with a lot of general fund revenues, they are not received in a linear 32:08.320 --> 32:09.320 fashion. 32:09.320 --> 32:13.440 In other words, they are not progressive by month to month and we receive a great deal 32:13.440 --> 32:20.360 of revenue in the general fund overall in the latter two quarters, particularly the last 32:20.360 --> 32:24.760 quarter taxes, property taxes being one great example of that. 32:24.760 --> 32:29.200 On the interest loans and rents there are a number of loans that come to the general 32:29.200 --> 32:31.040 fund. 32:31.040 --> 32:36.320 Specifically as an example, the redevelopment agency owes a debt to the general fund and 32:36.320 --> 32:40.320 it's paid annually and it's due on June 30th of each year. 32:40.320 --> 32:46.280 So we don't realize that revenue until the last day of the fiscal year including also 32:46.280 --> 32:51.280 a loan that goes to the drainage fund similar from the redevelopment agencies. 32:51.280 --> 32:56.960 There are others of interest loans that become payable in essentially the last quarter of 32:56.960 --> 32:57.960 the year. 32:57.960 --> 33:00.000 So it's not unusual. 33:00.000 --> 33:04.000 There is a little bit lower but if you noticed over in the percentage from the prior year 33:04.000 --> 33:12.160 it's 21 so it's not an unusual event to see revenues not realized yet at this time. 33:12.160 --> 33:19.200 And since this is a cash report and not an accrual item, we don't realize, we don't 33:19.200 --> 33:24.360 put the number in until indeed the cash arrives and not just necessary when we anticipate 33:24.360 --> 33:26.440 it as you would in an accrual process. 33:26.440 --> 33:27.440 Okay. 33:27.440 --> 33:28.440 Thank you. 33:28.440 --> 33:35.080 So with regard to the projection, are we projecting that that estimated annual budget amount will 33:35.080 --> 33:37.320 be real close to that if not? 33:37.320 --> 33:42.080 At this moment in time I have no concerns of any substantial amount that we will not 33:42.080 --> 33:46.640 realize that full 737,000. 33:46.640 --> 33:49.560 Nothing would indicate to me that that's in jeopardy. 33:49.560 --> 33:52.560 Thank you. 33:52.560 --> 33:59.520 Any other questions on the finance department? 33:59.520 --> 34:04.920 I'll move to approve item number three and might as well do number two as well. 34:04.920 --> 34:06.400 I second the motion. 34:06.400 --> 34:10.080 Moved and seconded to approve item two and three. 34:10.080 --> 34:12.200 All in favor signify by saying aye. 34:12.200 --> 34:13.200 Aye. 34:13.200 --> 34:14.200 Opposed? 34:14.200 --> 34:16.000 So approved. 34:16.000 --> 34:17.560 Moving on to business items. 34:17.560 --> 34:25.240 We have two business items this evening, the first one is to receive the 2009-2010 fiscal 34:25.240 --> 34:29.080 audit reports and financial statement. 34:29.080 --> 34:32.000 I'm delighted to have this report brought to you. 34:32.000 --> 34:36.640 This is as you know is an annual report and it's a, we have two things going on, particularly 34:36.640 --> 34:41.240 in the finance department this year, already three, the ongoing operations. 34:41.240 --> 34:44.640 Ours is we're maintaining accounting records of that. 34:44.640 --> 34:48.480 We have the forward looking aspect which is we're preparing the budget for your approval 34:48.480 --> 34:50.520 here in the next couple of months. 34:50.520 --> 34:55.280 But then we have this rear view mirror aspect where we looked at the performance of last 34:55.280 --> 35:00.520 year's and this is the audit report that was completed and brought to you by our auditor 35:00.520 --> 35:06.600 and you received the bound audits for both the city and the redevelopment agency and 35:06.600 --> 35:11.120 this is an opportunity for our new finance director, Gary Chapman, to present the audit 35:11.120 --> 35:12.120 report to you. 35:12.120 --> 35:13.120 So Gary? 35:13.120 --> 35:20.600 Well, your honor and counsel, I am pleased to present both these reports to you, which 35:20.600 --> 35:27.520 the one with the white is our comprehensive financial annual report or CAFR for short, 35:27.520 --> 35:33.280 slang, and then of course the basic financial statements for our redevelopment agency of 35:33.280 --> 35:36.640 which you are the board members for. 35:36.640 --> 35:45.640 To be fair and not to say anything out of place, these reports as our city manager already 35:45.640 --> 35:53.360 mentioned are historical data from our last fiscal year that ended June 30, 2010 and we've 35:53.360 --> 36:03.720 had our financial activity audited through our current CPA, Terry E. Craig and he completed 36:03.720 --> 36:09.920 this audit for us and has provided a statement and I really like to read this part because 36:09.920 --> 36:13.480 it's the way it's worded. 36:13.480 --> 36:19.320 It says, for the city report, the auditor's unqualified opinion states that the financial 36:19.320 --> 36:24.480 statements present fairly in all material respects the respective financial position 36:24.480 --> 36:30.080 of the governmental activities, the business type activities, each major fund and the aggregate 36:30.080 --> 36:35.920 remaining fund information of the city of Fortuna as of June 30 and the respective changes 36:35.920 --> 36:41.680 in financial position and cash flows were applicable thereof for the year then ended 36:41.680 --> 36:45.840 in conformity with the accounting principles generally accepted in the United States of 36:45.840 --> 36:46.840 America. 36:46.840 --> 36:51.760 In short, it just gives us assurance that these financial statements are free of any 36:51.760 --> 36:55.960 material misstatements. 36:55.960 --> 37:01.240 We were not required to file for the single audit report this year. 37:01.240 --> 37:10.660 There's a limit, $500,000 in federal expenditures which we did not obtain nor exceed so we were 37:10.660 --> 37:18.800 exempt from that and then a couple of highlights about our financials written in the agenda 37:18.800 --> 37:24.560 summary that our overall revenues from governmental and business type activities totaled about 37:24.560 --> 37:33.080 $13.8 million last year while our total expenditures were only $12.2 million and then the general 37:33.080 --> 37:40.160 fund reported a fund balance of about $9.6 million, basically the cash, which is about 37:40.160 --> 37:44.080 a decrease of $41,000 from last year. 37:44.080 --> 37:48.400 And then I don't know if you want me to read through the rest of these highlights but I'm 37:48.400 --> 37:55.160 going to pass this on segue into the like to tell you thank you for listening and ask 37:55.160 --> 38:03.320 you to, what's the proper term, receive these reports. 38:03.320 --> 38:07.280 You have any questions? 38:07.280 --> 38:29.040 Just to comment on the city's report, page 2 under local economy. 38:29.040 --> 38:37.720 The second paragraph there indicates that there was an overall general fund deficit 38:37.720 --> 38:46.720 of 16% and a specific general fund sales tax decrease of 18% in 2009-10 and you expect 38:46.720 --> 38:52.640 that to carry forward in this current fiscal year that we're in. 38:52.640 --> 38:54.040 Do I expect this to continue? 38:54.040 --> 39:00.920 I believe that's what it says here is these levels of decrease are expected to carry over 39:00.920 --> 39:05.080 in 2010-11. 39:05.080 --> 39:08.800 Trying to read the specific, but you did say the second paragraph, in other words the second 39:08.800 --> 39:10.680 bullet that during. 39:10.680 --> 39:19.680 I have on page 2, city council, February 20th, 2011, page 2 on the top. 39:19.680 --> 39:29.800 The point is that we're going to experience general fund deficiencies again this year 39:29.800 --> 39:37.280 and they'll carry over about the same level that we experienced last year in the neighborhood 39:37.280 --> 39:41.120 of about 16-18%. 39:41.120 --> 39:50.240 And honestly I don't see where that's written in here, but I believe that that is correct. 39:50.240 --> 39:57.200 There's no question, there's just a statement. 39:57.200 --> 40:03.120 Caught me off guard. 40:03.120 --> 40:14.760 Alright it's the introductory letter, if that makes it any better, three page letter identified 40:14.760 --> 40:18.560 as page 2 at the top of the letter. 40:18.560 --> 40:24.760 And there's a paragraph entitled local economy and those numbers are identified. 40:24.760 --> 40:31.600 So the importance of that is how we treat our general fund dollars in this year, this 40:31.600 --> 40:33.200 fiscal year. 40:33.200 --> 40:34.200 Yes. 40:34.200 --> 40:39.200 Thank you. 40:39.200 --> 40:40.200 Any other questions? 40:40.200 --> 40:42.880 Do we have any other questions? 40:42.880 --> 40:44.600 Now right now we'll open it to the public. 40:44.600 --> 40:50.280 Is there any one from the public that would like to comment on this? 40:50.280 --> 40:57.760 Any of you high school kids? 40:57.760 --> 41:03.920 Any of you who think that was a good composition? 41:03.920 --> 41:05.800 Lessons in civics? 41:05.800 --> 41:06.800 Okay. 41:06.800 --> 41:09.760 Move to close public comment. 41:09.760 --> 41:10.760 Second the motion. 41:10.760 --> 41:12.960 And moved and seconded to close public comment. 41:12.960 --> 41:15.080 I'll favor signify by saying aye. 41:15.080 --> 41:16.080 Aye. 41:16.080 --> 41:17.080 Opposed? 41:17.080 --> 41:18.080 So closed. 41:18.080 --> 41:19.080 Couple items. 41:19.080 --> 41:24.080 So as I said, we're going to be talking about the general fund. 41:24.080 --> 41:29.480 So is this an action item, Aaron? 41:29.480 --> 41:30.480 Yep. 41:30.480 --> 41:37.600 We've got to do a voice vote on the city's receiving the fiscal report and the agency 41:37.600 --> 41:38.600 receiving it. 41:38.600 --> 41:45.040 I'll go ahead and move to receive the 0910 fiscal year audit of the city of Fortuna. 41:45.040 --> 41:48.000 And I guess we better break this into two here. 41:48.000 --> 41:50.800 Yeah, because it's two groups. 41:50.800 --> 41:51.800 Second. 41:51.800 --> 41:59.520 And it's been moved and seconded to receive the 2009-2010 fiscal year audit for the city 41:59.520 --> 42:00.520 of Fortuna. 42:00.520 --> 42:02.400 All in favor signify by saying aye. 42:02.400 --> 42:03.400 Aye. 42:03.400 --> 42:04.400 All opposed? 42:04.400 --> 42:07.520 So received. 42:07.520 --> 42:17.920 And I'll move to receive the 092010 fiscal year audit of the Fortuna Redevelopment Agency. 42:17.920 --> 42:18.920 Second. 42:18.920 --> 42:26.920 And it's been moved and seconded to receive the 2009-2010 fiscal year audit for the Fortuna 42:26.920 --> 42:28.680 Redevelopment Agency. 42:28.680 --> 42:30.720 All in favor signify by saying aye. 42:30.720 --> 42:31.720 Aye. 42:31.720 --> 42:32.720 All opposed? 42:32.720 --> 42:33.720 So received. 42:33.720 --> 42:34.720 Nice report. 42:34.720 --> 42:35.720 Very good. 42:35.720 --> 42:46.480 Moving on, the second item on the agenda is to provide recommendations to the council 42:46.480 --> 42:52.440 regarding a complaint received pertaining to the actions of a city employee. 42:52.440 --> 42:55.040 City Attorney. 42:55.040 --> 42:57.520 Thank you, Mayor, members of the council. 42:57.520 --> 43:04.200 Unfortunately, this item is not quite as far along a process as I thought it would be. 43:04.200 --> 43:13.000 But I would like to tell you more than I was able to tell you at the last meeting. 43:13.000 --> 43:19.200 I did send a letter to the complainant concerning the question of confidentiality and have not 43:19.200 --> 43:24.600 yet had a chance to resolve that with the complainant. 43:24.600 --> 43:31.920 The more I thought about that from the last meeting until this evening, at least from 43:31.920 --> 43:39.560 my perspective, it's virtually impossible to look into the matter and make any serious 43:39.560 --> 43:47.040 effort to sort it out and resolve it without the complainant's identity being known. 43:47.040 --> 43:56.280 The complainant submitted the complaint on a form that was never intended for this purpose. 43:56.280 --> 44:01.440 There's nothing wrong with using that form, but I say it was not intended for this purpose 44:01.440 --> 44:07.680 because the form includes language that says that the identity of the complainant will 44:07.680 --> 44:10.200 be kept confidential. 44:10.200 --> 44:18.240 The form was intended more for a code enforcement, a neighborhood nuisance complaint where one 44:18.240 --> 44:24.160 property owner has a complaint about the neighbor's dogs or the height of the hedge or garbage 44:24.160 --> 44:26.940 accumulating in the backyard. 44:26.940 --> 44:33.920 To avoid a situation where the complaining party feels that they might be retaliated 44:33.920 --> 44:43.120 against by the neighbor, the city makes an effort to keep the identity confidential. 44:43.120 --> 44:48.880 The building official or the community development department would take that complaint and without 44:48.880 --> 44:53.960 revealing the source of the complaint, then city staff would go investigate and try to 44:53.960 --> 44:55.880 resolve the complaint. 44:55.880 --> 45:02.040 That's what this form is for and in that context, it's generally quite easy to keep the identity 45:02.040 --> 45:04.980 of the complainant confidential. 45:04.980 --> 45:14.400 In this case, the complaints that are made are very much more in the political arena. 45:14.400 --> 45:21.320 This is not something that can be looked into without interviewing witnesses or at least 45:21.320 --> 45:29.920 trying to gather facts and the gathering of facts can't help, I think, but identify the 45:29.920 --> 45:36.360 identity of the complainant and the identity of the city employee. 45:36.360 --> 45:41.760 That's still an issue that is going to have to be resolved if the complaint is going to 45:41.760 --> 45:45.680 be brought forward. 45:45.680 --> 45:58.800 The city employee who is the subject of the complaint has indicated that it is his desire 45:58.800 --> 46:05.320 that any discussion of the complaints be done in a public meeting. 46:05.320 --> 46:13.920 Again, I don't know how we will talk about complaints without the identity of the complainant 46:13.920 --> 46:18.480 being known. 46:18.480 --> 46:24.920 It's just an unresolved issue and we can't really move forward until that is resolved. 46:24.920 --> 46:32.160 I did look at the complaint and there are essentially 13 specific complaints and I've 46:32.160 --> 46:36.120 kind of in my mind at least grouped them into categories. 46:36.120 --> 46:39.200 There are some complaints about the election code. 46:39.200 --> 46:43.920 There are some complaints about the municipal code. 46:43.920 --> 46:48.760 Specific complaints about the Brown Act, the Public Records Act, for example. 46:48.760 --> 46:53.520 If we're going to go forward and look into the complaints, it seems to me that we ought 46:53.520 --> 47:00.080 to try to deal with them sort of in those categories because some of those categories 47:00.080 --> 47:08.480 are more susceptible to the city looking into the allegations and doing something about 47:08.480 --> 47:09.680 it. 47:09.680 --> 47:16.240 Other categories of complaints are by and large beyond the purview of the city. 47:16.240 --> 47:24.360 For example, the first couple complaints have to do with specific sections of the California 47:24.360 --> 47:34.680 election code and the city has, in my opinion, virtually no ability at this point in time 47:34.680 --> 47:42.080 to do any meaningful resolution of that charge, if you will. 47:42.080 --> 47:47.040 The complaint has to do with things that happened in the past. 47:47.040 --> 47:48.660 We can't unring the bell. 47:48.660 --> 47:50.560 The election has been held. 47:50.560 --> 47:53.200 Whatever happened in the election happened. 47:53.200 --> 47:57.880 We certainly could say, well, we'll try, if something was wrong, we'll try to be better 47:57.880 --> 47:58.880 in the future. 47:58.880 --> 48:00.760 We'll try to learn from this. 48:00.760 --> 48:08.000 But there's nothing we can do to unring and remedy that allegation if it's found to be 48:08.000 --> 48:09.000 true. 48:09.000 --> 48:13.720 I'm not suggesting that I think it is or isn't true at this point. 48:13.720 --> 48:17.200 There are other categories. 48:17.200 --> 48:24.080 For example, I've just taken the liberty of assigning a number to each one as I go down 48:24.080 --> 48:25.080 the list. 48:25.080 --> 48:31.600 And number six alleges certain violations of the Public Record Act and the Brown Act. 48:31.600 --> 48:42.880 But I would point out that in the California Public Records Act, it provides, and I believe 48:42.880 --> 48:49.000 this is an accurate summary, the provisions of California Government Code Section 6258 48:49.000 --> 48:55.920 and 6259 provide the exclusive procedure for litigating a public agency's obligation to 48:55.920 --> 48:59.440 comply with a public records request. 48:59.440 --> 49:06.000 There really is no mechanism for the city council to weigh in and determine whether 49:06.000 --> 49:11.880 or not a city staff person did or did not violate the Public Records Act. 49:11.880 --> 49:16.480 There is an exclusive remedy built into the state law. 49:16.480 --> 49:22.800 In much the same way, to the extent that some of the complaints allege a violation of the 49:22.800 --> 49:25.240 Brown Act. 49:25.240 --> 49:33.240 The Brown Act provides that if a citizen feels that there have been either past violations 49:33.240 --> 49:40.200 of the Brown Act or future violations about to occur, that the citizen is obligated to 49:40.200 --> 49:43.480 send what's called a cure and demand letter. 49:43.480 --> 49:48.440 That is, a letter putting the agency on notice that they believe there either was or is about 49:48.440 --> 49:50.480 to be a violation. 49:50.480 --> 49:59.440 And then the agency has 30 days to either correct a past mistake or to not hold that 49:59.440 --> 50:01.160 meeting in the future. 50:01.160 --> 50:05.320 The Brown Act provides for a 90-day statute of limitations. 50:05.320 --> 50:11.620 That is, you can go back 90 days and say, 89 days ago or 90 days ago, I think you did 50:11.620 --> 50:14.780 something wrong and you should fix it. 50:14.780 --> 50:21.120 The complaint is vague in respect to the Brown Act violations. 50:21.120 --> 50:26.120 It simply alleges various other violations of the Brown Act. 50:26.120 --> 50:31.200 There's no indication that they're within the last 90 days or beyond. 50:31.200 --> 50:39.800 But when you look at the other provisions of the complaint, there are several specific 50:39.800 --> 50:50.680 allegations that go back to alleged improprieties that occurred in November of 2008. 50:50.680 --> 50:58.000 Failure to follow a council resolution 2006-25, which would have been a resolution adopted 50:58.000 --> 51:04.400 by the city council in 2006. 51:04.400 --> 51:11.200 Violations of impropriety in January of 2009, October of 2010. 51:11.200 --> 51:17.040 And so there are a number of complaints that go back a number of years. 51:17.040 --> 51:23.000 So my suggestion, if we're going to do something and if we resolve the confidentiality, is 51:23.000 --> 51:31.120 to sort of lump things into categories so that we can at least see what remedies, if 51:31.120 --> 51:33.480 any, are available to the city. 51:33.480 --> 51:39.200 I should point out there are some allegations of violations of the municipal code, which 51:39.200 --> 51:42.480 are more clearly within our purview. 51:42.480 --> 51:48.120 So I think we develop some categories. 51:48.120 --> 51:53.660 And then my suggestion would be we define some time limit within which we might be willing 51:53.660 --> 51:57.280 to go back and take a look at things. 51:57.280 --> 52:03.280 I think it would be much less productive and much more complicated to go back, for example, 52:03.280 --> 52:12.880 to 2006 and try to recall through interviews with folks or records searches or developing 52:12.880 --> 52:24.280 information about what somebody did or didn't do five years ago. 52:24.280 --> 52:33.240 Another issue that if we decide to go forward, I offered myself up last time to be the public 52:33.240 --> 52:37.960 appoint person, and I'm still willing to do that if that's the council's desire. 52:37.960 --> 52:45.480 But if so, regardless, whoever might be looking into these complaints, I think should be given 52:45.480 --> 52:47.800 some degree of autonomy. 52:47.800 --> 52:53.120 And we should all agree that person has, at least at some preliminary stage, sort of the 52:53.120 --> 53:02.240 sole authority to conduct the inquiry so that there aren't conversations between different 53:02.240 --> 53:06.520 people on different times and different things are said. 53:06.520 --> 53:14.120 And whether it's me or someone else, we might end up sort of chasing our tail. 53:14.120 --> 53:17.940 Recounting what happened a number of years ago will be difficult enough, but if there's 53:17.940 --> 53:25.200 multiple players participating, I fear it may make it even more complicated. 53:25.200 --> 53:31.760 I told you last time that I could identify three options that you might want to consider 53:31.760 --> 53:33.520 in responding to the complaint. 53:33.520 --> 53:35.800 One is to do nothing. 53:35.800 --> 53:43.960 That is to trust that the Brown Act or the Public Records Act or the election code or 53:43.960 --> 53:50.400 that there is some other mechanism for resolving these complaints and it's beyond your desire 53:50.400 --> 53:53.060 or ability to do so. 53:53.060 --> 53:58.600 That has the advantage of being quick and cheap, but not necessarily, there may not 53:58.600 --> 54:02.200 be any other advantages, there may be disadvantages. 54:02.200 --> 54:07.840 At the other end of the spectrum, I think you might receive this complaint form and 54:07.840 --> 54:15.640 think that it's possible that there are some serious allegations sort of where there's 54:15.640 --> 54:17.000 smoke there's fire. 54:17.000 --> 54:24.720 And you might choose to hire an outside person to conduct an investigation. 54:24.720 --> 54:30.680 Could be an attorney, could be just some respected private person. 54:30.680 --> 54:38.120 I suspect that would cost $10,000 or $20,000. 54:38.120 --> 54:40.720 It would probably take several months. 54:40.720 --> 54:46.720 And I'm not positive that at the end of that process, the complainant or you or staff would 54:46.720 --> 54:56.120 look at it as the definitive answer that would resolve all questions. 54:56.120 --> 55:01.320 The Brown Act does provide and if we go that route, if we choose that option, the Brown 55:01.320 --> 55:06.800 Act does provide that if the City Council is to hear specific charges and complaints 55:06.800 --> 55:13.840 against a city employee, that the employee has the right to ask that that be conducted 55:13.840 --> 55:16.000 in public. 55:16.000 --> 55:24.040 And that if that right were exercised, then again, any hope for anonymity would go out 55:24.040 --> 55:25.920 the window. 55:25.920 --> 55:33.280 The middle ground that I guess I sort of recommended last time and I would recommend this time is 55:33.280 --> 55:42.200 that you direct me as a staff person to try to work with the complainant to first resolve 55:42.200 --> 55:45.760 the request for confidentiality. 55:45.760 --> 55:54.560 And if we get past that point, then I can do as I suggested sort of lump together complaints 55:54.560 --> 56:02.560 that have common threads and do that both by subject matter and time period. 56:02.560 --> 56:05.320 And then we can sort of work our way through this. 56:05.320 --> 56:10.720 It's new for you, it's new for me, so we're going to have to sort of learn as we go. 56:10.720 --> 56:14.200 And we're going to have to do it in a, I shouldn't say we're going to have to do it. 56:14.200 --> 56:17.920 The law requires that it be done in a public meeting. 56:17.920 --> 56:22.800 I don't have the ability to go into closed session and talk with you about this. 56:22.800 --> 56:29.480 So my recommendation, I guess I've rambled on, I would suggest that you direct me to 56:29.480 --> 56:35.160 work with the complainant to try to resolve the confidentiality. 56:35.160 --> 56:42.440 And once that's resolved, to then create a framework within which we can begin to look 56:42.440 --> 56:44.360 at some of these things. 56:44.360 --> 56:45.680 Thank you. 56:45.680 --> 56:52.400 Do any of us have any questions of Dave at this time? 56:52.400 --> 56:55.520 You mentioned 13 specific complaints. 56:55.520 --> 56:56.960 Yes. 56:56.960 --> 57:02.480 If we, for example, the Brown Act has a 90-day statute of limitations. 57:02.480 --> 57:10.560 So if we use that as a measure, how many of those complaints are removed from the list? 57:10.560 --> 57:21.240 Or does that make much of a difference? 57:21.240 --> 57:26.840 It's not exact science, so I can't say one or two or three. 57:26.840 --> 57:33.880 The specific complaint that mentions directly the Brown Act is what I've identified as number 57:33.880 --> 57:35.440 six. 57:35.440 --> 57:40.480 And it simply says various other violations of the California Public Records Act and the 57:40.480 --> 57:42.000 Brown Act. 57:42.000 --> 57:47.240 It does not say at any specific meeting or such a... 57:47.240 --> 57:53.560 So I can't say, well, if we set aside the Brown Act beyond 90 days, it eliminates one 57:53.560 --> 57:56.200 or two or seven or whatever. 57:56.200 --> 58:03.120 So it appears the hurdle that we need to cross is the confidentiality aspect of this. 58:03.120 --> 58:05.360 That's certainly the first hurdle. 58:05.360 --> 58:12.880 Otherwise, we are in no position to hear either side of this case. 58:12.880 --> 58:20.600 Well, if we're going to try to sort out some facts and sort of get a sense of what might 58:20.600 --> 58:26.320 have happened at some point in time about some particular issue, I don't know how we 58:26.320 --> 58:29.480 will do that without talking to people. 58:29.480 --> 58:36.400 And for example, Mike would know better than I, but in conducting an inquiry, you might 58:36.400 --> 58:39.640 have to talk to somebody and say, well, Doug said this. 58:39.640 --> 58:41.880 Do you think that's what happened? 58:41.880 --> 58:44.640 And that person said, well, yeah, I agree that's what happened. 58:44.640 --> 58:47.400 Or no, I remember it differently. 58:47.400 --> 58:53.980 And pretty soon, people's identities and what have you become known. 58:53.980 --> 59:00.360 So if we don't get over the hurdle of confidentiality, does the issue just drop? 59:00.360 --> 59:07.200 And what are the consequences of us saying do nothing? 59:07.200 --> 59:14.400 Well, I think I'm not prepared to say that if we don't get past that, the whole thing 59:14.400 --> 59:16.600 fails and we drop it. 59:16.600 --> 59:19.560 But I suspect we're pretty close to that. 59:19.560 --> 59:26.560 I just, without being able to talk to folks, I don't know how we could get our arms around 59:26.560 --> 59:27.920 what is being alleged. 59:27.920 --> 59:32.760 And certainly, there may be the other side to the story. 59:32.760 --> 59:39.000 So is there an opportunity, if that happens, for a lawsuit brought against the city that 59:39.000 --> 59:42.240 we would have to litigate against? 59:42.240 --> 59:47.480 Or you heard somebody tonight say they're going to sue you if you don't take certain 59:47.480 --> 59:48.480 actions. 59:48.480 --> 59:53.640 There's always an opportunity for people to sue. 59:53.640 --> 01:00:02.960 What you've been presented with is what I would take as a legitimate complaint by somebody 01:00:02.960 --> 01:00:07.480 and they're asking you to look into it and take it seriously. 01:00:07.480 --> 01:00:13.940 How you take it seriously, different folks might see it differently. 01:00:13.940 --> 01:00:19.760 Somebody might really want to sink their teeth into this, hire an outside person, budget 01:00:19.760 --> 01:00:27.480 $10,000, devote three months to it, and come back with a 20-page fact-finding report. 01:00:27.480 --> 01:00:35.160 Somebody else might say a lot of these allegations really go to how the city staff person is 01:00:35.160 --> 01:00:43.660 performing and that might be the subject of the council's annual review of that employee. 01:00:43.660 --> 01:00:48.160 Not to ignore the complaints, but you might decide there's a different forum where you 01:00:48.160 --> 01:00:53.040 want to look into those and resolve them. 01:00:53.040 --> 01:00:56.180 So you mentioned money. 01:00:56.180 --> 01:01:05.140 We just made a statement earlier that our general fund pool is down from previous years 01:01:05.140 --> 01:01:08.080 and we expect that to carry on this year. 01:01:08.080 --> 01:01:16.640 So a $10,000 to $20,000 outside consultant, are we insured, remit? 01:01:16.640 --> 01:01:21.820 Do we have the city have any insurance against this? 01:01:21.820 --> 01:01:27.720 So come out of our general fund to hire a consultant and defend? 01:01:27.720 --> 01:01:29.720 Yes, you have insurance. 01:01:29.720 --> 01:01:33.760 I doubt very much that it covers these kinds of allegations. 01:01:33.760 --> 01:01:38.840 The allegations that we've violated the Public Records Act or the Brown Act or the election 01:01:38.840 --> 01:01:41.680 code would not be covered. 01:01:41.680 --> 01:01:44.400 So yes, it would come out of the general fund. 01:01:44.400 --> 01:01:51.240 And my suggesting that it could cost $10,000 or $20,000, I've not shopped around, but I 01:01:51.240 --> 01:01:58.880 think to bring somebody in that has some level of training or experience, they're not going 01:01:58.880 --> 01:02:00.320 to work cheap. 01:02:00.320 --> 01:02:01.660 It's going to cost some money. 01:02:01.660 --> 01:02:04.040 Maybe it's only $5,000. 01:02:04.040 --> 01:02:10.080 It's still money. 01:02:10.080 --> 01:02:15.720 I just wanted to make sure you mentioned elections code, municipal code, Brown Act violations 01:02:15.720 --> 01:02:17.480 in California Public Records Act. 01:02:17.480 --> 01:02:26.440 Are there any others or were there just the four? 01:02:26.440 --> 01:02:34.680 I think those are the four main bodies of law that the 13 complaints surround. 01:02:34.680 --> 01:02:40.480 There are other specific, like failure to follow council direction. 01:02:40.480 --> 01:02:41.720 That's not really the Brown Act. 01:02:41.720 --> 01:02:43.560 It's not really the Public Records Act. 01:02:43.560 --> 01:02:45.320 It's not the election code. 01:02:45.320 --> 01:02:52.260 I guess it's sort of the inherent relationship between the council and the staff. 01:02:52.260 --> 01:02:57.920 When you tell us to do something, we're supposed to do it, and the allegation is that the 01:02:57.920 --> 01:03:04.840 council directed the staff person to do something and it wasn't done. 01:03:04.840 --> 01:03:09.960 Well I think you've stated as far as the dilemma here, the confidentiality of the complainant 01:03:09.960 --> 01:03:17.360 in regard to the other side, the person having the right to have this aired in public and 01:03:17.360 --> 01:03:19.320 have a public hearing. 01:03:19.320 --> 01:03:25.960 I don't know how those two can be reconciled to move forward. 01:03:25.960 --> 01:03:34.760 And I should point out, I don't know if I... I might have made things slightly more 01:03:34.760 --> 01:03:36.560 complicated. 01:03:36.560 --> 01:03:39.560 Attorneys sometimes do that. 01:03:39.560 --> 01:03:46.740 When I communicated with the complainant, I offered the opportunity to resubmit the complaint 01:03:46.740 --> 01:03:49.280 anonymously. 01:03:49.280 --> 01:03:54.760 Well that, having given that more thought, I don't think that really resolves the issue. 01:03:54.760 --> 01:04:00.720 What we might get then is a piece of paper without a name on it, but if it's the same 01:04:00.720 --> 01:04:06.320 complaints, we still need to be able to interview witnesses and gather information and facts. 01:04:06.320 --> 01:04:09.720 And I think the identity of the complainant would still come out. 01:04:09.720 --> 01:04:15.580 And I believe the person who's being accused has the right to be able to confront that 01:04:15.580 --> 01:04:21.280 person with specific questions and the ability to ask those questions. 01:04:21.280 --> 01:04:23.400 I will offer my opinion. 01:04:23.400 --> 01:04:30.520 The worst case scenario is you're exactly right and at the end of some process, you 01:04:30.520 --> 01:04:37.480 folks conduct a hearing in which you will act as some sort of arbiter of the facts. 01:04:37.480 --> 01:04:48.280 And you hear evidence, you hear testimony, and you try to sort out these 13 complaints. 01:04:48.280 --> 01:04:49.360 Did they occur? 01:04:49.360 --> 01:04:57.280 And if so, are they serious enough to warrant some discipline or some action? 01:04:57.280 --> 01:05:05.000 Do you have any questions? 01:05:05.000 --> 01:05:06.000 I don't have any questions. 01:05:06.000 --> 01:05:08.040 I think we're just treading water and going nowhere. 01:05:08.040 --> 01:05:09.360 We shouldn't do anything at all. 01:05:09.360 --> 01:05:19.840 Throw it out and let the person who was referring back to Phil Nyberg's comment about one time, 01:05:19.840 --> 01:05:27.280 tirade, ranting and raving, I think it's a handful of accusations when somebody was disappointed 01:05:27.280 --> 01:05:32.800 and decided to write them down and pinpoint it towards one of our employees. 01:05:32.800 --> 01:05:39.080 My direction is just to ignore it, throw it out, and if they want to refile, refile it 01:05:39.080 --> 01:05:41.880 on the correct form, put your name on it. 01:05:41.880 --> 01:05:43.440 You're going to accuse one of our employees. 01:05:43.440 --> 01:05:46.080 I want to know who you are. 01:05:46.080 --> 01:05:53.520 So at this point in time, I'm saying making a motion just to ignore it. 01:05:53.520 --> 01:05:57.940 I think that would send a terrible message to our public if we ignored what they tried 01:05:57.940 --> 01:05:58.940 to tell us. 01:05:58.940 --> 01:06:01.960 I think we would be irresponsible in that regard. 01:06:01.960 --> 01:06:06.280 One thing that was said as we were going over the complaints is you were talking about you 01:06:06.280 --> 01:06:09.560 can't deal with election issues because it's in the past. 01:06:09.560 --> 01:06:13.760 I would say that all of these are in the past, so I don't know that that statement. 01:06:13.760 --> 01:06:17.560 You know what I'm saying? 01:06:17.560 --> 01:06:18.560 They are. 01:06:18.560 --> 01:06:21.960 I guess that's the nature of somebody does something. 01:06:21.960 --> 01:06:23.920 You can't complain beforehand. 01:06:23.920 --> 01:06:27.480 You can't say, I know you're going to rob the bank tomorrow. 01:06:27.480 --> 01:06:36.000 When you said that, that just kind of caught me as not, I don't know what my word is, but 01:06:36.000 --> 01:06:37.280 anyway. 01:06:37.280 --> 01:06:41.480 As I try to think through these complaints and I looked up some of the different codes 01:06:41.480 --> 01:06:48.880 and things, I think there are several where the city employee would have to be identified, 01:06:48.880 --> 01:06:54.840 but not necessarily the complainant, and I don't know if that's an option. 01:06:54.840 --> 01:06:57.080 I think you're right. 01:06:57.080 --> 01:07:04.280 Some of the sections of the municipal code that are cited by the complainant, I think 01:07:04.280 --> 01:07:10.720 could be treated as a neighborhood dispute, if you will, where we don't want to resolve 01:07:10.720 --> 01:07:16.080 those complaints or those allegations that the name of the complainant does not necessarily 01:07:16.080 --> 01:07:18.120 have to be revealed. 01:07:18.120 --> 01:07:23.480 I don't know if we want to try to deal with some of that first and see what happens. 01:07:23.480 --> 01:07:26.640 Dean says he wants a new form and the name on it. 01:07:26.640 --> 01:07:31.040 Well, we all already know the name, so that doesn't change anything. 01:07:31.040 --> 01:07:34.760 I don't know what you meant by that, Dean. 01:07:34.760 --> 01:07:36.960 Anyway, I don't think we should just drop it. 01:07:36.960 --> 01:07:42.160 When a citizen takes the time to file a complaint, I think some of those items are pretty severe 01:07:42.160 --> 01:07:47.840 and I think we should try to deal with it. 01:07:47.840 --> 01:07:54.400 For me, I think that Mr. Hranberg's recommendation to allow him to work with the complainant 01:07:54.400 --> 01:08:00.960 to try to resolve the confidentiality issue and then to work towards some common thread 01:08:00.960 --> 01:08:04.520 and some common ground there, I think is a sound advice. 01:08:04.520 --> 01:08:06.240 I'll second that. 01:08:06.240 --> 01:08:08.040 I like that. 01:08:08.040 --> 01:08:11.440 Let's, before we do anything more in there, let's open it to the public. 01:08:11.440 --> 01:08:23.120 Is there anyone from the public that would like to speak on this matter? 01:08:23.120 --> 01:08:30.360 This would have come to you in a closed session at the annual review had the Brown Act been 01:08:30.360 --> 01:08:37.000 followed. 01:08:37.000 --> 01:08:38.680 You are right. 01:08:38.680 --> 01:08:42.600 It struck me as very odd, the letter that you sent. 01:08:42.600 --> 01:08:53.360 I did not see how refiling it anonymously made any difference. 01:08:53.360 --> 01:08:57.520 I'm really not prepared to speak because I did not know what Mr. Hranberg was going to 01:08:57.520 --> 01:08:59.640 say at all. 01:08:59.640 --> 01:09:01.720 I had no idea. 01:09:01.720 --> 01:09:05.160 I can't really answer very many of your questions. 01:09:05.160 --> 01:09:12.320 I can tell you all know who submitted the complaint. 01:09:12.320 --> 01:09:18.240 I guess I can tell you why I submitted it with that little paragraph still on there. 01:09:18.240 --> 01:09:31.080 It was to give all of you a chance to look at it and see it before it became public. 01:09:31.080 --> 01:09:32.400 I beg to differ with you. 01:09:32.400 --> 01:09:36.880 I think this could have been handled, that you could have brought this to the City Council 01:09:36.880 --> 01:09:40.520 in a closed session. 01:09:40.520 --> 01:09:45.160 I believe that's true because of the nature of the complaint. 01:09:45.160 --> 01:09:53.440 Mr. Hranberg is dealing with it as a complaint against the City, like a claims. 01:09:53.440 --> 01:09:54.440 It's not that. 01:09:54.440 --> 01:10:00.480 It's a complaint against one of your employees. 01:10:00.480 --> 01:10:05.000 A lot of the issues that he's brought up don't apply. 01:10:05.000 --> 01:10:20.040 I'm asking you to look at a complaint against the actions of the employee. 01:10:20.040 --> 01:10:30.160 In order to take it seriously, I felt that I need to show that there was a broad basis 01:10:30.160 --> 01:10:35.800 for the complaint, not only over different subject areas, not only in the area that I 01:10:35.800 --> 01:10:42.680 was concerned about, this water tank issue, but also over time, that this is not something 01:10:42.680 --> 01:10:46.160 that has just sprung up because of one person. 01:10:46.160 --> 01:10:54.760 In fact, there's not one complaintant, there's not one person that has been affected by this. 01:10:54.760 --> 01:10:59.560 It's just that I happened to be able to do it. 01:10:59.560 --> 01:11:01.640 I wasn't an employee. 01:11:01.640 --> 01:11:06.040 I didn't have to worry about repercussions because I was an employee. 01:11:06.040 --> 01:11:08.000 I wasn't somebody that worked with the City. 01:11:08.000 --> 01:11:10.840 I wasn't somebody that did business with the City. 01:11:10.840 --> 01:11:15.320 I can tell you that when I was dealing with the tank issue, all those things were told 01:11:15.320 --> 01:11:18.760 to me. 01:11:18.760 --> 01:11:20.640 People told me that. 01:11:20.640 --> 01:11:21.640 I can't help you. 01:11:21.640 --> 01:11:25.680 Well, you know, that's a good idea, but I have something coming forward, the Planning 01:11:25.680 --> 01:11:26.680 Commission. 01:11:26.680 --> 01:11:28.120 I do business with the City. 01:11:28.120 --> 01:11:30.080 I work for the City. 01:11:30.080 --> 01:11:32.080 I want to leave that. 01:11:32.080 --> 01:11:33.960 I just want to explain why I did it. 01:11:33.960 --> 01:11:34.960 I did it confidentially. 01:11:34.960 --> 01:11:47.400 Also, and actually I go back to that, is because also I thought that the employee had a right 01:11:47.400 --> 01:11:52.120 to privacy also, the right to have it heard in closed session. 01:11:52.120 --> 01:11:58.360 So if they wanted that, then I thought that I should honor that. 01:11:58.360 --> 01:12:06.200 If that was going to happen, I didn't want it to be like the lawsuit, agar versus unknown. 01:12:06.200 --> 01:12:13.960 In fact, Mr. Tramberg saying agar against the City again. 01:12:13.960 --> 01:12:17.120 I had no part in any of those closed sessions that you had about that. 01:12:17.120 --> 01:12:19.280 Nobody came and asked me about it. 01:12:19.280 --> 01:12:20.280 Nothing. 01:12:20.280 --> 01:12:21.960 I was totally excluded from it. 01:12:21.960 --> 01:12:27.280 Whatever anybody would have said in those closed sessions, I've been in closed sessions. 01:12:27.280 --> 01:12:31.640 I know what is said about people outside sometimes. 01:12:31.640 --> 01:12:33.400 I hope that didn't happen. 01:12:33.400 --> 01:12:36.400 That's all I can say. 01:12:36.400 --> 01:12:39.640 Anything else? 01:12:39.640 --> 01:12:42.080 Oh, the closed session. 01:12:42.080 --> 01:12:45.240 This is a complaint against an employee. 01:12:45.240 --> 01:12:46.400 So what is the remedy? 01:12:46.400 --> 01:12:51.200 The remedy is, as Mr. Tramberg suggested, you do nothing. 01:12:51.200 --> 01:12:55.920 You let it go, see what's going to happen. 01:12:55.920 --> 01:13:02.000 If you do instead look at it and see something that needs to be done, then you either discipline 01:13:02.000 --> 01:13:06.320 or God forbid, do go further than that. 01:13:06.320 --> 01:13:14.440 There is a procedure in the Brown Act for dealing with that issue. 01:13:14.440 --> 01:13:18.620 This is a complaint that would result in a disciplinary action. 01:13:18.620 --> 01:13:24.640 You can, under the Brown Act, meet and to consider disciplinary action. 01:13:24.640 --> 01:13:28.560 This is the first step of that. 01:13:28.560 --> 01:13:35.440 If you do that, you can meet and all it has to say is discipline. 01:13:35.440 --> 01:13:36.920 It doesn't have to name the employee. 01:13:36.920 --> 01:13:39.640 It doesn't have to do anything else. 01:13:39.640 --> 01:13:44.560 I think there was a possibility of a closed session, but that's gone. 01:13:44.560 --> 01:13:47.440 The employee has said that they're willing to do an open session. 01:13:47.440 --> 01:13:49.840 I'm perfectly happy with that. 01:13:49.840 --> 01:13:51.840 I am perfectly fine with it. 01:13:51.840 --> 01:13:56.920 I am an advocate for public, but I didn't want, again, I didn't want it to go in closed 01:13:56.920 --> 01:14:01.520 session and I, you know, I don't know. 01:14:01.520 --> 01:14:05.680 If it's in closed session, actually that's fine with me too. 01:14:05.680 --> 01:14:09.000 Whatever. 01:14:09.000 --> 01:14:10.000 Any questions? 01:14:10.000 --> 01:14:13.200 Should I keep, I think I'm finished. 01:14:13.200 --> 01:14:18.880 Tramberg, Mr. Tramberg, we do have a lot to work out and one of those unfortunately is 01:14:18.880 --> 01:14:21.240 you, is suggesting that you investigate this. 01:14:21.240 --> 01:14:29.960 I think if we look at some of those, the complaints, I don't think that, there's a problem there. 01:14:29.960 --> 01:14:30.960 Thanks. 01:14:30.960 --> 01:14:31.960 Sorry. 01:14:31.960 --> 01:14:32.960 Thank you. 01:14:32.960 --> 01:14:40.440 That last comment, Janelle, was that, you don't think Mr. Tramberg should look into 01:14:40.440 --> 01:14:41.440 it? 01:14:41.440 --> 01:14:42.440 Is that what you said? 01:14:42.440 --> 01:14:47.440 That would have to be looked at closely. 01:14:47.440 --> 01:14:50.440 Let's put it that way. 01:14:50.440 --> 01:14:51.440 Okay. 01:14:51.440 --> 01:14:53.440 Look into it. 01:14:53.440 --> 01:14:55.440 A couple of things. 01:14:55.440 --> 01:15:00.440 I guess we resolved the first issue, that threshold issue. 01:15:00.440 --> 01:15:06.400 So at least now that's no longer a stumbling block. 01:15:06.400 --> 01:15:14.400 Whether or not we could address this topic in closed session, I agree that the Brown 01:15:14.400 --> 01:15:20.080 Act allows personnel matters generally to be discussed in closed session. 01:15:20.080 --> 01:15:25.200 But what I'm talking about is way before anything is to be discussed in closed session. 01:15:25.200 --> 01:15:32.340 I'm talking about when tomorrow morning I, at your direction, start talking to people 01:15:32.340 --> 01:15:35.000 about the allegations. 01:15:35.000 --> 01:15:40.800 We're not talking about whether I think there's a nice little package that I want to present 01:15:40.800 --> 01:15:47.160 that you might want to hear in closed session unless the employee asks for it to be an open 01:15:47.160 --> 01:15:48.160 session. 01:15:48.160 --> 01:15:55.280 I'm talking about now how we handle this. 01:15:55.280 --> 01:15:59.960 When I offered to do this, I didn't rush in. 01:15:59.960 --> 01:16:06.760 I realized there are some inherent problems with a city person investigating a city person 01:16:06.760 --> 01:16:08.840 in these allegations. 01:16:08.840 --> 01:16:13.920 The only alternative, it seems to me, is we hire somebody from outside the organization. 01:16:13.920 --> 01:16:19.360 And you're perfectly, I was going to say you're free to do that, but it's not free. 01:16:19.360 --> 01:16:20.440 That's the point. 01:16:20.440 --> 01:16:29.440 You're going to hire somebody that does this for a living, and you'll be put on their list 01:16:29.440 --> 01:16:33.560 and when it's our turn they'll come to town and they'll interview people. 01:16:33.560 --> 01:16:40.400 And it'll be a fact-driven, fairly intense thing, I would think, and you'll be billed 01:16:40.400 --> 01:16:41.400 accordingly. 01:16:41.400 --> 01:16:43.080 That doesn't make it right or wrong. 01:16:43.080 --> 01:16:46.160 I just think it's fair that you understand. 01:16:46.160 --> 01:16:51.200 That will probably take longer and certainly will be more expensive. 01:16:51.200 --> 01:16:57.120 I fully appreciate that there is always the possibility that when a city staff person 01:16:57.120 --> 01:17:05.120 looks into a city staff person, there is the belief at the end that it was all just whitewashed 01:17:05.120 --> 01:17:07.720 and swept under the rug. 01:17:07.720 --> 01:17:14.280 There's a procedure, I guess the chief left, but there's a procedure in state law that 01:17:14.280 --> 01:17:19.200 requires police departments to investigate complaints that citizens make about one of 01:17:19.200 --> 01:17:21.480 their own officers. 01:17:21.480 --> 01:17:27.160 And at the end of that process, I'll hazard a guess that nine out of ten complainants 01:17:27.160 --> 01:17:29.000 are not happy with the result. 01:17:29.000 --> 01:17:32.560 Well, you just have the sergeant investigate the officer. 01:17:32.560 --> 01:17:36.960 We knew he was going to say that the officer did nothing wrong. 01:17:36.960 --> 01:17:43.820 So I appreciate that the possibility that not all people will be happy with whatever 01:17:43.820 --> 01:17:48.320 I do certainly exists. 01:17:48.320 --> 01:17:53.200 All I can say is I work for you folks, I will do the best job I can. 01:17:53.200 --> 01:17:57.000 And that's all we can do. 01:17:57.000 --> 01:17:58.480 Are we still open for discussion? 01:17:58.480 --> 01:17:59.480 Yeah, we're still open in public. 01:17:59.480 --> 01:18:05.440 We're still in public if we want, but you can talk during that if you want. 01:18:05.440 --> 01:18:10.480 I realize there will be a cost for your services also. 01:18:10.480 --> 01:18:14.960 Yes. 01:18:14.960 --> 01:18:16.240 We're on the same wavelength. 01:18:16.240 --> 01:18:24.680 The good news is my hourly rate is considerably less than somebody coming in from out of the 01:18:24.680 --> 01:18:25.680 area. 01:18:25.680 --> 01:18:26.680 All right. 01:18:26.680 --> 01:18:30.720 That brings the question, are there people in the profession that deal solely with this 01:18:30.720 --> 01:18:39.440 kind of issue for an investigator or as an attorney or did we just put an RFP out to 01:18:39.440 --> 01:18:43.600 all those attorneys that might be interested in handling this for us? 01:18:43.600 --> 01:18:50.320 I wouldn't do that, but I doubt you're going to find, I doubt you're going to easily find 01:18:50.320 --> 01:18:59.080 somebody with experience in election law, Fortuna Municipal Code, the Brown Act, the 01:18:59.080 --> 01:19:00.880 Public Record Act. 01:19:00.880 --> 01:19:08.360 Certainly there are attorneys and others who are quite expert at the election code and 01:19:08.360 --> 01:19:11.680 investigations concerning the election code. 01:19:11.680 --> 01:19:17.440 And there are some that are very expert at the Public Records Act, but have no idea about 01:19:17.440 --> 01:19:19.120 election law. 01:19:19.120 --> 01:19:25.680 So I can't say that I've thought of a person or even a trade. 01:19:25.680 --> 01:19:34.040 There are human resource people that are frequently brought in when there's an allegation of sexual 01:19:34.040 --> 01:19:39.800 harassment or some discrimination because they are more trained and experienced in personnel 01:19:39.800 --> 01:19:41.080 matters. 01:19:41.080 --> 01:19:43.280 This isn't really that. 01:19:43.280 --> 01:19:49.760 I think bringing in a lawyer isn't necessarily necessary and would probably be way more expensive 01:19:49.760 --> 01:19:50.760 than someone else. 01:19:50.760 --> 01:20:01.400 I mean, I suppose you could think about a respected retired judge or a mediator of some 01:20:01.400 --> 01:20:03.440 sort. 01:20:03.440 --> 01:20:08.160 Although mediators don't always engage in fact finding it, they have a little different 01:20:08.160 --> 01:20:09.160 slant. 01:20:09.160 --> 01:20:17.720 But I mean, there are people that are out there that are available for hire that are 01:20:17.720 --> 01:20:22.240 in the business of trying to resolve disputes and sort things out. 01:20:22.240 --> 01:20:29.520 I wonder if the League of California Cities has a council that could help us on this. 01:20:29.520 --> 01:20:33.400 I certainly could inquire of them. 01:20:33.400 --> 01:20:40.560 And there are investigators out there that are well versed in administrative investigations 01:20:40.560 --> 01:20:47.440 that we could hire to do the investigation and bring those results back to you or to 01:20:47.440 --> 01:20:50.440 us. 01:20:50.440 --> 01:20:56.800 I don't know that we're at that point though to talk about those kinds of things. 01:20:56.800 --> 01:21:04.280 I think it would be important still now that the confidentiality issue has been resolved 01:21:04.280 --> 01:21:13.400 for you, Mr. Tranberg, at our direction to sit down with the complainant and find out 01:21:13.400 --> 01:21:16.600 exactly what the issues are here. 01:21:16.600 --> 01:21:22.280 Because in reading the complainants, it's rather broad. 01:21:22.280 --> 01:21:26.760 Some of them are just there's no specifics to them. 01:21:26.760 --> 01:21:33.560 If there isn't anything that's going to happen, even if there is an investigation, then why 01:21:33.560 --> 01:21:39.520 would we spin our wheels, so to speak, in looking at those kinds of issues? 01:21:39.520 --> 01:21:41.560 I don't think that that's necessary. 01:21:41.560 --> 01:21:49.120 So I think we need to more focus on specific complaints and what those are. 01:21:49.120 --> 01:21:54.680 And the only way I know to do that at this point is for somebody to sit down with her 01:21:54.680 --> 01:21:58.360 and find out what those specific issues are. 01:21:58.360 --> 01:22:05.720 And I think, at least in my opinion, and I know that that won't make Janelle happy, but 01:22:05.720 --> 01:22:12.880 I think that maybe that would be something that would be best done by yourself and she. 01:22:12.880 --> 01:22:19.560 And if I do that, I could perhaps come back and sort of have prioritized at least what, 01:22:19.560 --> 01:22:26.160 in my opinion, are kind of current issues that we could sink our teeth into, as Councilman 01:22:26.160 --> 01:22:34.100 Long indicates, where all of these have some element of the past, but some appear to be 01:22:34.100 --> 01:22:38.520 sort of ongoing or have the possibility of being ongoing. 01:22:38.520 --> 01:22:46.000 For example, I think the municipal code violations are a little more forward-looking, whereas 01:22:46.000 --> 01:22:51.480 the allegation that something was done wrong in 2006. 01:22:51.480 --> 01:22:55.840 And there might be some additional information to come from the complainant with regard to 01:22:55.840 --> 01:22:57.400 that particular issue. 01:22:57.400 --> 01:23:04.880 It might be that the ordinance was passed in 2006, but there's a current issue that 01:23:04.880 --> 01:23:07.420 she's actually speaking of. 01:23:07.420 --> 01:23:13.220 So that, you know, there's a lot here that I think needs to be focused and some information 01:23:13.220 --> 01:23:16.240 that you can obtain and then bring back. 01:23:16.240 --> 01:23:17.240 Janelle? 01:23:17.240 --> 01:23:18.240 Thank you. 01:23:18.240 --> 01:23:19.240 I agree. 01:23:19.240 --> 01:23:22.240 We don't need to hire an investigator. 01:23:22.240 --> 01:23:26.960 I have no, no, no vision of investigations. 01:23:26.960 --> 01:23:33.440 Again, I'm going to tell you that this is a complaint against an employee, that each 01:23:33.440 --> 01:23:36.640 of you are perfectly capable. 01:23:36.640 --> 01:23:38.760 I am not an attorney. 01:23:38.760 --> 01:23:43.400 And I was perfectly capable of looking at all of these issues and saying something's 01:23:43.400 --> 01:23:46.960 wrong here. 01:23:46.960 --> 01:23:50.760 On the complaint itself, I said, I'll give you more information. 01:23:50.760 --> 01:23:52.360 I'll give you supporting information. 01:23:52.360 --> 01:23:54.960 And I've been working on that. 01:23:54.960 --> 01:23:59.000 And I have some. 01:23:59.000 --> 01:24:00.920 I don't have to give it to you all at once. 01:24:00.920 --> 01:24:07.360 I have been working very diligently trying to get each one of these things into a one-page 01:24:07.360 --> 01:24:11.320 or less statement with a couple supporting documents. 01:24:11.320 --> 01:24:13.400 And that's it. 01:24:13.400 --> 01:24:16.840 And that's all I'm asking for is for you to look at it. 01:24:16.840 --> 01:24:27.680 Again, Mr. Tramberg, some of these items, some of these items, Mr. Tramberg, you could 01:24:27.680 --> 01:24:32.600 have been involved in the, you could have been, the complaint could have been against 01:24:32.600 --> 01:24:34.880 you also. 01:24:34.880 --> 01:24:41.840 So I honestly, I'm sorry that you play a role in some of these. 01:24:41.840 --> 01:24:47.920 And if we can separate them out and I can go through and pull those ones out, then maybe 01:24:47.920 --> 01:24:52.200 the other ones, if the city wants you to look at them, that would be fine. 01:24:52.200 --> 01:24:56.080 But there's a couple that you play a role in. 01:24:56.080 --> 01:25:00.680 It's not a matter of at the end of the day because you work for the city. 01:25:00.680 --> 01:25:03.200 It's not that at all. 01:25:03.200 --> 01:25:09.440 If it was, you know, all of these people have an opinion of me. 01:25:09.440 --> 01:25:15.480 All of these people, some of these have great political differences with me. 01:25:15.480 --> 01:25:16.480 There's lots of things. 01:25:16.480 --> 01:25:22.480 But the system is I have to, you know, they're the ones that have to make the decision. 01:25:22.480 --> 01:25:28.200 And that's what I've chosen to do and that's what I accept. 01:25:28.200 --> 01:25:33.240 And if you choose, if you ask another employee to do it, then that's fine as long as they 01:25:33.240 --> 01:25:39.840 were not involved in the issues themselves, another city employee. 01:25:39.840 --> 01:25:44.120 Although your city employees are awfully overworked to deal with this. 01:25:44.120 --> 01:25:51.840 So actually my idea is, and I will throw this out, is that if I get you the stuff, you all, 01:25:51.840 --> 01:25:55.680 Mr. Tamber can double check this, you can consider it yourself. 01:25:55.680 --> 01:25:58.080 You can do it in closed session. 01:25:58.080 --> 01:26:03.040 You can go through the stuff and hash it out. 01:26:03.040 --> 01:26:07.240 All I ask is if the employee is there, that I'm there also. 01:26:07.240 --> 01:26:08.240 Thanks. 01:26:08.240 --> 01:26:13.240 Thank you, Gina. 01:26:13.240 --> 01:26:27.280 Mr. Mayor, if I might, I'm concerned that we got a complaint about one employee and 01:26:27.280 --> 01:26:32.400 when I've offered to assist the council in looking into it, now the assertion is that 01:26:32.400 --> 01:26:35.640 I'm in the middle of some of those complaints. 01:26:35.640 --> 01:26:38.760 And you know, I can't investigate myself. 01:26:38.760 --> 01:26:46.120 I know I'm good, but you know, in all fairness, you wouldn't want a report from me that says 01:26:46.120 --> 01:26:49.480 I was perfect. 01:26:49.480 --> 01:26:53.280 So now I think we're back to square one. 01:26:53.280 --> 01:26:59.520 And all I can suggest is let me make some phone calls, see if I might come up with a 01:26:59.520 --> 01:27:07.320 name or two, a budget or two, some ideas. 01:27:07.320 --> 01:27:14.640 There really are no other city employees that have the job description receive this kind 01:27:14.640 --> 01:27:15.640 of a complaint. 01:27:15.640 --> 01:27:21.680 And when you're not doing building inspections, look into these things, for example. 01:27:21.680 --> 01:27:28.560 It's going to take somebody with some degree of training and skill. 01:27:28.560 --> 01:27:34.880 As far as it being done in the Brown Act, the Brown Act says that employee performance 01:27:34.880 --> 01:27:41.160 evaluations and discipline and hiring can be done in closed session unless the employee 01:27:41.160 --> 01:27:45.200 requests it to be done in open session. 01:27:45.200 --> 01:27:52.760 Having talked to this employee, he has requested and will request that it be done in open session. 01:27:52.760 --> 01:27:57.960 So the option of doing it discreetly in the closed session does not exist. 01:27:57.960 --> 01:28:04.320 I would also point out that this employee has a contract with the city that allows him 01:28:04.320 --> 01:28:14.000 to hire an attorney at the city's expense when certain allegations are made. 01:28:14.000 --> 01:28:21.840 A number of years ago when Debbie August was the subject of some investigation, it sort 01:28:21.840 --> 01:28:30.120 of became common for city managers and perhaps city attorneys and others to feel a need for 01:28:30.120 --> 01:28:34.020 some defense when allegations are made. 01:28:34.020 --> 01:28:40.920 And so the farther this goes and the bigger it gets as the ripples go out, the expense 01:28:40.920 --> 01:28:43.120 meter is going to keep running. 01:28:43.120 --> 01:28:51.840 What I'm suggesting is maybe Ms. Hager can help if we can kind of keep focused. 01:28:51.840 --> 01:28:59.560 I can just say for myself, debating what happened last November doesn't hold a lot of promise 01:28:59.560 --> 01:29:01.800 or excitement for me. 01:29:01.800 --> 01:29:09.120 Whatever happened happened, I can't undo it, right or wrong, it happened. 01:29:09.120 --> 01:29:14.040 If we did something wrong, can we be better at the next election cycle? 01:29:14.040 --> 01:29:15.040 Sure. 01:29:15.040 --> 01:29:20.760 But I just don't know what we could do to remedy that kind of a complaint. 01:29:20.760 --> 01:29:27.920 And so to me, that would be quite a bit lower on the process. 01:29:27.920 --> 01:29:33.840 I would rather, and I'm only speaking for myself, devote the energy to more ongoing 01:29:33.840 --> 01:29:40.040 things where we could have an impact on the relationship. 01:29:40.040 --> 01:29:46.080 And to me, those are more the municipal code kinds of complaints than something that occurred 01:29:46.080 --> 01:29:50.320 years ago. 01:29:50.320 --> 01:29:53.680 So my suggestion now has changed. 01:29:53.680 --> 01:29:59.640 You might have noticed I was not rushing in and saying, would you please hire me? 01:29:59.640 --> 01:30:01.200 So let me take a step back. 01:30:01.200 --> 01:30:07.400 Let me see if I can find a few names of what at least I would consider to be respected 01:30:07.400 --> 01:30:13.520 folks, retired judges or fishing game wardens. 01:30:13.520 --> 01:30:17.320 Don't trust that. 01:30:17.320 --> 01:30:20.560 Maybe I can find a name or two that you might consider. 01:30:20.560 --> 01:30:27.560 Well, and if I understand Janelle's offer to bring these items forward to the council, 01:30:27.560 --> 01:30:37.000 I'm not sure that that's the best route to go in all fairness to the employee. 01:30:37.000 --> 01:30:41.520 I don't think that that should happen. 01:30:41.520 --> 01:30:49.880 Well I think you certainly know from the line of work that you're in that there are frequently 01:30:49.880 --> 01:30:57.760 two or more sides to a story and not all witnesses have exactly the same recollection or perspective. 01:30:57.760 --> 01:31:05.240 And staff is not at all opposed to anybody giving the council anything, but you're all 01:31:05.240 --> 01:31:12.160 busy folks and for you to sort through it and try to understand it and then sort out 01:31:12.160 --> 01:31:17.360 what's there is something that typically your staff helps you do. 01:31:17.360 --> 01:31:22.240 Not something that we would want even to get involved in. 01:31:22.240 --> 01:31:27.720 Yeah, the allegations reading through them are vague and they need a lot more meat on 01:31:27.720 --> 01:31:31.640 the bone so to speak and it sounds like we have an amended complaint tonight against 01:31:31.640 --> 01:31:37.120 another city employee so that pretty much in my mind puts you out of the running for 01:31:37.120 --> 01:31:40.640 the chief investigator on this issue. 01:31:40.640 --> 01:31:43.640 Thank you. 01:31:43.640 --> 01:31:45.080 I don't mean to make fun of you. 01:31:45.080 --> 01:31:53.480 The cost is going to cost to do this right for the employee and for Ms. Eggers, but when 01:31:53.480 --> 01:31:58.800 it comes time for the budget we'll just have to adjust the figures accordingly. 01:31:58.800 --> 01:32:11.800 I agree I think at this point if you could bring those names back to us, several options. 01:32:11.800 --> 01:32:17.520 I hate to spend taxpayer money, but I also think we have an obligation to the public 01:32:17.520 --> 01:32:21.360 to investigate when they make a complaint. 01:32:21.360 --> 01:32:25.200 So if we can't do it as a council in closed session on our own then I guess we have to 01:32:25.200 --> 01:32:31.360 hire somebody. 01:32:31.360 --> 01:32:35.160 Is that a possibility of having more information presented and going through some of the points 01:32:35.160 --> 01:32:37.760 in closed session before we hire somebody? 01:32:37.760 --> 01:32:42.440 Meaning which ones we could maybe deal with, which ones we want more information on? 01:32:42.440 --> 01:32:49.120 The employee has indicated that he chooses to exercise his right under the Brown Act 01:32:49.120 --> 01:32:53.960 to have any discussion of specific charges heard in public. 01:32:53.960 --> 01:32:56.680 So it is not an option. 01:32:56.680 --> 01:33:01.160 So can we do the same thing in public and if we get more information and go through 01:33:01.160 --> 01:33:06.880 it and figure out which ones we want investigated and which ones we want to maybe say well we 01:33:06.880 --> 01:33:11.000 can't, don't feel we can do anything about this one but let's hire somebody to investigate 01:33:11.000 --> 01:33:17.960 ABC whatever so that we're not spending money on the ones that we think should just, that 01:33:17.960 --> 01:33:22.160 are vague, that we can't, that we don't feel like we can find anything? 01:33:22.160 --> 01:33:32.960 If Ms. Eger is able to submit a page or two on each of the 13 complaints then that might 01:33:32.960 --> 01:33:38.880 be of great assistance in at least getting a sense of what you could or couldn't do 01:33:38.880 --> 01:33:41.560 about the 13 complaints. 01:33:41.560 --> 01:33:43.120 Some of the complaints we can handle ourselves. 01:33:43.120 --> 01:33:44.120 That's how I feel. 01:33:44.120 --> 01:33:48.600 I don't think we need to hire somebody to investigate every single one so maybe we should 01:33:48.600 --> 01:33:55.280 narrow them down to what we want someone to, hire someone to investigate. 01:33:55.280 --> 01:33:59.160 And I'm not in any position to offer an opinion to any of those. 01:33:59.160 --> 01:34:03.720 I have the same two pages that you have and not much more. 01:34:03.720 --> 01:34:10.160 As long as those pages are, the information is very direct, succinct. 01:34:10.160 --> 01:34:15.720 Well, if we can't do it, we say we can't do it and we hope to hire somebody. 01:34:15.720 --> 01:34:20.520 But we can try that first. 01:34:20.520 --> 01:34:26.760 If we're going to do that just so I'm clear, do I play any role as an intermediary or assistant 01:34:26.760 --> 01:34:32.880 in some way or is Ms. Eger going to give each of you a packet with information that? 01:34:32.880 --> 01:34:38.400 Well, if it's going to be open session, wouldn't she just submit it as part of the agenda? 01:34:38.400 --> 01:34:40.960 Well, not if I don't get it. 01:34:40.960 --> 01:34:45.200 I'm not clear exactly how this is going to work. 01:34:45.200 --> 01:34:46.600 Who puts the agenda together? 01:34:46.600 --> 01:34:48.040 Because I don't know that. 01:34:48.040 --> 01:34:49.040 Linda. 01:34:49.040 --> 01:34:51.760 So can she bring it all to Linda and she puts it in the agenda packet or what? 01:34:51.760 --> 01:34:56.080 If she's willing to do that, sure. 01:34:56.080 --> 01:34:59.440 We invited Ms. Eger to submit stuff to you and that's fine. 01:34:59.440 --> 01:35:06.000 I just want to clarify, do you want me to also get that and be able to help you going 01:35:06.000 --> 01:35:11.720 through it or because I might be part of the complaint, you want me to stay out of it? 01:35:11.720 --> 01:35:13.880 Well, yeah. 01:35:13.880 --> 01:35:18.880 You are part of the complaint and it would take any outcome or recommendation that you 01:35:18.880 --> 01:35:19.880 would make. 01:35:19.880 --> 01:35:23.120 So we need a separated party here. 01:35:23.120 --> 01:35:26.120 Cheryl. 01:35:26.120 --> 01:35:39.800 As the city's personnel director, we go through similar processes like this on a pretty regular 01:35:39.800 --> 01:35:49.340 basis and what we would do is have, in this case, the person wants an open meeting. 01:35:49.340 --> 01:35:50.960 It doesn't have to be a council meeting. 01:35:50.960 --> 01:35:56.600 It can be a special meeting with just this as a topic and in this case, the complainant 01:35:56.600 --> 01:36:03.800 would present their information and the employee would present their information. 01:36:03.800 --> 01:36:09.080 Just to you, either one can have an attorney present or a representative present and you 01:36:09.080 --> 01:36:12.680 would get that information and then decide what you wanted to do from there. 01:36:12.680 --> 01:36:16.960 Would that information be given to us ahead of time like our agendas are or would it just 01:36:16.960 --> 01:36:19.800 be at that actual meeting? 01:36:19.800 --> 01:36:24.880 When we do it in personnel, it's given to you at the meeting and then you don't necessarily 01:36:24.880 --> 01:36:30.040 have to make a decision on it right at that time but you would, that way the people are 01:36:30.040 --> 01:36:31.120 facing each other. 01:36:31.120 --> 01:36:36.400 They can say what they have to say, ask questions of each other. 01:36:36.400 --> 01:36:44.760 You can ask questions of either of them or get clarification. 01:36:44.760 --> 01:36:51.920 Just a suggestion of how we do it on a routine basis. 01:36:51.920 --> 01:36:55.960 What might be better to have a special meeting than to take up a whole night of agenda, you 01:36:55.960 --> 01:37:00.360 know, times our agenda takes a while and if we don't get started on that until 8 o'clock, 01:37:00.360 --> 01:37:05.120 we could be here for a long time which I can do that if that's what we want to do but maybe 01:37:05.120 --> 01:37:08.680 a special meeting would be better. 01:37:08.680 --> 01:37:16.280 Yeah, a special meeting would be good. 01:37:16.280 --> 01:37:20.400 It was one time when I was on the council, we had one of the, we ended up having to make 01:37:20.400 --> 01:37:31.200 a decision on an employee and as a council, we should have some sort of representation 01:37:31.200 --> 01:37:38.640 to keep us informed on the legalities of personnel issues because we don't want to step up and 01:37:38.640 --> 01:37:43.280 step over any boundaries when we're dealing on personnel because there are some state 01:37:43.280 --> 01:37:46.640 laws and stuff, what we can say, what we can't say. 01:37:46.640 --> 01:37:50.520 So I like the idea of getting the information, having a meeting together and us making the 01:37:50.520 --> 01:37:56.760 decision without having to hire everybody but if David is no longer our attorney, we 01:37:56.760 --> 01:38:02.080 probably should look for somebody that could give us the advice that we need before we 01:38:02.080 --> 01:38:06.920 sit in judgment on this thing too. 01:38:06.920 --> 01:38:13.480 See if there's going to be other attorneys in the room. 01:38:13.480 --> 01:38:16.080 Now we've taken another unexpected turn. 01:38:16.080 --> 01:38:17.080 Yeah. 01:38:17.080 --> 01:38:22.440 I mean, I don't mean to make light of it but it's getting worse and worse by the minute 01:38:22.440 --> 01:38:28.240 because now the assertion is that I'm in the middle of some of these complaints. 01:38:28.240 --> 01:38:31.080 Really I can't represent you folks. 01:38:31.080 --> 01:38:41.680 So first, we need to find a lawyer that will represent the city council. 01:38:41.680 --> 01:38:49.240 I suppose we've been very discreet in not naming the city employee but I guess, well, 01:38:49.240 --> 01:38:56.440 let me just say the contract with that employee says, in addition to that required under state 01:38:56.440 --> 01:39:03.920 and local law, employer shall defend, save harmless, indemnify employee against any tort 01:39:03.920 --> 01:39:09.280 professional liability claim or demand or other civil legal action, whether groundless 01:39:09.280 --> 01:39:16.920 or otherwise, arising out of an alleged act or a mission occurring in the performance 01:39:16.920 --> 01:39:20.760 of the employee's duties. 01:39:20.760 --> 01:39:31.400 I believe you will get a demand from the employee to pay for his lawyer. 01:39:31.400 --> 01:39:36.680 So now you're going to have two new lawyers come in. 01:39:36.680 --> 01:39:42.720 I don't know if the complainant will want a lawyer, perhaps feeling a need to have equal 01:39:42.720 --> 01:39:47.000 footing or what have you. 01:39:47.000 --> 01:39:52.200 She will want to hire a lawyer and the lawyer or somebody that I've been talking about up 01:39:52.200 --> 01:39:58.240 to this point was not so much a lawyer as a fact finder. 01:39:58.240 --> 01:40:05.280 So I mean, we're talking about hiring a bunch of people at considerable expense to the city 01:40:05.280 --> 01:40:09.480 and I can say this because I'm a lawyer. 01:40:09.480 --> 01:40:14.520 Nobody ever hires a lawyer because they want problems resolved quickly and cheaply. 01:40:14.520 --> 01:40:23.600 I mean, I would just hazard a guess you're talking about three or four months and multiples 01:40:23.600 --> 01:40:26.600 of my earlier opinion as to what it would cost. 01:40:26.600 --> 01:40:28.600 Do you know? 01:40:28.600 --> 01:40:34.000 Mr. Tranberg, did you read that part of the contract again? 01:40:34.000 --> 01:40:39.720 It talked about lawsuits and torts and all kinds of really scary things, but I'm wondering 01:40:39.720 --> 01:40:42.000 if we're talking about any of the things that you... 01:40:42.000 --> 01:40:45.040 Could you read it again slowly? 01:40:45.040 --> 01:40:52.160 In addition to that required under state and local law, employer shall defend, save harmless, 01:40:52.160 --> 01:40:59.800 indemnify employee against any tort, professional liability claim or demand or other civil legal 01:40:59.800 --> 01:41:06.240 action whether groundless or otherwise arising out of an alleged act or a mission occurring 01:41:06.240 --> 01:41:14.200 in the performance of employees duties. 01:41:14.200 --> 01:41:17.960 I haven't filed any action. 01:41:17.960 --> 01:41:21.720 There's no tort, there's no civil action, there's nothing at this point. 01:41:21.720 --> 01:41:24.720 At this point? 01:41:24.720 --> 01:41:26.480 Exactly. 01:41:26.480 --> 01:41:29.820 I appreciate there is no lawsuit filed now. 01:41:29.820 --> 01:41:36.880 We're setting in motion certain things over which we are quickly going to lose all control. 01:41:36.880 --> 01:41:39.360 And sometimes that's okay. 01:41:39.360 --> 01:41:47.360 I'm simply pointing out that if the employee feels that there is this kind of exposure 01:41:47.360 --> 01:41:53.560 in his mind, not my mind, not Ms. Ager's mind, not in your minds, if he believes in his mind 01:41:53.560 --> 01:41:59.640 that there is this kind of exposure, he would probably be well advised to get a lawyer right 01:41:59.640 --> 01:42:06.440 now and start getting organized and prepared because what is going to come in the future 01:42:06.440 --> 01:42:07.440 is unknown. 01:42:07.440 --> 01:42:14.100 This is, like we say, it keeps growing. 01:42:14.100 --> 01:42:22.280 If we were to take this complaint in the form of somebody getting up in public comment period 01:42:22.280 --> 01:42:29.360 and giving us information, if we were to get all this information clearer to us, could 01:42:29.360 --> 01:42:36.040 we handle it as a counsel under evaluation or because it was a written complaint it has 01:42:36.040 --> 01:42:40.960 to be handled as a complaint or could we just take it under advisement when we decide on 01:42:40.960 --> 01:42:46.160 how we evaluate the person? 01:42:46.160 --> 01:42:53.720 I think the Brown Act is clear, you are certainly entitled to evaluate your employees in closed 01:42:53.720 --> 01:42:54.760 session. 01:42:54.760 --> 01:43:01.600 You can evaluate my performance and say I'm doing a good job or I'm doing a crummy job 01:43:01.600 --> 01:43:05.280 and you want me to improve here or there or what have you. 01:43:05.280 --> 01:43:09.440 That does not involve specific charges or allegations. 01:43:09.440 --> 01:43:15.960 In this case, you do have specific allegations and charges and I don't know how you could 01:43:15.960 --> 01:43:23.960 meet in closed session and say we are simply evaluating the employee's performance but 01:43:23.960 --> 01:43:28.560 we are not hearing or evaluating specific charges. 01:43:28.560 --> 01:43:33.640 That's the whole nature of what you have been presented with is specific charges. 01:43:33.640 --> 01:43:38.920 Even though they remain to be vague in nature. 01:43:38.920 --> 01:43:40.580 Some of them are very specific. 01:43:40.580 --> 01:43:42.160 Some are quite vague. 01:43:42.160 --> 01:43:44.920 Some are very specific. 01:43:44.920 --> 01:43:58.440 For example, failure to follow counsel direction in resolution 2006-25 regarding sending notices. 01:43:58.440 --> 01:44:04.360 That was the resolution that this counsel adopted five years ago setting the public 01:44:04.360 --> 01:44:12.840 well, some of you adopted five years ago noticing the public hearing to set water and sewer rates 01:44:12.840 --> 01:44:24.160 and that resolution among other things directed the city manager to send out notices. 01:44:24.160 --> 01:44:29.800 That one is I'm not sure exactly what the allegation is but that's somewhat compact 01:44:29.800 --> 01:44:35.680 and we would think we could quickly and easily develop information whether notices were sent 01:44:35.680 --> 01:44:39.040 out or not. 01:44:39.040 --> 01:44:45.240 Under Prop 218, if the notices were improper, the time for doing anything about it has long 01:44:45.240 --> 01:44:47.040 since come and gone. 01:44:47.040 --> 01:44:50.480 I think it's maybe a three year statute. 01:44:50.480 --> 01:44:55.000 So again, I mean we could throw ourselves on the sword and say we did it wrong and we'll 01:44:55.000 --> 01:45:07.680 do it better but in terms of what happened then, we can't really unring the bell. 01:45:07.680 --> 01:45:09.880 Let me just say so we don't go on forever. 01:45:09.880 --> 01:45:17.720 I still think the most promising thing at the moment is for Ms. Ager to try to as concisely 01:45:17.720 --> 01:45:20.560 as possible put her thoughts together. 01:45:20.560 --> 01:45:26.440 Who it gets presented to, we'll kind of figure out later but somebody is going to have to 01:45:26.440 --> 01:45:32.600 know what the substance of those things are and let me come back with a couple names. 01:45:32.600 --> 01:45:39.280 Dennis, do you have something you want to say? 01:45:39.280 --> 01:45:43.960 Dennis went 1660 Newburgh and one of them was just what you said. 01:45:43.960 --> 01:45:54.160 Have Janelle come in with an amended complaint that are specific and I don't know whether 01:45:54.160 --> 01:45:58.640 we, I mean we don't need to be, I don't think we need to be hiring attorneys right now. 01:45:58.640 --> 01:46:04.440 I think that it sounds to me like she's willing to work with the city, try to get these things 01:46:04.440 --> 01:46:12.960 resolved and so maybe a suggestion would be that she sits down with the police chief or 01:46:12.960 --> 01:46:19.480 one of the sergeants or somebody like that that isn't a part of this but is still a city 01:46:19.480 --> 01:46:28.840 employee, get these things to them and then how they get to the council. 01:46:28.840 --> 01:46:35.600 Like I say, as Mr. Cranberg says, you may have to have somebody to give you advice on 01:46:35.600 --> 01:46:40.840 how to handle this thing but I don't think you need to hire a couple of attorneys to 01:46:40.840 --> 01:46:44.000 spend thousands of dollars on this thing at this point. 01:46:44.000 --> 01:46:51.600 I think there's a way to get to a solution without doing all that. 01:46:51.600 --> 01:46:52.600 Just a suggestion. 01:46:52.600 --> 01:46:58.000 I just think that before we get this thing blown out of proportion that she would get 01:46:58.000 --> 01:47:05.440 the complaints specific and like I say have somebody that works for the city such as like 01:47:05.440 --> 01:47:09.280 say a sergeant or the chief to look at this thing. 01:47:09.280 --> 01:47:12.040 Maybe there's somebody else that you can think of. 01:47:12.040 --> 01:47:16.760 I don't know but I just think there's probably a better way to start out on this thing right 01:47:16.760 --> 01:47:20.280 now without throwing a bunch of money down the drain. 01:47:20.280 --> 01:47:21.280 Thank you. 01:47:21.280 --> 01:47:26.280 Thank you, Dennis. 01:47:26.280 --> 01:47:34.100 I kind of like the idea of Janelle can get her information together and maybe the chief 01:47:34.100 --> 01:47:36.960 of police would be the one to receive it. 01:47:36.960 --> 01:47:42.240 We do have some investigators, we have a detective or sergeant that might be able to. 01:47:42.240 --> 01:47:49.440 I don't know if that's a good idea or whether we should get the packets and we decide after 01:47:49.440 --> 01:47:51.320 we read it. 01:47:51.320 --> 01:47:55.140 That's where we got looking at. 01:47:55.140 --> 01:48:00.280 We have an assistant city manager that's in the business of doing human relations type 01:48:00.280 --> 01:48:11.080 human resources type investigation, maybe Cheryl would be the conduit between Janelle 01:48:11.080 --> 01:48:22.080 and us so we don't have to involve Mr. Tranberg until it's necessary to get an attorney. 01:48:22.080 --> 01:48:33.120 That's satisfactory to you, Janelle. 01:48:33.120 --> 01:48:43.600 You put your specifics on each of the 13 complaints in a concise statement trying to be as detailed 01:48:43.600 --> 01:48:51.000 as possible in a few words, more than you have here and then deliver those to our assistant 01:48:51.000 --> 01:49:01.880 city manager that can put those in a special meeting agenda packet for the council to review. 01:49:01.880 --> 01:49:05.080 Does that seem like a feasible to me? 01:49:05.080 --> 01:49:11.400 Sounds like a good starting point to me. 01:49:11.400 --> 01:49:13.480 If that's the case, let's do some procedural things. 01:49:13.480 --> 01:49:14.480 Let's close public comment. 01:49:14.480 --> 01:49:16.280 I make a most close public comment. 01:49:16.280 --> 01:49:17.280 Second. 01:49:17.280 --> 01:49:19.400 We move and seconded to close public comment. 01:49:19.400 --> 01:49:22.400 All in favor signify by saying aye. 01:49:22.400 --> 01:49:23.400 Aye. 01:49:23.400 --> 01:49:29.440 And then now do you want to make a motion with that direction, Ken? 01:49:29.440 --> 01:49:33.240 Because here it says to direct the attorney. 01:49:33.240 --> 01:49:43.880 Well, Mr. Mayor, I'll move that we don't have direction over city staff other than the two 01:49:43.880 --> 01:49:45.680 employees that we have here. 01:49:45.680 --> 01:49:47.680 We direct. 01:49:47.680 --> 01:49:53.640 Perhaps without a motion, what I think I heard the council say is when Ms. Eger has her information 01:49:53.640 --> 01:50:01.040 together, she will present it to the assistant city manager who will make sufficient copies 01:50:01.040 --> 01:50:04.240 and distribute one copy to each of you. 01:50:04.240 --> 01:50:08.440 Where it goes from there I think is not as clear. 01:50:08.440 --> 01:50:14.680 But at least for starters, that will be the way the information travels to the five of 01:50:14.680 --> 01:50:16.680 you. 01:50:16.680 --> 01:50:24.840 And by our next meeting you'll have maybe some other legal people that you can use names 01:50:24.840 --> 01:50:27.680 if we do decide we need somebody. 01:50:27.680 --> 01:50:34.480 I was thinking maybe as an alternative to that suggestion that I made was Mr. Wentz, 01:50:34.480 --> 01:50:41.600 that Janelle provide information to the council at which time you might decide you do or don't 01:50:41.600 --> 01:50:42.600 need help. 01:50:42.600 --> 01:50:43.600 Go from that point. 01:50:43.600 --> 01:50:44.600 Go from that point. 01:50:44.600 --> 01:50:45.600 That sounds good. 01:50:45.600 --> 01:50:46.880 There's no motion. 01:50:46.880 --> 01:50:47.880 That's just an understanding. 01:50:47.880 --> 01:50:48.880 It's a consensus. 01:50:48.880 --> 01:50:50.880 Consensus of the council. 01:50:50.880 --> 01:50:56.200 I'll have the minutes reflect that the council asked Ms. Eger to provide clarification for 01:50:56.200 --> 01:50:59.000 complaints to the assistant city manager. 01:50:59.000 --> 01:51:00.000 Thank you. 01:51:00.000 --> 01:51:01.000 There you go. 01:51:01.000 --> 01:51:02.000 Thank you. 01:51:02.000 --> 01:51:10.760 That way we're not. 01:51:10.760 --> 01:51:15.440 And what I heard was that she was going to put them together into an agenda packet for 01:51:15.440 --> 01:51:17.040 a special council meeting. 01:51:17.040 --> 01:51:20.160 Did I hear incorrectly? 01:51:20.160 --> 01:51:21.640 That's the words I said, yes. 01:51:21.640 --> 01:51:22.640 Okay. 01:51:22.640 --> 01:51:23.640 Sorry. 01:51:23.640 --> 01:51:24.640 I didn't know if they all agree to it. 01:51:24.640 --> 01:51:25.640 To my right here. 01:51:25.640 --> 01:51:26.640 Okay. 01:51:26.640 --> 01:51:27.960 Well, I didn't hear you say it. 01:51:27.960 --> 01:51:34.040 So I wanted to, I just heard the agenda, which what Linda said had only went as far as me 01:51:34.040 --> 01:51:35.040 getting you the information. 01:51:35.040 --> 01:51:38.840 So I just wanted to make sure that it was all in and out. 01:51:38.840 --> 01:51:39.840 Okay. 01:51:39.840 --> 01:51:44.920 I can see all kinds of pitfalls in this entire situation. 01:51:44.920 --> 01:51:49.840 So if this is going to be presented to the council in a meeting for you to consider, 01:51:49.840 --> 01:51:55.200 does staff have an opportunity to present information? 01:51:55.200 --> 01:52:00.240 And if you have questions about the information that you receive from wherever you receive 01:52:00.240 --> 01:52:09.240 it, might you want some advisor to help you sort through it and determine the significance 01:52:09.240 --> 01:52:12.000 of what you've received? 01:52:12.000 --> 01:52:19.000 Is there any downfall to receiving it all, going over it individually and then just having 01:52:19.000 --> 01:52:23.240 that as an agenda item to decide what we want to do, how to proceed? 01:52:23.240 --> 01:52:33.400 Well, I suppose the downside is you're going to apparently receive information as to why 01:52:33.400 --> 01:52:37.920 Ms. Ager believes there was a violation of the election code. 01:52:37.920 --> 01:52:43.280 And apparently you're not going to receive any input from city staff, why perhaps city 01:52:43.280 --> 01:52:46.480 staff does not think there was a violation. 01:52:46.480 --> 01:52:55.040 However, it's more providing additional information on the complaint that's already been filed. 01:52:55.040 --> 01:53:00.640 So it's just giving us some, you know, providing us with additional information. 01:53:00.640 --> 01:53:06.380 It's not that we're making up our minds or making a decision at that point as to exactly 01:53:06.380 --> 01:53:11.480 even what direction to go, whether we want to hire somebody. 01:53:11.480 --> 01:53:19.200 It's difficult though to make up our mind if we don't know the substance of the complaints, 01:53:19.200 --> 01:53:20.200 if there is substance. 01:53:20.200 --> 01:53:23.400 If there isn't, we might look at the complaint and say, forget it, we're not going to look 01:53:23.400 --> 01:53:24.400 at it. 01:53:24.400 --> 01:53:28.080 So I think what we're saying is we want to get the information, we want to read through 01:53:28.080 --> 01:53:33.640 it, we want to have it on the agenda to decide at that point, like Mike just said, whether 01:53:33.640 --> 01:53:39.400 there's sufficient information that we want to go forward, if we want to pick eight of 01:53:39.400 --> 01:53:43.760 the 13 things to go forward on or what we want to do at that point and then decide if 01:53:43.760 --> 01:53:48.240 we want to hire somebody or how we want to deal with it. 01:53:48.240 --> 01:53:52.760 Once we take a look at it, then I think we'll have a better idea whether we want to hire 01:53:52.760 --> 01:54:02.520 an attorney to represent us and give us direction at that point or exactly what to do. 01:54:02.520 --> 01:54:05.400 And you guys have to know we're not going to do anything without having two sides of 01:54:05.400 --> 01:54:06.400 the story. 01:54:06.400 --> 01:54:14.040 I mean, that's just, I mean, I think that's just an unspoken responsibility that we have. 01:54:14.040 --> 01:54:18.880 I'm not going to be able to participate. 01:54:18.880 --> 01:54:27.560 And the employee is entitled, I believe, to his own advocate, not necessarily a neutral 01:54:27.560 --> 01:54:35.080 city staff person trying to present information, but he's entitled or may be entitled to an 01:54:35.080 --> 01:54:41.080 advocate, which is different than, let me help you sort this stuff out. 01:54:41.080 --> 01:54:49.000 A special meeting might not be anything over and above acknowledging acceptance or receipt 01:54:49.000 --> 01:54:55.760 of the material from the Zagar and then giving direction as to we do need representation 01:54:55.760 --> 01:55:00.200 and let's see if this particular person would represent us. 01:55:00.200 --> 01:55:07.360 A special meeting wouldn't make any decisions on the information we received that night 01:55:07.360 --> 01:55:12.760 because that would have to be both sides giving us the full, so it would be just them. 01:55:12.760 --> 01:55:16.520 Well, you will be making some decision if you look at... 01:55:16.520 --> 01:55:18.480 Whether to proceed or not. 01:55:18.480 --> 01:55:23.560 Well, if you look at 13 packets of information and you decide you think there's some merit 01:55:23.560 --> 01:55:30.400 to five of them, then to some extent you have made a decision, not the ultimate decision, 01:55:30.400 --> 01:55:36.520 but you've evaluated the materials that you've received and come to some at least preliminary 01:55:36.520 --> 01:55:40.760 opinion as to the significance of what you've been presented. 01:55:40.760 --> 01:55:46.040 If you have somebody that represents you, that person might say, oh, I think there was 01:55:46.040 --> 01:55:49.580 sufficient evidence presented on all 13. 01:55:49.580 --> 01:55:55.760 Or maybe that person would say, I only see serious allegations and some facts to support 01:55:55.760 --> 01:55:57.960 one of the 13. 01:55:57.960 --> 01:56:01.240 I don't think we're going to do anything different at that special meeting than we were asked 01:56:01.240 --> 01:56:05.880 to do tonight is just to give direction on how we want to proceed. 01:56:05.880 --> 01:56:07.760 That's what we were asked to do tonight. 01:56:07.760 --> 01:56:09.760 I don't see how it's any different. 01:56:09.760 --> 01:56:13.760 Am I missing something or is... 01:56:13.760 --> 01:56:16.600 I mean, adding another step for some clarification. 01:56:16.600 --> 01:56:21.040 The part that we're missing is we're only hearing one side of the issue. 01:56:21.040 --> 01:56:24.200 But we were asked to give direction tonight based on one side of the issue. 01:56:24.200 --> 01:56:25.780 Yeah, to investigate. 01:56:25.780 --> 01:56:35.000 But now in public testimony tonight, an additional allegation came up against our source of representation. 01:56:35.000 --> 01:56:40.280 So we now have two employees that are indicted in this complaint. 01:56:40.280 --> 01:56:44.600 We still have to give direction at some point and we still need more of... 01:56:44.600 --> 01:56:48.040 We don't have anybody... 01:56:48.040 --> 01:56:52.320 We don't direct staff below our two employees. 01:56:52.320 --> 01:57:03.040 So who do we give direction to when our employees are the focus of the complaint? 01:57:03.040 --> 01:57:06.120 So by getting the additional information, we don't give direction. 01:57:06.120 --> 01:57:09.800 We're just going to decide how we want to go forward. 01:57:09.800 --> 01:57:11.680 Right? 01:57:11.680 --> 01:57:15.480 Apparently. 01:57:15.480 --> 01:57:25.320 We're asking for clarification on those particular accusations. 01:57:25.320 --> 01:57:27.320 That's what we're asking for. 01:57:27.320 --> 01:57:33.640 So is the stumbling block that the employee does not have representation and that there 01:57:33.640 --> 01:57:37.120 is concern that the employee should have representation at this meeting? 01:57:37.120 --> 01:57:39.640 Is that the stumbling block, Mr. Tramberg? 01:57:39.640 --> 01:57:41.280 That's one of the stumbling blocks. 01:57:41.280 --> 01:57:42.280 Okay. 01:57:42.280 --> 01:57:48.920 The complaint does not involve Mr. Tramberg directly. 01:57:48.920 --> 01:57:59.440 What I said is that he is a key player in a couple of the items. 01:57:59.440 --> 01:58:09.080 So if for the purposes of this meeting that we could proceed, let Mr. Tramberg come and 01:58:09.080 --> 01:58:12.040 advise the employee. 01:58:12.040 --> 01:58:15.360 And then at that point you can decide what to go next. 01:58:15.360 --> 01:58:16.360 That won't work? 01:58:16.360 --> 01:58:18.160 No, he can't advise the employee. 01:58:18.160 --> 01:58:20.000 He's our advisor. 01:58:20.000 --> 01:58:22.400 He's nobody's advisor. 01:58:22.400 --> 01:58:24.240 Right now he's nobody's. 01:58:24.240 --> 01:58:28.320 The employee is entitled to choose his own attorney. 01:58:28.320 --> 01:58:29.960 That's right. 01:58:29.960 --> 01:58:30.960 Not me. 01:58:30.960 --> 01:58:31.960 No. 01:58:31.960 --> 01:58:36.760 So he's entitled to do that if he wants to. 01:58:36.760 --> 01:58:41.960 Because I have been mentioned as having some involvement in some of the complaints. 01:58:41.960 --> 01:58:44.000 I have no idea which. 01:58:44.000 --> 01:58:49.680 But I think it would be best that I not do the fact finding investigation. 01:58:49.680 --> 01:58:56.800 And I think it's required that I not advise you on the sufficiency of whatever it is you're 01:58:56.800 --> 01:58:59.800 going to receive from Ms. Ager. 01:58:59.800 --> 01:59:05.060 Because certainly the allegation then can be made that I told you that there was no 01:59:05.060 --> 01:59:11.560 validity to charges 1, 3, and 5 because I can read between the lines and those are the 01:59:11.560 --> 01:59:14.080 ones that somehow I'm involved in. 01:59:14.080 --> 01:59:22.640 So at this point, other than helping you find people to do these things, I've pretty much. 01:59:22.640 --> 01:59:26.480 I think what we should do then is we should have Janelle go ahead and give us a clearer 01:59:26.480 --> 01:59:27.480 picture of what she wants. 01:59:27.480 --> 01:59:34.520 And at the next meeting you can come back with a list of people and we could decide 01:59:34.520 --> 01:59:37.440 on who to get to advise us. 01:59:37.440 --> 01:59:40.000 And then that would be the next step. 01:59:40.000 --> 01:59:45.320 I don't know which direction to go at the next meeting then maybe. 01:59:45.320 --> 01:59:47.040 So basically we'll read the information. 01:59:47.040 --> 01:59:51.640 We'll get the information just because it will be a completed complaint. 01:59:51.640 --> 01:59:54.560 But we need to have advice on. 01:59:54.560 --> 01:59:56.600 And we won't discuss the information at all. 01:59:56.600 --> 01:59:57.600 We'll just ask. 01:59:57.600 --> 01:59:58.960 Just like we did tonight. 01:59:58.960 --> 01:59:59.960 Okay. 01:59:59.960 --> 02:00:00.960 Basically. 02:00:00.960 --> 02:00:05.880 So we'll have, because we have the complaint, but it isn't complete. 02:00:05.880 --> 02:00:11.400 So the next meeting will just basically, it's complete but it's not detailed. 02:00:11.400 --> 02:00:16.480 And with a more detailed complaint, we're one step closer to being able to start investigating 02:00:16.480 --> 02:00:17.480 these things. 02:00:17.480 --> 02:00:19.680 But we need some advice on how to do that. 02:00:19.680 --> 02:00:20.680 Right? 02:00:20.680 --> 02:00:23.680 How to do it or whether to do it. 02:00:23.680 --> 02:00:24.680 Whether to do it. 02:00:24.680 --> 02:00:25.680 Yep. 02:00:25.680 --> 02:00:26.680 Okay. 02:00:26.680 --> 02:00:27.680 Okay. 02:00:27.680 --> 02:00:28.680 All right. 02:00:28.680 --> 02:00:31.120 I don't think it's any clearer than when we came tonight. 02:00:31.120 --> 02:00:33.360 At least we've gone a little bit further. 02:00:33.360 --> 02:00:35.360 We've got to resolve this. 02:00:35.360 --> 02:00:39.760 There are complaints that need to be taken care of. 02:00:39.760 --> 02:00:43.320 That's one thing we did notice that there really isn't a clear procedure for this type 02:00:43.320 --> 02:00:45.200 of a complaint. 02:00:45.200 --> 02:00:50.560 So in some of our workshops we might have to have this type of a, we have all kinds 02:00:50.560 --> 02:00:52.320 of procedures for other complaints through. 02:00:52.320 --> 02:00:57.440 But for when it comes to this level of staff, we don't have a procedure. 02:00:57.440 --> 02:00:59.600 So that's part of the problem we have right now too. 02:00:59.600 --> 02:01:04.440 And I think it would be okay to leave it up to the mayor whether we have a special election 02:01:04.440 --> 02:01:09.840 to address those issues with regard to the clarification that we're provided or if it's 02:01:09.840 --> 02:01:12.600 done in the next regular meeting. 02:01:12.600 --> 02:01:14.800 You mean a special meeting? 02:01:14.800 --> 02:01:15.800 Call a special meeting. 02:01:15.800 --> 02:01:16.800 We'll see. 02:01:16.800 --> 02:01:17.800 Okay. 02:01:17.800 --> 02:01:23.120 I need to find out though, are we still, the record's still going to reflect Ms. Zager 02:01:23.120 --> 02:01:26.200 clarifying her complaints and giving them to the assistant city manager? 02:01:26.200 --> 02:01:28.280 Is that where we're still going with this? 02:01:28.280 --> 02:01:29.280 Yes. 02:01:29.280 --> 02:01:30.280 Okay. 02:01:30.280 --> 02:01:33.120 I want to go on record. 02:01:33.120 --> 02:01:38.120 I said do nothing. 02:01:38.120 --> 02:01:42.360 I'm not positive that I can get you names by your next meeting. 02:01:42.360 --> 02:01:44.280 I mean I would certainly do my best. 02:01:44.280 --> 02:01:50.280 But, you know, I don't know what people, first I have to kind of get creative and then call 02:01:50.280 --> 02:01:56.120 people and see who's perhaps available or interested. 02:01:56.120 --> 02:01:59.040 So we'll do it as quickly as we can. 02:01:59.040 --> 02:02:00.040 Okay. 02:02:00.040 --> 02:02:01.040 Thank you. 02:02:01.040 --> 02:02:02.040 All right. 02:02:02.040 --> 02:02:03.040 Okay. 02:02:03.040 --> 02:02:09.960 Let's move on to city manager's reports. 02:02:09.960 --> 02:02:13.600 Oh, here we go. 02:02:13.600 --> 02:02:17.320 You have received my written report this evening. 02:02:17.320 --> 02:02:22.840 And it deals with the schedule of regular council meetings as well as two special council 02:02:22.840 --> 02:02:26.520 meetings that we have planned. 02:02:26.520 --> 02:02:33.480 One is Monday the 19th, the special meeting is Monday the 19th of April. 02:02:33.480 --> 02:02:40.320 And that was agreed upon in the council, wait a minute, Monday, it isn't Monday, is it? 02:02:40.320 --> 02:02:41.320 It's Tuesday. 02:02:41.320 --> 02:02:42.320 It's Tuesday. 02:02:42.320 --> 02:02:43.320 I apologize. 02:02:43.320 --> 02:02:48.280 I got used to saying Monday after another. 02:02:48.280 --> 02:02:55.920 That was the agreed upon date when the city council held its last workshop session on 02:02:55.920 --> 02:02:58.880 various goals and policies. 02:02:58.880 --> 02:03:04.800 And we agreed to be back together and have a similar session, follow up on a number of 02:03:04.800 --> 02:03:08.080 those items on Tuesday, April 19th, that's at 6 o'clock. 02:03:08.080 --> 02:03:10.320 You'll be here in the council chambers. 02:03:10.320 --> 02:03:15.840 And unless I hear otherwise, we will set it up as the same format around a circular table. 02:03:15.840 --> 02:03:19.880 I thought that, from my perspective, I thought that worked well. 02:03:19.880 --> 02:03:25.920 So the other special meeting is the water and sewer rates. 02:03:25.920 --> 02:03:29.540 And that would be proposed for Monday, May 9th. 02:03:29.540 --> 02:03:36.520 As we've been digging through more data and trying to get additional clarification of 02:03:36.520 --> 02:03:43.280 our customer database and to accurately project the future, we have found a couple of little 02:03:43.280 --> 02:03:47.320 anomalies that we think is important to deal with, long story short is we want to make 02:03:47.320 --> 02:03:48.320 sure it's right. 02:03:48.320 --> 02:03:54.000 And so May 9th is the earliest time that staff is going to be able to present those to you. 02:03:54.000 --> 02:03:56.800 And that would be in a workshop session here in the council chambers. 02:03:56.800 --> 02:04:00.040 Dwayne, I'm out of town on that day and I don't really want to miss that. 02:04:00.040 --> 02:04:02.000 You are out of town. 02:04:02.000 --> 02:04:03.800 That's one of the reasons why we're doing this discussion. 02:04:03.800 --> 02:04:07.160 So May 9th is a, we wouldn't want to do it without your presence. 02:04:07.160 --> 02:04:13.080 I mean, we all, I need all five of you to participate in those deals. 02:04:13.080 --> 02:04:18.080 I guess what we could do is I could send out a circular and select a couple of others because 02:04:18.080 --> 02:04:22.800 I didn't give you other alternatives tonight and I don't like to just shoot from a calendar 02:04:22.800 --> 02:04:26.060 I don't have seen other congestions with. 02:04:26.060 --> 02:04:31.200 Because in May we start getting really busy with presenting budgets and items. 02:04:31.200 --> 02:04:33.360 So it's better to do it on a night. 02:04:33.360 --> 02:04:38.520 So let me circulate by either phone calls or what have you and find your availability 02:04:38.520 --> 02:04:42.080 as council members and then we'll set that date. 02:04:42.080 --> 02:04:46.160 I'm out of town from May 4th to May 10th. 02:04:46.160 --> 02:04:49.280 And I'd need some time to read whatever is in it. 02:04:49.280 --> 02:04:51.800 So we couldn't do it on the 11th. 02:04:51.800 --> 02:04:55.320 I wouldn't have time to get the information unless I got it before I left. 02:04:55.320 --> 02:04:57.280 I understand. 02:04:57.280 --> 02:04:58.360 Thank you. 02:04:58.360 --> 02:05:03.280 Does anyone else have conflicts around that time? 02:05:03.280 --> 02:05:04.520 Good. 02:05:04.520 --> 02:05:09.600 I think we can organize something that would still occur in May. 02:05:09.600 --> 02:05:12.840 Thank you. 02:05:12.840 --> 02:05:16.560 I don't have any other items to share with you this evening. 02:05:16.560 --> 02:05:20.160 Other than I can say you probably heard the state legislature has been trying to take 02:05:20.160 --> 02:05:26.520 some action about the future of redevelopment agencies and I'm confused even though I know 02:05:26.520 --> 02:05:30.320 the details in great nausea almost. 02:05:30.320 --> 02:05:35.920 It is an unusual process, particularly with the budget this year. 02:05:35.920 --> 02:05:43.160 My point is we as a small redevelopment agency really have no voice that can be heard even 02:05:43.160 --> 02:05:54.360 when we have local advocates strongly lobbying West Chesbro and even when he knows the details 02:05:54.360 --> 02:06:01.120 of the items, he still will vote no against, well, essentially abolishing redevelopment 02:06:01.120 --> 02:06:02.120 agencies. 02:06:02.120 --> 02:06:04.640 It's a frustrating matter for everyone. 02:06:04.640 --> 02:06:08.480 So I don't know where the state is going to come out on the end of this, where it's going 02:06:08.480 --> 02:06:14.280 to come out through the assembly and the senate and ultimately what the governor will sign. 02:06:14.280 --> 02:06:18.800 It's a tough thing watching him deal with this, but this is a culmination of multiple 02:06:18.800 --> 02:06:25.560 years of physical irresponsibility on the state and this problem has been coming for 02:06:25.560 --> 02:06:34.000 six to eight years and now there's everything has to be paid for it and it's unfortunate 02:06:34.000 --> 02:06:41.200 because who's really suffering is our local people who respect and I would hope to respect 02:06:41.200 --> 02:06:48.200 and also depend on local services provided by local government and the local governments 02:06:48.200 --> 02:06:50.800 including schools are the ones that are suffering. 02:06:50.800 --> 02:06:53.000 So thank you. 02:06:53.000 --> 02:06:54.000 Thank you. 02:06:54.000 --> 02:06:56.560 Any questions? 02:06:56.560 --> 02:07:00.720 If not, moving into council reports and comments. 02:07:00.720 --> 02:07:05.520 Thanks, Mr. Mayor. 02:07:05.520 --> 02:07:10.520 The Humboldt Transit Authority for five months was going through a process of trying to hire 02:07:10.520 --> 02:07:16.920 a new general manager and it did turn in to be something very contentious. 02:07:16.920 --> 02:07:21.360 We tried to get it accomplished before the new officers and supervisors were going to 02:07:21.360 --> 02:07:23.120 be sworn in. 02:07:23.120 --> 02:07:25.480 It didn't happen. 02:07:25.480 --> 02:07:33.320 The final result was and I voted against it, but the final result was to go out and rehire, 02:07:33.320 --> 02:07:37.760 resubmit applications for hiring at a higher pay scale. 02:07:37.760 --> 02:07:44.320 So that will take place the next couple of months and I'll keep you updated. 02:07:44.320 --> 02:07:49.240 When we did the presentation for Welcome Home Vietnam Veterans, I wanted to say a couple 02:07:49.240 --> 02:07:52.720 of things, but at that time it wasn't really appropriate. 02:07:52.720 --> 02:07:59.160 At this time I would like to acknowledge for the public to see what that ribbon looks like, 02:07:59.160 --> 02:08:00.920 the colors. 02:08:00.920 --> 02:08:06.720 That's your combat ribbon that Vietnam veterans in combat, in other words they set foot on 02:08:06.720 --> 02:08:10.680 Vietnam soil. 02:08:10.680 --> 02:08:16.520 They received that and there are members of the community that wear hats that show that 02:08:16.520 --> 02:08:20.120 ribbon along with the rest of the ribbons they received and there are members of the 02:08:20.120 --> 02:08:23.080 community that have that on their bumper or on their back window of their car and they're 02:08:23.080 --> 02:08:25.440 very proud of that. 02:08:25.440 --> 02:08:31.560 There are a lot of people that did serve during that time that still suffer from post-traumatic 02:08:31.560 --> 02:08:40.960 stress syndrome from combat that still haven't found resolve with that difficulty and no 02:08:40.960 --> 02:08:46.080 matter how hard they try and no matter which services they go through, it still comes and 02:08:46.080 --> 02:08:47.080 haunts them. 02:08:47.080 --> 02:08:50.880 We're finding that out with the members that come back from our armed services with the 02:08:50.880 --> 02:08:55.320 current combats and engagements. 02:08:55.320 --> 02:09:03.760 My heart goes out to those members that are carrying those issues with them and I also 02:09:03.760 --> 02:09:08.920 have to compliment the ones that have actually found resolve and made peace with themselves 02:09:08.920 --> 02:09:11.440 and can live with that. 02:09:11.440 --> 02:09:16.080 My hat goes off to you guys. 02:09:16.080 --> 02:09:17.080 God bless America. 02:09:17.080 --> 02:09:18.080 God bless our troops. 02:09:18.080 --> 02:09:23.800 You may be safe and always be away from harms, effects upon you. 02:09:23.800 --> 02:09:24.800 Thanks Mr. Mayor. 02:09:24.800 --> 02:09:25.800 Thanks Dean. 02:09:25.800 --> 02:09:26.800 Sue? 02:09:26.800 --> 02:09:33.440 I attended the Redwood Coast Energy Authority meeting today and it's kind of nice to go 02:09:33.440 --> 02:09:36.600 to it right before the council meeting because I can actually kind of remember what we talked 02:09:36.600 --> 02:09:42.800 about and their resources go far beyond what I thought they did. 02:09:42.800 --> 02:09:47.520 I was actually amazed because today they gave a presentation on the purpose of the energy 02:09:47.520 --> 02:09:51.080 authority, how they get their funding and all those kinds of things and it was really 02:09:51.080 --> 02:09:52.080 interesting. 02:09:52.080 --> 02:09:53.600 I was really surprised. 02:09:53.600 --> 02:10:01.200 People have asked me for years, Sue, who do I go to to get PG&E credits and how do I get 02:10:01.200 --> 02:10:02.200 energy information? 02:10:02.200 --> 02:10:04.360 I mean these guys have everything. 02:10:04.360 --> 02:10:05.480 I didn't even know it. 02:10:05.480 --> 02:10:11.280 So now I have a resource to use and to pass on to others and I think it's going to be 02:10:11.280 --> 02:10:12.280 really good. 02:10:12.280 --> 02:10:14.840 They really do a lot of things that I had no idea. 02:10:14.840 --> 02:10:19.000 So I felt I got a lot more educated today from their presentation, which they did of 02:10:19.000 --> 02:10:23.040 course because there's so many new people and it was really good. 02:10:23.040 --> 02:10:27.840 At the last council meeting several people spoke up in favor of a BMX dirt bike track 02:10:27.840 --> 02:10:30.640 and staff followed through with that. 02:10:30.640 --> 02:10:35.360 We had a quick little informal meeting on March 15th and we talked about it. 02:10:35.360 --> 02:10:40.120 Some of the kids came, some of the parents came, Lenore Bergenski and we just kind of 02:10:40.120 --> 02:10:46.200 had an informal here's what we need to research, here's what we need to look into and Cheryl 02:10:46.200 --> 02:10:48.840 had some insurance things she's going to check out. 02:10:48.840 --> 02:10:52.080 The kids had some assignments that they're going to do and they're going to bring back 02:10:52.080 --> 02:10:53.080 information. 02:10:53.080 --> 02:10:58.600 So I would just like to thank staff for listening and actually scheduling some meetings and 02:10:58.600 --> 02:11:01.440 we're going to have another one on March 29th I believe it is. 02:11:01.440 --> 02:11:06.440 So you know we're trying to take some steps forward and at least educate the kids on how 02:11:06.440 --> 02:11:09.880 the process works and what they can do when they want to see something happen in their 02:11:09.880 --> 02:11:11.960 community. 02:11:11.960 --> 02:11:16.400 And I was in Spokane visiting my son and I tell you what I got hooked on the frisbee 02:11:16.400 --> 02:11:22.040 golfing, the frolfing calling it and John Crotty had mentioned that at one of our meetings 02:11:22.040 --> 02:11:26.240 that there's some interest in that and I tell you what it's pretty fun even for old people 02:11:26.240 --> 02:11:30.280 so I might be going on a campaign to get one of those. 02:11:30.280 --> 02:11:32.280 So anyway thank you. 02:11:32.280 --> 02:11:33.280 Thank you. 02:11:33.280 --> 02:11:34.280 Mike. 02:11:34.280 --> 02:11:37.280 Thank you Mayor. 02:11:37.280 --> 02:11:43.800 I'll be attending the FBID meeting which will be April 6th I believe is the next one, the 02:11:43.800 --> 02:11:50.000 redact meeting on the 28th of this month and I wanted to just give you an update on an 02:11:50.000 --> 02:11:55.760 issue that I talked about in the February meeting which is the Main Street on ramp to 02:11:55.760 --> 02:11:56.760 Highway 101. 02:11:56.760 --> 02:12:03.160 I had requested Caltrans Ralph Martinelli who's an engineer there to look into the possibility 02:12:03.160 --> 02:12:13.480 of widening of actually having an on a lane from Main Street to Palmer Boulevard so he 02:12:13.480 --> 02:12:20.520 is out of the area and I believe he'll be back tomorrow and I'll give you an update 02:12:20.520 --> 02:12:23.360 when probably the next regular meeting. 02:12:23.360 --> 02:12:25.640 Thank you. 02:12:25.640 --> 02:12:28.400 Mayor Pro Tem. 02:12:28.400 --> 02:12:33.840 A little update on what's happening with the Coastal Commission nominations. 02:12:33.840 --> 02:12:39.400 Tomorrow the Board of Supervisors will be receiving nominations and there are four of 02:12:39.400 --> 02:12:43.600 us that the board will be deliberating. 02:12:43.600 --> 02:12:53.040 It's Mark Lovelace, Virginia Bass, Kendall Smith from Mendocino County and myself and 02:12:53.040 --> 02:13:04.120 the cities have far as I know recommended three city council members to HCOG Mayor City 02:13:04.120 --> 02:13:11.120 Select Committee and that be Mayor Farley from Burndale, Alex Stillman from Arcata and 02:13:11.120 --> 02:13:12.560 myself from Fortuna. 02:13:12.560 --> 02:13:19.160 So it looks like the same mix of candidates except for Virginia Bass and Alex Stillman 02:13:19.160 --> 02:13:25.000 that went before the two bodies last go around. 02:13:25.000 --> 02:13:32.120 That appointment has to be made before the 10th of April by the governor. 02:13:32.120 --> 02:13:40.200 See Wednesday there will be three of us on the council here participating in the Mayor's 02:13:40.200 --> 02:13:49.440 Challenge for Meals program with the Mayor Stroud, myself and Sue Long will be pairing 02:13:49.440 --> 02:13:58.240 up with Fortuna nutrition program members to deliver meals to homebound citizens and 02:13:58.240 --> 02:14:05.760 we'll be doing that two or three hours on Wednesday morning. 02:14:05.760 --> 02:14:17.080 LAFCO was the last meeting I attended and there were no real serious action items that 02:14:17.080 --> 02:14:25.160 had to be taken care of but we did elect officers and Marty McClellan was re-elected as the 02:14:25.160 --> 02:14:31.200 chair and Virginia Bass was elected as the vice chair of Humboldt-LAFCO for the following 02:14:31.200 --> 02:14:33.160 year. 02:14:33.160 --> 02:14:42.440 There was budget discussions regarding LAFCO's operations and even though staff recommended 02:14:42.440 --> 02:14:50.360 a 10% increase in the budget for next year, the chair put together a subcommittee to look 02:14:50.360 --> 02:14:55.360 at ways of reducing LAFCO's budget. 02:14:55.360 --> 02:15:04.080 The town of Scotia, as you probably read in the newspaper, the LAFCO held a protest hearing 02:15:04.080 --> 02:15:10.160 and there were insufficient votes to protest the formation of the Scotia CSD so that's 02:15:10.160 --> 02:15:19.480 moving forward with the county setting up an election process to first approve the CSD 02:15:19.480 --> 02:15:25.600 and then elect board of directors for that organization. 02:15:25.600 --> 02:15:33.920 The Samoa Peninsula Fire District is asking to be reorganized from a single purpose organization 02:15:33.920 --> 02:15:45.600 to a multi-function organization because they are suffering from financial distress right 02:15:45.600 --> 02:15:54.120 now so they're going to apply to provide water, wastewater and recreational services for the 02:15:54.120 --> 02:15:57.200 community out in Samoa. 02:15:57.200 --> 02:16:06.640 The Eureka Sphere of Influence update, it was a topic of conversation. 02:16:06.640 --> 02:16:15.720 They're asking to eliminate portions of Humboldt Hill and the freshwater area because Humboldt 02:16:15.720 --> 02:16:21.640 CSD provides services that the city would not, would want to eliminate themselves from 02:16:21.640 --> 02:16:31.680 but they are asking for an extension of their sphere of influence in the Inola area for 02:16:31.680 --> 02:16:37.760 water service because groundwater contamination in that area is causing problems for residents. 02:16:37.760 --> 02:16:42.680 The Oric Community Services District has been reorganized. 02:16:42.680 --> 02:16:50.680 Former supervisor Jill Duffy has taken on the position of wastewater project manager 02:16:50.680 --> 02:16:54.160 for the Oric Community Services District. 02:16:54.160 --> 02:17:00.960 And then the last item we talked about was an interesting recommendation. 02:17:00.960 --> 02:17:06.360 You also may have seen in the newspaper that there's a group in southern Humboldt that 02:17:06.360 --> 02:17:13.680 wants to incorporate and take advantage of the medical marijuana and possibly the soon 02:17:13.680 --> 02:17:18.760 to be legalized recreational marijuana industry. 02:17:18.760 --> 02:17:26.680 And they're working with LAFCO staff to define a boundary for what would be a new city in 02:17:26.680 --> 02:17:30.800 southern Humboldt and they're looking at the name of Emerald City. 02:17:30.800 --> 02:17:40.560 And it would stretch from Bembo, Garbaville, Redway area and possibly down into as far 02:17:40.560 --> 02:17:44.360 south as the Mendocino County line. 02:17:44.360 --> 02:17:52.120 So there were a couple of gentlemen there advocating, not advocating but inquiring about 02:17:52.120 --> 02:18:00.960 what is entailed in developing a new city in southern Humboldt County. 02:18:00.960 --> 02:18:09.640 Our next LAFCO meeting will be, I think it's not until May 18th. 02:18:09.640 --> 02:18:16.440 So if we can do this May meeting somewhere around the 16th or 17th, that would be good 02:18:16.440 --> 02:18:17.440 for me. 02:18:17.440 --> 02:18:19.760 Thank you, Mr. Mayor. 02:18:19.760 --> 02:18:20.760 Thank you. 02:18:20.760 --> 02:18:25.640 I don't have a lot to report on tonight because my meetings aren't until later in the week. 02:18:25.640 --> 02:18:31.600 I have the HCOG meeting coming up on Thursday and right after that meeting is the Mayor's 02:18:31.600 --> 02:18:37.720 Selects meeting where we get to select the candidates for Coastal Commission. 02:18:37.720 --> 02:18:41.840 And then I was going to report on the fact that we get to deliver meals on Wednesday 02:18:41.840 --> 02:18:44.280 but Ken covered that really well. 02:18:44.280 --> 02:18:47.200 There's more information I think. 02:18:47.200 --> 02:18:51.400 I don't know on the list, I see you guys with your drivers and then they got me with a driver 02:18:51.400 --> 02:18:53.840 and then I got the photographer. 02:18:53.840 --> 02:18:54.840 And the... 02:18:54.840 --> 02:18:55.840 And the... 02:18:55.840 --> 02:18:56.840 Yeah, okay. 02:18:56.840 --> 02:19:01.160 You got the photographer and you got the talking point so you can be... 02:19:01.160 --> 02:19:02.160 Yeah. 02:19:02.160 --> 02:19:04.880 All right. 02:19:04.880 --> 02:19:06.920 Thank you guys for that. 02:19:06.920 --> 02:19:11.080 Next on the agenda, we're going to be going into closed session and oral comments from 02:19:11.080 --> 02:19:14.560 the public may be heard on any item in closed session. 02:19:14.560 --> 02:19:18.640 Members addressing the council or the board will be limited to three minutes per speaker. 02:19:18.640 --> 02:19:23.080 Be advised that by law, neither the city council nor the board is able to deliberate or take 02:19:23.080 --> 02:19:28.400 action on issues presented during oral comments. 02:19:28.400 --> 02:19:30.400 And the closed items, there's three of them. 02:19:30.400 --> 02:19:36.000 The first one is a conference of labor negotiations with the city negotiator, city manager, Duane 02:19:36.000 --> 02:19:41.480 Rigi, employees organizations, the Fortuna Employees Association, the Fortuna Police 02:19:41.480 --> 02:19:47.800 Employees Association and the Fortuna Office Employees Association in accordance with section 02:19:47.800 --> 02:19:53.840 54957.6 of the government code. 02:19:53.840 --> 02:20:02.360 The second is a conference on real property negotiation in accordance with section 54957.8 02:20:02.360 --> 02:20:09.840 of the government code property 1410 Garden Lane negotiating parties, city manager, Duane 02:20:09.840 --> 02:20:18.880 Rigi of the city and James and Virginia Moore, a property owners under negotiations, price 02:20:18.880 --> 02:20:19.880 and terms. 02:20:19.880 --> 02:20:26.520 The third is a conference of real property negotiation in accordance with section 54957.8 02:20:26.520 --> 02:20:33.840 of the government code property is 1350 Garden Lane negotiating parties as the city manager, 02:20:33.840 --> 02:20:39.160 Duane Rigi of the city and Norma Bennett as property owner under negotiation, price and 02:20:39.160 --> 02:20:40.160 terms. 02:20:40.160 --> 02:20:44.880 Is there any comments from the public? 02:20:44.880 --> 02:20:56.200 This is in regards to items 2 and 3. 02:20:56.200 --> 02:21:03.480 And it's based on the report and the public works report was talking about easements for 02:21:03.480 --> 02:21:04.480 the Garden Lane. 02:21:04.480 --> 02:21:07.640 So I'm wondering if this is related to that. 02:21:07.640 --> 02:21:11.600 If it is, I just wanted to alert you to the fact that this is a part of the Stewart Street 02:21:11.600 --> 02:21:19.480 replacement project and that easements were not, when the discussion was looking at the 02:21:19.480 --> 02:21:23.960 different possibilities of where to put the tank. 02:21:23.960 --> 02:21:28.080 In talking about Stewart Street, one of the things that was good about that choice is 02:21:28.080 --> 02:21:30.440 that you didn't need any easements. 02:21:30.440 --> 02:21:36.200 But it is, so I guess I'm telling you that was not included in the budget before and 02:21:36.200 --> 02:21:39.920 so this is another budget item, another cost. 02:21:39.920 --> 02:21:40.920 Thank you. 02:21:40.920 --> 02:21:41.920 Thank you. 02:21:41.920 --> 02:21:49.720 I make a motion to close public comment period. 02:21:49.720 --> 02:21:50.720 Second. 02:21:50.720 --> 02:21:53.800 We move and second to close public comment period. 02:21:53.800 --> 02:21:56.000 All in favor signify by saying aye. 02:21:56.000 --> 02:21:57.000 Aye. 02:21:57.000 --> 02:21:58.160 All opposed? 02:21:58.160 --> 02:21:59.160 So closed. 02:21:59.160 --> 02:22:02.160 Now we will adjourn to closed session. 02:22:02.160 --> 02:22:08.840 Thank you.