Call the order the Fortuna City Council and the Fortuna Redevelopment Agencies Monday June 20th 2011 meeting please stand for the flag salute. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all. Roll call please Linda. Councilmember Glazer. Yes. Councilmember Long. Here. Councilmember Lozey. Here. Mayor Potemzanze. Here. Mayor Stroud. Here. Second on the agenda is going to be a presentation of the water and sewer bill process presented by our Assistant City Manager Nicholson and Account Clerk 3 Henry. Thank you Mayor and members of the council. We appreciate the staff appreciates a chance to come here and explain this process to you because there have been some questions about it recently. You know me Rachel Henry is our account clerk 3 and she does most of the work the utility billing process. So she's going to help as we go through a typical procedure from the bill to when it would be shut off if nothing were done to stop that. And I'd like to ask if we could leave part of the lights on so that you'll be able to see the calendars we have we have both low tech and high tech for you tonight. But I think the visual will be helpful in understanding the process and the notices that we're providing. Can I get some of those lights turned back on John please. There you go. We can I think we can. Can you still see that. Let's go ahead on it then. As you all know the city of Fortuna's mission is to be worthy of the public trust by providing timely efficient dependable and well planned services to the community. We've developed a utility billing procedure that we that provides a standardized process for us that allows the city to carry out its mission statement and guarantees fair and equitable treatment for all of our customers. And we're going to go through that process here tonight from the time a bill goes out until the shut off period. And a typical billing or typical billing procedure the bill goes out on the 1st of month a we're going to use month a b and c that bill is due on the 30th of month a. This is the water sewer bill typical water sewer bill. This one would have been for May 30th that would have gone out on June 1st. I'm sorry on May 1st and it shows here that it is due on May 30th that's shown here and on here this was this would be the May 1st bill. If the bill for that month a is not paid by the 30th of month a the following month's bill for month b will include the past due amount and the current amount. Here you can see the previous balance right there that previous balance is now past due it was due on the 30th and there is also a current bill that is due by the 30th of the month. Now as you can already tell between month a month b and the crossover here it's a little bit complicated but hang in there with me and you can ask the questions at the end. I think by the time we get this all up here it's going to be a little clearer for everybody. If the past due amount again still for month a is not paid by the 11th of month b a red and white reminder notice is sent through the mail in an envelope it's not a postcard. This is the reminder notice this is the front of the reminder notice it says has your water bill been overlooked your account is overdue your payment is late. And then on the reverse side it goes over the procedure where they're at letting them know that they have a past due bill that they are in danger of having their service disconnected discontinued. And then gives them a date of the 25th by which time they need to get this bill paid. This would be the and then it gives them the number here of what they need to do if they have any questions this is also telling them that if they don't get this bill paid on time that they're looking at a late penalty and a reconnect fee. Here's where we get into the small print a little bit if the past due amount for month a is still not paid by the 25th of month b on the 26th of month b the finance department runs an in-house delinquent list and it's a 10% late fee is added to the past two amount for month a. And I'd like Rachel to expand on this a little bit with our calendar. On occasion we have the 25th might fall on a weekend in this case for month b it does we will allow the customer the full business day on the 26th to remit their payment to avoid the late penalty. So we actually won't run that list and apply late fees until the next business day which in our example would be the 27th. And I just wanted to show you that because we do try and do everything in the customer's favor we're never going to penalize anybody for a due date falling on a weekend or holiday so the procedures that were giving you and the dates are typical but they they can sometimes swing in the customer's favor. Okay here we go on the first Wednesday following the 26th of the month the process for the hand delivering the yellow door hangers begins and this process is usually completed within a couple days by the time a customer receives this door notice door hanger the account is past due for month a and month b will be due in a couple of days. Okay but the door hanger is only for month a we're only tracking month a here did you want to add anything on that Rachel. On the 1st of month see another bill will go out this is for month c which is due on the 30th of month c but this bill includes the past two amount for month a including a late fee the past two amount for month b and the current amount due for month c. And part of what we're trying to show you is the number of communications the city makes with the customers before the shut off happens. In this example to on month c on occasion it's our goal to get our bills out on or as close to the 1st as possible obviously the 1st fell on a Saturday and month c so we mailed our bills out on Monday the 3rd. This is a door hanger or part of a door hanger that goes out now these are all handwritten and hand delivered by the utility crew you'll notice this has a shut off date in this case this one is the 5th of month c. It's marked that it's being shut off for non payment of an account amount due and in this space it would show the past two amount and any late fees that are due. It also importantly explains to the people that payment arrangements must be made by 10 a.m. of the shut off date or reconnection fee will apply this 10 a.m. is an important time and there's a reason for it I'm going to explain it here in a minute so keep that in mind that's that's on there. It also shows them that they can call again to make payment arrangements if they need to and the number for them to call. Right it is filled in I didn't put that number and thank you Mike Flockhart is our utility utility superintendent and he's here for backup to depending on the questions that come in about what they're doing out in the field. All right back to the procedure if the bill for month a is still not paid and the customer has not contacted the finance department and made appropriate payment arrangements on the 2nd Wednesday following the 26th on the 1st Wednesday the door hangers went out on the 2nd Wednesday following the 26th of month be the surface is considered to be disconnected as of 10 a.m. The disconnect time is always 10 a.m. regardless of when the water is physically turned off. This is because we could be disconnecting 2025 services and there is no way for us to disconnect simultaneously 25 services all at the same time so the time is established so that if someone services turned off at 10 o'clock or someone services turned off at 12 o'clock there's. There's no advantage to them it's the 10 o'clock you have to have your bill paid by then otherwise it's going to be considered disconnected that's the time. Despite the rumor city crews do not go out and turn the water off and then turn it right back on at the same time there may be instances where a customer is inside of city hall paying their bill on shut off day and they may be in here at 1030 or 11 o'clock that water has been that service is considered disconnected. And they are going to be responsible for the reconnect fee even if their water wasn't actually turned off in some cases we cannot call back the utility crew in time to get the water turned back on so it may never actually be turned off but once they reach that deadline of 10 a.m. That's it after four notices and 10 a.m. they're they're considered disconnected. As of 10 a.m. the service is considered disconnected and customers must pay a reconnect fee of seventy five dollars plus the entire past due amount of their bill including the late fee if the customer is shut off more than once the subsequent reconnect fee is increased to one hundred dollars if a customer did not pay a deposit to establish service or paid a deposit of less than one hundred and fifty dollars and their water is shut off more than two times within two years they will also be paid a deposit of up to one hundred and fifty dollars and I'd like Rachel to explain a little bit about the deposit. All new service requires one hundred and twenty five dollar deposit. We hold that deposit for a year if you have good standing with the city after a year it's refunded to your account. And someone is shut off more than twice in two years we then consider them a credit risk we hold a deposit as a reserve. I mean if they move or what have you. We don't want to be left holding all those months past due without some sort of a deposit on their account. What this does is it provides a little bit of a cushion if they do leave town or some other way do not pay their bill because the water service that we provide has to be paid for by someone and that deposit allows us to pull that money from that. Otherwise it's going to be paid by other customers because it costs the city so much to put that water out there. So the deposit helps to cover that once they have established the good credit they can get the deposit back. So to summarize in prior to shut off by the time customers water is disconnected for nonpayment of month a it is month C and the customer has received at least the following a bill for month a bill for month B. In some cases they will have received a bill for month C. They will have received a reminder notice for month a and they will receive have received a door hanger. So in any instance there's at least four communications from the city before water is shut off. Also in addition to that following receipt of the door hanger the customer still has a week after that to either pay the bill or make payment arrangements. Customers end up having at least 60 to 75 days from receipt of their bill to pay the bill to make payment or to make payment arrangements in order to avoid the shut off. Prior to shut off almost three months have passed the customer has received at least two bills at least one reminder notice and a door hanger. Customers have one week after receipt of the door hanger to pay the past due amount or make payment arrangements at any time up until 10 a.m. of shut off day the customer can either pay the past due bill or make appropriate payment arrangements to avoid service interruption and a reconnect fee. We actually end up doing very few shut offs per month. We send out we have 4,400 customers of those customers the city hand writes and hand delivers approximately 200 door hangers per month. Of those 200 door hangers only 20 to 22 in an average month actually have their service disconnected. This is less than one half of one percent of the total amount of our customers. The goal for this procedure is to make sure that everyone is treated the same that they're treated fairly and equitably. The city's billing procedure is designed so all customers receive the exact same due process by not making exceptions on a case by case basis everyone is treated fairly and equitably. Staff is also not put in a position of having to make special exceptions for any one customer. That's it in a nutshell we would be glad to answer your questions if you have any. Thank you Rachel. Council have any questions of staff. What if they're out of town at some point during that whole process when the door hanger goes out. I think they should have made arrangements beforehand just like they might have to do with their mail or their newspaper. However if they called the office because they suddenly realized. We would you know we would try to make arrangements but we're talking 75 days. That they'd have to do this you know even if before the door hanger they've already received three other notices at least. I think I think in some instances if somebody was actually going to leave for three four months is actually cost effective to actually request the city to shut the water off padlock it and then pay a reconnection fee. And they save a lot of money just by doing that but that's not very many people in the city but that's the way to jumble numbers and actually be cost conservative on part of the consumer. What I believe and Rachel you can correct me if I'm wrong is that most people who know that they're going to be traveling for a while will prepay their bills. We also don't require if you have a customer say you wanted to stop your service for a couple months we don't require you to pay a reconnect fee will actually shut your service off. And then when you come back you can have it turned back on. We've had we have people that go out of town a lot of times and those typically aren't the people that that get shut off. I do want to add one thing about the payment arrangements. It's important to know that in staying with treating everyone the same we allow people to make payment arrangements up to one week past shut off. So the following Wednesday is the cut off and they are still treated the same. It's they've they've received the door hanger. It's still the same but they have to call the office by 10 a.m. or come in and talk to us to make that arrangement. So when you're talking payment arrangements it's really only a one week extension. It begins on the first day that the bill goes out that we're willing to help them. So the bill is a lot less on the first day that the bill goes out than after they've let it accumulate for three months. So we're always willing to talk to them about payment arrangements. In our yearly budget that we approve there is a space that recognizes bad debt for water and bad debt for sewer. It's not just a couple of thousand dollars. I think it's fifteen thousand dollars twelve thousand dollars that we never collect. We are making an effort to be fair and equitable. But we still have that hardship received by us as a negative which unfortunately gets passed on to all their other ratepayers that are honest and doing the right thing. Yeah just for clarification then the rate payer is behind actually two full months going into the third month. So they're not actually behind three full months. They wouldn't be behind three months until the end of month C. Is that correct? Correct and that's why what we were trying to track today is the bill for month A to shut off because they start overlapping. You know if we started with month B it would be into month D. Are citizens being told that they have three months before their water gets turned off? No no they're receiving these notices that give them specific dates. We're not saying at the beginning it says when you get your bill it's due by the 30th. It doesn't say you have three months to pay this bill as you saw on the reminder notice it was a specific date of the 25th. And then with the door hangers it falls to Wednesdays which is a little bit confusing but that's the day that those things happen. So when there's a door hanger it's got a specific date on it. So we're always giving the people specific dates. Okay I think we have to be careful. There have been people to tell me that they've been advised that they would not have their water turned off until after three full months of non-pay. And that's from what I'm seeing here that's not the case from what you're telling us. That's not the case. So I think that the city has to be very careful that we're not putting out a three month period that they have to pay their water before it gets shut off. When in fact it'll be shut off before the end of three months. You have seen the exact information that we're communicating to our customers. That's what they get from us with dates on them. Good. Thank you. Any other questions? No? Thank you very much Cheryl. Hopefully everybody was listening. Yes. We hope. Moving on the third item on the agenda is oral comments from the public. Members of the public may be heard on any item of interest not on the public meeting agenda. Speakers addressing the council or board will be limited to three minutes per speaker. Comments concerning the consent calendar may be heard at this time. Be advised that by law the city council and redevelopment agency board can only deliberate and take action on items that are included on the agenda. So at this time is there anyone from the public that would like to address the council? Come up to the microphone sir. My name is Gary Kramer. I live at the end of Hillside Drive. I'm here because I am sure that eventually someone is going to be injured or killed due to the conditions of the street. It's in a forested area approximately a mile long and rises up to an elevation of about 200 feet. Besides cars and trucks many people use the street for walking, jogging, riding, bicycles and horses. The traffic using the road is increasing in volume and moving faster. In the future with more development the problems will multiply and surely get worse. There are also blind curves at the bottom with no sidewalks, gutters or curbs on either side of it. I believe this is against the law now but not at the time Hillside Drive developed. Recently there has been two mudslides blocking the road and a few years ago a tree fell on a moving truck and injured the driver. Most dangerously as the road angles up there are at least two blind spots created by roller coaster type dips in the road. Creating blind spots for the drivers and pedestrians coming in opposite directions. Every time I use the road I hold my breath. No one is coming up the other side when we meet with a bang. Especially when somebody is riding my rear end wanting to go faster. Anyway I know you can't do anything about it now but maybe you could fix the potholes. Thank you. Mr. Mayor and my fellow council people my name is Dean Glauser. As most viewers know at home tonight I have a mission of two things. Number one is informational and the second is to introduce somebody very very important that lives here in the city. The first aspect I am commander of post 96 of AMVETS of California. Most members know that the VFW Veterans of Foreign Leagues exists, Foreign Wars exists and American Legion exists. Each of those service organizations have certain mandates that require specific involvements during a wartime. If you are a veteran of foreign war you have to be set foot on foreign land while at wartime. For American Legion it's still wartime involvements which is World War II, Korea, Vietnam. But you didn't set foot on foreign soil. There is another organization that started in the 1940s which sort of goes unseen and I am representing that tonight. AMVETS of America. There are 50 different states that are called departments rather than saying AMVET of California it's called AMVETS California. It's a fantastic organization it doesn't have any other mandates than requiring a DD 214 honorable discharge. We also have members that belong to VFW and American Legion to embrace what AMVETS can do. AMVETS has dedicated its whole entire organization to doing what is necessary for the good of the veteran. Whether it be physical, mental, psychological, whatever. We will go to any extent that is legally possible for representation and finding them help. I am commander of post-96 I just got elected. I feel that's a really honorable position to do as an introduction for the gentleman who has lived in Fortuna for decades. He has involved himself with VFW and American Legion but predominantly for veterans foreign wars as commander, district commander. Eight years ago, nine years ago he discovered that AMVETS was another organization that had more drive and more to offer to the veterans that live in the United States as well as California. Tonight I am truly honored to introduce the commander of AMVETS of the state of California Jerry Greer. Thank you commander. It's my pleasure to be here this evening. Dean wanted to have me come down and introduce myself. Most of you know me I've been around here I've been to your council meetings before. I was involved in putting the flag bowl in front of the veterans hall over here and do a lot as an advocate for veterans. I am very proud to have been elected a week ago yesterday as a state commander for AMVETS. It's going to be a real busy year for me it's running around all over the state for national meetings in Washington DC and Maryland. So it's going to be a busy year for me but this is what I enjoy doing is advocating for my fellow veterans that don't have a voice. So that's what we're here to do. I'm very proud to have Dean as one of our post commanders. He's very energetic as you probably all know and that's what we need in our local post and such to keep them going. So it is my extreme pleasure to be here this evening. I have one comment for you. I thought about saying it at the time your flag needs to be presented with the eagle facing out. I noticed that as we did the pledge of allegiance but I didn't want to interrupt your meeting. So in the future if you make an effort to try to display it the right way it will help other people will notice. Thank you gentlemen. Ladies and gentlemen thank you very much. Thank you. Congratulations. Applause I'm Jesse Susley I'm president of the Fortinople Association and I have a little gift here for you guys. For about a week in May around May 12th to May 17th Mr. Gary Buckles of Gary R. Buckles investigation and counseling met with many city employees and others. The purpose of the meeting was unclear but from the questions and topics discussed the focus appeared to be related to issues associated with the public works director. On May 23rd the city manager came to the weekly public works safety meeting and explained that Mr. Buckles was not doing a personal investigation or an investigation on any one person but was doing an analyst of the organization. This seemed odd since the focus of discussion with Mr. Buckles was mainly regarding the public works director. The city manager stated that as a result of the investigation the city manager would be spending a lot more time at the public works department. At that meeting I asked for a copy of the report and was told by the city manager that only the city manager would see it and then it would be destroyed. It is my understanding that no one else including the city council, city attorney or department heads will see the report. The only person the city manager has talked with about the report seems to be the public works director. Since this report was an organizational study and not a personal investigation and the investigation and subsequent report were paid for by taxpayer dollars I am making a public records request for the following documents. A copy of the agreement including scope of work and cost between the city of Fortuna and Mr. Buckles, a copy of any insurance, licenses or other documentation provided to the city by Mr. Buckles establishing his qualifications to perform the study. A copy of the report prepared by Mr. Buckles including any findings and or recommendations. A copy of the invoices paid to Mr. Buckles for the organizational study including the account numbers and where the expenses were posted. A copy of any other invoices for cost related to the organizational study conducted by Mr. Buckles including the account numbers where the invoices were posted. And I have a copy of all my requests for everybody. Thank you. Is there anyone else from the public that would like to speak? Hi, Janelle Laker. I want to make a comment about the presentation please. I don't know what to believe. Cheryl says that nobody's water is turned off and on but we have a gentleman who says that his water was turned off and on. We'll set all that aside and go to the policy which is what he said he wanted to see addressed. He wasn't arguing with the process. He was arguing with the policy. The policy is that at 10 o'clock the water is considered turned off. And the statement was that they had no way of notifying, I think, notifying if somebody comes in what do they do? It's easy. They pick up the phone and they call the person and say have you turned off their water? If they haven't you say you don't. They're here to pay their bill. Good. Except for you charge them $100. And that's the policy that's being objected to is charging somebody $100 when in fact their water has not been turned off. This isn't so it's it creates sort of a race to the finish perhaps and it may be what you don't want to do. But I want to tell you that the municipal code which allows the collection of fee says specifically if water service is cut off you may collect a fee. Thank you. Is there anyone else from the public that would like to speak? Mr. Mayor make a motion to close public comment period. Second. We move and second it to close public comment. All in favor signify by saying aye. Aye. Opposed? Mayor can we have a clarification on that $100 with the municipal code from staff? Sure. Cheryl you want to answer that? The municipal code states that it's disconnected. The service of disconnecting may not be a physical thing that actually happens. I'm not sure if that answers your question but the $100 on the reconnect fee. Is that what you were asking about? The usual reconnect fee is $75 however if you have had your water shut off previously then it goes to $100. And the disconnect is at 10 o'clock. That's right. There's a lot of things involved in the process that we're trying to recover other than the actual turning of the meter. Because we have invested time in reminder notices, sending out shut off notices, door hangers, preparing them, having staff go out. So the whole process of the disconnect is contributing towards the cost of the reconnect fee. Do you think that maybe we need to reword our municipal code to say what you just said? Is that a city attorney question? Is this cutting out? That's a possibility but there are a lot of things in the municipal code that are not clear which is why we establish standard procedures so that we can try to implement the intent of the municipal code fairly and equitably to all of our customers. We started on that. We certainly can clarify it. The amount, the exact amount, that's set by council. Maybe we should just look at it again and make sure it's worded right in the municipal code. We've been going through a lot of that over the last few years so it's something we can read. Certainly we can do that. It would be nice if our municipal code went along with our policy instead of our, we're trying to justify our policy and it almost matches the municipal code. Understood. It would be nice if we could fix that. Just to clarify, it doesn't contradict the municipal code. In a lot of cases, the municipal code is written a little bit generically and then we do establish policies and procedures to carry out the municipal code. It doesn't necessarily match verbatim what we're doing. Okay. Any other comments or anything? No? No. Okay. Moving on, next item on the agenda is a report for distribution of money. That's always a tough one. I hate giving money away. Well, clarification, you're not giving money away, you're paying for service. Paying bill, yes. Paying for services. For services delivered. Let's hope so. This is a report of our disbursements for June 20th. It's to the City Council and to the Redevelopment Agency. The disbursements for the city were $142,493.98 and for the Redevelopment Agency $1,250. It's an oral report. No action by the council is required. Any questions from the City Manager? No. Moving on to item five, which is the consent calendar and we have eight items on the consent calendar. Does any of the council wish to pull any item? Mr. Mayor, number seven and number eight. I just had a question on number two. Mr. Mayor, I make a motion to approve consent calendar items number one, three, four, five, and six. Second. It's been moved and seconded to approve consent calendar item one, three, four, five, and six. All in favor signify by saying aye. Aye. Opposed? So passed. We'll start with number two. You would like to community development report? On the subdivision status report on page 10, there are three subdivisions that are expiring within the next three months and I just wanted to make sure that those people are being contacted and that they will not be allowed to expire without anyone realizing it. So noted. Thank you. I think the last time I brought that up, they're automatically extended. There is an automatic extension. It's a freebie. But we will make sure there's adequate notice. I make a motion to approve item number two. Second. It's been moved and seconded to approve item number two. All in favor signify by saying aye. Aye. Opposed? So approved. Item number seven. Item number seven. This is about River Lodge and the bottom. I'm an advocate of the gift shop sales. This year, they're trying something new, which was to continue selling fire and light products, but also to have a seconds products sale, which started the 13th. And I heard that the first increment of components, the 600 items that they got were sold out immediately. So they went and got another 600 delivered. And I'm assuming the same feeding frenzy occurred on that. So I guess my question is how many times can we do the seconds until we run out of the seconds? Because it's benefiting both the city for the gift shop sales as well as fire and light. But I'm definitely in favor of this. If we can do this on a yearly or bi-annually, whatever, we need to embrace it. For item number eight on page 27, for the public, this is a consideration of a request for Fortuna concert series to wave fee for the River Lodge and the co-sponsor Air Force Jazz Band Concert. And the fee that has been requested to be waived is the daily fee of $850. And I just wanted to point out that that is for the whole entire day. The period of time that this band's going to be there is not going to be eight hours. It'll be far, far shorter than that. So the cost technically is not that much, but still had to quote the $850. And I am definitely in favor that any time we can bring some patriotic service branch band to our city and let people listen to these professionals that are serving our country, providing all this wonderful music, I'm truly in favor of it. So with that, Mr. Mayor, I make a motion to approve and a free concert. Yes. Stanford. Is there any other comments on either one of those items, seven or eight? On number eight with the Air Force Jazz Band. I was very honored when Corinne and Jim Stanfield brought this idea to me and then in turn to the city. And I think it's a great program. I don't know that there has been some discussion about maybe if we could see that they could do two programs on that day rather than just one. But so it might be more than an hour or length, you know, hour or two. It could be longer, depending on if it's an afternoon concert and then maybe an evening concert because it is on a Sunday. But at any rate, I'm sure that whatever venue they, it's going to be packed, especially if they do have just one program. But I was very honored and I'm glad to see this on the consent agenda. Okay, with that, I make a motion to approve items number seven and eight. Second. I move and second it to approve items seven and eight. All in favor signify by saying aye. Aye. Opposed? So approved. Moving on to the business items for tonight's meeting. The first item is a public hearing. City of Fortuna urban water management plan and adopt a resolution 2011-25. Presenting the staff report this evening is Dennis Ryan, our director of public works and city engineer. Thank you, Dwayne. Good evening, honorable mayor and council members. The item before you at this time is a public hearing to consider adopting an urban water management plan for the city of Fortuna. The city has recently contracted with environmental and freshwater environmental services to assist in the preparation of an update to the city's urban water management plan. The plan is a regulatory requirement geared primarily toward the efficient operation and maintenance of water systems. And it does have a focus on water conservation and drought emergency planning. City last prepared a plan in 2000 and although the plan is required to be updated every five years, the city did not update their plan in 2005. The 2010 update deadline was postponed to July 30th, 2011 due to significant changes both in the program and in the plan requirements. Although this is a regulatory requirement, in the past there's been little incentive to update these plans, especially in geographic areas similar to the north state, who typically see very small population growth, little history of water shortage and water supplies that have historically been abundant. The north coast has also seen a significant decrease in water demand as a result of several of our local businesses going out of business. A current urban water management plan has recently been added as a requirement to receiving certain grant funds associated to the Department of Water Resources, including several of the programs to which the city has submitted grant applications. Therefore, obviously, the incentive to update urban water management plans has changed pretty dramatically. The plan requires that urban water suppliers report, describe and evaluate four major areas, water deliveries and uses, water supply sources, efficient water uses and demand measurement management measures, which are can be thought of as best management practices for the operation of the water system. We have prepared a plan. It's quite lengthy. It's quite detailed. The plan does not answer every question, but it does describe a timing and it sets a template or a plan for completing all of the items that are regulatory requirements. One of the things that is very interesting to note is that it does force you to look at your water consumption historically. And if you look at the graph on page two of the report, this is on page 30 of the council packet, you will notice that over the past five years, there has been a significant decrease in water consumption within the city. We believe that this is a definite factor of being more conscious of and conscientious about the use of water within the city associated with the new water rates that were implemented five years ago. The procedural and I should also mention that you will see and we will talk about that considerably in more depth and in much longer, more detail when we talk about water and sewer rates that has had a significant impact on how we structure those rates. The procedural requirements require several things, including a 15 day public notice prior to the public hearing of the plan. It requires city council review and approval. It must the plan must be available for public review during normal business hours, at least 30 days prior to submittal to the Department of Water Resources. It's required to be submitted to the Department of Water Resources, and it also must be submitted to the California State Library. We have taken care of the noticing requirements. This is the public hearing to consider city council review and approval and draft copy is included in this plan. If council chooses to adopt this plan, we will take care of the making it available for the required time and posting it both submitting it to both the Department of Water Resources and the California State Library. The plan, as I mentioned, is quite lengthy. There's one other thing that council should be aware of as a result of this process. We are pursuing clarification of documents that have bounced around the city for many years in regards to surface water rights on the Eel River. We're talking with the Department of Water Resources. There are some details that may come out of those conversations that may require some modifications to this plan. It will be quite some time before those questions are answered. We would suggest that this plan be adopted at this point in time. And depending upon the outcome of those conversations, we consider whether or not modifications are required to the plan. We'd be more than happy to answer any questions that council may have. Any questions of staff at this time? Just a comment or two. You've got 75 pages of writing here, and I found it very difficult to find any meat on the bone of this thing. Where did it take us? What is it doing? We either respond in the negative. It's not applicable, the Fortuna, or another statement on here that is given quite often with the DMMs is not a foundational DMM. So it's a nice historic document, and it says we're going to do some things in the future. But it sounds like you I mean, to me, it looks like you did a lot of work to satisfy the state requirement that. At least not tell us anything. I'm not going to argue that point. Warren Plocker is here with Freshwater Environmental Services. He can he's the one that actually prepared the plan. If you have specific questions of him, I'd be more than happy to make him available to answer those questions in response based upon the level of detail that I am familiar with the report. You are required to address certain specific items and you have three or four different courses of actions to document your consideration of those those topics. And those are the elements that you identified of. You've either done something about it. It's not applicable. You can demonstrate. I think that it's not financially feasible. And then the foundational element, I believe, and maybe Oren can provide additional clarification. But I believe that that's not like one of the required elements. You can adopt it if you so choose. Is that basically correct? Or excuse me, could you come to the mic, please, so that we can record it? Thank you. Thank you. To address the foundational demand management measures and the programmatic measures that you have more options on and the fact that you've seen such dramatic reductions in your gallons used per person per day. It's the gallons per capita per day that keeps on coming up in that discussion there. As you've already seen such drastic reductions, it gets you out to do some of those programs. But there still may be good reasons for looking at those in the future. We're so far under stated goals in this report that we're going to need a lot more houses and a lot more people to get that gallons per use per day figure up to our goal is to have it less less. Right. We've done a really good, you know, you guys have done a really good job of reducing the consumption per person. That's a good thing. Does the closure of the mill site here in town, does that attribute to the lessening of consumption? Is that factored in in the gallons per capita per day figure? The gallons per capita per day is based on the amount of water that's produced divided by your population. If your town had 10% or more of your water going for industrial uses, then there would be a process by which you could eliminate those to focus on just what your residential use. Residential. Total production divided by population and ends up with these reductions here around 100 gallons per person per day, which is really good. You thank you for being here. I'm at the nice meeting you in the audience. It is very unique that we've done the sewer water increases, which ironically have facilitated meeting some of these mandates. And I decided to tweak the numbers, always like playing numbers and then coming up with at least the basis. In year 2000, going by the 132 gallons per day, that works out to 555 cubic feet. So if you have a water bill that reflects that and you're under that, guess what? You're close, but you're still a little bit above the low amount, which is way below the target of 2015 and 2020. The low amount that's been reflected right now is an average of 430 cubic feet. And I think some of us up here could probably combine both of ours together and come up with 430. So a lot of people are meeting that requirement. And the program for our bond payback has made that happen. Although there are other people that the sky's the limit and they have a lot of things in their home. And we can't really find them in penalty, but it's the averaging, the mathematical averaging concept that what you were referring to that we go by. Yes. You have material information in here that reflected Scotia and what happens in Scotia stays in Scotia. What happens in Fortuna as a water supply stays in Fortuna. And we definitely don't distribute our water anyplace else, which is interesting, but it's in-house. And what you reported as components of the breakdown of materials that were negative, not what you want to find in our water. I'm not sure whether that was reflected because of Scotia's breakdown, the Manganese and so forth. We don't have stinky water in Fortuna. It comes from an old river bar, old, old river base that thousands of years ago used to be above the bluffs where the trap club is. But it just swings around and does what it wants to do. And the volume of water that you refer to as aquifers, I personally think that we have probably one of the best water supplies in the state of California because the people in the valley are trying to force mandates against us to change our ways. When technically, we don't have anything to say about their water supply that comes from Shasta or from the Sierras. So, yeah, we do have the best of the best, the best water. We don't have to be paying homage to the Humboldt Municipal Water Works. We don't have to worry about the poor quality of water in Riedel or the limited supply of water that's in Scotia. So it was good information. I plowed right through it and found some stuff interesting. And one of them was on page five in year 2010, a total of 440 million gallons of water were pumped from our wells for the city of Fortuna. That works out to 1,205,000 gallons per day, which is a phenomenal amount of use. There must have been a lot of fire trucks squirting water that day. Or a lot of watering for our parks. But anyway, thank you very much for providing this. And it's great to be able to not have to jump through any more state hoops because we've already met that quota. We just have to stay there. We will. We will. Your projection of growth, I think, was 1.3 percent per year. Yes, sir. I don't think that's going to come into play. You know, we're going through a crisis in our state and I don't think the growth is going to occur to that level. We did for 12 years really jump high on the hog and build a lot of homes and relocate people from elsewhere. But I don't think that's going to come into play and that'll probably be in our favor. Thank you. Any other questions? I don't know if it's Orrin or Dennis, but there are several references to items that are going to be completed or implemented by July 2012. Who's doing that and who's keeping track of all of those things and making sure we get them all done? The city will be responsible for keeping track of those and completing those. And so where it says our DMML conservation coordinator is freshwater environmental, what are they going to do exactly then versus what the city is going to do? They will be reminding us of things that we need to do and will be determining whether or not it would be most cost effective for us to complete those in-house or have them take the primary lead in completion of those items. And then that cost for that service will be taken out of the enterprise? Yes. And is that currently a budget item that we're going to be talking about tomorrow? Has that been taken into account for the 2011-12 budget? It's included under consultation services. I don't know that there is a specific item for each one of those items, but it is estimated in the consultant services. Yeah, it wasn't very fun reading. Orrin, could you try to do better? There you go. Dennis, could you speak to the adjudicated water rights that the city may or may not have? It seems to me in the general plan background discussion that our subsurface pumping from the basin was fairly secure. We don't take surface water off the Eel River. Is that two different things or is it the same thing? Well, that happens to be the question that we're primarily investigating with the Department of Water Resources. What we have found is that DWR seems to be fairly anxious to assign surface water rights to anything that they think may even remotely be related. I'm not sure what the philosophy is behind that, but there are many questions around that particular item that we are pursuing with DWR. When we talked about on page 67 plans to fully implement the DMG by July and then it says all these things we're going to do, what do you mean by contacts with the public four times a year? There will actually be public education outreach programs where we will go to schools or we will make presentations. So anytime you go somewhere, say a school or wherever it might be, that's considered one of your four appearances? Yes, and it could be a rotary club, it could be Chamber of Commerce, it could be... It won't necessarily be a council thing where we have to do this four times a year. You don't have to sit through this. So the education programs would be basically conservation? Yes. This whole 70-some pages was on conservation basically? It's focused on conservation and drought planning and management. Any other questions? No. You want to open it to the public? Yes, I'm going to open it to the public. Anyone from the public that would like to address this matter can now take the podium please. Move to close public comment. Second the motion. We move and second it to close public comment. All in favor signify by saying aye. Aye. And what's the pleasure of the council? I'll move to adopt resolution 2011-25 and read by title only. Second the motion. It's been moved and seconded to approve resolution 2011-25, a resolution of the city council of the city of Fortuna adopting the urban water management plan. I just had a question. On the resolution itself on about the seventh, whereas down below it says the city did not receive any comments and that at least with mine looks like it's shaded so that's taken out? It will be, yeah it's a statement of fact but we didn't know it to be true until now. So it stays in? So it will stay in. Okay. Thank you. Okay. This will be a roll call vote. Councilmember Glauser? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Tem Zanze? Yes. It's been a while since that one. Mayor Stroh? Yes. I apologize. Next item on the agenda is to consider adoption of council's policy and procedures manual, adopt resolution 2011-14. Honorable Mayor and council members, this is really your project. This was something that the city council had made a desire or a statement about, particularly brought forward by Mayor Stroh. And you have been working as you know, several workshop sessions in the early mornings. I think there were four of them if I remember correctly. Staff provided you with a couple of options of various examples from other cities. You selected one that was probably more in tune with Fortuna and then went about modifying, adding, correcting and making it Fortuna's own. And so you know more about this product than certainly I was there with you, your city attorney was. But this was, I think, a very big step forward. And so staff is presenting to you this evening based on your last workshop where you seemed to be pleased with what the final modifications were and is being brought to you for adoption. And at this time I'd also like to make a point of thanking Linda Jensen. She did quite a bit of work on researching this and also following the corrections and providing you those documents. It was quite a bit of work. I thank you. So staff is suggesting and proposing that you adopt this manual through the adoption resolution 2011-14. I like the process we went through to come up with this handbook. We really, in prior councils there wasn't a guideline for anybody new coming on the council to kind of understand what the council was all about and some of its responsibilities. So I think what we were able to accomplish was to come up with at least a nice little handbook to start out for us and for everybody in the future. It's something that can be changed in the future or whatever. Linda did a fantastic job of gathering handbooks from quite a few different cities that we got to read and choose and pick from. And then she went to listen to us through all of our meetings and did all of our corrections and etc. And it came out, I think it came out to be a good document anyway. So that's my comment. Anybody else have any comments on it? Yeah, I just wanted, excuse me, so go ahead. Just to echo the thank yous to Linda, she was very patient with us and she had helped us with wording and ideas and it was a good project. Et cetera, et cetera, et cetera. And product is an excellent product I believe, so it's well worth it. It's also, I want to thank Linda too for the work she did, but it's also a reference set for the public to look at to see how we are supposed to conduct our business and to make sure that we do that by our own rules. So again, thank you Linda. People give the public that want to be candidates actually know what they're up to as requirements and obligations rather than coming in extremely naive nine years ago and learning from the very get go that you have a lot to do. But yeah, great job Linda and you facilitated it. We absconded wordage from other cities and made a wonderful workshop book, so thanks. I think it also will help the public if they actually look at it when they are wanting the council to intervene or help them with something, they'll realize just what the council is supposed to do versus what the city manager and city staff is supposed to do. So that I think will be helpful in the future too. It will be available on the website after you guys have completed your mission. I don't know if you could hear Linda at that time, but she said it's going to be available on the website when we're done. So do we want a motion? Need a motion, yes. Public comment. Oh, well I guess we need public comment. It says so on chapter. That's right. It's in the head. It's in the head. Is there anyone from the public that would like to speak on this topic? Mr. Mayor, make a motion to close. You're coming. Too small. I want to congratulate you. It's a very fine document. It's nice to know how something gets on the agenda and that there's a process for that. To know the process when you come in, to stand here to know the process is very helpful. I do have to say one, I have to give, I say one thing, repeat one thing that I said before, even though you've heard it before. And that is that the interface with the public, the one thing that is missing is follow up. We refer to the city manager who follows up, who makes sure that what happens. I have given you a complaint and as far as I know it's in limbo. I don't want to bring this up but it's been eight weeks. And there's been no follow up. Nobody has contacted me. Nobody contacted me when I gave it to you. I saw it on the agenda that it was coming up. So there needs to be follow up. When people contact you, there needs to be some follow up to know that, you know, who do I go to if I don't hear anything once I contact you. Thank you. Thank you. It's good advice too. We'll have to pay attention to that. Thank you. Any other comments from the public? No, Dean. No, Dean. I want to sleep on it. I can do it. I can do it. Mr. Mayor, make a motion to close public comment period. Second. We move and then seconded to close public comment period. All in favor signify by saying aye. Aye. All opposed. I'd just like to take a minute real quick to thank Janelle because she did sit through most of our workshops and she had several comments that were helpful and we incorporated some of what she said into this policy and thank you for being there. Yes, that's true. So which one are you going to be brave enough to put this into policy? Me. Okay. I make the motion that we adopt resolution number 2011-14 and read it by title only. Second. It's been moved and seconded to approve resolution number 2011-14, resolution of the City Council of the City of Fortuna adopting the council policy and procedures manual. Takes a roll call. Councilmember Glazer? Yes, ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Tem Zanzi? Yes. Mayor Strull? Yes. And I congratulate all of you as well for working as diligently and cooperatively as we all did. And we learned from this that kin does not like etc.s. I have a page of them coming up. Okay, moving on to the next item on the agenda, item C is to consider authorization of extension of the 2010-2011 fiscal budget for both the city and the redevelopment agencies. Adopt resolutions 2011-24 and RDA 2011-01. Dwayne? This particular staff report and what the two resolutions allow the council to do is to extend this year's fiscal year budget into next year. And as you know, tomorrow night we take up reviewing the draft proposed budget for you and we have two meetings set aside for that Tuesday and Wednesday. And I suspect that we will get through the entire budget in that timeframe. With that said, based on the comments and direction we get from staff, we'll need to prepare that budget for your official adoption of it, which at the earliest won't occur until Tuesday, July 5th. So moving into and of course it doesn't always go as planned and there might even be a reason for extending that to even a later meeting in July. So what I didn't want us to do is enter the new fiscal year as of 1 July without a budget in hand. And so this was a procedure that we have done in the past, which essentially extends the current budget and its element since the new budget isn't radically different from this one and gives authority for the city manager to proceed continuing operate the city government and to operate the redevelopment agency, which includes issuing payroll to our employees and as well as continuing our other operations. This particular resolution does have a timeframe. It is good until July 31st of 2011 or until the 2011-2012 fiscal year is adopted, budget is adopted, whichever occurs first. The intent here is this is a very short natured short term resolution that certainly wouldn't have to go beyond the month of July unless some extenuating circumstances come up and then again we would have to extend the budget. But that's what's in front of you this evening and staff is recommending that you adopt resolution 2011-24 and RDA resolution 2011-1. Is there any discussion or questions to the city manager? I have a question regarding payroll. If we approve COLA's, how does that affect the payroll that would be paid in July or is there a payroll due before July 5th? There isn't. Well, it will be coming due, but it will be for payroll that occurred in June. So it wouldn't be. Okay. So at this particular time we have not and we do not have an agreement to do affect those. So if we go forward with those that's going to have to probably be the word that the finance department hates and you probably appreciate it is retroactive stuff. But that would at least allow us to honor the payroll. I think I answered your question. Well, unless we go beyond July 31st, we'll be okay, right? That would be and I certainly hope we don't get past July 5th. Okay. Any other questions in the line? I'd like to open this to the public. Anyone from the public like to address this item? Move to close public comment. Second the motion. Moved and seconded to close public comment. All in favor signify by saying aye. Aye. All opposed? So closed. Mr. Mayor for the city. I move to adopt resolution 11 2011-24 and read by title only. Second. It's been moved and seconded to approve resolution 2011-24 a resolution of the City Council of the City of Fortuna authorizes the extension of the 2010-2011 fiscal year budget. Roll call please. Councilmember Glazer. Yes ma'am. Councilmember Long. Yes. Councilmember Losey. Yes. Mayor Pro Tem Zanzi. Yes. Mayor Stowe. Yes. Now we go on to the redevelopment agency. For the redevelopment agency I move to adopt resolution RDA 2011-1 and read by title only. Second the motion. It's been moved and seconded to approve resolution RDA 2011-01 a resolution of the Fortuna redevelopment agency. The City of Fortuna authorizes the extension of the 2010-2011 fiscal year budget. Roll call please. Councilmember Glazer. Yes ma'am. Councilmember Long. Yes. Councilmember Losey. Yes. Mayor Pro Tem Zanzi. Yes. Mayor Stowe. Yes. Okay. He wants to go ahead. Yes. Okay. Moving on to the next item on the agenda. It's a public hearing to consider the adoption of various fees for city services provided in the area of city manager, city clerk fees, community development, building permit fees, park and recreation fees, police animal control fees, River Lodge Conference Center and Monday club fees, transit fees, water and wastewater laboratory fees, extensions of the water and sewer rate fees and adopted by resolutions 2011-15, 2011-16, 2011-17, 2011-18, 2011-19, 2011-20 and resolution 2011-21, 2011-22 and 2011-23. Staff report please. Honorable Mayor and members of the council. These fees were reviewed with you at our workshop on May 31st. We went over all the items and I think we got some direction items. Most of these fees are have very little change at all from our current year fees. There were a couple of exceptions in park and recreation, community development, building development, development of new fees have stayed exactly the same. Water and sewer is staying exactly the same. By and large there are no proposed changes in the fees. What this does is move these fees into being able to be collected for next year's business. There's one exception I did want to point out in the staff report on page 180. There was some fees that were I believe addressed by Councilmember Glauser at that workshop and whatever it was worth we did some research on it but didn't extract them. If you look on page 180 there's a waiver of sidewalks and parking lane fees and it does talk about a fund. It says the fees collected under this section shall be paid into the collector and artilier road improvement fund. I'm afraid to tell you this has been in our resolutions in the past and really I've never picked up on it. We don't have such a fund. Never did. This was a fee structure that was created some time back. I don't know exactly when. As far as I can tell and from all the review of this we've never imposed it. Never had a purpose for it. Reviewing it yet again we don't see where it fits in with the purposes of the city in the future. So therefore I'm recommending that that particular item be deleted from our fee structure. I'm sorry I didn't point that out earlier and that was identified in the staff report but it serves no purpose that we can see of and in fact has never been used or have any evidence of ever using it. If we do need something like that in the future I would suggest we would rewrite this or go about it a little bit differently than how this approach was. I don't know what particular problem or situation was in front of us at the time that this was being proposed and subsequently adopted but it didn't seem to ever manifest itself and certainly we don't see any need for it now. That's my staff report. Any questions? Does anyone have any questions? No? Yes. Yes go ahead. Yes my last comments on this item related to the term etc. used in fee schedules and the necessity to have our fees described with great clarity if we're going to charge people for services. We have within our fee schedule charges for etc. that range from zero dollars on page 176 for ministerial business licenses. We charge up to $500 for an etc. regarding the rodeo ground rental on page 198. So again I think it's necessary if we're going to say we're going to charge people for something that we say what it is and not leave it to people's imagination. So those fees exist on page 154. Residential sewer rates. There's an etc. there we charge $38.75 for on page 176. I mentioned that one page 188 temporary power service we charge an etc. fee for $19.72. Page 194 a mechanical permit for a we charge for an etc. there of $75. Page 198 the rodeo grounds I mentioned that one page 199 we charge $25 an hour for an etc. there or $2 per person. And on page 199 the recreational hall fee we charge an etc. fee there for $20 to $25 per hour. So just to make it clear in our fee schedule I think it's necessary to say what we mean in those seven or eight instances. They've been in the fee schedule for years and I guess nobody's complained about being charged for an etc. but they're there. You have a good point. And actually when we took the etc. out of our manual it made it clearer and sharper and more precise. So I don't know whether we could approve this and ask for those to be removed. We could do it that way. I believe you can do that and I would ask Mayor Pro Tem Zanzi just to make sure that I wrote down all the numbers. Thank you. I think we could do those edits and I certainly have going through the etc. discussion on your other manual. It did add a lot of clarity and I think it's time overdue and I believe staff based on your direction would have then the authority to go through these and make the appropriate corrections or in this case deletions. Any other questions of staff on the fee structure? We kind of went over this pretty good back in May. This is going to be an interesting one because we do have quite a few resolutions. We want to start with number two. We have to open the public hearing. Yes. We have to go to the public hearing. Anyone from the public like to speak on any of the fee structure? Of course. I want to speak to the extension of the water and sewer rate fees. Of course, you're going to extend them, not changing them, but I want to take this opportunity to respond to the comment that the $100, $75 is for the whole process of disconnect. The fee needs to be based on what you do. That's a fee. It's not a penalty. If it's a penalty, you already have a penalty. It's 10% per month overdue. You may have to change your door hanger to say that at this point there's an additional penalty or additional fee and then the additional fee. Do you see what I'm saying? She said that it's for the whole process, but all the process hasn't been when you turn off the water, if you don't turn off the water, if they've already paid and you don't turn off the water, then you're not doing that part of the service. Just look at the process over here. Okay, you were pointing, so I thought you wanted me to look at it. Sorry. The fee is $100 to turn the water back on, but if the water hasn't been turned off, you're charging a fee for something that hasn't been done, which is a penalty, not a fee. Some of that fee is the process that we have to go through in all the staff time and stuff up to that date. Yes, yes. Pretty close it probably. But the big cost is the door hanger and the turning off and turning on, or turning on at that point. But if the water hasn't been turned off and turning back on, but if the water hasn't been turned off, you haven't done that. Okay. Okay. Yep. Oh, and sorry, one more thing. Just because you're going to, to let you know right now, our fee, reconnect fee is the highest. I looked at five other water services in the county. Ours was the highest except for Arcata. It goes to 132 if disconnected three or more times. But other than that, you know, 78, 65, and then we go, that's for subsequent. Our begins at 75 and goes to 100. So just wanted to let you know, ours is high. Thank you. Does staff want to respond to any of that? I don't know if it is, but as we pointed out in this illustration, there's a lot of work before we actually get to turning a water meter off and that's part of the cost. And the point of this is, as was also made in the previous presentation, there's a cost of doing that. And so the approach of this, it's being paid for by the person that is requiring that additional notification service of the city and not the rest of the rate payers. This whole thing is about protecting the cost to all of our rate payers. And so if there are customers that require additional notifications such as mailings and bills and door hangers to remind them to keep their account current, we feel, staff as we presented these in other fee resolutions, they're putting that cost onto the customer that requires that service, not all the rate payers. Because as was pointed out, there is bad debt and bad debt is absorbed by the rate payers. Thank you. May I make a comment real quick? I just wanted to clarify something that I'm seeing that's not being understood is the whole 10 AM and your water is considered shut off. If there are 25 people that need to have their water service turned off, it takes them time to turn everyone's water off. So if the person whose water is shut off right at 10 AM comes in and has to pay a reconnection fee, why shouldn't the person whose water is scheduled to also be turned off that day but they didn't get to it until noon not have to pay that because they didn't get to their house by noon? So that's the reason why there's an absolute deadline for that reconnection fee. And then once their bill is paid again, the finance department is on the radio letting them know this water's been paid, please turn that water back on. And sometimes the payment is happening simultaneously with their water being turned off. So they may come in saying, I'm here to pay my bill, it hasn't been shut off yet. But while they're in there, their water could be shut off. So that's the reason for that 10 AM deadline. You can't give the person whose water hasn't been shut off until noon a free ride just because their house is further down the road than the person who shut off at 10 AM. Everyone is treated the same and that's why everything that's sent to them says 10 AM. That's to be fair to everyone. Thank you. I just wanted to clear that up. I did that for a long time and that's always been our policy. So I wanted to clear it up. Thank you. Mr. Mayor, make a motion to close public comment period. Second. It's been moved and seconded to close public comment period. All in favor signify by saying aye. Aye. All opposed? So closed. I just had a mic with a question. I had to step out, but was there any discussion about delaying payment with the contractor's development fees? That was brought up the last time, I believe. If you recall at the workshop we talked about it and it was a question whether there was still some interest in doing that. We have not received any communication from anyone officially either by letter, by phone call that I knew of. If that's something the council would like to do again, we can bring it to you at another meeting. But right now without any other action, the action from last year will end I believe on June 30th. For anyone that's in the cycle now and I think we only have one, that will continue on until the house is occupied. So it stays in effect while it's under construction no matter. But it would mean that there are no new ones unless the council so directs us to go ahead and bring it back to you. But after our workshop meeting, I did not again hear any interest to do that. I thought the idea had some merit and I know that there was some discussion about that and I thought that we were going to have additional discussion or maybe just include it back in for our purposes for the city. It is virtually no risk because there are liens placed on the property that ensure payment at some point in the future. If there's interest from other folks. There was one public speaker that expressed an interest in the meeting when we talked about it. I believe we asked if there were others out there because the numbers didn't look good, none out of so many and if there were others out there that might want to avail themselves of the procedure to come forward and talk to us and apparently none did. So it expires. I don't like delayed obligations of payment. It occurred with $17,000 lost from the Paris subdivision that we never collected on because of it slipping through the loopholes in City Hall. Sidewalk repayment grants, not granting, but loans that were sort of lost in the shuffle and this was experimental. It showed that there was not enough overwhelming reception by the billing community. It didn't stimulate a lot of houses being built on speculation so I'm definitely in favor of eliminating it and not perpetuating it. Well we don't have to eliminate it automatically. We can bring it back again but right this current fiscal year it's off the grid. It's not going to be continued. Mr. Mayor, you need a resolution to start off the race. I would like to make a motion to approve resolution 2011-15 resolution of the City Council of the City of Fortuna's continuing water and sewer rates and fees for the City of Fortuna established for fiscal year 2010-11 into fiscal year 2011 and 12. May I have a friendly amendment to that resolution? That the et cetera's be removed from that verbiage in that item? Sir, every you pointed out et cetera's that would be passed on to staff's responsibility to direct. Second. It's been moved and seconded to approve resolution 2011-15 a resolution of the City Council of the City of Fortuna continuing the water and sewer rates and fees for the City of Fortuna established for fiscal year 2010-11 into fiscal year 2011-12. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. Mr. Mayor, I make a motion to adopt resolution 2011-16 setting City Manager's City Clerk's fees and read by title only. Et cetera's. And et cetera's that have been pointed out by none in that group? None. None in that group? No. Oh okay. It's not just the first. It's got a list. Second that. It's been moved and seconded to approve resolution number 2011-16 a resolution of the City of Fortuna establishing a schedule of fees and charges for the City Manager and City Clerk. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. I'll go ahead and move to adopt resolution 2011-17 setting community development, development review fees and read by title only. And I would like to add onto that the page 180 to remove the fund that states the fees collected under the section will be paid in the collector and arterial street improvement fund that would be removed. And I concur. Along with et cetera's. Et cetera's, yes sir. And et cetera's, yes. Councilmember Glazer? Oh I'm sorry you have to read it. I second the motion. It's been moved and seconded. It's been moved and seconded to approve resolution number 2011-17 a resolution of the City of Fortuna establishing a schedule of fees and charges for the community development and development review. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. And I'll move to adopt resolution 2011-18 setting community development building permit fees and read by title only. Including the et cetera's. Yes. Clean up the et cetera's. I second the motion. It's been moved and seconded to approve resolution 2011-18 a resolution of the City of Fortuna establishing a schedule of fees and charges for the community development and building. Roll call please. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. Councilmember Losey? Yes. And I'll move to adopt resolution 2011-19 a resolution of the City of Fortuna establishing a schedule of fees and charges for police and animal control. Roll call please. Councilmember Losey? Yes. Mayor Stroud? Yes. Mr. Mayor I move to adopt resolution 2011-20 setting police fees and animal control fees and read by title only. I'll second that. It's been moved and seconded to. None. It's been moved and seconded to approve resolution number 2011-20 a resolution of the City of Fortuna establishing a schedule of fees and animal control fees and read by title only. I'll move to adopt resolution 21. Councilmember Glazer? Yes. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. Mr. Mayor I make a motion to adopt resolution 2011-21 setting River Lodge Conference Center and Monday Club facility fees and read by title only. Second. It's been moved and seconded to approve resolution number 2011-21 a resolution of the City of Fortuna establishing a schedule of fees and charges for River Lodge Conference Center and the Monday Club. Roll call please. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. Mr. Mayor I make a motion to adopt resolution 2011-22 setting transit fees and read by title only. Second. It's been moved and seconded to approve resolution number 2011-22 a resolution of the City of Fortuna establishing a schedule of fees and charges for transit. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. And last here we have a motion to adopt resolution 2011-23 setting water and wastewater laboratory fees and read by title only. I'll second. It's been moved and seconded to approve resolution number 2011-23 a resolution of the City of Fortuna establishing a schedule of fees and charges for water and wastewater laboratory. Roll call please. Councilmember Glazer? Yes ma'am. Councilmember Long? Yes. Councilmember Losey? Yes. Mayor Pro Temzansi? Yes. Mayor Stroud? Yes. That was, I got through that one. I tried to talk him into letting us do it all at once but they wouldn't let me. Is that a fight in between over there? Are you sure? Because he might have just said it depends. No he didn't say it depends though. Maybe. Okay. Moving on to item E is to designate a city's voting delegate at the annual League of Cities meeting. Each year the League of California cities request that each council, each city designate a voting delegate or an alternative, alternates to vote at the League of California cities policies at the annual meeting. The annual meeting this year for the League of California cities is in San Francisco and I know Councilmember Glauser has stated he is interested in attending that conference. In the past this action, let me back up, this action has to be taken by the City Council directly. It has to be by a vote because we register that and any voting delegates or their alternates are noted and receive a special voting delegation, I guess voting paddle and are segregated from the rest of the audience when the League goes into the actual voting on the various annual policies adoption. Some years it's very perfunctory. Certainly I've attended some meetings where this whole voting thing has extended for hours on controversial issues. It's amazing how dynamic the state is in its political stance and it's certainly demonstrated on how different cities act on various issues including internal policy of the League. So anyway the items in front of you for your action, it's really up to you. This year and last year I did not attend the League conference as we have in the past and I believe last year only Councilmember Glauser attended. Last year we did not go to San Diego because it was not cost effective and inappropriate for us to spend the time for that. I'm remembering the past. The world will not come to an end if we don't have anyone there to vote on it. I don't know what's on even being proposed for voting by the League this year but our focus has been predominantly on still trying to resolve state issues and their problem with their own budget. That's my staff report. It's your choice as to how you want to proceed with this. Just so everyone knows, Dean has been our voting delegate for two or three. How many of you? Four. Four. Anyway, so we voted him even though there was times there was three or four of us at the meeting. Dean was the one that stayed a little longer because that part of the meeting of that conference goes later on in the day. The most controversial was in San Diego about five years ago when all of us except for Mel Bertie could not – we attended and he stayed home. I was the voting delegate and there were three caucuses that were requesting to have voting powers which turned out to be so controversial that it was amazing. Everybody left saying, bye-bye, see you later. The nice part about that was that we had to leave because Saturday was the centennial of the city and we had to cook hot dogs and hamburgers for the city. Rest of the council had to get back here. Dean opted to sit through the meeting and take care of us down there. I got to carry on a conversation with a Nigerian cab driver to the airport. It was good. Anyway, I think it's important if anybody really wants to go to this because you got a little taste of a league of cities when we went down to the training earlier this year. This one will be – I think it's three days but there is classes on numerous things you can go to. Your day can be full for beginning to end and it's really neat to get in there and learn the different aspects. More than one goes, you can cover more areas. The last one we all sat in the same room, heard the same thing. This one's divided up into different classes. If anybody wants to go, if we can figure out a way to squeeze it out of the budget, people should go. I've been to two or three of them and they're well – they're worth it. They are very interesting and you point to their very informational field. League does, I think, a fantastic job of putting a manual conference on for all their members, which is all the cities in California. What is it, September? Next fiscal year? Next fiscal year, you'll be talking about that budget tomorrow. Budgets tomorrow. Okay. It's September – Wednesday, September 21st. You have to show up the 22nd, Thursday and then the voting is done on the 23rd, Friday and then you come home. So it's Wednesday to 21st, 22nd and then Friday is the voting and then you return home. It's in San Francisco? Yes, Moscone Center. And they do cover a lot and there's also a trade show in the middle of all of it and you can go into the main hall and see all the vendors that sell the cities and see all the new products. It was really interesting when we were looking for street lights uptown. You could go see all the different vendors to understand what they had. I was there. That's where Dean found out about it. Permeable concrete that I keep on wanting Humboldt County to have. But you know, it's things like that, you know, it's stuff when you get out and get around these people you can learn a lot. So something we ought to think about. But at this time what we're going to do is we have to pick – we can all go to it if we can come up with the money or a couple of us, but we do need to pick a person to stick around on Saturday to represent the city for the – A voting delegate and an alternate? We could do that, yes. Well I just – okay. We're not making a decision yet. I know I should open public comment. One reason I always have a problem with this is because for a long time we opened public comment before the councils talked. And we used to get a lot of flack for talking a lot afterwards. So I've been trying to get the council to get the talking out of the way so that the public can chime in on what we've talked about instead of the other way around. But by doing that it puts me right up against the wire. So I keep forgetting to open the public comment. So I apologize for that. So I'd like to open public comment right now if anyone would like to speak on this. Move to close public comment. Second. I very much second that might be conflict of interest. Yeah, you can second. The move is to second it to close public comment. All in favor signify by saying aye. Aye. Opposed? Closed. Who wants to be our alternate? Actually going just to see how the process works and everything. I would like to at some point too but that's right after my daughter's wedding. I think I'm not going to be just going to have to do some work at my real job. It doesn't bother me to have another person serve as a delegate. I'd rather share it, let everybody experience it. But last year Dennis got up and said I think we should have a representative but I said the cost factor was so far down there and they really didn't vote on anything that was important and you really don't know what's going to be brought up at the last minute as a proposal. So it might be some sneaky little thing that might affect us, might not affect us. But the distance is not that bad. It's not that controversial. And I think it would actually embrace a couple members going. It is a lot of fun and I said the classes, sometimes the classes are redundant and other times the classes are interesting because you know who the council person might be or city manager that's teaching it and doing that hours discussion. And it's also a chance to co-partner with people that you've met in the past to find out what they've been doing because we actually have been helped by finding out new ideas that we've never thought about and somebody's already experienced that, done it, walked it and we get to learn from their expertise and we get to apply it. So however we network, it's a win-win-win. And so if you want to have two of us go, I'd definitely like to be a voting delegate or if Mike wants to be the one that stays and I can jump ship bail faster, that's even better. No, I'd just as soon have you be the voting delegate. I would just like to see how the process works. Ken, you said you have not been? You want to go? You're welcome to go. So therefore I'll make the motion to designate Councilmember Dean Glauser as our voting delegate and Councilmember Mike Losey as our first alternate and Councilmember Zanzi, Mayor Pro Tem, as our second alternate for the annual League of California Cities meeting. I'll second that. Any discussion on that? It's been moved and seconded to nominate Dean Glauser as our voting delegate and Ken Zanzi and Mike Losey as our alternates and it's a voice vote. So all in favor signify by saying aye. Aye. Opposed? So passed. We'll talk to Linda. Travels are. Is there a flyer on that? Yes. There's some out. We'll have to get you something. We've had some cut up dates where the lodging has already been started to be opened. I'll have to talk to my Mary Creasy. Maybe a trailer on Mission Street might be better. It's closer. Yeah. So let's move on before we get in trouble here. Next is the City Manager's report. Thank you. You have my written report of the upcoming particular council meetings that we have and reminder tomorrow and maybe even Wednesday, depending on how much we get done tomorrow, is our budget workshop with the council. It won't be a televised meeting but it will be here and the public's invited and we're starting at 4 p.m. and going until you say you're done or until we continue it into Wednesday if necessary. Then the next council meeting will be on Tuesday. Next regular meeting will be on Tuesday, July 5th because Monday the 4th is a holiday for the city. Other than that, we're going forward with our regular meetings and as I mentioned on July 5th, I didn't mention on July 5th, you also have a special council meeting scheduled for 8.30 a.m. on that Tuesday morning to take up another workshop issue. Other than that, oh, excuse me, I got to remember turning the page. We have been moving these proposed water and sewer rates for fiscal year 2011, 2012, all the way through 2016 workshop for you to Monday, July 25th. So it's a ways off and we hope to get you that information well in advance so you have a couple weeks to study it. And again, what staff is going to present to you is several different alternative ways to look at water sewer rates for the next five years. Other than that, I have no other issues or items to bring forward to you. Just to amaze me again this year, the state's inability to adopt a budget or even get a budget proposed that makes sense. But other than that, I have no other comments. If you have some questions, I maybe can answer them. Does anyone have any questions of Dwayne? If not, we'll move on to City Council's report and comments. Mr. Glauser. Thank you, Mr. Mayor. I attended the Environmental Equality Committee meeting on the 17th, both the 16th and the 17th prior to the meeting times. The League of California Cities wanted to actually have those committees get together for an informational statement by Chris McKenzie, the Executive Director for League of California Cities. League of California Cities is a joint powers authority that we belong to and it is very, very beneficial for us. They are our partner for representation in the state capital. They go and talk to the politicians directly. We have our say based on what our votes are. As all of us know, last November, 2010, we voted past Prop 22, which was to prevent the legislators from taking from public safety, redevelopment, and transportation. Transportation and public safety have been off the grid, although there are some things for public safety that has been usurped in our budget we'll be talking about. It's going to actually reflect that. But redevelopment. Constitutional amendment, letter of the law. Don't mess with the Constitution. Unfortunately, two of our representatives, Assemblyman Chesbrough and Senator Evans, voted yes on abolishing redevelopment. So all you Democrats out there that think these people walk on water, I got news for you. They took money away from you that actually provides the funding for mandated housing units that we are forced down our throats to provide for low income housing. And I'm curious to find out whether if, what I keep on discussing a little bit later, if it does happen, whether we get to renege on any mandates by the state legislature that those numbers are flushed down the toilet. We start off with zero. But anyway, Chris McKenzie pointed out that Assembly Bill 26 and 27, as well as Senate Bill 14 and 15 for funding of redevelopment that should have been never voted on and allowed to pass, they were a yes vote, strictly straight Democrat party saying yes. And the Republicans stood their ground and said no. But the numbers were against them and they lost. These two bills, the AB and the Senate's bills, are something that because the budget was vetoed by the governor, that they are pretty much standing alone. Constitutionally, legally, they cannot, as a legislature, reintroduce these bills or put them on trailer bills, that they have to be reintroduced once the budget is approved by the governor and signed. So that might happen in the next two weeks, it might happen in the next six weeks. But whenever the governor signs the final budget, then the redevelopment bills, to deny redevelopment, will be presented. And that is when the League of California cities plans to file a lawsuit against the state of California, in the Supreme Court of California, and contest it. And I've been saying that from the very get go that they should aggressively have done this, rather than trying to find a middle ground and make concessions about paying the schools, property taxes, and so forth, which is totally wrong. So I'm looking forward to the next month, what it provides, and I'm looking forward to see what kind of screaming and squealing Chesbrough and Evans will be doing, because they did us wrong. And everybody, this elected official, needs to tell them that. I do want to go back a little bit to what I said on public statement about Jerry Greer. I mean, a year ago when he was elected as first vice commander, he really didn't see the magnitude of what this position represents. I saw it. Being a political figure, I still don't feel myself as being any different than anybody else walking on the streets outside. But looking at Jerry Greer, he's one individual that was potentially going to become commander last June 12th on Sunday in Concord. There was that potential chance that somebody would run against him. During that year's period of time, he flew all over the United States, went to training back east, was representing the AMVETs, and he showed to those officials in AMVETs that he could do the job. He was potential to do that job. In Concord, there were 130 delegates. Not one person ran against him. He was uncontested. And the magnitude of that position is just awesome. There's only one president in the United States. There's only one governor in California. And there's one Jerry Greer as commander of AMVETs. And it's just totally awesome. And I keep on telling him that. And he's so humble that it's just incredible. And I'm just delighted to have somebody living in Fortuna that has that prestigious name and what it means. So I'm not trying to grind it in the ground, but it's awesome that he is one of our citizens. Sue can reiterate on this. In July 3rd, the fireworks, I'll leave it to that. July 4th, on Monday, there will be a parade in Ferndale. Fourth of July parade. As always, everybody's invited to that. There will also be a fireworks display at the Humboldt County Fairgrounds sponsored by Bear River Casino. Thank you very much for doing that. It's a wonderful public gesture. And say thank you to them when you go up to this casino because they don't get enough thank yous. Some of the comments that were made at the EQ meeting, there was one assembly bill that was trying to be promoted that was actually for private garbage companies that they would not be allowed to prevent other communities from coming in and bringing their waste, their solid waste. They're worried that if we were to want to take our solid waste and go to Anderson, that Anderson can say no, we're not going to take it. And if you had enough of those private enterprises doing that, not public, because public's not affected by this, if you had a private garbage company that said no, before long you might be wandering from Fortuna all the way down to San Diego if you were lucky to find some place to receive it. So it was considered controversial. But if it's your private enterprise, you're definitely going to want to make money and you're not going to turn away somebody that wants to make money off of your refuse. But anyway, that's going through the discussion. And there was one, we also discussed about marijuana cultivation and how that would have an effect on your community. And Mark Wheatley from Arcata provided his input to that to let them know how that affected them and what their jurisdictions, and each one of the jurisdictions, the cities provided their input about how they determine whether it was a code issue or zoning issue or so forth. So anyway, Mr. Mayor, it was a good trip, hot place to be, but it was well worth it, you know, getting that information from Chris McKenzie. Thank you. Councilwoman Hsu. I haven't attended any of my council type meetings, but I have been attending the Fortuna Fireworks Festival meetings and that's coming on well. A letter was sent out via email to several businesses to see if they wanted to contribute to the program and how to do that if they so desired. One thing that was omitted from the letter was a deadline as to getting your logo on the poster. So we are going to need donations soon or we won't have time to get posters around town in time for them to meet anything to notify the public that there is an event on July 3rd. The donations will affect, how many donations we get will affect how much we're going to charge this year for the wristbands for the kids. Last year they were free. The committee decided that the event needs to pay for itself between what we can raise at the event and donations by businesses and then the generous donation by Hopson Humboldt. We felt we needed to charge this year so that we can make it pay for itself and that the fireworks show, we increased it from $5,000 show to a $7,000 show which is quite a bit, it's almost double the fireworks. So that was the thought behind it so there will be a charge this year for the wristbands. We're thinking $2 a kid but that's going to depend on how many donations we get from the community. So if you haven't got a letter you can call me or Ken Zanzi is also on the committee and we'll get you a letter or you can just send money to PO Box 491 for tuna. Thanks. Sue, I saw that letter and there was a list of donors attached to it. Were those last year's donors or were those the donors that have already contributed this year? Those were just a list of people that got emailed a letter. But it had a dollar figure with each of the businesses and the civic organizations. It really didn't explain it. I was thinking well maybe that's those are the folks that contributed last year or we have a lot of people that already stood up and provided donations this year. But anyway. There wasn't anything attached unless you were one of the ones that got the letter that I sent wrong in the first place. That's probably it. Strike a record. I sent something out that was from 2010 and then I had to resend it and say ignore the previous email. That might be what you got. So far we've only received two donations for this year but like I said the letters just went out and I haven't checked the PO box for a couple days. Thank you Mr. Mayor. The latest FBID meeting was on June the 1st and although I didn't attend I had a court hearing that I had to attend. I have since then talked to Diana Crowe the director and received some information from her with regard to that meeting. Over the last several months FBID's been looking or the board has been discussing a search for larger quarters. The office over at the Money Club is somewhat small. In addition they were looking for some place that they could also use for storage. They have apparently a lot of signage and banners and things of that nature. And at one point Redwood Capital Bank had made an offer to allow FBID to use one or two of those offices now vacant at their bank and that was a discussion that went on between the board. It was for a one year agreement only and FBID directors felt that because of the only offer for a one year period wouldn't be sufficient. So they did decline that. I think that for now they're probably going to stay right where they're at. The FBID budget was approved and they have approved some funding going to various businesses in town to help with the promotions of the various events such as the Clendon's Apple Orchard for the Apple Festival and different events of that type. The chamber board seat representative will change from Peter Krueger to Dan Weber. Kevin Johnson will remain as the downtown representative. And there were some other changes, some other representatives. And beginning next month hopefully there will be a report from the motel businesses in town and Diana Crowe will give that particular report outlining anything that they might have going on. Thank you. Thank you. Mayor Proctor and Zanzi. Thank you mayor. Just as an item on the agenda, I appreciate you keeping me on the California Coastal Commission but the governor of the state has made it very clear that myself and four other members are no longer members of the California Coastal Commission so if you can take me off there. I don't have to leave a note. Other than that I didn't have a LAFCO meeting since our last gathering. Our next meeting is Wednesday, July 20th. And for me the last couple weeks since we met last has been really nice. I've been able to attend a lot of family and friends type events but no city business in the evenings. Thursday though I will be attending the Humboldt County Association of Governments meeting in Eureka. So that's all I have to report. Anything else anyone like to? Okay then moving on to be a closed session coming up. Oral comments from the public and members of the public may be heard on any item under closed session. Speakers address the council or board limited to three minutes per speaker. Be advised that by law neither the city council nor the board is able to deliberate or take actions on issues presented during oral comment. The closed session items number one is a closed session item the conference of labor negotiation with the city negotiator the city manager Dwayne Rigi employees organization Fortuna Employees Association, Fortuna Police Association and the city office employees association in accordance with section 54957.6 of the government code. The second item is a closed session to discuss public employees performance evaluation according to section 54957 of the government code titled city manager. Under this item the council will be not discussing anything that has to do with any public complaints that have been filed at this particular meeting. There's other items in the evaluation that we'll be discussing. At this time is anyone from the public like to speak on any of these items? To close public comment. Second the motion. It's been moved and seconded to close the public comment period all in favor signify by saying aye. Aye. Mr. Mayor I make a motion to close this meeting. Mr. Mayor I make a motion to close the meeting and adjourn to a closed session. Second. Are you going to close this and move us to a closed session? I'm sorry let me reiterate on that one. I'm going to do it right. I'd like to make a motion to close this public meeting and adjourn to a closed session and after we're done with that closed session we'll return back to publicly tell what decisions have been made. Second. Second. It's been moved and seconded to adjourn this meeting to a closed session all in favor signify by saying aye. Aye. Opposed? So adjourned.