Silence or shut up or at least on vibrate any of the phones or anything else you
might have that makes noise Thank you I like to call the order of the fortunate
city council before to the redevelopment agency of an age of eighty thousand and
eleven please stand for the flag salute. I thank you
. I did
a survey here. Which is there. You know just
. Yes.
Thank you roll call please with their. Council member Glazer. Or council
member or council member there where protests and here are strong here
. Before we go on to your comments there is
a small report that I requested the city manager to give
a simple. Thank you Mr Mayor this is a report of
a conclusion or an action that was directed by the city council in closed session
and in accordance with the authority previously granted to the city manager by the
city council to negotiate and acquire use Ment's for the for the placement of water
mains as part of the Stewart Street water tank project the following easements have
been acquired Virginia James and Virginia Moore and these men are crossed in along
the front edge of fourteen ten garden lane in Fortuna and these men
a mountain what we paid was six thousand eight hundred fifty dollars and that's for
both
a directional bore and an open trench water line he's meant and the other is meant
was from Norma Bennett and that was again along across the front page of thirteen
fifty garden and easement was four thousand four hundred fifty dollars so that's
the conclusion of that close session direction thank you. Questions of doing you
know actually you know we don't need any action OK moving on to World comments from
the public members of the public may be heard on any item of interest not on the
public agenda speakers addressing the Council on board may be limited to three
minutes per speaker comments concerning the Consent Calendar can be heard at this
time be advised by law the city council the Redevelopment Agency Board can only
deliberate or take action on items that are included on the agenda so at this time
is there anyone from the public that would like to speak to this council
area action fifteen twenty eight in St And I would like to know what happens when
not in use or appropriated for
a project and the project isn't done what happens to those monies
. They don't just disappear or do they
. Know at the end of it doing what you had an answer.
I delighted our program money it's appropriate but not used the century has to be
reappropriated the next fiscal year there isn't if projects are in process that's
a different matter if indeed
a project hasn't been done then we need to bring that project forward to the city
council to have the appropriate appropriations Medigap once an appropriations made
it isn't matter that money has been set aside it's just held for that project so
it's not like it goes away or disappears OK And the second thing yes I was
wondering if you could direct me to whomever I would take this little document I've
drawn up and it's if somebody is injured my house because the earthquake damage
still has not repaired because somebody standing on the building permit that they
won't let the contractor have it because they want to know why contractor from the
get legals down here doing it is the only one B.
Had on the church it's low income he's not going to make any money out of it he's
doing this practically of the goodness of his heart and I would like to I would get
to sign this saying if somebody is injured at my house that the city will be
responsible since they're standing on this anybody I think will have
to direct staff to get back on you in that one because I don't have an answer for
you OK that's fine I just like thank you.
I My name's Tim with church and I'm kind of new with this I've never been to the
city council and to ask anything but I have a question that
a couple like asked How do you zone for
a school or when to use own and what how to use on the speed limit for that. For
that area and the reason I'm asking is because for to junior academy up there on
top or Ross Hill Road is
a school in there just up the speed limit to forty miles an hour why is it that we
have never been or have never had
a school zone sign there or anything saying that we have
a school I do notice in the last month they just put up two signs of kids carrying
large pails which is the first time in forty nine years that anything has been done
like that up there. We have three schools there now unfortunately no Cademy we have
the academy itself we had been to school we have will brook charter school and now
we have another school coming up that will be renting two rooms plus across the
four lanes at the Nazareth interest we have another school coming in with about one
hundred twenty kids I hear. Why is it that we have
a speed limit to forty. Or is it
a school zone. And I do know that they all have signs of say twenty five
miles an hour while school is in session right now we have spent a lot quite
a bit of time on traffic and why do neck and stuff so. I think what you need to do
is to come see me and we'll sit down and I can walk you through the process work
how could that be good because I really don't understand how some of you say
a lot of these things are down but you know I'll come and see you then you are
coming to me and I will walk you through we share your thank you.
That evening Mayor and Council I'm Cliff Clendenon second district supervisor and I
wanted to take this opportunity to let you know about the county supervisors Oriel
district redistricting process and so this is based on the two thousand and ten
census and particular to our interest here in the second district the second
district is twenty five hundred people approximately two large the ideal size of
the five districts is twenty six thousand nine hundred twenty five so we have to
shed approximately twenty five hundred people. Ten years ago there was an
allowance of about five percent either way so now the current law says
as close to zero as possible so that's going to be
a challenge for the second district and I just want everybody to be thinking about
how that might occur. Some possible scenarios we're. Taking Shelter Cove and
Ettersberg and putting that over in the still Street that's the from the. District
. Somebody suggested movement in the Rio del Scotia area again from the second to
the neighboring first and then of course there's the possibility of somewhere
around the north end. But the judicially recognized traditional redistricting
principles are compactness com to get ready meaning the need to touch
preservation of cities communities of interest and and actually interestingly
incumbent protection meaning that I live over by race food place so I need to stay
in the second district however they redraw that and for the first District Jimmy
Smith lives on humble hill so that would also need to even though he is not running
again he would need to stay in the first district so.
That's the general. General deal Carolyn search the clerk recorder is in
charge of this process but it becomes comes before our board. Again on August
sixteenth I believe the she will be in town on the fifteenth Chamber of Commerce
meeting and doing
a lunchtime presentation there but I just want to give everybody the opportunity to
know that this was occurring and that it's it's
a relatively large change for for the second district Thank you. Just for
clarification before he leaves you mentioned the northern part of the district
judge for clarification you're talking about fortunately and specifically the other
the district only runs just
a little north of the city limits and the Palmer Boulevard area so yeah it would be
that and there's no. Just to clarify I would just prefer the second district stay
just like it is but state laws mandating that you know on the one person one vote
principle the five supervisor real districts be more equal than they are now in
size so you have the northern part of the district is just just north of town. It
runs the district of course runs all the way over to Trinity County and down to
Mendocino County but in some of those sparsely populated areas there's not really
an opportunity of. Making any change in the first district is too
small as is the fourth District in Eureka So a lot of
a lot of lines are going to shift around and again it's kind of
a catch up because there wasn't much of
a requirement ten years ago but now they say as close to zero so.
This is working on that and the team that's working with her. District Attorney
Paul he goes on the sheriff Mike Downey and the assessor Mari WILSON So that group
of four are doing this process and the next public meeting on that is going
to be down a rebel city hall Monday to be
a week from tonight sixty eight July twenty fifth and then there's
a second meeting following Tuesday evening six to eight at the Scotia fire hall so
I would encourage everyone interested to go and give your input to Caroline's
Committee thank you have there been public meetings that we've missed
already there has been. One of official one so far at the ag center
that South Broadway and that was July thirteenth just last week that's been the
first one oh excuse me and then there was one the fourteenth and not blue lake. The
fifth District also needs to get a little smaller so there's going to be
a fairly significant line change in the field Brooke Blue Lake area but yeah the
only one so far has been and the meeting you know it's proof point of the access
a lot to do to lie meetings well before your district then yes second district I've
been I'm encouraging people to go to other district meetings too because it's the
same committee and and the shift in one district starts to affect another so you
know it's kind of
a puzzle that all has to has to work out. If I'm understanding correctly this
committee will bring
a recommendation to the Board of Supervisors in the Board of Supervisors We'll have
the final vote on we will have the nearly final vote if we don't decide by for
whatever reason if we don't decide by November first then then it goes back to
a committee of the assessor the clerk recorder Carolyn search and the district
attorney and those three by state law will will will make that call if we fail to
do so. THANK YOU THANK YOU THANK YOU VERY MUCH.
Is there anyone else in the public that would like to address us on anything that's
not on the agenda. Close public on
a second the motion and moved and seconded to close public comment on
a favor signify by saying I. Will quote. Moving on to the next item we
have
a presentation on the Historical Commission. On who you have to do some for me so I
will thank you hon mayor council members it's my pleasure tonight to introduce Alex
service the curator of. Him and Susan O'Hara the historical chair and they are the
heart and soul of the people we are extremely fortunate Alex.
OK. Dear Mary and council members we really appreciate all
of your support throughout the years for good new C.M.
Time indeed it was one of your council members in one thousand nine hundred eighty
six that allowed us to have the museum both run Del. We appreciate all of your
support that you've given to the history and the support of the learning about the
history of the valley and in the museum and as you probably know Alex and I have
just finished writing and getting published
a book on the history of Fortuna and the ill river valley to
a truth dedicated to the city council and
a. Commission for that ongoing support and in recognition of that we'd like to give
each of the members of the board of X.
The Council excuse me
a copy of our book. And
. Thank you very much I just signed
. You I want one of these
. Thank you
thank you. Thank you
. Maybe you know picture they were here
. Thank you very much and
. We have one
less special presentation and John. Book would
not have been published without all the support of John thank you thank you
. Are
available to you when you see him and that River Lodge there for sale so thank you
very much thank you guys thank you thank you very much it. And of if I may get the
sale of these books goes into
a fund that we have set up some years ago for the acquisition of the collection and
so it is set aside is not used in cities general fund or other fund raising has its
designated money expects closely for the museum and the collection that the
museum House thank you when. They ask how much you're selling these documents for.
Twenty one ninety nine plus tax so as we know from having done
a pretty good number of sales of them over the radio weekend that's twenty three
fifty eight that's executed and the ones that are sold at the museum gift shop of
course all the profits from those sales go directly into the museum fund also for
every single copy of it that's sold anywhere at all including online and in
different states just wherever the royalties from the sale of the book go to
support the people museum as well so that something along those lines of dollars
seventy five for every single book sold so it definitely it just helps the museum
every single one of those that get sold so keep in mind when you're looking for
Christmas presents or I got relatives coming to visit from out of town at all it
helps to support the diva museum and keep our history alive so thank you again I
think thank you service Q Thank you VERY know. As to your turning his this or
report. Or should I pay for it no
. Thank you
. Thank you guys very much.
Moving right along now we have
a report on distribution of money from the city manager. I'm
here and members of the city council and chair members of the redevelopment
commission Agency excuse me the report for dispersants for July eighteenth with the
city was five hundred twenty thousand eight hundred sixty three dollars and ninety
seven cents and for the redevelopment agency one thousand three hundred three
dollars and twenty cents. I might add the the distributions for the city are
a little bit above what we call our normal part of this is because it is payment
for
a number of capital improvement projects that were completed or paid for in this last
pay period one of which is a skill road and also for
a number of paving projects that we have been doing if you've been noticing we have
been doing
a number of rehabilitations of existing roadways so that's the two primary items
that are making that to five hundred twenty thousand dollars. Thank you any
questions of the line. Moving on to the consent Gounder
. These are matters routinely in nature and are usually approved in
a single vote any member council may pool
a particular item for further discussion there are nine items during one liking to
pool. And that's how the thank you to list for including that
little notation on the report that the property owners are developers have been
notified that their mouth will expire I appreciate that it. Moved to prove the
Consent Calendar second the motion and moved and seconded to approve the Consent
Calendar all in favor signify me saying I posed. So so hope so approved you
don't know. We don't do the business items it is meeting.
The first business item is. The repeal Resolution two thousand and eleven dash
eleven approving Lewis logging re subdivision and submitting
a resolution two thousand and ten dash twenty six application of
a one am industries and Lewis logging A.P.
Number two zero two dash. One zero one dash zero two six
zero two eight project located northeast corner on
a road south loop. Resolution two thousand and eleven dash twenty six when you have
a staff report yes we do. Our deputy director of for green your opening be
providing that report to you or you will notice that the applicant isn't present
and she will give you an explanation. Thank you doing Thank you mayor and council
members I'm so this staff report is to return to you with Resolution two thousand
and eleven dash eleven which was approved in May. May seventeenth and
basically to confirm the change that the council made to the condition regarding
Ross. Loop road and so this stuff or poor
a duplicate of it was included at the last meeting that was July fifth and our
intention was to bring it back to you tonight on the applicant we've been in
communication with the applicant in keeping things moving forward but they did
today ask that it be continued again they think that they needed more time.
And so you know we've we've had
a lot of discussion on this and we feel that it's you know it's
a really important matter but. Our our suggest our proposal is to continue it one
more time and we've put them on notice that our intention would be to for the
council to hear it at August first the next meeting McArdle So whether they you
know had it or participating are going to be present so we feel like you know
give them
a little bit more due process and put them on notice that that would be our
intention to be here at the next meeting. So
. You know we do feel like it's an urgent enough matter and we're concerned I mean
we do have an approved resolution and this stuff has just to confirm the council's
intent but we do need to wrap it up. And just
a couple of things this is the same staff report and we've we've you know
transmitted this to them and the resolution and the changes that we've made
are in the staff report or not that changes but the interpretation of the council's
changes which are also in the staff report so you know nothing nothing in that
regard has been modified so you know the information is out there
. And you know we do need to wrap it up there's nothing new
in here the changes are all on strike through and. You know if you
wanted to discuss that our recommendation would be to continue it to the next
meeting Oh and. Is the entity or the you know John and Robert Beth are the ones who
have asked for it to be continued technically. Who is logging is the applicant on
this part of this is the subdivision O. And M.
Macbeth's or the applicant on the use permit and I did communicate with Dean Lewis
today about this. Their request today that this be continued and
so he's basically on board not happy about it but I'm bored with it so I'll turn
that back to you for direction from the mayor and council. Question. Is this item
open for discussion tonight. I think it's important to actually have it open.
Because of the I have some issues about the words. We get the words to them ahead
of time. They may or may not like that you have to continue once again after the
next meeting. You know the whole issue here I believe is how staff
interpreted the commission's action. That interpretation and whatever the
commission I mean the council took here is different than what my thought process
was the night that we voted on this I had no intention at all of. The
thinking that the time was different in certain conditions that the Planning
Commission put on this project and the thinking in my mind at least I'm just giving
you my perception was that there were this loop road have street improvements was
the deal breaker for getting these two businesses relocated out there and this
whole idea of deferring. Those have to have treat improvements on loop road to
a time in the future one after that business became established would get them
sooner on the property and facilitate losing to good businesses for the
city of Fortuna and two of the items that are bulleted here are deferred which is
fine the third and I think the most important is is. Relieving the applicant
of any responsibility for have to be improvements which it was my thinking I'm
telling us might think the council's thinking my thinking was that that needed to
be deferred not relieving them of any responsibility for have three improvements in
. Deal leading that requirement that the Planning Commission put on has
a condition of approval makes in my mind
a very bad president for any future project that might come before the cancel so.
As for my vote on this item if we're going to delete any recorder meant for half
the improvements on what I'm going to have to vote no on this on this particular
the way this is particularly written. That.
It was pointed out the last meeting we were discussing this actually the one before
that discussing that it's that one of the the worst foods that we have is
irregularity of the road with on the south side of loop. And
that issue has to be resolved. Your word or Gene here refers to
. In Section D.
. In lieu of constructing the south loop road sidewalk and prudence only until such
time as
a remainder of south loop road is improved. I don't care about going towards
a rational Rhea's old location I worry about what is the full length of their
property line on South Loop I we need to have the correct with some new means or
another having
a continuous standard with whether it's be fifty feet or not and if that involves
encroaching and taking land from the south side so be it. But the with
has to be standard. Otherwise they're not going to know where that eleven foot.
With is going to be taken then we might be taken fifteen feet and that's not fair
to the. The word you got. At the very bottom of the page you have the development
of Lot seven does not gain egress or ingress from south loop road no improvements
to this road will be required that whole sentence should be in there is that in my
interpretation that leaves them completely off the hook of actually having any
obligations of delayed responsibilities for sidewalks and curbs or doing anything
on the road I don't know how that word has got in there but it's it's wrong and it
just complicates the prior work in the beginning part of that paragraph so I'm I'm
suggesting it says the developer may choose to enter in deferred improvement
agreement in lieu of constructing the south loop route sidewalk improvements only
use at such time as the South Loop intersection is improved
the intersection right there run a railroad. Or key factor for having
a thing done correctly on that road. I
want to get past this I want to have this project approved and there I think
they're extremely worried that somehow or another. We're going to have
a. We're digit interpretation that's going obligate to have to do you have this
thing done immediately and I'm worried about having wordage that that eliminates
the obligation on their part to do any any improvements on that road and then we
end up having to pay for it rather than the developer so you have to property
owners the Lewis logging location and you also have the nursery location you know
that problem that irregular which has to be resolved so you have one continuous
with. I agree with the whole heartily at the third bullet point should be.
Rewritten to eliminate the word delete and change it to defer then that
. Last sentence under item D.
Exactly needs to be expunged from the record because that is not what the Planning
Commission approved in their. Conditions of approval. Well I think we need to
go back and watch the tape because this is not what we said. Well it's probably
what was voted on and what was said but. I apologize if I misinterpreted my
my vote on that at that time but if this comes before me again I I cannot vote on
it with this so the way it's written now well the reason we put up the development
a lot seven does not gain engrossing road no improvements to this road will be
required if they don't take in grocery egress off of loop road they are not
impacting that road whatsoever so just because they have
a corner lot why would we punish them for that they're not impacting the street
it's not punishment it's. Public right away improvements curb gutter sidewalk and
have great improvements and normally when we require those it's because they're
impacting the street they're using it you need to upgrade it so that it can be used
for whatever the project wants to use it for they're not using the roads put it put
it in other terms the Planning Commission put those conditions of approval on it.
We as this body. Made an attempt to defer those.
Conditions to
a later time when I got myth in my mind got misinterpreted to relieve them of that
the business of should they not. Should they not may I should they make ingress
egress an access to. That would change the game
altogether then they would have to put in the curb gutter sidewalk and have to be
improvements so. I'll talk. I think your
discussion is
a last trade of of the fact that there is some confusion about what happened and
and so that's the reason staff is asking you to revisit it and it is on the agenda
tonight for you to take action if you choose to but I don't want to lose sight of
the fact that the applicants have asked that it be continued they are not here
obviously to participate in the discussion so I think the threshold question is do
you want to continue it to your first meeting in August well as they have requested
. I'm in agreement with Councilman gods or that we don't want to hit him in the
face with this Aug first if they if we. Act on this one way or the other that can
be transmitted to them be of the community. Development Department that will at
least they'll have some heads up at this point in time so. I may not I'm
giving you my my opinion what I was thinking that's not what the council was
thinking just me so. You want to take an action and vote I can tell you what my
votes going to be. As an idea as to the reason why they put this off now two
times are they concerned about this particular wording or have they given you any
as to what their concerns are. Well I mean the resolution was approved in
May at the end of May So we have been in discussion with them during basically
during June and you know things were I don't know if they're moving forward but
certainly there was communication you know on. The resolution we wanted and we
wanted their sort of confirmation or their them to be in agreement with us so we
could all you know come here and make this is easy as possible and you know just
how those things go. Different parties look at it and you know make some
comments and then we you know we try to adapt to them we had
a couple of meetings I mean the point is that there's it's been
a discussion been in process at the. Last council meeting it was.
Their attorney looked at it and made some comment so that then we had to deal with
that and today well both at the last this meeting and last at the last
council meeting they just basically needed more time it's really their bottom line
is that and today when I talked to him they said they've been busy with
a lot of things and haven't devoted as much time as they would like to understand
it and you can see that it's difficult you know for all of us to understand it and
they're being non developers I think that's part of the problem that you know they
just need
a little more time to conceptualize what the condition is really saying so there's
no you know no specific you know reason except that they needed more time. For what
I would like there was
a huge amount of discussion when this motion was passed and I think that there was
general agreement with the deferment of improvements I chill that in Greece ingress
egress occurred on growth. But I wouldn't you know I'd like to move forward if the
applicant is still willing and over are still willing to move forward on this I you
know that means postponing this until they are here and we can have
a discussion I think that would. I mind be a better solution than trying to make
a decision here. We probably should postpone it the this is why we shouldn't be
planning commissioners. And out of hand the last time by trying to
. Actually make it so more complicated than it should be because we were all
looking at it the way we wanted it to happen. For me probably should postpone
a salute the applicant is yours so that we can get their input too because I had
the interpretation that we were deferring all of this until something was developed
on the street because we've known that when I was on the Planning Commission we did
defer some subdivision they didn't have to put sidewalk and curbs in into the
street was actually developed better by the by anybody. So that's what I in my mind
mind when we were deferring this that's what we were differing for anyway. She did
I don't want does this to continue this conversation but for
a matter of clarity and why your staff has been
a bit confused because the applicant even interprets our own with quite
a bit differently than what you just said this evening but the what happened is the
applicant changed the project why are you are hearing it. So when the project was
changed the council try to accommodate that change and what there is there are
starting on the first page of staff report on page thirty nine years three bulleted
items those were the specific. Wording that the council directed to be done how
those that wording was in we see it is staff sees that is instructional issues in
other words you are directing staff they weren't replacement words so we were
trying to come up with the replacement words that you instructed us but those those
bullets are there and so if you look at the third bullet on the top of page forty
it said delete the requirement. Not differ and hence we
became confused and obviously the applicant is even has
a different interpretation than what you just said some of you said this evening
and certainly with staff has as for the easement. It was resolved even the night
that was taken up but we couldn't give you the court unfortunately or see engine
was ill that evening but that has been the right away is resolved the map is
recorded and it was even at the time we bought the staff report for us so that
isn't I don't believe an issue that is up for discussion but anyway my point of
bringing these items is if you look at those specific motions that the council made
that is what your staff is been trying to put in as replacement words into the
resolution. And hence the reason we felt we needed to come back to you because we
didn't think we had the authority to place those words and have them in the done
and so now we see that I think we're all
a bit not sure what we concluded that night but those bullet points are the motion
you made and voted on and thank you. Look at this back at the next
meeting I'll make
a motion to continue. Moving seconded to continue all in favor signifiers and I
. Posed. A new. Next item on the agenda
. Declaring the existence of nuisance and they require the. Abatement of weeds on
private property resolution two thousand and eleven Dash eight.
When you have
a staff with Dennis Ryan will be our city injured were structural be present but
thank you. Thank you joining AM Mr Mann council members because our general
services superintendent is here this evening changed to certain of Texas cowboy hat
off I think you go ahead I'll let him go ahead and deliver the report to you in
records for we debate one program.
He's fifty seven the correct page here if you'll excuse me where you got shoes or
draft. Arnold mayor and city council. Each year
starting in June first we have. An ordinance goes into effect that regulates
tall grass brush that constitute
a fire hazard in the city of Fortuna this is
a complaint ridden. Ordinance and is complete complaints are received
they are directed to me I contact the complainant and investigate the properties
and if I do find that there are tall weeds and a fire hazard in that area
a letter was sent to the property owner. Citing the ordinance and asking for their
cooperation. And removing that debris. Days
and this year. I don't know what happened but we've had an awesome response
a lot of the property owners are to be commended. Some that we've had to send
letters to in the past of on their own initiative taken care of these prior to that
being necessary and it's been
a good year for lack of weeds but there are
a couple of properties that have impacted neighbors in
a very badly way there's one. Property that you'll note
in the staff report. That is. Just near twenty three twenty one
Newburgh road this is at the rear of St Luke's I believe it's now the Fortuna
wellness and rehabilitation center and that impacts that business plus the senior
housing and dining facility to the rear. And it does constitute
a grave fire hazard. No other one is
a subdivision on Ken Mar road that impacts
a neighbor. Frame house and Redwood siding. Is
worried about it's an elderly couple and there are very worried about these things
and it does constitute
a fire. These two properties locations the subdivision actually
has three three owners of what's in there so that's why you noticed that split into
thirds these two locations are the properties in the resolution that do
constitute
a fire hazard and he comes to you for declaration of his. Actions
if we give you the declaration of
a nuisance what's the next step so the public they will be sent another letter
saying that it has been declared a nuisance and there will be
a public hearing set and I don't recall exactly when the next day for that public
hearing would be but it would be the second council meeting and August so they have
after I send them another letter they will have that until the time of the public
hearing to receive take care of it themselves respond in
a bit since or it will go to council again and after that time the last five more
days at which after which the city staff or their designated will abate the week
. Any questions of any of the property
owners responded and if so what what has been the response. Response nothing
. So use that individual letters to block and web Darian kept me guessing Richard
and Dana quotes keep each up on but which ones are right to the letter. Certified
Mail. Know that this particular letter is not. Following course OK
we in the past in the past we had
a lot on Brattle creek that. John responsibility in the city did actually go in
there and place to lean on their property so we do have some teeth in this. You
pointed out and I want to see it again the public has the right to call into City
Hall to place a complaint don't be shy about it if you have
a neighbor not because you don't like them but because you believe there's
a fire hazard because the brochure the grass there is one right there behind
alongside on the side of rain or petroleum that you don't have on this list that
every year is
a major fire hazard. And behind there between there and Smith lane
it's full of grass and stuff one of those is already. Other One
. Surprisingly enough it receives points right and then you also have one on the
east side of South Loop. Just before Strongs creek every year has high grass in the
only does just cut it cut
a little bitty mini buffer but it's five feet high between the Olsen's as you know
since all property in the corner that's still five foot high sitting there waiting
. And the responsibility for this is until it rains and soaks up the fuel
source you're obligated to remove that grass or that brush. As of
yet we haven't received any complaints on that particular problem.
If we can we can try silicate things. So the city doesn't police drive around them
make a list the people it has to be called into the city it is
a complete. Other questions of that
. Thank you thanks Mike
. Counsel for the color of law and
you don't look for public comment. Anyone from the public like to speak on. His
side and. It's probably coming second the motion then moved in there so get
into those public comment on favor signifiers and I thought it. Was
. A mic.
Move to adopt
a resolution two thousand and eleven dash twenty eight and rebuttal. Second with
just the comment that I know most of these people and I'm surprised they haven't
responded well I just called Adventures OK I'll second the motion. She
didn't say that. Bush interpretation or you know ten million yeah you know
everybody important Okami. Has been moved and seconded to approve Resolution two
thousand and eleven dash twenty eight
a resolution of the city council of the city of Fortunately clear in existence of
a nuisance. Call council member Glazer Yes ma'am council member long
council member mostly Yes or pro tem Sandy Yes or strong yes.
We know on the business side M C. Is
a public hearing to approve the. Two thousand and eleven two thousand and twelve
fiscal budget for the city if we're to know the Redevelopment Agency and the
Fortuna public improvement corporation. I dopped Resolution two thousand and eleven
dash twenty nine R.T.A.
Two thousand and eleven dash two and P F B I C two thousand and eleven that zero
one you when you have
a staff report we certainly do. Here this evening with me of course is Gary Chapman
our finance director so we do have the ability to answer questions I believe the
council is very familiar with these budgets because we presented them to you in
workshops in the past we believe we have faithfully followed your directions in
previous meetings and in fact have even changed some type of graph areas air
errors and dates that need to be updated in addition to that we have provided some
of the other items that will. Be in the final form of the budget which includes the
budget message by the city manager in the executive director some of which has been
incorporated into the staff report and summarizes the overall budget and certainly
the council's aware of the struggle this year particularly although Ever yours is
not usual of the general fund of balancing the general fund because of our revenue
declining and in decision that the Redevelopment Agency and some of the ongoing
activities of the state and change you have legit There are still some issues in
the redevelopment agency budget that will need to be resolved but quite frankly as
a I presented to you in previous workshops we're going to have to take that up you
know I'll give you a report
a little bit later in the city managers or report about what is going on and now
with
a lawsuit that's been filed on our behalf with the state Supreme Court but the redevelopment
agency budget I believe is going to have to be changed for ID reasons we have
another agenda item following this that we can talk about
a little bit of that. So I don't see the redevelopment agency budget that I'm
presenting to you tonight and this isn't an excuse for it it's just an item that
it's going to have to have
a revision and maybe even next significant revision in the next two or three months
or so depending again what the Supreme Court does how we're going to if we indeed
were to continue the R.T.A.
On but as for the going back to the city budget when I get I we believe we have
faithfully follow your directions and are pretty present in this budget for your
adoption this budget as we've discussed before I'd stay authority if adopted for
the city manager to carry out through the staff all of the various
appropriations for projects capital improvement projects capital expenditures as
well as the ongoing operations of the city which include all the various
departments this is from my perspective the most important document and policy
statement the city council makes on an annual basis is the adoption of your budget
. So it's presented to you for adoption all three budgets this evening and us and
if you have some questions we will attempt to respond to those thank you.
Any questions of the staff at this time I'll listen. On page sixty
four where it says budget transfers in the city manager is authorized to make
budget answers within
a department from one object account to another without increasing the overall
budget while the law. If there was
a significant change from one category to another category I would at least like to
have some kind of a report or something of
a council meeting saying because this happened we need to change this and this even
though it's within the same department. I guess I appreciate what you're saying in
the past. I don't recall any specific incident in the last number of years where
that has occurred and it may not but and it may not but in my practice has been to
keep the Council informed either through the monthly report we get you get from the
finance department when these kinds of transfers are authorized the purpose and
reason for me is sometimes we need to make that decision at the time it's occurring
but you're absolutely correct the council should be kept informed yes I have
a question on page seventy and our general fund revenue trying to figure out where
those numbers came from the beginning general fund of three million and ending
general fund of three point five million. I can't wear those numbers
. I'm going to defer to Gary at this
. Part of the reason why is because when we went through the report I asked him to
provide the numbers for me so I'm not throwing very under the bus here but those
are numbers that were generated by the finance director. And your honor
and counsel on. The worksheet that I've given you the last council meeting dealt
with the activity that occurred during the fiscal two thousand and ten eleven to
school year so the balances that we're talking about come from that worksheet
that I give you that had the orange highlight on it. Big because that was dealing
with the activity that we were estimating for this current fiscal year.
And let me see the specific numbers. But
we are dealing with an overall balance of cash you know
a beginning balance that we began with and then and and then how much cash is left
over so in total for the general fund I believe that's what we're talking about
here correct. Going to end up with half
a million more marginal fund than we have now that distant sound right to me with
all the budget trials we've been talking about in anticipating and
I'm just I'm so much. You know. I'm glad you asked this question because
you're looking on page seventy correct you have the first border vitamin D.
Or general fund revenue in expenditures and some of the key words that are included
in that paragraph are on encumbered and on reserved which is still
a bit different than the full amount I think Yury can provide the explanation that
yeah. You see on income for fun balance at the beginning of eleven twelve
OK. And used round numbers and now that I'm looking at the beginning of eleven
twelve I can give us. With what we have here when we look in Alice's of the
. Cash balances and I think it comes from my
. Forgive me I'm I'm not seeing it right off right off the
top of my head but that is the idea that comes from that. Well
. You know in speech class I tell you not to say amen on stuff like that. I'm
good at it. Well maybe you can e-mail me or something because those numbers aren't
what I have in my mind what is happening we will provide you some additional
clarification and either support those were changed the budget message accordingly
. It in looking at it looks like that might be somewhat close to the
figures on the general funds analysis of cancer cash balances and he was twenty
eight yeah that's the idea that's where it should be coming from we're talking
about
a year and encumbered balance at the beginning of the fiscal year and I just have
well I'm enough sibs finished I've got one that's just
a minor thing. On that same page she was talking about Page seventy and then also
at the beginning when the staff report to council it says revenues exceeding
expenditures by eighty three thousand eight hundred two went on page one eighty
eight which is the analysis of cash balances by fun shows. An operational surplus
in the general fund of eighty three ninety nine zero nine nine three so it's
a difference of you know one hundred dollars but those should be should be the same
in the same yes.
But again it's stated on page sixty one right very top of the call again the figure
eighty three eight zero two. Should probably be in
conformance with what the general fund reports. And
then I just one more issue with this budget on page one fifty seven I'm not really
sure if this is
a question or comment this is something that caught my attention. In December when
we were asked to increase the wastewater treatment plant staff because they
said one person was left off of the budget by mistake and they needed to add one
more person so we needed to increase that by two people. But this budget only
increased it by one person to go back to the two thousand and eight two thousand
and nine staffing level. But if I remember correctly at that meeting it was just
like this huge amount and we could not operate our plant if we didn't have that
level of staffing and yet now we've come back around and we didn't ask for that
level of staffing so I guess I'm just curious as to why. You are correct I went
back and looked at her staff report on our presentation and there were two
additional items in the. Requisition request there is one. I
have not prepared as to our whole background I and maybe I can even ask for
Director of Public Works and city engineer to. Call that that transition
. I don't remember the transition I do know that we have filled all the positions
that we had authorized and we are doing quite
a bit better than we had hoped we have hired some very good operators told us you
know what happened you doubted me we would be very lucky I'm gifted and I'm very
biggest. I remember that's the situation the same
a suit is that there was
a hurry up and hire these people increasing not only having two
positions that were out there being or should have been advertised for but an
additional two positions and then I expected it to be in this budget and it wasn't
so that's great that things are working the way they are as well as they are with
the numbers with the manpower that you. And we also heard your concerns and we
evaluated our position based on where we were at the time we prepared but. I'm not
happy about it. I'm glad it worked out
. And yeah I mean it.
The only other thing I've got is that I'm doing mentioned in the next agenda item
we're going to be looking at
a request expenditure out of the RID OF element agency of almost four hundred
thousand dollars can just if we could have
a quick discussion about where those funds would come from and I'm I've looked at
the cash balances by fund page to twenty on to the redevelopment agency
. If that would be hard but maybe Gary can direct this is to.
You're asking about can essentially the long term. Ability for the real me agency
to do. With these with these projected revenues and these projected
expenditures such as debt service and also the internal debt service that we have
and the staff that this redevelopment agency. Employ so to speak to deliver these
problems based on this budget that we're presenting to you know the long term
survivability of the R.T.A.
Whether whatever the state has done and if they impose also the extra requirement
of providing and I'm using the the word that R R R R T attorney are
a Chang is used in what's being used throughout the vocabulary of California R.T.A.
The ransom money to the state to continue existing in certain that's addressed. We
would not survive for very many years we would just be depleted of cash so there
would be
a significant structural change of what we would do we would have to figure out how
to shed some debt we would have to figure out how to shed staff we'd have to figure
out how to shed some expenditures and then we'd have to evaluate do we still have
a viable program but with that said the redevelopment C.
Does have it has incurred debt to. Acquire to do to
initiate
a number of citywide. Drainage issues projects and that's what we concur debt
for and those as we understand it will continue on or our ability to continue that
on will be there to put those those monies into infrastructure so there's
a lot at play and I'm quite frankly I'm not prepared to give you the answer because
it's still in flux and no one that I've talked to that would be in the know really
knows what the legislative action is done with the. Governor signing these bills or
what this would do but we do know the R.T.A.
Budget as it as we're asking you to drop is just
a short term thing to say that we have
a budget we have some more work to do and more than likely based on what we get his
direction from the agency board determine how we're going to go by budget or
whether we're going to actually put ourselves out of business just because again as
I used the term last last meeting you instant death as currently in law by
the state we're going to do
a shore of Long Term. Death over multiple years I don't know the answer that but
I'm not necessarily saying that those are only options things could change just
based on the other report I'm going to give you in my We're reporting the end of
this me. So the answer is I don't know. Of course my concern is
when you look at the operational says the deficit of the R.T.A.
. Projected to be of negative six hundred twenty one thousand dollars and that as I
understand it doesn't even add on the need to support it almost four hundred
thousand dollars payment ransom that we would be making to the county auditors
office if that resolution passes no it doesn't and that's a cash flow and it is
a significant problem thank you for certainly seeing the obvious Not everyone you
know the state has looked at already agencies as an awful money that you can keep
on giving even in our story is I'm finding out is not different than
a lot of redevelopment agencies in the state of California is that provision to
provide even ransom money just the ability to do that on an ongoing basis it might
be one time but you certainly can do it year after year and still survive. So I
don't know what's going to happen but we do know that we need to bring back
something right now the the law we believe is on going on constitutional but it
says that if we don't do anything. The real only see Will and October first no
matter what So that's another part we have to determine the question is that might
be the easiest way out but I don't know how then we initiate all those projects
that we already have on the books if the R.T.A.
Isn't going to be here as the city staff and take those over and doom is
a city project because the money that we borrowed is still pledged and the state
has to as we understand it still has to provide us cannot take that revenue away
for as pledged. I have a feeling the state Supreme Court has
a lot of work in front of them. And sorry for the non-answer
. But you could say thank you if you can say the same thing with that item D.
Right he would be in the yellow took the thunder out of D.C.
. If there aren't any other questions right next to the to the public is
any one of them. Presses on any of these budget items.
First I want to ask generally quite a mystery you made
a point of saying that the C.I. P.
Has given authority for him to spend money on projects this year the approval. So
my first question is whether or not this budget has an. Include
plenty of for that I know that in the case of the water. And the price of it
in price when it comes from bond fund do you see
a piece has been phoning in water reserve So my question is where where in the
budget is the water reserve and where is the bond located in this regard by that
information. Just like you have had an answer
back on the pages. But we don't have too far back in
the fund balance pages they show the net result of that activity but there's
a little road that specifically shows C.I. P.
So for example working with water finding return to. You would be
page one eighty nine. There's
a row that says capital expenditures. And it's
a negative number so under water reserves we're looking at over one point two
million dollars in capital expenditures and that's just one of the numbers we're
projecting would be expanded from the very top number which is the eight point two
million dollars. So so what we're saying is we have
a two point two million dollars to use of that one point two million would be on
these is that
a two point two million both on funding and the water reserves yes it is.
And I may add the specific we included this year something we haven't done in the
past we've actually included the five year Kaplan print program in the budget
incorporated into it so that your reference and that is you know you previously of
those and those projects that shows I'm one of them one but the appropriation
approval starts on page one seventy four list and it only deals with this
year's projects and those are the under mounds for those cap one proven projects
and by the adoption of this budget as you mention approval for those cattle. Thank
you doing. Thank you. The other Recently I read that
. Authority approving
a presidency IP. That authority may substitute for
a code requirement to provide to obtain Council authorization
. I would ask Mr Reagan if you are are and indeed as you've said before planning
to bring to the council the bid. Come to the council for
authorization for the. Bidding on the. Security project
that would be actually when a time comes to bid to cancel
a cruise date because we have to decide on which contractor we want to hire OK
Otherwise the capital improvement programs and stuff have been approved and as he
designed his budget with around the capital programs so that's that's why it's
going to come back to us just to prove the person not to prove the amount right OK
That will be the amount what they bet on so will be the amount of. We like the
lowest bidder we can get. So it's coming back at you saying it's going back only to
decide who not how much or not to authorize the spending that's when we find out
how much the project cost OK. Thank you and then I have one last
question and that is there's
a depreciation expense in the budget. And of course. The
most expensive is our money that's flowing to somebody basically depreciation money
does not flow anywhere can you explain what happens.
What happens that the money actually because there is no money that changes hands
and yet there is an expense so what you explain how about how how what happens that
money. And what will you do have the year correct understanding that depreciation
is not an actual dollar amount. But when you make
a capital expenditure say something it's a million dollars It has
a life and I would span say an average of say fifteen twenty years so so each year
we're allowed to expense
a portion of that life based on on the type of. Asset that
I demand and it's just
a way of showing how your initial exposure be insured.
With
a cruel accounting you're not allowed to show the whole. In governmental accounting
we don't show all of the. Total expenditures necessarily in one fiscal year one
fiscal period and so the depreciation is just
a way of putting it over that the other fiscal years has had
a good answer. That is my understanding I understand that. My I guess my question
is is that. In a situation where I. I was on
a board that had property and
a small one nonprofit the depreciation was actually not part of the budget it
was there was
a separate capital whatever sheet and the depreciation was taken off against
the assets and the assets were separate from the budget that in this case is part
of the but the expenses taken in the budget and I'm sure that's perfectly There's
nothing wrong with that I'm sure it's perfectly legal My question is is when all is
said and done there there must be some type of way. To
move that number someplace else so that there's actual cap you know because it's
not an actual cash expense so to show if we have five hundred thousand dollars
in depreciation expense that means that we aren't even though we have that five
hundred thousand dollars it looks like we're spending five hundred thousand dollars
we aren't we have five hundred thousand dollars so when all is said and done. What
it just meant is made to put that five hundred thousand. To well insured and
at the end of the year we take that depreciation expense and we have to roll it out
and then we reduce the amount of the asset by that amount. So if you have an asset
that's say ten million dollars and we have
a million dollars worth of deep depreciation expense for that fiscal year at the
end of the year we reduced that depreciation expense line and then
reduce the asset so as
a placeholder you know. Thank you Dana. And correct
me if I'm wrong but there's not
a figure that's attached to depreciation that shows up in the analysis of cash
balances for instance in the general fund report it's
a zero I mean there's nothing. Shows on the enterprise funds yet it's an enterprise
plan right now with the general fund it out of the Emerald fund cash balances.
Governmental accounting is different to me in
a prize account that's what I was just going to say when when. I first got on here
that depreciation from the way I do with my business and the way city has to do it
is back and right I mean it's
a big difference and enterprise funds are more like business funds governmental
funds are governmental funds yet you would have yours
a different standard for each of them. Right as anyone else in the public that
would like to ask any questions. Which may or may
commercial close public comment period that it's been has been seconded to close
public comment period on in favor signify by saying I will write
a. Post. Closed I don't understand why they don't want to ask
questions about numbers. Let me answer them all in the workshop so well that
. We have three motions to make yes we have three motions may I make the first one
for the city council. And that's to motion to adopt resolution twenty eleven
that's twenty nine and read by title only so I can. We're moving seconded to
approved resolution two thousand and eleven dash twenty nine resolution of the city
council of the city of four to doubt adopting the annual budget of fiscal year two
thousand and two thousand and twelve and adopt an annual appropriation limit as
required by the California Constitution Article. I was at X.
And one. Guesses arise I read those are I have trouble with
a woman in the game thirteen B.
. Roll call please if you leave after question you know that business take into
account all the employees or whatever we call it is our body on board we will give
you
a report for that question no we don't that it does have that parameter built into
it OK. Council member Glazer Yes ma'am Johnson IMO Yes
don't remember mostly yes their protests and say Yes yes
.
Mr Mayor make a motion would you approve
a resolution number R D. Two two zero one one dash zero two
. Second we moved in seconded to prove resolution
number R D eight two zero one one dash zero two the resolution of the Fortuna
Redevelopment Agency adopting the annual budget for the fiscal year two thousand
and eleven two thousand and twelve and establish an indebtedness to be incurred by
the agency in accordance with Section three three six zero six of the California
Health and Safety Code local police and we're going to Geyser Yes ma'am BOARD
MEMBER Yes or number Alosi Yes or numbers then say yes to your stroke yes.
Mr Chairman I make a motion to approve a resolution F.B.I.
C two zero one one day actually zero one. So I can be moved and seconded
to approve a resolution F P I see two thousand and eleven dash
a one resolution and therefore to not public him prove that cooperation I doubt in
an annual budget for the fiscal year two thousand and eleven two thousand and
twelve roll call policeman board member guys or Yes Ma'am or member long were
MEMBER Yes were members and saying yes. Yes
.
And you know. I am via business is the public hearing to
consider the options available to the city for continuing existence of the
operation of the redevelopment agency of the city of fourteen or. Docking ordinance
two thousand and eleven dash six nine one. Thank you. Mayor
and Council members and share. This action if taken up as you know
this is
a ordinance of the city council because the city council or Fortuna is in fact the
the body that did create
a Fortuna redevelop major city and under parameters and provisions in the state
budget that was adopted and signed by the governor if action is taken it has to be
done by the body that formed the real money from C.
So in that case it is the city council. I've had several conversations most of
which is by email with our redevelopment agency attorney Ira sharing and this is as
I mentioned in my previous part when we were talking about the budget and ongoing
issue what the what the California legislature and what the governor signed is
two companion bills as part of the budget adoption and one is A.B. One X.
Twenty six and the other one is eighty one X. Twenty seven A.B.
Being an assembly bill and requiring that each reader Olmeda see be dissolved
unless the community that created it in Acts
a ordinance committing to making certain payments and so the community that did
this was as I mentioned the City Council specifically A.B. One X.
Twenty six prohibits agencies from taking numerous actions affect immediately and
purporting retroactively and additionally provides that agencies are deemed to be
dissolved as of October one two thousand and eleven. Now they have one of the
actions that occurred day by both the League of California cities and the
California redevelopment is Agency Association excuse me that's the California
redevelopment Association which we are members of both of those have filed
a lawsuit with the state Supreme Court and has gone forward saying
that the action of both the legislature and the governor was illegal because of
various constitutional items about redevelopment agencies and also the reason why
doctrine of Proposition twenty two by the voters last November that would make
their action as well as both of the league and the read only agent Association
believe is unconstitutional on its face so the lawsuit acts asked the. The
state supreme court to enter in that and determine the merits of that argument and
also has asked for a stay that the that the court would issue
a stay preventing any action to go forward and essentially freeze this in
a matter of time until the state supreme court can make
a ruling. That got filed today and I don't know when and if the response is
going to be
a day or two weeks or five months but the deadline from our perspective is
certainly one October. Because if no action is taken by us and the state Supreme
Court doesn't take any action by the merits of adopting those two assembly bills
is the read only D.C.
Is dead as of one October so the. Excuse me.
So the ordinance that's presented to unite is to me a brigantine of
a discussion determining whether in the wishes of the city council as to how you
want to go about this action obviously there's
a lot of things going on simultaneously and they can all happen appended to each
other and some things can and can let's make the assumption that the Supreme Court
does enter in on this does issue
a stay does adjudicate this issue and rules in our favor Dan
a lot of this stuff doesn't have to we still have to deal with the budget and
whether we can continue doing
a number of other things with that service but that issue goes way that's also make
the assumption that the state Supreme Court decides not to take up this case or
even hear it or even issue
a stay then these rules stand so we don't know any of that and so we have to from
my perspective is kind of plan and head as to which way this can end up going down
the road as to what the direction of that council will be by taking action and you
know do seeing and and doing
a first reading of this ordinance at least you've set the ball in motion that if
indeed you want to continue the the R.T.A.
Past one October assuming again the state Supreme Court has taken no action that
indeed that's in play but as I regime and. I made sure I completely understood and
I I think I did long before I asked her is if we have no intention of making the
payments that they're asking for and I'll use the word ransom payments then there
is no reason to do this because by default even if you pass this ordinance or adopt
this ordinance apps under two different readings if we don't make the ransom
payment and again assuming that statement isn't entered into the fray. We're dead
on arrival so lack of payment also kills so even adopting your don't say no yes
we'll pay you the state and this money that you've asked for if we don't actually
follow it up with action then the lack of action also as I say are what the point
of putting this ordinance in front of you is to give you some breath and in the
background as to what we would have to do if we feel we need to do something and to
set the ball in motion at this particular moment I could see no adverse effects
. If the council did indeed introduce into
a first reading this ordinance because. You could if you choose to change your mind
don't do the second reading and rescind the why or even if you did
a second reading of this ordinance we could again resend it if you changed your
mind depending on the outcome if indeed the state supreme court enters in and makes
ruling that make and you did adopt this ordinance it makes it moot assuming again
the state Supreme Court rules in favor of redevelopment agencies. Obviously there's
a lot of what ifs and it could be and maybe even the poor there is as we also say
his attorney sometimes respond it depends it depends on what the future's kind of
going to be I'm just trying to give you various options by initiating these that
you could have more choices in the future I didn't want us to wait until let's say
the first meeting in September and start bringing these actions forward because the
state Supreme Court hadn't taken the actions and we only have. So many days to act
again I remind you that adoption order an ordinance takes an introduction first
reading takes
a second reading and adoption and then thirty days to cure so we're already talking
if we're following normal council meetings we're already talking about
a two month process so I didn't think it's premature to present this to you for not
only discussion if you don't want to do this is the evening we can put this off
until the first meeting and then August on August first and take it up then and by
that time might know
a lot more or you indeed you could do your introduction first the first reading of
this ordinance tonight but I believe the ordinance in itself is fairly clear with
all the with various whereas if it isn't then we can discuss those and the now
therefore of what we can do and the other provisions of those again I think are
very clear it does if we do this it does commit is. Making and some
payments and again if we don't make them default on this whole mess. That's
essentially what my staff report is and I tried to summarize it the important
factors out of the ordinance directly in the staff report and of course there's
a lot more to deal with and as I mentioned the loss of did get filed today I doubt
that the court will make a ruling tomorrow. Just
a guess but hopefully they'll make
a ruling before walk to work. So that's my report and if you have any questions I
will attempt to answer them. Yes the first ransom
payment of three ninety three one seventeen is approximately half of the
a projected R.T.A.
Income for this year that's correct. And if I understood you right if we
had up to this ordinance tonight we could change your direction our mind in the
following second reading you could you could neither not do the second reading we
could do and or bad back away from it you could still do the second reading and
then. Rescinded later or just by action of the court I have
a feeling the next couple weeks will know more information than we know right now
but that's my point of the my recommendation to move forward with the first ransom
payment in this ordinance and give us
a little time to see what the Supreme Court's going to do about this whether
they're going to take this up or not and that'll at least start the process moving
from our end we're going to lose the whole thing one way or the other and. Without
knowing what the Supreme Court's going to act on less I think we should keep the
R.T.A.
Alive until that is known to us one of the other things that really
sure and I'm far as I know no one can answer definitively because the assembly
bills of two that were passed are in some cases extremely vague and maybe even
contradictory but even if our agency was died it was. No
one what happens to our assets. Not really very clear what happens to our housing
set aside funds in all the other development agencies that are tight so the money
that came to us from tax increment Now there's other funds in the redevelopment
agency that we hold there that have nothing to do with tax income and such as our C
B G funds we're not talking about those but no one is clearly identified what's
going to happen to those and what we have been told in understand again through our
attorney is the money that we have in hand that our bond proceeds our bond proceeds
that can't be taken from us because those are revenues those are money that we
receive by pledging future tax income revenues so the tax revenues to bring
revenues that have been pledged to return to repay that debt can't be taken away by
the state because that was financial pledged don't have the authority don't know
I'm relying on bond counsels an arm relying on Reno and you see attorneys and
people that you know have the expertise behind this to listen to their advice but
again we don't know and we don't know how staff can implement these things or if
you're not going to have an A real home agency staff at all that's going to have to
be city staff there runs what remanent left is laughter the R.T.A.
Again I don't know. And with that right on page two thirty six the
third whereas down gives us. Gives me confidence anyway in that if the
Supreme Court acts in our favor we'll get are we party a money back with
a low interest penalty and I would like to believe that. You're right and you're
going to get interest ever. When there's this payment of three hundred ninety three
thousand you just October first that's
a lot of years. General fifteen I'm sorry thank you but. Oh
so the October first deadline is yes it would be I believe yes you're right thank
you very much it's January so we have time to do it though the reason why but it's
January is because it's same time as property taxes so property taxes are doing so
on and that number was provided to us by both the league and obviously also by
Irish yang but there's
a schedule that has already been published as to what the first ransom payment
would be there speculation to some extent as to what the second the third and
subsequent ransom payments would be we believe there are less I think the number
we've talked about the second installment would be. In the ninety thousand hundred
thousand dollars but again that's
a huge amount of money and as you recall already made two demands in previous years
will have
a million and then almost one hundred thousand last year or this year and we're
just left so on the state has absorbed
a great deal of our local monies. So I
I understand that this is an ordinance that you're asking or that we're going to
look at a dollar to. Be used in this might be more of
a question for David is this
a contract that we're entering into and if so if we do default then what kind of
what kind of an incumbrance does that put police on the city for future
years down the road for instance. Or are we really tying our hands with this
. And and is this
a real contract that we're entering into I don't see how it can be but maybe it is
. Not I'm not quite sure how to react to the question
. How about if you let me mole it over and before your meeting in two weeks I give
you an answer well I don't agree Hm what the premise of the question that it's the
onus is on us the state is the entity that's violating the Constitution
Constitution and the court has to rule on that one way or another well the general
basis of
a contract is an agreement by two willing parties and if there aren't two willing
parties and you don't appear to be here to thirty six we're agreeing to this under
protest right so we're not
a real willing party in drag along kicking and screaming I'd like very
and I think it's important to find out if there's
a you know what the circumstances are if we're uncovering the city for years road.
If something doesn't happen you know the Supreme Court
. Me Up
. I'm just appointed that. We have to resort to
this. We totally lost faith in the constitution it was due to
California and it's being destroyed by our elected officials pro party Democrat
. You're one of the assemblyman just drove me and Senator Evans sliced
and diced us but this is in the cow pasture and we're stepping all over cow patties
right now in trying to decide how we're going to handle this. I don't have
a problem doing the first reading but I want to do the last reading the last
meeting. Of August and let the courts have both sides
have their presentations done and let them stew over it. Discussing this making
a mountain out of
a molehill I think is just sort of future all in our part. I want to have I want to
have high expectations. With our court system because I'm sure if the state Supreme
Court. Doesn't go in favor of the California redevelopment
agency in the league of California cities Dillion appeal it but the biggest issues
that we want to have an issue
a state to prevent any of these things going into effect so they can barter and
bargain and bark of all they want for months and months and months in the meantime
there is at stake the leaves everything status quo so I don't mind doing the first
reading but but I want to lay the last reading as long as possible even if we have
to do
a special May meeting on the last day of the last last part of the of August I want
the courts to haggle this out we don't really need to hash it out any more in our
part.
Right now open to the public and human from the public like you become the.
No to close public on
a second the motion second in the close of public comment all in favor signify mice
and I'm.
Mr Mayor under protest. Make
a motion to approve ordinance number two zero one one number six nine and do the
first reading. Second. Second the motion. Has
been moved and seconded to do the first reading of ordinance number two thousand
and eleven dash six nine one an ordinance of the city council for this city of
Fortuna California you turn me in it will comply with
a voluntary alternative redevelopment program pursuing two part one point nine of
the division twenty four of the California Health and Safety Code in order to
permit to continue existence and operation of the redevelopment agency for the city
of Fortuna and I would like to add in there did to do the second reading as long as
possible which would be August fifteenth. And it actually September
take
a back I think we ought to just see how this whole thing unfolds with the court process
rather than worst case scenario is going to be September nineteenth. Not to talk
about it's going to be August fifteenth with the case you know OK another way we
could do this is just have it on the next agenda and if you don't want to do
a second reading then you can continue it that way we always have something you
know when you're not happening when what the news is as of that day OK at the
orders of the day we had that. Week. Council member Glaser under
protest yes once
a member long under protest Yes I don't remember because of the ransom protest
. I protest but given you
a affirmative vote. On our protest. Everyone
else like you can even many. Yes
. Next item on the
. Report from the city attorney thank you Mayor members of the
Council. Will recall that a couple months ago you received
a citizen complaint. And after some discussion about it and what to do with it you
directed me to conduct an investigation. Of the complaint and I've done that
I provided you all with
a copy of the report. As well as the complainant.
The complaint itself kind of expanded from originally two pages
to twenty ages and then what I was provided with. Was
a two hundred five page I think expanded complaint with supporting documents
and I appreciate the complainant providing that information because it it assisted
me in. Understanding the complaint it burdened me by having to go through it all
you know it I mean obviously it was lengthy but it enabled me to sort of get
a better understanding of what was being alleged by the complaint itself. The
report that I have given you I just want to. Make sure you understand the format of
it there's an introduction that kind of sets the stage then there are twelve
numbered tabs in the report each number tab corresponds with the number of the
complaint so my response number one for example is meant to go with number one the
number one complaint unfortunately somewhat hidden in the report is I think it's
just the last page that is my conclusion when I when I took this to the printer and
and we inserted the tabs and what have you it didn't really dawn on me that that
last page the conclusion wouldn't jump out at you because it's what appears to be
in number twelve the the final complaint so I want to make sure that everybody
understands that there is that last page that summarizes my view of the
situation in conducting my review. I read through the material
submitted by the complainant I interviewed
a number of people past and present council people past and present city staff
people. And that was the basis of. My report and my
conclusions. I guess it would be fair to characterize
the result of my inquiry. By saying I think some of the complaints were well taken
they they were accurate I think some of the complaints were were not I was not
able to find that the allegation was most accurate
. There are there were as we might expect
a number of complaints. That were factually driven
He Said She Said that kind of thing and not being present during those
conversations. All I could really say was Here's one version of what happened in
here
a different version and which one is correct I can't pass judgment on.
Some of the complaints go back
a number of years and that made it more difficult for people to recall. Who said
what or the exact sequence of events. So you have my report
if you not this evening because it's not on the agenda for discussion but if at
a future meeting you would like to agenda. The report for for me to give more
information or answer questions or that kind of thing I certainly am able to do
that. If you believe. That the report.
I didn't cover all the bases or you would like more information.
Perhaps I can do that I say perhaps because this was quite
a labor intensive process and at least in my opinion at some point I
reached
a point where. It sort of seem like there was diminishing about you in digging
deeper and deeper and deeper. That being said you have my recommendation
. It's now up to the city council to decide what to do with this investigation
whether you want to take it to some other level whether you want to receive the the
report and use it as part of an evaluation process with the manager.
That's that's more of
a political thing and that's entirely within your ballpark so I just want the
I want the record to show that you asked me to do something and I've done it I've
provided you with the results. I suspect the results are not pleasing to everybody
perhaps nobody. But I certainly I gave it my best and honest shot
I did my best to give you an objective opinion of the various complaints so I'd be
happy to answer any questions if you have questions of me
.
I would like to think they would for providing us with the report in language that
was easily understood and you dealt with the legal aspects of you to the allegation
allegations and. Work through the. Here are the
responses to those then
a manner that even I could understand and not legal terms and made it very easy to
understand so thank you very much for that. I agree I think it's
a very thorough. Investigation reports and
. The conclusion recommendation
. From the deep explicative
description of your work do we have to adjust the budget
. I cetera hallway to
the next meeting. So you. Know it's
a thank you so can we make
a recommendation as to what we are going to do and we discussed that well it's not
on your agenda this evening so I guess if you would like to discuss it. You might
under future agenda items ask that it be put on
a future agenda for some further discussion if that's your choice. And that's the
next agenda item. I didn't get that page could you please share with us
from your conclusion I didn't get the last page of the report could you share with
your conclusion. If you have it but you haven't gotten to it yet or are you missing
it I have it OK he's
a copy of it Friday afternoon OK. But I have not gotten to that I can feel like
your conclusion was the last page and I have
a and I have looked at some of it. OK but I append I always like to hear that the
conclusion OK it's in your report. It's there it's just not
tab separately I understand that is there
a problem with him giving you telling us this confusion here in the received. Is
there
a problem with him getting I don't think we should spend council time you have to
go through and read what he's already provided to you that's my opinion
.
OK. Thank you
. I gave him or. You know under the next item on the
agenda for items for Future Gen items when
. You report from still have that oh yeah
sorry I skipped over. For enough thank you. Only have
a whole but I want to hear anymore thank you I hate people we have a we have
a meeting scheduled for next Monday and I don't want to sound like we're
continually kicking the can down the alley staff has spent time creating three
options on water and sewer rates for you in graphs and illustrations in the
voluminous amount of background but I'll be very frank with you we have not written
a staff report for you and we needed to do another piece of clarification since
there is no real urgency to do that I didn't know if I would disappoint you if we
moved into
a meeting in August and so I was going to ask you we normally try I been trying to
keep it a Monday because I know most of you keep your Mondays open is there
a meeting on the first meeting in August is obvious the first and second meeting is
going to be the fifteenth. Is there any place I would suggest maybe that fourth
Monday of August would be more than adequate time and I'm seeing
a no right now so. We want to schedule
a meeting when no one's here OK. It's possible to get this to you on the eighth
of can let's continue that the choice to the eight unless. I'm here. Is say with
H.S. So there's the work has been done we just need to package it into
a station for you and again I would point out this is
a workshop of presenting three options. And to get your direction and guidance as
to what excuse me what you do it's not a proposal for adoption or even
a conclusion as to exactly what we. Just want to give you options
so OK so we've schedule that tentatively for August eighth Monday August eighth
click six pm six pm So we're going to package the week before certainly the week
before yes Mike it is much is two weeks before that's
a good change because of what Cliff Clendenning indicated was the July twenty fifth
meeting for the redistricting in Rio We did that just for that yeah I think you
were. And of course then our next regular scheduled meetings on the first
. Other We certainly have talked already aged to death and everything else and I
don't have any other news I think that would be pertinent for you to listen to this
evening thank you to get questions of any questions of doing. You stuck to that he
said earlier. True. And that future items on the edge and
. The citizen complaint. Report of findings
come on the agenda. By handle that. Are we sure we want to
burden the city attorney and city staff poor more work on that particular report
which is fairly thorough and then comes to conclusion that. To me there were no
smoking guns or bombshells in there that would. Lead me to believe that we need to
take some action other than just treat that information in our performance
appraisal with the city manager when it's upcoming So I would suggest that we
accept the report as written and use the recommendations in our evaluation of the
city manager and let it go at that. I would also agree with them but I'm under the
understanding since it's not on the agenda that we would not even be able to take
that kind of action we can't talk about and if we don't put it on an agenda as you
put it in closed session I think that's correct if If what you would like to do is
simply confirm receipt of the report and indicate how you might use it in the
future I think that should be on an agenda so you could formally take that action
OK OK and that and that aspect I agree. OK
So shoes should be on the next agenda we can except the fish will accept
a report when they're OK. We get these
in. Should we do this is something we're just new at because this is
a new item on the agenda when you do something like that you take
a vote just to make it official or you say green because everybody scream No. Well
at least on this item I didn't hear anybody scream No and I heard I think three of
you say yes or nod your head so and I believe under our new policy and procedures
manual that it can be done by consensus I'm sorry I just want to make sure
everybody understand thing we're doing. Yeah I see that yes
OK. You know on two counts of reports
. Thank you Mr Mayor
. For on the tracks authority this coming Friday reason
a candidate we have is coming from Pennsylvania. We're going to be interviewing him
the don't have nothing to report for the lead California season for milk the policy
committee. I do want to. Make
a lot of compliments who are the rodeo week that we went through from Monday
through Sunday. A great many
. Opportunities for the public to be able to
come out and participate I think some had actually go get pumped up his mall with
the custody of the chili but. That was their free choice you know being in
a democracy. I really liked seeing people coming
out and enjoying what we were providing as the rodeo. Association as to the fire
department. The. Friday night event.
That occurred there were over forty three hundred people that came through and I
have never seen so many people enjoying every second of it it was amazing. On
Saturday the one unique thing happened which hasn't happened for
a long long time it was a race and
a lot of people technically got caught with their pants down not realizing that was
happening and I was one of them but I was ahead of the curve by about an hour and
a half. And was shocked I remember reading about it.
But in the back of my mind I'm saying myself what's going on with all these
barriers are coming down from south for tunable board the full distance and then
seeing all the traffic diverting through the park. There was a great deal of alarm
a lot of the people there were going to be in the parade were trying to get through
town and there is
a panic in their eyes. But we we helped
. Ease their anxiety level and what they wanted was information they
wanted to know and be reassured that there were an awful ing off the edge of the
Earth once they got into the park and were trapped like
a ant lion heal. But everybody made it there
a little bit frustrated when people get excited sometimes they don't think about
what easiest remedy for being able to walk fifty yards rather than having to drive
all the way through town. To go through Carson woods road and then have to find
their way back it was a short duration of inconvenience and hopefully they'll be
a little more effort to tell the public two weeks ahead of time and then
a week and a half ahead of time and then a week at
a time and use as much media coverage as possible if they so choose to do another
run was fun to see
a lot of people out. As for the parade I. Had the
opportunity with the native sons to be in the first position carrying our our huge
American flag that was such
a wonderful honor and every single member every single member of our native sons
group truly appreciated that gesture by the rodeo satiation I just hope that that
we can have that kind of partnership and have that every year. Main Street had
a lot of people but once you made to swing the transition from Main Street to south
for tunable part it was people all the way down the median It was
a huge I think there's probably
a little fifty percent more than last year it was beautiful and everybody was
clapping and cheering and I was we were done reaching the fire department and then
folding up the flag had
a chance to to watch the parade just one for an hour and twenty minutes at least an
hour and twenty minutes. And I and I just have to thank everybody in the community
for being part of it and it's just wonderful that we have that kind of enthusiasm I
had
a chance to talk to an entrant that came all the way from Garberville they'd heard
about our parade wanted to be in our parade and they had a saloon motif on
a trailer and they got an award. And I had a chance as it as
a elected official go up to talk to them and think them in thank them and thank
them and and I hope that the public get
a chance to thank people as well just we just need to keep this thing going as
a positive. That's it Mr Mayor God bless America God bless all are troops
. Looking forward to the water Ramma. Friday Saturday Sunday
they have crews nights Friday from
a six to eight. And that will be another very very enthusiastic. Of
event that is without
a doubt the best. Fundraiser technically fundraiser for investment in your
community of all that we do I'm not putting down anybody else's event but high
quality people come and high quality people want special things and they're not
getting the bottom of the well that we really get in the top of the barrel and
we're providing it for him so come on out everybody and be there ahead of the curve
beyond the median to be able to watch everybody Branson show your car so thanks so
much Mr Mayor thank you. I attended the redwood Coast Energy Commission meeting
today at three o'clock and. Got some good programs going they've got
a contractor training program going right now contractors can sign up and go to the
seminar for free and receive
a sort of occasion to install energy efficient services for that you know community
presidents whoever is wanting it so that's pretty good deal they got
a grant to cover that and they hired
a local arcade. Training I don't know what you call it anyway at least they didn't
hire somebody from out of the area they're using local people to do the training
which is nice. The big talk today was about when projects and apparently shell wind
project is already got something going on beverage and we met
a guy named Garrison Russo who started humble but you know G.E.
And he is. Got a great business plan and he talked about that
a little bit he's going to do an actual Pres presentation I think next month out
the commission meeting and his goal is for the most county to be the center of the
global wind energy industry and he's got some contacts that are pretty amazing
already so. He's also hired some fortunate people already he's higher precision
intermediary to help with his web page Brian on
a virus is working on his. Engineering and things like that so I was trying to
convince him that he wanted to do everything in Fortuna but I'm not sure he went
for that but we can try and he's talking about. Fairly quickly it
should create two hundred to five hundred jobs so if this is real and this is you
know really does happen it could be
a huge boost for our economy here in Humboldt County with the trickle down effect
even if they're based in Eureka trickle down effect all the other cities so anyway
I'm hoping it's for real and if the presentation next month is really good I would
maybe ask the council if they wanted him to come here and and explain to him he was
very excited he's already got the Air Force bases. On track with him he's got
contacts you know at Travis Air Force Base and Edwards and. Let's they end with
that one. Yes Anyway so he already has I mean the people that he named off that
he's already contacted that are already on board it was pretty
a pretty impressive so hopefully it's
a real deal and it'll kind of boost our economy here and there and I would just
like to welcome our new Chief build over Stein and think him and my close Ian man
of her heart and all the other people who worked on the retirement party for Chris
Kate and that was very good it was just enough balance of. You know serious think
using humor and I just thought it was just really well done so Thanks Mike for all
that work. The Redwood region
Economic Development Commission redact will be meeting the twenty fifth so I've got
to decide whether I want to be in jail for the. Redistricting meeting or at Reed
X.L.
I'll have to figure that out I also took part in my family and I also took part in
many of the events over rodeo week it was fantastic the turnout was was just
amazing on
a Friday night at the quad evaders the I had over forty three hundred painting
attendees and I know I stand at least half of those hands coming through that gate
I'm sure my wife sold tickets to the other half so it was
a great event I've never seen so many people jammed into the rodeo grounds as it is
this particular night. Great events all the way through and is Dena's pointed out
we've got out of the Expo coming up Friday night is the crew so everybody plan on
being there Thursday two o'clock this is this Thursday here in the council chambers
will be
a promotional celebration or. Program for promoting chief to
build Oberstein he's already the chief but this is going to be the program for them
the celebrations. If you can I'm sure everybody would appreciate your attendance
here. And through other promotions also within the police department as well so
. It's. OK And yes
Mr Mayor there is last Thursday the fourteenth received
a communication from laughable step that our July meeting has been cancelled due to
lack of business side and so I will not have
a report for July next Gadgil meeting in September twenty first thank you.
I scheduled committees and I'm on the H.
Car gears not until next week on Thursday the twenty eighth and this will come in
when today is
a Historical Commission meeting so I don't have any meetings to report on there is
a meeting coming up in Arcadia the redwood Empire League of Cities is that that's
on the twenty ninth so we are we I'll look into that and see I don't have the times
or dates how good. I'll find that all I'm going to email to you guys because it's
going to be an arcade
a delight Yeah yeah yeah and it's going to be an arcade and usually they bounce all
over them. Usually a day and then they have
a dinner after the meeting two o'clock and I get that in make sure I get the new
. Rodeo everybody's talked about how great it was I had the opportunity this year
to. The kidnapped tourists they came to the Rodeo
which was quite exciting we have. We have converted
a couple hundred in Beach residents to the point that they're thinking of moving
here they have extended their vacation there in town today and. Really like as
we as
a city made him very welcome. They had the most beautiful big. Dog That was the
best behaved dog and as mayor I got to babysit it during the next year or so they
were impressed with their babysitter dog ready that's what put in
a marriage do you know that's. And then you do what you have to do what you have to
do. Then coming up we've talked I've touched on now the expo and that is
a fantastic program for town and there's
a lot of things happening and I know Saturday's the big day when we get the pick I
Get It was married to pick one of the cars. But if you don't get
a chance to come down on Saturday and see all those cars Sunday morning at nine
o'clock in the park although number one cars will drive through and pick up their
awards you want to see the cream of the crop Sunday morning in the park. And then
I'd like to end with the words of Frank hisor who is the president of the auto
exploited he wants to welcome everyone to the twenty first Fortuna Redwood Auto
Expo weekend and he says Fortuna is known as the friendly city so be sure to do
your part your share by putting on your happy face and see if you can make twenty
new friends this year and your your staff drive careful and be courteous to your
neighbors and that that's what makes Auto Expo man auto and the rodeo exciting is
that's how people feel about fourteen and we all have to take part in that. So
that's the end of my report. Now we go into.
Or report or comments from the public on the close session items that we haven't
haven't come in members of the public may be heard on any item under the close
session speakers address the Council or the board will be limited to three minutes
perspicuous be advised that by law neither the council nor or he's able to
deliberate or or take actions on issues presented during the oral comment period we
have two items that people can comment on one is
a closed session conference of labor negotiation city negotiator city manager
doing really Employees Association. Fortuna Employees Association
fourteen the police department employees association and therefore to the office
employees association accordance with Section five four nine five seven point six
of the government code the second item is
a closed session to discuss public employees performance evaluation according with
Section five four nine five six seven the Government Code Title city manager and I
might make
a comment at this time what we're going to discuss in that time has nothing to do
with the citizens' complaint that was presented to us tonight so if anyone from the
public like to make any comments people we want to close session
.
Yes My question is do you plan on reviewing. The city
managers. Performance without allowing any input from the public
on this particular item tonight in general on his or on his. You
allow any any comments from the public regarding. This city managers performance
I just point were we're not going to take any I understand that but I in the future
I don't know we have a report here that was given to us tonight which has
a lot of public input into it so we'll but you can't discuss that and we can't
discuss that one tonight so we will cross that bridge when that item comes up that
you're doing the evaluation no question is my general in general are you planning
to or have you discussed allowing public input on the city managers performance
you know we have.
Anybody else I would like to. Make any comments just like that can happen any time
just by what you just did which is to get up and talk to us about what your comment
it or comment.
Did that I gave you complete. I offered to give you more information which I did
and you said please do that and we will look at it and I did that in then I saw
that I could also provide supporting documentation and you asked me to do that and
I did that and I provided that highlighted it is two hundred fifty pages
however I'm ninety percent of those pages there was one or two sentences
highlighted so I'm sorry that you found that onerous and believe me when I I
especially apologize if you received
a copy of that without the highlights I know they don't copy but if I had been told
that you were going to receive
a copy then I certainly would have provided you with highlighted copies so it would
not have been so on the wrist if you had to look at I don't know what you received
thank you thank you well I I just I want to make I want to. But I'm sorry I
got off track what I really want to say is that now you have set this the
acceptance of the report I believe for your next meeting and I will be happy to him
I want to make it real clear everybody got the same thing so when when MS Agar says
she doesn't know what you got I want to assure everybody everybody got the exact
same thing playing her including her where they highlighted how they were not know
how they were now for years how like. I got it out here so we're all clear
but what the clerk is saying is like she highlighted what what Ms Agar gave the
city and that's true. I made copies of of the highlighted. Version
and you're right the yellow highlighting does not show up when Kinko's made the
copies so what you submitted was highlighted the clerk made
a highlighted copy for me and when I took it to be printed and bound you all didn't
get the highlight nor did the manager nor did you in your copy of the report but
I'd like to apologize I didn't think about it not copying I submitted to you so you
you after the meeting came to me and said if there is something I wanted to submit
to submit it to you and I submitted it to you think the city if I had realized that
they had to make
a copy of it and they in you had informed me that the highlights in copy I would
have provided two copies or I would have cherry change the highlighting so it
copied and if I had known that this city council was going to see the copy of it
the same thing would have happened and I apologize that you received
a two hundred fifty page document in which ninety percent of it was useless thank
you the reason I did it that way though was so that the information was complete
and there is no question about the where it was taken from thank you in the context
. Thank you. It all. Of
a comma after use and any other any other public comment. Has been moved to
close public comment all in favor signify by saying I I. Too close or
. A. Good second has been so good it will be during the procession of every signify
by saying I have a right.