**AMENDED**
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID: 813 3337 2552 Password:
388764
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.
1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Council Member Kyle Conley
Council Member Jerry King
Mayor Pro Tem Tami Trent
Mayor Mike Johnson
Staff
City Manager Amy Nilsen
City Clerk Siana L. Emmons
Meeting Agenda
Monday, February 3, 2025 at 6:00 pm
2. PRESENTATION / DICUSSION ITEM
a. Measure E Annual Report, Presented by Measure E Chair
3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.
4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – January 6, 2025 (Regular Meeting) b. Report of Disbursements
c. Approval of Professional Services Contract Task Order for the Well 5 Replacement Project (CIP 9066)
d. Approval of Professional Services Contract Task Order for the Downtown Waterline Replacement and Rohner Creek Sewer Capacity Project (CIP 9108 & 9976) e. Review and Approve Mayor’s Recommendation of Appointee to the Measure E Oversight Committee and Fortuna Business Improvement District (FBID) Advisory Committee
f. Adopt the City of Fortuna Special Event Handbook and Authorize Risk Manager to Amend as Required
5. CITY COUNCIL BUSINESS
a. City Council Vacancy
b. Second Reading and Adoption of Organic Waste Disposal Ordinance 2024-770 Amendment
c. Adopt Amended City of Fortuna City Council Polices, Procedures and Governance Manual
d. Adopt City of Fortuna Draft Field Use Policy and Local Non-Profit Youth Based League Rental Fees
e. Appoint Retired CalPERS Annuitant as an Extra Help, Part-time Reserve Police Officer for the Fortuna Police Department, Resolution 2025-01
f. Appoint Retired CalPERS Annuitant as an Extra Help, Part-time Bus Driver for the Fortuna Transit System, Resolution 2025-02
g. Authorize City Manager to Execute Professional Services Agreement with Jen Rice Consults and Supplemental Budget Request for $18,810
h. Approve the Transfer of 11 Hours per Week From Recreation Part-Time to Transit PartTime Allocation
6. CITY MANAGER’S REPORT
7. FUTURE AGENDA ITEMS
At this time, members of the Council may consider or request items to be placed on a future agenda through a consensus of the majority.
8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
Redwood Region Economic Development Corporation (RREDC), Parks & Recreation Commission Alternate
b. Council Member Jerry King
Redwood Region Economic Development Corporation (RREDC) Alternate, Redwood Coast Energy Authority Alternate, Local Agency Formation Commission (LAFCO), Humboldt Transit Authority Alternate, Parks & Recreation Commission
c. Mayor Pro Tem Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) Alternate d. Mayor Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission, Indian Gaming Commission Alternate
9. ADJOURN
Pursuant to Government Code Section 54957.5, any non-confidential documents or writings that the City distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members must be made available to members of the public at the same time as the distribution. Documents and information related to the agenda topics are available for review at City Hall, 621 11th Street, between the hours of 8:00 AM to 5:00 PM. Members of the public are invited to come to the meeting and comment. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (707) 725- 7600. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 01/31/2025 at 1:23 PM
1 CITY OF FORTUNA - MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Measure E Oversight Committee
SUBJECT: Annual Report to the City Council
DATE: February 3, 2025
Introduction
Measure “E” is a 3/4% sales tax measure that was approved by the voters of the City of Fortuna on November 8, 2016. Measure E was set to terminate on March 31st, 2025. However, on November 3, 2020 the voters of the City approved Measure “G”. Measure G extend,ed Measure E 8 additional years. Measure E is now set to terminate on March 31st, 2033.
Measure E is a general tax. The City is committed to primarily using these general tax dollars to protect and maintain essential City services, including increasing and restoring police officers and programs, repairing aging/deteriorating streets and potholes, parks maintenance, and programs for youth and seniors. The Measure E committee was set up by the City Council in order to assist the Council in taking public input and review staff recommendations on the expenditure of funds derived from Measure E.
The primary duties of the Measure E Oversight Committee are as follows:
a. Review requests for funding from City departments.
b. Conduct public hearings to examine the requests and weigh the value of the various proposals.
c. Make recommendations based on the proposals received, for the expenditures that should be funded given the projected amount of revenue to be derived from the local sales tax to the City Council for inclusion in the annual budget.
d. Become familiar with current and projected City revenues and expenditures. e. First meeting of every calendar year, provide a forum for public expression of desires regarding expenditure of funds derived from the local sales tax.
Committee Members
The City Council made the appointments to the committee with staggered terms as follows:
a. Two (2) members at two (2) years
b. Three (3) members at three (3) years
c. Two (2) members at four (4) years
2 Members serve at the pleasure of the City Council. There are no restrictions on reappointment of members for successive terms. Currently, the Measure E Oversight Committee is composed of the following seven members:
MEMBERS
Term
Expires
Sue Long, Chair 12/31/25
Donald Ingram 12/31/25
Debi August 12/31/25
Martin Morris 12/31/26
Vacant 12/31/2X
Vacant 12/31/2X
Vacant 12/31/2X
Staff Liaison: Aaron Felmlee, Finance Director
The Committee holds regular meetings on the third Wednesday in January, third Tuesday in March, September, and December, and the first Tuesday in April. Meetings commence at 5:30 pm as agreed upon by the committee. Special meetings are held as needed.
Transactions & Use Tax (Measure E) Revenue
The sales tax rate in the City of Fortuna is 8.50 percent. Of this amount, the State receives 6.00 percent, the County Transportation Fund receives 0.25 percent, the County receives 0.50 percent (with the passage of the County’s Measure “Z”) and the City of Fortuna receives 1.0 percent (Bradley-Burns). The City’s Measure E transaction and use tax adds another 0.75 percent, which brings the total sales tax rate to 8.50 percent.
3 Graph 1: Sales Tax Rate Distribution Comparison
During fiscal year (FY) 2023-24, the City of Fortuna received $1,938,466 (net of administration costs of $7,160) from the City’s transactions and use tax. This represents receipts received for the period of July 2023 through June 2024. These revenues represent approximately 19 percent of the City’s total general fund revenue.
The following data summarizes and compares the revenue generated by Measure E (0.75%) transaction and use tax to the Bradley Burns (1.00%) sales tax by business type for fiscal year 2023-24.
Table 1: Tax Revenue by Business Type
Measure “E” Compared to Sales Tax Revenue
1 Cent
Sales Tax
Revenue
0.75 Cent
Measure
“E”
Revenue
75% of
Sales Tax
Revenue
Favorable
(Unfavorable)
Variance
Ratio of Measure
"E" to Sales Tax
Autos & Transportation $230,309 $425,730 $172,732 $252,998 184.9% Building & Construction
275,597
240,137
206,698 33,439 87.1%
Business & Industry
319,722
296,997
239,792 57,206 92.9%
Food & Drugs
220,651
178,745
165,488 13,257 81.0%
Fuel & Service Stations
296,376
262,538
222,282 40,256 88.6%
General Consumer Goods
172,698
318,609
129,524 189,086 184.5%
70%
3%
12%
9%
6%
6.00%, State of
California
0.25%, County
Transportation
Funds
1.00%, City of
Fortuna
0.75%, City of
Fortuna (Measure E)
0.50%, County of
Humboldt (Measure
Z)
4 Restaurants & Hotels
267,051
200,971
200,288 683 75.3%
Transfers & Unidentified
1,697
21,899
1,273 20,626 1290.5%
Gross Revenue
1,784,101
1,945,626
1,338,076 607,550 109.1%
County/State Pool
439,323
State Board of Equalization
Admin Fees
(16,259)
(7,160)
Net Revenue
2,207,165
1,938,466
Graph 2: Comparison of Transactions and Use Tax as Percentage of Sales Tax The Transactions and Use Tax (Measure E) rate is 75 percent of the City’s portion of the sales tax rate (1% Bradley Burns). Due to this, one would expect the percentage of Transactions and Use Tax revenue to sales tax revenue to be 75 percent. However, for fiscal year 2023-24, the City’s Transactions and Use Tax generated approximately 109 percent of the revenue received from sales tax before other adjustments.
This occurs because the City’s TUT is assessed and allocated to the district where goods are delivered or placed into use rather than where the sale was negotiated like general sales tax (aka Bradley Burns) is. This means that the City is capturing TUT tax on the sale of automobiles and other registered modes of transportation, like boats, motorcycles and airplanes that occur outside of the City’s taxing district and on business and industry items that are brought into the district from outside (online) suppliers.
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
Autos &
Transportation
Building &
Construction
Business &
Industry
Food & Drugs Fuel & Service
Stations
General
Consumer
Goods
Restaurants &
Hotels
1 Cent Sales Tax Revenue 0.75 Cent Measure “E” Revenue 75% of Sales Tax Revenue 5 Fiscal Year 2023-24 Expenditures
Graph 3: Expenditures by Department
As stated before the City committed to primarily using Measure E general tax dollars to protect and maintain essential City services, including increasing and restoring police officers and programs, repairing aging/deteriorating streets and potholes, parks maintenance, and programs for youth and seniors. The above chart demonstrates the use of Measure E monies by department. As you can see from the chart the Police Department accounted for 71% of expenditures, Public Works 8%, Parks and Recreation 12%, and the remaining 9% going to Administrative/City Hall general fund deficit expenses, intended for covering the structural General Fund deficit. Funds that went to the General Fund reserves that were not needed to cover the General Fund deficit will be expended in future fiscal years. Below are individual department reports on the funds derived from Measure E and expended in FY 2023-24.
Public Works Expenditures
12 Street Integrated Stormwater Enhancement Project
The project included installing a number of LID raingardens and new stormdrain pipe along 12th Street in between Loni Drive and K Streets, which has helped address gutter flooding issues along 12th Street as well as future state board permit trash capture requirements. The project construction was fully completed in December of 2023. In FY 2020-21 and 2021-22, the Measure E Committee approved a total $105,100 allocation for the project. In the FY 2023-24 budget, $30,000 of these funds were remaining and were added to that year’s budget. The overage shown in the accounting is due to unforeseen construction contingency dollars that were used to execute change orders due to unforeseen field circumstances. Although shown as a cost overage in the Meaure E fund, 90% $2,330,504
Police
71%
$246,509
Public Works
8%
$282,695
Cover General
Fund Deficit -
Admin/City Hall
9%
$409,387
Parks and
Recreation
12%
6 of this amount was reimbursed by the state grant, and the final 10% was paid from using the Measure E storm drain maintenance fund. The Measure E funding was used as grant match for the project, and in total the City received over $1 million in grant funding from the State Water Resources Control Board (Prop 1).
Stormwater Infrastructure Hazard Identification Project The City’s Stormwater Infrastructure Hazard Identification Project was initially awarded $37,500 in funding in fiscal year 2020/21. This project was an engineering and field reconnaissance study that included physical inspections of various City stormdrain facilities, resulting in a prioritized list of stormdrain replacement and upgrade projects. This project is also partially funded by a grant from FEMA in the amount of $112,500, and the Measure E funds allocated to this project will act as the project’s required local match. The project was completed in early 2024, and the grant has since been closed out with CalOES/FEMA. The project shows a budget overage in the last fiscal year of approximately $1,500, however, the project was completed fully within the established grant budget. The overage is due to staff slightly over-estimating budget expenditure at the time the budget was finalized.
Street Maintenance Projects
In FY 2023-24, the City budgeted $125,000 towards street maintenance projects from Measure E.
With this funding the City was able to complete paving and striping projects at the following locations:
Roadway and striping rehabilitation along 12th Street near K Street; Paving rehabilitation at 10th and H Streets
Pavement rehabilitation on Rohnerville Road near Newell Drive and near the intersection of Newburg and Rohnerville Road.
Storm Drain Maintenance Projects
In 2023/24 there was $246,000 budgeted for stormdrain repairs, of which $53,059 was used. The total repair budget included rollover funding from previous fiscal years as well. The funds spent in 2023/24 were used to address a number of smaller stormdrain maintenance projects, including repairing a 24” culvert on Elizabeth Barcus Way. Since the end of fiscal year 2023/24, all remaining funds have been used in this account to repair storm damage from the winter of 2023/24.
Boom Mower
In Fiscal year 2023/24 $37,500 was set aside for the purchase of a new boom mower for the public works department. The City’s current boom mower is aging and is regularly requiring repairs.
Additionally, the mower itself is approaching the end of its useful life as it pertains to California Air Resources Control Board (CARB) requirements for emissions. The funding set aside this year was for staff to use as grant match to pursue a USDA rural community assistance grant, however, the City was unsuccessful in obtaining grant funding. The boom mower is still a significant need, and staff will continue to seek additional funding to obtain a new boom mower.
Illegal Camp Cleanup
The Illegal Camp Cleanup for FY 2023-24 was primarily for funding efforts by the People of New Directions to address illegal encampments around the City. In total $2,113 was used.
Parks and Recreation Expenditures
RCRPD Benefit Assessment Project
The Rohner Community Recreation and Park District (RCRPD) has very limited annual funding, so the City assisted them with Measure E funds to pursue their general mission of planning for a 7 future aquatic center in Fortuna. During FY 2023-24, $50,000 of Measure E funding was allocated to the district to assist with the planning and consultation services (engineer’s report, calculations, ballot proceedings, etc.) related to the Benefit Assessment. Since the RCRPD did not proceed with the Benefit Assessment during FY 2023-24, nothing was spent, however, these funds are anticipated to be spent in future fiscal years.
Parks & Recreation Director
Measure E continued to fund the Parks & Recreation Director position, with Heather Stevens performing the duties of management, direction, and development of the City’s park and facilities system, recreation activities and programs, the Depot Museum, the River Lodge and Monday Club, and the operation of the Fortuna Transit bus service.
Recreation Program Supervisor Position
Measure E supported the Recreation Supervisor position, with Courtney Kadle serving in this role.
This position includes management and supervision of all of the City’s Recreation programs and leagues, scheduling, training, managing part-time staff, and organizing many community-driven events.
Replace Roller Skate Wheel Cleaning Machine
With the addition of the new Roller Skate Wheel Cleaning Machine, staff are able to clean skate wheels more effectively and efficiently. This helps prevent scuffs, marks and damage on the Pavilion floor, keeping the floor in great condition for skaters and other facility user groups as well.
Provide Transit to Eureka for Medical Appointments
In its seventh year funded by Measure E, Fortuna Transit continued to provide weekly service to persons with a disability and/or senior citizens with rides to Eureka for medical appointments, since the majority of care providers exist in Eureka. These funds supported the full cost of the service; including fuel, vehicle maintenance, and staff hours for transporting 2-4 riders per week every Tuesday. $6,000 was allocated for FY 23-24, and ultimately $7,378 was needed to fully fund this program.
Rohner Park Basketball Court Rehab and Expansion
In July of 2023 the City completed the installation of new basketball courts at Newburg Park. In FY 2023/24, $103,617 of Measure E funding was used to complete the project, in addition to funding from others sources.
Newburg Park Acquisition Improvements
$900,000 was budgeted in FY 2023-24 for this project, which envisions at its build-out installing two new regulation size soccer fields, a new parking lot, and a new snack shack and bathrooms on the vacant parcel adjacent to Newburg Park which the City acquired in 2022. During this fiscal year, the funding that was spent went towards the engineering design for the improvements, and currently the City’s engineer is working towards the 60% design submittal for the project. Staff hope to have a better understanding on project cost in the coming months, and at that time will have the ability to determine what improvements can be budgeted and constructed for as an initial phase of work.
Fortuna Senior Center Program MOU
The City of Fortuna entered into an MOU agreement with the Fortuna Senior Center for $40,000.
As part of the MOU the Senior Center agreed to provide the following programs to Fortuna seniors:
Provide a facility for seniors to congregate and visit Monday through Friday for six hours daily (on average)
8 Provide between six and eight hours of programming Monday through Friday including exercise, educational and enhancement opportunities that may include activities such as book club, music classes, sports, hiking, games, etc. and generally consistent with the programming currently being offered
Provide assistance upon request directing seniors to other resources and programs available in the community
Newburg Park Acquisition Improvements
The city did not receive the US Department of Agriculture funding as hoped. Staff will continue to seek grant funding that will assist in the cost for the replacement of the current wheelchair lift.
Other options are being explored as well. Possibilities include, an outdoor accessible ramp on the backside of the building or a modular ramp to set up as needed inside of the building.
General Park Acquisition and Improvements
In July 2023, staff utilized $7,758 for Pavilion Floor refurbishing. Regular upkeep of the Pavilion floor is particularly important since the floor has reached a point that it can no longer be sanded.
Parks staff work hard to protect the remaining flooring with quality sports court sealant.
Additionally, during the busy 2024 spring field preparation season two hand mowers broke down leaving staff with inadequate tools to get the fields open for community groups. One of those mowers was beyond repair. $3,038 was utilized to purchase a walk behind hand mower to operate when fields are too wet for the bigger heavier mower.
Police Department Expenditures
Police Detectives
The Fortuna Police Department received Measure E funds allowing for two full-time police Detectives. These positions continue to provide much needed additional services to the Fortuna Police Department and our community. Detectives are a valuable resource, allowing for focused investigations and the ability to proactively address major crimes and circumstances which negatively affect our community. The following are just a few examples of the impact the Detectives have had addressing crime in our community during FY 2023-24. Detectives handled 1,109 incidents, 561 of which were self-initiated and 548 were calls for service.
Detectives conducted 122 investigations, not including the countless investigations they assisted patrol officers with.
Detectives investigated multiple child molestation and sexual assault cases, which resulted in arrests and convictions.
Detectives investigated criminal activity a schools, which resulted in the seizure of a loaded handgun from a juvenile student at school. Additionally, it lead to the arrest of additional subjects and seizure of further firearms.
Detectives located a chop shop in a residential neighborhood. During the investigation multiple stolen vehicles, stolen property and firearms were recovered. The suspect who is a convicted felon was arrested on numerous felony violations, as well as an outstanding arrest warrant for kidnapping.
Detectives located and apprehended an attempted murder suspect at large. Detectives investigated an armed robbery, solving the case, identifying the suspects and issuing warrants for their arrest.
Detectives investigated a drive by shoot / attempted homicide. As a result of the investigation two suspects were identified, arrested and recently convicted. As a result of the investigation Detectives pursued additional criminal leads which resulted in several illegal firearms being seized from juveniles.
9 Detectives executed or served multiple search warrants and investigations involving the possession and sales of narcotics, recovery of stolen property, and possession of firearms. Detectives assisted local partner/allied agencies throughout the county with officer involved shooting and homicide investigations, as well as arrests of wanted subjects.
Community Service Officer
The Fortuna Police Department received Measure E funds allowing for one full-time Community Service Officer. The Community Service Officer handles lower level misdemeanor type crimes, parking complaints/violations and animal control issues, freeing up our sworn officer staff to focus on more serious violations. The Community Service Officer is a non-sworn position and is assigned to handle property and evidence. During FY 2023-24 the full-time Community Service Officer handled 533 calls for service, in addition to parking enforcement, training a part-time Community Service Officer, property/evidence duties and animal duties such as licensing, kennel care and veterinary appointments. Having this non-sworn position is vital to the department.
Records Clerk
The Fortuna Police Department received Measure E funds allowing for one full-time Records Clerk. The Records Clerk is the initial point of contact for all walk in services and reports, the initial contact for many in moments of crisis. The Records Clerk assisted in processing police incidents, reports, body worn camera footage and much more for release and routing to allied agencies such as the District Attorney’s Office. The department handled 16,556 incidents and 1,433 investigations in FY 2023-24. The Records Clerk assists with over 800 livescans per year and many additional administrative assignments and projects. Having this non-sworn position with the required training to complete the aforementioned duties and assignments is a pivotal part of ensuring investigations are properly processed for prosecution.
Patrol Officer Over Hire (Formerly Measure Z SRO Position) The Fortuna Police Department received Measure E funds allowing the department to maintain a sworn officer position when Measure Z did not approve funding for the School Resource Officer position. With the position staffed the department was able to maintain critical relationships with schools, staff, students and their families during FY 2023-24. The department was able to manage and conduct the DUI Prevention Program, Every 15 Minutes. The former SRO also worked closely with Detectives in seizing and recovering illegal firearms from students/youth. This Officer handled 692 incidents and 69 investigations, many of which were associated with the safety of our schools, staff, students and their families.
Code Compliance Officer
The Fortuna Police Department receives Measure E funds allowing for a part-time Code Compliance Officer. This position addressed property abatement, municipal code violations and other criminal and quality of life issues. Properties requiring abatement sometimes have associated criminal activity ranging from illicit drug crimes to violent crime. Addressing the abatement issues and municipal code violations resulted in the elimination and/or reduction of criminal activity associated with these properties. In FY 2023-24 code enforcement has worked many investigations and made a profound impact on our community.
The following are a few highlights:
Code Compliance handled 230 incidents, 178 of which were self-initiated and 52 were calls for service during FY 2023-24.
Code Compliance handled 13 investigations/cases. 1 investigation is ongoing and the remaining were resolved with voluntary compliance.
Code Compliance Officer has established positive and effective working relationships with a multitude of departments and agencies throughout the county that have greatly aided in 10 the successful and expeditious abatement of blighted properties in violations of local codes and laws.
Approximately 50 properties with existing fire hazards were addressed and neutralized, the majority of these abatement processes were accomplished through self-initiated / proactive contacts. Of these properties approximately 90% were resolved with the initial notice and the rest were resolved with additional follow up from the Code Compliance Officer.
Thanks to the efforts of the Code Compliance Officer no city staff was involved in cutting back fire hazards on private property.
Code Compliance Officer is trained in addressing abandoned vehicles on our roadways and has taken a proactive approach in addressing abandoned vehicles.
K-9 Program
During FY 2023-24, the Fortuna Police Department utilized Measure E funding for the operations budget associated with the department’s K-9 program. The department has K-9 Cain and K-9 Blitz.
Both of the department K-9 teams have attended advanced training courses and are certified in patrol, apprehension works and narcotics detection. The K-9 teams have also attended courses in rural tracking, electronic collar function, stabilized tactical airborne body operations and they have ongoing maintenance training. In FY 2023-24 Measure E has continued to fund the routine monthly maintenance training associated with department K-9’s (Approx. 300+ hours of maintenance training).
The K-9 program provides an important element to crime deterrence and a significant de-escalation tool. The Fortuna Police Department’s K-9 program is a vital department resource and is deployed and used for special enforcement operations all over the region in Humboldt County. The department’s K-9 teams also provide an important community-policing tool and contribute to promoting a positive feeling of approachability toward department personnel by community members.
During FY 2023-24, department K-9 teams attended a significant number of public events which sparked community interest, and which provided platforms of opportunity to socialize and visit with children and families in attendance. Examples include but are not limited to:
School visits
First Fridays
Rodeo week and other large events in the city
During FY 2023-24, department K-9 teams have participated in numerous narcotic detection deployments, as well as patrol deployments. Some of the deployment highlights include:
67 deployments with 49 of them being detection deployments and 18 of them being patrol deployments. These deployments resulted in the apprehension of suspects and the seizure of narcotics and one firearm.
The following is a highlight of some of illegal narcotics seized. - Over 3 pounds of methamphetamine
- Over 2 pounds of cocaine
- Over 1 ounce of heroin
- Just under 1 pound of fentanyl
K-9 teams assisting the Humboldt County Drug Task Force in seizing illegal narcotics. Throughout the year K-9 teams had multiple non bite surrenders and one bite apprehension, successfully resolving many high risk situations.
11 The Fortuna Police have continued to fundraise and have received financial support in the form of contributions from both public and private donors to augment the Measure E program funding.
This support is reflective of the significant value the community places on this program.
Police Facility
Measure E funds assisted in the completion of the Fortuna Police Department facility at 2600 Newburg Road.
Committee Recommendation of Future Measure E Fund Expenditures There are several points the committee wants to be sure the Council pays attention to:
1. The ongoing Measure E Fund Support of streets will optimistically rise in coming years.
2. Police Department funded positions will be funded throughout the term of Measure E.
3. The committee is dedicated to utilizing reserves in excess of the reserve policy built up from unspent monies generated from Measure E to go towards large one time projects such as the Newburg Park acquisition improvements project in the coming fiscal years.
Conclusion
In light of the continuing adverse economic conditions and instability at the state level, the funds derived from Measure E have had a significant and positive effect on the financial stability of the City. The City receives almost the same amount of revenue from Measure E as it does from the General Sales Tax allocation. Without Measure E the City and public would be exposed to much greater risk City wide. Three additional police staff help protect and serve both public members and public property, storm drain funds help mitigate the risk of far greater catastrophes occurring by keeping up on maintenance and grant match funds help the City take on projects that would otherwise be unattainable with local City revenues.
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID: 884 5107 5743 Password:
790762
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.
1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:
Mayor Johnson called the public meeting to order at 6:00 pm and led the flag salute. ROLL CALL:
Council Member Conley - present, Council Member King - present, Council Member Mobley - absent, Mayor Pro Tem Trent - present, Mayor Johnson - present
2. ORAL COMMENTS FROM THE PUBLIC
Minutes:
PUBLIC COMMENT: A community member who did not provide their name expressed concern with the prolonged display of political signs at 166 Main Street. The community member provided a letter regarding the concern. There being no additional public comment, Mayor Johnson closed the public comment section.
3. PROCLAMATIONS / INTRODUCTIONS
a. National Mentoring Month
Minutes:
Mayor Johnson presented the National Mentoring Month Proclamation to the Executive Director of Big Brothers Big Sisters, Florence Parks.
Meeting Agenda
Minutes
Monday, January 6, 2025 at 6:00 pm
4. CONSENT CALENDAR
Minutes:
PUBLIC COMMENTS: There being no public comments, Mayor Johnson closed the public comment. CITY COUNCIL ACTION: Mayor Pro Temp Trent moved, seconded by Council Member Conley to approve Consent Calendar items a & b. AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Mobley MOTION CARRIED: 4/0
a. City Council Minutes – December 16, 2024 (Regular Meeting) b. Report of Disbursements
5. CITY COUNCIL BUSINESS
a. Second Reading and Adoption of Ordinance 2024-769, Amending the Fortuna Municipal Code Title 17 (Zoning Regulations) to Add Chapter 17.10, Reasonable Accommodations Policy and Procedures and Find the Amendments to be Exempt from CEQA.
Minutes:
STAFF REPORT: Community Development Director, Shari Meads, presented a staff report on the second reading and adoption of Ordinance 2024-769, Reasonable Accommodations Policy and Procedures. PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Conley to hold the second reading and adopt Ordinance 2024-769 "An Ordinance of the City Council of the City of Fortuna to amend Fortuna Municipal Code Title 17 (zoning regulations) to add Chapter 17.10, Reasonable Accommodations Policy And Procedures, and find the Amendment to be exempt from additional California Environmental Quality Act (CEQA) review under CEQA Guidelines Sections 15162 and 15061(b)3". Roll call vote. AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT:
Council Member Mobley MOTION CARRIED: 4/0
b. Second Reading and Adoption of Ordinance 2024-772, Amending the Fortuna Municipal Code Title 17, Zoning Regulations, Regarding Single-Room Occupancy Facilities and Finding the Amendments to be Exempt From CEQA.
Minutes:
STAFF REPORT: Community Development Director, Shari Meads, presented staff report on the second reading and adoption of Ordinance 2024-772, Single-Room Occupancy Facilities. PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Conley to hold the second reading and adopt Ordinance 2024-772 "An Ordinance of the City Council of the City of Fortuna amending Fortuna Municipal Code Title 17, Zoning Regulations, regarding Single Room Occupancy (SRO) Facilities and finding the amendments to be exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15162 and 15061(b)(3)." Roll call vote.
MOTION CARRIED: 5/0 AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Mobley MOTION CARRIED: 4/0
c. Introduction and First Reading of Organic Waste Disposal Ordinance 2024-770 Amendment
Minutes:
STAFF REPORT: Deputy City Engineer Mat Nyberg provided staff report on the Ordinance Amendment for the Organic Waste Disposal. PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Conley to introduce and conduct the first reading of amendments to Ordinance 2024-770 "An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance" and continue the public hearing to January 21, 2025.
Roll Call Vote. AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Mobley MOTION CARRIED: 4/0 d. City Council Appointments to Various Boards and Commissions Minutes:
STAFF REPORT: City Clerk, Siana Emmons, provided staff report on the various Boards and Commissions. See attachment for more information. PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section. CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member King to approve appointments as proposed (Attachment "A" to Minutes), with approved consensus with Council Member Mobley. Roll call vote. AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: Council Member Mobley MOTION CARRIED: 4/0.
6. CITY MANAGER’S REPORT
Minutes:
STAFF REPORT: There was no report.
7. FUTURE AGENDA ITEMS
Minutes:
None.
8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
b. Council Member Jerry King
c. Council Member Kris Mobley
d. Mayor Pro Tem Tami Trent
e. Mayor Mike Johnson
9. ADJOURN
Minutes:
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member King to adjourn the meeting at 6:42 p.m. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) ATTACHMENT “A” TO COUNCIL MINUTES FROM JANUARY 6, 2024
Board/Commission Current Appointee(s)
Humboldt County Association of
Governments (HCAOG)
Mike Johnson
Kris Mobley (A)
Humboldt Transit authority (HTA) Tami Trent
Kyle Conley (A)
Redwood Region Economic Development
Corporation (RRDEC)
Jerry King
Kyle Conley (A)
Fortuna Business Improvement District
(FBID)
Kris Mobley
Tami Trent (A)
Parks & Recreation Commission Kyle Conley
Jerry King (A)
Historical Commission Mike Johnson
Kris Mobley (A)
Redwood Coast Energy Authority (RCEA) Kris Mobley
Jerry King (A)
Indian Gaming Committee Tami Trent
Vacant (A)
Humboldt County Redevelopment Agency
(RDA) Oversight Board
Kris Mobley
Consent Item 4b
STAFF REPORT
Consent Agenda Item
DATE: February 3, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, Interim City Manager
SUBJECT: Report of Disbursements for January 08, January 16, January 22, and January 31, 2025 STAFF RECOMMENDATION:
Receive staff report of disbursements that were processed for the City of Fortuna and the Successor Agency (Fortuna Redevelopment Agency) if applicable, as an informational item only.
REPORT OF DISBURSEMENTS:
Disbursement was processed as follows:
January 08, 2025 $ 450,758.00
January 16, 2025 $ 172,653.00
January 22, 2025 $ 175,419.90
January 31, 2025 $ 377,234.70
RECOMMENDED COUNCIL ACTION:
Informational Item. Receive report by Consent Agenda vote.
ATTACHMENTS:
Disbursements Detail Report for January 08, 2025
Disbursements Detail Report for January 16, 2025
Disbursements Detail Report for January 22, 2025
Disbursements Detail Report for January 31, 2025
Amount
81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks 214.94 1/8/2025 4:37:48 PM Page 1 of 7
81165 01/08/2025 HENSELL MATERIALS 660979 Pencil Rods/Rake - Streets 129.88 81166 01/08/2025 HIGHWAY SPECIALTY CO INC 244892 Barricade Lights - Streets 237.62 81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks -241.48 81162 01/08/2025 GOLDEN GATE VETERINARY SPECIALISTS 457684 Medication - K9 Blitz 246.13 81163 01/08/2025 GRAINGER 9356338856 Tools - WWTP 927.24 81164 01/08/2025 GREENSHINE NEW ENERGY LLC GS20241217CF Solar Light Batteries - Streets 1415.32 81161 01/08/2025 FORTUNA ACE HARDWARE 386342 Hooks/Picture Hangers - City Clerk 45.05 81161 01/08/2025 FORTUNA ACE HARDWARE 386479 Pen Paint/Bolts - PD 16.7 81161 01/08/2025 FORTUNA ACE HARDWARE 386505 Pipe Strap/Bolts - General Services 19.4 81160 01/08/2025 FORBUSCO LUMBER 5780 Pavilion Game Room Repair - Parks 206.74 81161 01/08/2025 FORTUNA ACE HARDWARE 386287 Key Copies - PD 2.7 81161 01/08/2025 FORTUNA ACE HARDWARE 386339 Hook - City Clerk 6.07 81160 01/08/2025 FORBUSCO LUMBER 5610 Safety Tape - City Hall -6.82 81160 01/08/2025 FORBUSCO LUMBER 5610 Safety Tape - City Hall 97.32 81160 01/08/2025 FORBUSCO LUMBER 5780 Pavilion Game Room Repair - Parks -14.48 81160 01/08/2025 FORBUSCO LUMBER 3867 Fence Repair - Streets -9.68 81160 01/08/2025 FORBUSCO LUMBER 4602 Lumber - Parks -1.29 81160 01/08/2025 FORBUSCO LUMBER 4602 Lumber - Parks 18.4 81160 01/08/2025 FORBUSCO LUMBER 3864 Fence Repair - Streets -4.09 81160 01/08/2025 FORBUSCO LUMBER 3864 Fence Repair - Streets 83.02 81160 01/08/2025 FORBUSCO LUMBER 3867 Fence Repair - Streets 138.3 81160 01/08/2025 FORBUSCO LUMBER 3719 Primer - WWTP 98.24 81160 01/08/2025 FORBUSCO LUMBER 3786 Concrete Mix - Streets -2.8 81160 01/08/2025 FORBUSCO LUMBER 3786 Concrete Mix - Streets 40.07 81160 01/08/2025 FORBUSCO LUMBER 3531 Building Maintenance - WWTP -22.23 81160 01/08/2025 FORBUSCO LUMBER 3531 Building Maintenance - WWTP 333.26 81160 01/08/2025 FORBUSCO LUMBER 3719 Primer - WWTP -6.88 81158 01/08/2025 EUREKA RUBBER STAMP A39157 Council Name Plate 8.13 81159 01/08/2025 FERGUSON WATERWORKS #3011 1294990 Water Meters 11346.28 81160 01/08/2025 FORBUSCO LUMBER 310 Credit Return - Streets -24.01 81157 01/08/2025 EUREKA OXYGEN CO DM24120126 Cylinder Rentals FY 24/25 35.62 81157 01/08/2025 EUREKA OXYGEN CO DM24120126 Cylinder Rentals FY 24/25 35.62 81158 01/08/2025 EUREKA RUBBER STAMP A39130 Endorsement Stamps 115.33 81157 01/08/2025 EUREKA OXYGEN CO A 706724 Labels - Public Works 13.12 81157 01/08/2025 EUREKA OXYGEN CO DM24120126 Cylinder Rentals FY 24/25 35.61 81157 01/08/2025 EUREKA OXYGEN CO DM24120126 Cylinder Rentals FY 24/25 35.62 81155 01/08/2025 ECO MEDICAL 31286 Medical Waste Disposal 97.44 81156 01/08/2025 EMMONS, KIM 010225 Monday Club Deposit Refund 250 81157 01/08/2025 EUREKA OXYGEN CO A 706724 Labels - Public Works 13.12 81152 01/08/2025 BURKE, WILLIAMS & SORENSEN LLP 334163 Legal Services 1147.5 81153 01/08/2025 DEPARTMENT OF JUSTICE 785910 November BAC Analysis Service 105 81154 01/08/2025 DUNNIGAN PSYCHOLOGICAL & THREAT ASSESS 2036 Pre-employment Psych Evalulation 1400 81150 01/08/2025 APS ENVIRONMENTAL INC 40002617A Sanitary Sewer CCTV Project 18528.75 81150 01/08/2025 APS ENVIRONMENTAL INC 40002617A Sanitary Sewer CCTV Project 352046.71 81151 01/08/2025 ASAP LOCK & KEY 70414 Entry Lever Locks - City Hall 158.48 81148 01/08/2025 ACCUSOURCEHR 2024120145 Pre-employment Background Checks 81.75 81149 01/08/2025 ADVANCED SECURITY SYSTEM 719706 Alarm Battery - Lab 35.27 81150 01/08/2025 APS ENVIRONMENTAL INC 40002617A Sanitary Sewer CCTV Retention -18528.75 81147 01/08/2025 ACCESS HUMBOLDT 2227 Televised Planning Comm Meetings FY 24/25 93.45 81148 01/08/2025 ACCUSOURCEHR 2024120145 Pre-employment Background Checks 171.45 81148 01/08/2025 ACCUSOURCEHR 2024120145 Pre-employment Background Checks 171.45 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/8/2025 - 1/8/2025
Payment Number Payment Date Vendor Name Payable Number Description (Item) 81147 01/08/2025 ACCESS HUMBOLDT 2216 Franchise Fees FY 24/25 1057.5 81147 01/08/2025 ACCESS HUMBOLDT 2226 Televised Council Meetings FY 24/25 204.4 Amount
81186 01/08/2025 STAPLES BUSINESS CREDIT 7648666985 Planners/Calendar - Comm Dev 13.61 81187 01/08/2025 SWRCB ACCOUNTING OFFICE LW-1047968 Water System Annual Fees 17413.16 1/8/2025 4:37:48 PM Page 2 of 7
81185 01/08/2025 SILKE COMMUNICATIONS INV-25001420 Radio/Light Install for New Vehicle - Sewer 2444.27 81186 01/08/2025 STAPLES BUSINESS CREDIT 7648624459 Calculator/Organizer - Finance 118.99 81186 01/08/2025 STAPLES BUSINESS CREDIT 7648666985 Planners/Calendar - Comm Dev 33.13 81183 01/08/2025 SECURITY LOCK & ALARM 220034325 Museum Security Service FY 24/25 70.5 81184 01/08/2025 SHERLOCK RECORDS MANAGEMENT4426 Finance Record Storage Service FY 24/25 50 81185 01/08/2025 SILKE COMMUNICATIONS INV-25001420 Radio/Light Install for New Vehicle - Sewer 2444.26 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12248897 65641318897 15.77 81182 01/08/2025 RON DUPRATT FORD 38519 Automatic Transmission Assembly - Gen Services 3864.06 81182 01/08/2025 RON DUPRATT FORD 41812X1 Spark Plugs - PD 15.08 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12246009 33454186009 16.84 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12248481 42737528481 8.38 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12248568 41487528568 901.17 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12244490 91564484490 252.88 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12244560 74193064560 207.14 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12245284 40654195284 570.59 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12242987 61444662987 46 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12243322 79545763322 210.48 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12244197 34609744197 1109.21 81180 01/08/2025 PACE SUPPLY CORP 210102436 Red Press Backflow - Utilities 488.25 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12240527 59188610527 602.21 81181 01/08/2025 PACIFIC GAS & ELECTRIC CO 12241921 41070861921 551.78 81179 01/08/2025 OPTIMUM JAN25PO Parks/Rodeo Grounds Internet Srvc FY 24/25 235.76 81179 01/08/2025 OPTIMUM JAN25RL River Lodge Internet Service FY 24/25 191.28 81180 01/08/2025 PACE SUPPLY CORP 210093787 Gasket/Seal Merch Shaft - WWTP 931.45 81179 01/08/2025 OPTIMUM JAN25CH CH/PD/PW Internet Service FY 24/25 58.34 81179 01/08/2025 OPTIMUM JAN25CH CH/PD/PW Internet Service FY 24/25 58.34 81179 01/08/2025 OPTIMUM JAN25CH CH/PD/PW Internet Service FY 24/25 58.34 81178 01/08/2025 NORTH COAST JOURNAL 2024135053 Account Clerk II Recruitment Advertising 146 81178 01/08/2025 NORTH COAST JOURNAL 2024135657 Public Hearing Notice 190 81179 01/08/2025 OPTIMUM JAN25CH CH/PD/PW Internet Service FY 24/25 58.34 81178 01/08/2025 NORTH COAST JOURNAL 2024135049 Street Maint Worker Recruitment Advertising 58.4 81178 01/08/2025 NORTH COAST JOURNAL 2024135049 Street Maint Worker Recruitment Advertising 20.44 81178 01/08/2025 NORTH COAST JOURNAL 2024135049 Street Maint Worker Recruitment Advertising 30.66 81177 01/08/2025 NILSEN, AMY 123024 Expense Reimbursement - Keyboard Tray 87.39 81178 01/08/2025 NORTH COAST JOURNAL 2024135049 Street Maint Worker Recruitment Advertising 5.84 81178 01/08/2025 NORTH COAST JOURNAL 2024135049 Street Maint Worker Recruitment Advertising 30.66 81175 01/08/2025 NAPA AUTO PARTS FORTUNA 75242 Red Grease - WWTP 167.09 81176 01/08/2025 NAT'L ASSOC OF CHIEFS OF POLICE 010225 Semi-annual Membership Dues - C Day 60 81177 01/08/2025 NILSEN, AMY 122024 Expense Reimbursement- TV Mount 76.47 81173 01/08/2025 MITCHELL 1 IB32081843 Teamwork Software FY 24/25 68.63 81173 01/08/2025 MITCHELL 1 IB32081843 Teamwork Software FY 24/25 68.63 81174 01/08/2025 MOORE, MATTHEW 010225 Per Diem 1.10 (K9 Blitz Vet Appt) 31 81172 01/08/2025 MISSION LINEN INDUS SERV 523031126 River Lodge Linen Service 37.13 81173 01/08/2025 MITCHELL 1 IB32081843 Teamwork Software FY 24/25 68.62 81173 01/08/2025 MITCHELL 1 IB32081843 Teamwork Software FY 24/25 68.63 81172 01/08/2025 MISSION LINEN INDUS SERV 523005811 Corp Yard Linen Service 54.37 81172 01/08/2025 MISSION LINEN INDUS SERV 523005812 Wastewater Linen Service 97.53 81172 01/08/2025 MISSION LINEN INDUS SERV 523005822 Police Mat Service FY 24/25 58.04 81170 01/08/2025 MERCER FRASER COMPANY 114760 Cold Mix - Utilities 882.54 81171 01/08/2025 MICROBAC LABORATORIES INC 179946 Lab Testing 755 81172 01/08/2025 MISSION LINEN INDUS SERV 523005811 Corp Yard Linen Service 69.47 81168 01/08/2025 JENNI'S CAR WASH 1010 Car Wash Tokens - Building Dept 60 81169 01/08/2025 LEAGUE OF CALIF CITIES 1807 Redwood Empire Div Meeting - Trent/Johnson 100 81170 01/08/2025 MERCER FRASER COMPANY 114759 Sand - Utilities 255.01 81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks 716.76 81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks 716.76 81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks 716.76 Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Payment Number Payment Date Vendor Name Payable Number Description (Item) 81167 01/08/2025 HUMBOLDT CONNECTION, THE 899 Crew Sweatshirts - PW/Parks 716.76 Amount
81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 1355.35 1/8/2025 4:37:48 PM Page 3 of 7
81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 83.77 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 2955.89 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 1448.79 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 179.16 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 661.23 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 221.57 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 1854.33 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 830.26 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 146.87 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 4285.74 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 260.98 81192 01/08/2025 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 24-834334 Fuel 101.72 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 54.99 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 484 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 16.82 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 31.98 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 323.31 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 720.62 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 22.76 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 147.71 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 46.27 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 300.2 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 41.98 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 14 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 58.48 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 183.55 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 127.66 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 204 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 25 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 7.49 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 8 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 7.99 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 7.5 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 2423.32 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 1220.43 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 5583.56 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 1757.64 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 95.43 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 960 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 959.87 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 103.98 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 194.36 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 92.2 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 66.01 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses -15.72 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 71.28 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 835.93 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 49.56 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 165.2 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 165.2 81191 01/08/2025 US BANK CORP PAYMENT SYS 122324 December Cal Card Expenses 653.65 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 55.07 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 55.07 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 55.07 81189 01/08/2025 TRENT, TAMI 120124 Exp Reimbursment - Employee Recognition Lunch 48.06 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 495.61 81190 01/08/2025 UBEO BUSINESS SERVICES 4707423 Printer Services FY 24/25 385.48 Payment Number Payment Date Vendor Name Payable Number Description (Item) 81188 01/08/2025 TRACTOR SUPPLY CREDIT PLA 890323 Kennel Supplies 144.66 81188 01/08/2025 TRACTOR SUPPLY CREDIT PLA 891701 Kennel Supplies 92.39 Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Amount
Grand Total: 450757.56
1/8/2025 4:37:48 PM Page 4 of 7
81195 01/08/2025 WYCKOFF'S 154890 Stove Pipe - CDD Remodel Project 53.49 81195 01/08/2025 WYCKOFF'S 154895 Supplies - Utilities 19.39 81195 01/08/2025 WYCKOFF'S 154903 Stove Pipe - CDD Remodel Project 77.77 81195 01/08/2025 WYCKOFF'S 154866 Supplies - Utilities 537.23 81195 01/08/2025 WYCKOFF'S 154867 Water Heater Repair Supplies - CDD Remodel 35.47 81195 01/08/2025 WYCKOFF'S 154876 Supplies - WWTP 370.13 81195 01/08/2025 WYCKOFF'S 154114 Plumbing Supplies - WWTP 214.04 81195 01/08/2025 WYCKOFF'S 154139 Plumbing Supplies - WWTP 47.01 81195 01/08/2025 WYCKOFF'S 154837 Plumbing Supplies - CDD Remodel Project 1103.58 81195 01/08/2025 WYCKOFF'S 153278 Supplies - CDD Remodel Project 17.34 81195 01/08/2025 WYCKOFF'S 153466 Supplies - CDD Remodel Project 10.39 81195 01/08/2025 WYCKOFF'S 153827 Clip/Adapters - WWTP 29.8 81195 01/08/2025 WYCKOFF'S 153110 Adapters - WWTP 84.26 81195 01/08/2025 WYCKOFF'S 153172 Electrical Supplies - Parks 19.5 81195 01/08/2025 WYCKOFF'S 153277 Supplies - WWTP 92.25 81195 01/08/2025 WYCKOFF'S 152924 Plumbing Supplies - WWTP 75.44 81195 01/08/2025 WYCKOFF'S 152956 Cylinder/Pipe Cleaner - WWTP 36.21 81195 01/08/2025 WYCKOFF'S 153096 Plumbing Supplies - WWTP 212.8 81195 01/08/2025 WYCKOFF'S 152519 Credit Return - Utilities -11.94 81195 01/08/2025 WYCKOFF'S 152745 Flex Hose - General Services 45.56 81195 01/08/2025 WYCKOFF'S 152763 Bathroom Restoration - City Hall 112.76 81195 01/08/2025 WYCKOFF'S 152007 Supplies - Utilities 74.82 81195 01/08/2025 WYCKOFF'S 152026 Plumbing Service - CDD Remodel 813.05 81195 01/08/2025 WYCKOFF'S 152513 Supplies - Utilities 27.43 81195 01/08/2025 WYCKOFF'S 151587 Galvanized Pipe Nipple - Parks 4.34 81195 01/08/2025 WYCKOFF'S 151724 O-rings - Utilities 35.99 81195 01/08/2025 WYCKOFF'S 151975 Supplies - WWTP 340.78 81194 01/08/2025 WOODS PEST CONTROL 1298849 Monday Club Pest Service FY 24/25 125 81194 01/08/2025 WOODS PEST CONTROL 1298870 Public Works Pest Service FY 24/25 140 81195 01/08/2025 WYCKOFF'S 151583 Galvanized Pipe Nipple - Parks 19.52 Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Payment Number Payment Date Vendor Name Payable Number Description (Item) 81193 01/08/2025 VERIZON WIRELESS 6102105099 SCADA Messaging Service FY 24/25 5.18 1/8/2025 4:37:48 PM Page 5 of 7
100-5740-5450 Building Repair and Maintenance 1967.01
100-5745-5450 Vandalism Repair 95.43
100-6020-1600 Legal Services 1147.5
100-6025-1200 Professional Services 50
100-6025-1400 Professional Services 190
100-6025-2000 Professional Services 1018.04
100-5705-5450 Equipment Maintenance 74.57
100-5715-2000 Vehicle Repairs 15.08
100-5715-4100 Vehicle Repairs 3864.06
100-5730-5600 Alarm System Maintenance 70.5
100-5740-1500 Building Repair and Maintenance 361.74
100-5740-2000 Building Repair and Maintenance 16.7
100-5505-5450 Vehicle Fuel & Oil 830.26
100-5515-2000 Ammunition & Range Supplies 103.98
100-5565-5450 Janitorial Supplies 194.36
100-5705-1500 Equipment Maintenance 495.61
100-5705-2000 Equipment Maintenance 385.48
100-5705-4000 Equipment Maintenance 55.07
100-5500-5450 Department Supplies 724.9
100-5500-9377 Department Supplies 3070.96
100-5505-2000 Vehicle Fuel & Oil 4285.74
100-5505-2800 Vehicle Fuel & Oil 260.98
100-5505-4000 Vehicle Fuel & Oil 101.72
100-5505-4100 Vehicle Fuel & Oil 1854.33
100-5500-2000 Department Supplies 838.63
100-5500-2800 Department Supplies 237.05
100-5500-3200 Department Supplies 33.13
100-5500-4000 Department Supplies 264.5
100-5500-4100 Department Supplies 979
100-5500-5400 Department Supplies 66.01
100-2460 Sales Tax Payable -241.48
100-5500-1000 Department Supplies 661.78
100-5500-1100 Department Supplies 163.86
100-5500-1150 Department Supplies 51.12
100-5500-1200 Department Supplies 118.99
100-5500-1500 Department Supplies 71.28
550 - Wastewater Fund 10190.4
560 - Wastewater Capital Fund 352047
590 - TDA Transit Fund 1372.17
Grand Total: 450758
Account Summary
Account NumberAccount Name Payment Amount
100-1680 Distributed Office Supplies 115.33
100-1683 Distributed Utilities 1362.09
120 - Development & Building Fund 275.53
160 - Riverlodge Fund 1536.42
189 - Measure Z Fund 661.23
200 - Storm Drainage Fund 30.66
210 - Solid Waste Fund 97.44
280 - Gas Tax Fund 2316.21
350 - Capital Projects Fund 488.25
500 - Water Fund 37929.7
510 - Water Capital Fund 882.54
Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 42492.4
101 - Transaction and Use Tax Fund 146.87
105 - Donations Fund 291.13
500-5505-6000 Vehicle Fuel & Oil 83.77
1/8/2025 4:37:48 PM Page 6 of 7
280-6035-4200 Personnel Services 58.4
280-6505-4200 Utility - General & Electric 32.61
350-5500-9128 Department Supplies 488.25
500-5500-6000 Department Supplies 1023.7
500-5500-6100 Department Supplies 950.96
500-5500-6300 Department Supplies 31.98
189-5505-2000 Vehicle Fuel & Oil 661.23
200-6035-4300 Personnel Services 30.66
210-5735-5300 Janitorial Services - HHW 97.44
280-5500-4200 Department Supplies 458.43
280-5505-4200 Vehicle Fuel & Oil 221.57
280-5726-4200 Street Light Maintenance 1545.2
160-5572-5800 Craft Faire 46.27
160-5705-5800 Equipment Maintenance 55.07
160-5740-5700 Building Repair and Maintenance 125
160-6035-5800 Personnel Services 81.75
160-6210-5800 Internet Service 191.28
160-6505-5800 Utility - General & Electric 602.21
120-5500-3000 Department Supplies 36.37
120-5505-3000 Vehicle Fuel & Oil 179.16
120-5715-3000 Vehicle Repairs 60
160-2221 Monday Club Deposits 250
160-5540-5800 Catering - Food 147.71
160-5565-5800 Janitorial Supplies 37.13
100-7612-2000 Contingency 300.2
100-7616-1000 Televised Meetings 246.38
100-7616-3200 Televised Meetings 93.45
101-5505-2000 Vehicle Fuel & Oil 146.87
105-5500-2850 Department Supplies 260.13
105-7000-2850 Travel, Conferences & Training 31
100-7015-4000 Dues & Subscriptions 25
100-7015-4100 Dues & Subscriptions 68.63
100-7015-5400 Dues & Subscriptions 7.49
100-7221-5400 Break Camp Program 58.48
100-7230-5400 Skating Program 183.55
100-7612-1100 Contingency 127.66
100-7000-1000 Travel, Conferences & Training 1320.43
100-7000-2000 Travel, Conferences & Training 5583.56
100-7015-1100 Dues & Subscriptions 8
100-7015-1150 Dues & Subscriptions 7.99
100-7015-1600 Dues & Subscriptions 7.5
100-7015-2000 Dues & Subscriptions 332.62
100-6505-4000 Utility - General & Electric 46
100-6505-5400 Utility - General & Electric 551.78
100-6505-5450 Utility - General & Electric 909.55
100-6505-5500 Utility - General & Electric 207.14
100-6505-5600 Utility - General & Electric 570.59
100-6600-2000 State Fees 105
100-6035-5400 Personnel Services 171.45
100-6036-1400 Franchise Fees 1057.5
100-6210-1500 Internet Service 58.34
100-6210-2000 Internet Service 58.34
100-6210-5450 Internet Service 235.76
100-6315-1400 Employee Recognition 2471.38
Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Account Summary
Account NumberAccount Name Payment Amount
100-6035-1200 Personnel Services 317.45
100-6035-2000 Personnel Services 1400
100-6035-4100 Personnel Services 5.84
1/8/2025 4:37:48 PM Page 7 of 7
590-5500-5000 Department Supplies 16.82
590-5505-5000 Vehicle Fuel & Oil 1355.35
Grand Total: 450758
Project Account Summary
Project Account Key Payment Amount
**None** 450466
Exp DONATION-K9 291.13
Grand Total: 450758
550-6210-6700 Internet Service 58.34
550-6505-6600 Utility - General & Electric 210.48
550-7015-6600 Dues & Subscriptions 68.63
550-8000-6600 Capital Outlay 2444.27
560-2030 Retention Payable -18528.8
560-6015-9122 General Contracting 370575
550-5740-6600 Building Repair and Maintenance 402.39
550-5740-6700 Building Repair and Maintenance 140
550-5900-6600 Tools & Small Equipment 927.24
550-6035-6500 Personnel Services 30.66
550-6045-6600 Laboratory Services 755
550-6205-6700 Cell Phones 5.18
550-5500-6500 Department Supplies 788.37
550-5500-6600 Department Supplies 2697.43
550-5505-6600 Vehicle Fuel & Oil 1448.79
550-5705-6700 Equipment Maintenance 165.2
550-5715-6600 Vehicle Repairs 13.12
550-5730-6600 Alarm System Maintenance 35.27
500-6612-6000 Permits 17413.2
500-7000-6100 Travel, Conferences & Training 720.62
500-7015-6000 Dues & Subscriptions 68.63
500-7015-6100 Dues & Subscriptions 54.99
500-8000-6000 Capital Outlay 2444.26
510-5500-9124 Department Supplies 882.54
500-5705-6300 Equipment Maintenance 165.2
500-5715-6100 Vehicle Repairs 13.12
500-5760-6100 Water Meters 11346.3
500-5900-6100 Tools & Small Equipment 323.31
500-6035-6100 Personnel Services 20.44
500-6210-6300 Internet Service 58.34
Expense Approval Report Payment Dates: 1/8/2025 - 1/8/2025 Account Summary
Account NumberAccount Name Payment Amount
500-5505-6100 Vehicle Fuel & Oil 2955.89
500-5520-6100 Base Materials 255.01
Amount
81205 01/16/2025 CA BUILDING STANDARDS COMMISSION 123124 4th Quarter 2024 SB1473 -26 1/16/2025 8:20:30 AM Page 1 of 7
81203 01/16/2025 AUTOZONE #4142 04142239831 Needle File Sets - WWTP 21.46 81204 01/16/2025 BURKE, NICK 123124 Planning Commission 12.10 30 81205 01/16/2025 CA BUILDING STANDARDS COMMISSION 123124 4th Quarter 2024 SB1473 260 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 45.09 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 362.98 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 412.1 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 1046.24 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 210.92 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 4.51 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 27.06 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 91.99 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 372.08 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 185.26 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 1211.79 81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 90.2 81200 01/16/2025 AT&T 9011 22844421 9391062012 48.47
81200 01/16/2025 AT&T 9011 22858439 9391064205 286.21
81202 01/16/2025 AT&T MOBILITY X01092025 Cellular Service 22.55 81200 01/16/2025 AT&T 9011 22844419 9391062010 48.27
81200 01/16/2025 AT&T 9011 22844419 9391062010 89.64
81200 01/16/2025 AT&T 9011 22844420 9391062011 58.73
81200 01/16/2025 AT&T 9011 22844393 9391061253 18.86
81200 01/16/2025 AT&T 9011 22844418 9391062009 97.25
81200 01/16/2025 AT&T 9011 22844418 9391062009 180.61
81200 01/16/2025 AT&T 9011 22844391 9391061251 134.48
81200 01/16/2025 AT&T 9011 22844392 9391061252 256.73
81200 01/16/2025 AT&T 9011 22844393 9391061253 94.5
81200 01/16/2025 AT&T 9011 22844386 9391061221 31.53
81200 01/16/2025 AT&T 9011 22844389 9391061249 43.81
81200 01/16/2025 AT&T 9011 22844390 9391061250 19.88
81200 01/16/2025 AT&T 9011 22844384 9391061219 30.75
81200 01/16/2025 AT&T 9011 22844384 9391061219 30.76
81200 01/16/2025 AT&T 9011 22844385 9391061220 61.51
81200 01/16/2025 AT&T 9011 22844380 9391061214 31.53
81200 01/16/2025 AT&T 9011 22844382 9391061217 31.53
81200 01/16/2025 AT&T 9011 22844383 9391061218 91.48
81200 01/16/2025 AT&T 9011 22844375 9391061209 211.39
81200 01/16/2025 AT&T 9011 22844378 9391061212 31.53
81200 01/16/2025 AT&T 9011 22844379 9391061213 261.9
81200 01/16/2025 AT&T 9011 22835535 9391082149 367.49
81200 01/16/2025 AT&T 9011 22835535 9391082149 367.49
81200 01/16/2025 AT&T 9011 22844374 9391061208 31.53
81200 01/16/2025 AT&T 9011 22835535 9391082149 2171.58
81200 01/16/2025 AT&T 9011 22835535 9391082149 1007.19
81200 01/16/2025 AT&T 9011 22835535 9391082149 626.09
81200 01/16/2025 AT&T 9011 22831513 9391061237 101.11
81200 01/16/2025 AT&T 9011 22831517 9391061243 146.91
81200 01/16/2025 AT&T 9011 22835535 9391082149 3944.53
81199 01/16/2025 ASAP LOCK & KEY 70422 Lever Lock - CM Office 163.9 81200 01/16/2025 AT&T 9011 22813776 9391062358 64.1
81200 01/16/2025 AT&T 9011 22831513 9391061237 54.44
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/16/2025 - 1/16/2025
Payment Number Payment DateVendor Name Payable Number Description (Item) 81197 01/16/2025 ACCURATE DRUG TESTING SERVICES 12642 DMV Physical - M Melgar-Carreras 220 81198 01/16/2025 AIRDATA UAV INC 356251-20240304 Annual Drone Subscription Service - PD 2480 Amount
81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1196236 Vet Services 80 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1196240 Vet Services 350 1/16/2025 8:20:30 AM Page 2 of 7
81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1194500 Vet Services 133 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1195109 Vet Services 30 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1195858 Vet Services 93.11 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1193326 Vet Services 33.76 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1193673 Vet Services 15 81221 01/16/2025 HUMBOLDT VETERINARY MEDICAL GRP 1194395 Vet Services 30 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 26 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 23.5 81220 01/16/2025 HELIX LABORATORIES INC 91414 Alka Mag Supply FY 24/25 7486.23 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 156 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 31.08 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 26 81217 01/16/2025 H&S ENERGY GROUP HCL-006739-24 Car Wash Services - PD 14 81218 01/16/2025 HALLEY, STEPHANIE 123124 Planning Commission 12.10 30 81219 01/16/2025 HEALTHSPORT 010125 January Gym Memberships 78 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 1909.6 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 1909.6 81216 01/16/2025 GRAINGER 9359568616 Couplings/Process TSTAT - WWTP 112.35 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 1909.6 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 954.8 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 477.4 81213 01/16/2025 FREEDOM FUEL 21437 Equipment Fuel 62.04 81214 01/16/2025 FRIESEN, NEVIN 010625 Monday Club Deposit Refund 250 81215 01/16/2025 GOVERNMENTJOBS.COM INC INV-31951 NeoGov Annual Software 2387 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425353b Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425381 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425454 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425203 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425351 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425353 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425105 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425152 Fire Assessment Tax 24/25 216 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425162 Fire Assessment Tax 24/25 216 81210 01/16/2025 FORTUNA ACE HARDWARE K86691 Bolts/Sharpies - CDD Remodel Project 14.09 81210 01/16/2025 FORTUNA ACE HARDWARE K86707 Paint/Chain File/Razor Blades - Parks 89.83 81211 01/16/2025 FORTUNA FIRE PROTECTION 2425021 Fire Assessment Tax 24/25 216 81210 01/16/2025 FORTUNA ACE HARDWARE 386826 Tools - Parks 86.72 81210 01/16/2025 FORTUNA ACE HARDWARE 386849 Supplies - WWTP 39.69 81210 01/16/2025 FORTUNA ACE HARDWARE 386885 Concrete Mix - Utilities 22.75 81210 01/16/2025 FORTUNA ACE HARDWARE 386814 Janitorial Supplies - PD/CH/RL 17.34 81210 01/16/2025 FORTUNA ACE HARDWARE 386814 Janitorial Supplies - PD/CH/RL 23.62 81210 01/16/2025 FORTUNA ACE HARDWARE 386814 Janitorial Supplies - PD/CH/RL 5.41 81210 01/16/2025 FORTUNA ACE HARDWARE 386741 Masking Tape/Paint Marker - Gen Srvs 29.03 81210 01/16/2025 FORTUNA ACE HARDWARE 386742 Leader Hose/Shovel - Utilities 82.43 81210 01/16/2025 FORTUNA ACE HARDWARE 386748 Supplies - WWTP 29.27 81210 01/16/2025 FORTUNA ACE HARDWARE 386625 Janitorial Supplies - PW/CH/PD/Parks 3.24 81210 01/16/2025 FORTUNA ACE HARDWARE 386625 Janitorial Supplies - PW/CH/PD/Parks 30.35 81210 01/16/2025 FORTUNA ACE HARDWARE 386737 Supplies - Utilites 52.05 81210 01/16/2025 FORTUNA ACE HARDWARE 386526 Ceramic Heater/Batteries - Skating 110.73 81210 01/16/2025 FORTUNA ACE HARDWARE 386625 Janitorial Supplies - PW/CH/PD/Parks 14.29 81210 01/16/2025 FORTUNA ACE HARDWARE 386625 Janitorial Supplies - PW/CH/PD/Parks 8.67 81209 01/16/2025 EUROFINS EATON ANALYTICAL 3800072803 Lab Testing 3825 81210 01/16/2025 FORTUNA ACE HARDWARE 386315 Supplies - Utilities 104.12 81210 01/16/2025 FORTUNA ACE HARDWARE 386516 Supplies - Parks 116.03 81207 01/16/2025 DEPT OF CONSERVATION DIV OF ADMIN SRVS123124 4th Quarter 2024 Seismic 1070.16 81207 01/16/2025 DEPT OF CONSERVATION DIV OF ADMIN SRVS123124 4th Quarter 2024 Seismic -53.61 81208 01/16/2025 DORRIS, JOSHUA 123124 Planning Commission 12.10 30 Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Payment Number Payment DateVendor Name Payable Number Description (Item) 81206 01/16/2025 CHARLTON, GABE 121124 Per Diem 1.22 - 1.25 (SLI Course) 299 Amount
81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12245020 63983385020 107.3 1/16/2025 8:20:30 AM Page 3 of 7
81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12243881 58771943881 2173.83 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12243994 28883393994 54.51 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12244082 45966674082 32.79 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12242728 48364062728 10.84 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12242970 93570722970 98.8 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12243045 45859733045 113.26 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12241965 88771941965 21.02 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12242034 98154202034 519.93 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12242716 23664592716 3.44 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12240847 06162570847 65.38 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12240906 78346610906 68.93 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12241200 81934311200 122.16 81237 01/16/2025 OWSLEY ELECTRIC 11075 Outlet Install - CDD Remodel Project 531 81238 01/16/2025 PACIFIC GAS & ELECTRIC CO 011025 23483125623 - Reimburse PG&E for Temp Use 178 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12240729 95900010729 115.69 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284871 Credit Manifold Set Return -78.52 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284898 Harness - Parks 33.45 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 285610 Fuel Injector Cleaner - Parks 71.52 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284726 Knock Sensor/Manifold Set - Parks 204.95 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284800 Manifold Set - Parks 3.45 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284870 Manifold Set - Parks 53.81 81235 01/16/2025 OPTIMUM JAN25MC Monday Club Internet Service FY 24/25 125 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284660 Vehicle Repair - PW 10.84 81236 01/16/2025 O'REILLY AUTOMOTIVE STORE 284660 Vehicle Repair - PW 10.84 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 338.31 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 628.29 81234 01/16/2025 OCT WATER QUALITY ACADEMY 010825 Water Treatment Exam Review - A White 500 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 386.64 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 48.33 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 338.31 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 1111.59 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 1594.89 81233 01/16/2025 NYLEX.NET 15850 Network Support Services FY 24/25 386.64 81231 01/16/2025 NICHOLS, NELEEN 123124 Planning Commission 12.10 30 81232 01/16/2025 NORMAN'S DRY CLEANERS 25009-198-A River Lodge Linen Service 56.4 81233 01/16/2025 NYLEX.NET 15800 Computer Parts - Museum 145.52 81230 01/16/2025 NAPA AUTO PARTS FORTUNA 75371 Incandescent Bulb - WWTP 18.05 81230 01/16/2025 NAPA AUTO PARTS FORTUNA 75405 Oil - WWTP 292.71 81230 01/16/2025 NAPA AUTO PARTS FORTUNA 75585 Degreaser/Electronic Cleaner - WWTP 213.59 81228 01/16/2025 MISSION LINEN INDUS SERV 523070886 River Lodge Linen Service/Paper Towels 378.55 81228 01/16/2025 MISSION LINEN INDUS SERV 523070886 River Lodge Linen Service/Paper Towels 70.03 81229 01/16/2025 MURPHY, MICHI 010725 Mileage Reimbursement 9.24 - 1.25 19.01 81228 01/16/2025 MISSION LINEN INDUS SERV 523045496 Parks/Rink Linen Service 97.11 81228 01/16/2025 MISSION LINEN INDUS SERV 523049748 Papertowels - Parks 465.47 81228 01/16/2025 MISSION LINEN INDUS SERV 523067568 Latex Gloves - River Lodge 55.13 81228 01/16/2025 MISSION LINEN INDUS SERV 523045486 Corp Yard Linen Service 77.17 81228 01/16/2025 MISSION LINEN INDUS SERV 523045486 Corp Yard Linen Service 62.07 81228 01/16/2025 MISSION LINEN INDUS SERV 523045487 Wastewater Linen Service 109.14 81228 01/16/2025 MISSION LINEN INDUS SERV 522988112 River Lodge Linen Service 35.34 81228 01/16/2025 MISSION LINEN INDUS SERV 522992913 Latex Gloves - River Lodge 55.6 81228 01/16/2025 MISSION LINEN INDUS SERV 523005823 Parks/Rink Linen Service 93.66 81226 01/16/2025 MENDES SUPPLY INC M273920 Can Liners/Mops - Parks 593.92 81227 01/16/2025 MERCER FRASER COMPANY 2142-01 Paving - South Loop Road 45322.24 81228 01/16/2025 MISSION LINEN INDUS SERV 522963628 Parks/Rink Linen Service 104.51 81224 01/16/2025 INFINITE CONSULTING SERVICES 12473 Telephone Repair Service - WWTP 125 81224 01/16/2025 INFINITE CONSULTING SERVICES 12473 Telephone Repair Service - WWTP 125 81225 01/16/2025 KEIN, MICHAEL 123124 Planning Commission 12.10 30 Payment Number Payment DateVendor Name Payable Number Description (Item) 81222 01/16/2025 HUMMEL TIRE & WHEEL 280650 Tire Sensor - WWTP 190.85 81223 01/16/2025 INDUSTRIAL ELECTRIC ARCATA INC IN52525 Wire/Bearings - WWTP 1353.55 Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Amount
81256 01/16/2025 PACIFIC GAS & ELECTRIC CO 12242501 10129392501 297.43 Grand Total: 172653.44
1/16/2025 8:20:30 AM Page 4 of 7
81253 01/16/2025 VWR INTERNATIONAL LLC 8817899236 Lab Supplies 247.14 81254 01/16/2025 WILDWOOD SAW 39596 Weed Whipper Line - Parks 43.38 81255 01/16/2025 WOODS PEST CONTROL 1298999 Police Pest Control Services FY 24/25 85 81252 01/16/2025 US BANK EQUIPMENT FINANCE 546685652 Copier Leases FY 24/25 200.66 81252 01/16/2025 US BANK EQUIPMENT FINANCE 546685652 Copier Leases FY 24/25 78.23 81252 01/16/2025 US BANK EQUIPMENT FINANCE 546685652 Copier Leases FY 24/25 61.22 81250 01/16/2025 TYLER TECHNOLOGIES INC 25-491591 Utility Online Payment Fees FY 24/25 2696.25 81251 01/16/2025 US BANK 7589590 WW Revenue Bond Admin Fee 1800 81251 01/16/2025 US BANK 7589740 Water Revenue Bond Admin Fee 1800 81248 01/16/2025 SWIFT, MICHELLE 010625 Monday Club Deposit Refund 250 81249 01/16/2025 TRACTOR SUPPLY CREDIT PLA 893079 Muck Boots - Utilities 204.71 81250 01/16/2025 TYLER TECHNOLOGIES INC 25-491591 Utility Online Payment Fees FY 24/25 2696.25 81247 01/16/2025 STAPLES BUSINESS CREDIT 7648417626 Printer Ink - Engineering 231.41 81247 01/16/2025 STAPLES BUSINESS CREDIT 7649167829 Printer Ink - Engineering 109.14 81247 01/16/2025 STAPLES BUSINESS CREDIT 7649207791 Wall Calendar - PD 15.29 81246 01/16/2025 SPORT & CYCLE 230110 Rain Gear - Utilities 271.23 81247 01/16/2025 STAPLES BUSINESS CREDIT 6020143501 Price Adjustment Credit -1.74 81247 01/16/2025 STAPLES BUSINESS CREDIT 7646678243 Printer Ink - Engineering 114.39 81246 01/16/2025 SPORT & CYCLE 230106 Rain Gear - Utilities 271.23 81246 01/16/2025 SPORT & CYCLE 230107 Rain Gear - Utilities 271.23 81246 01/16/2025 SPORT & CYCLE 230109 Rain Gear - Utilities 271.23 81244 01/16/2025 ROCHA'S AUTOMOTIVE INC 44319 Vehicle Repair - PD 157 81245 01/16/2025 RON DUPRATT FORD 42416 Hose - PD 61.27 81246 01/16/2025 SPORT & CYCLE 230105 Rain Gear - Utilities 271.23 81241 01/16/2025 PLANWEST PARTNERS INC 24-292-03 RCRPD - Community Pool Project 9775 81242 01/16/2025 RECOLOGY EEL RIVER 705218 Debris Disposal 16 81243 01/16/2025 RESERVE ACCOUNT 01102025 Replenish Postage Meter 2500 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12249662 43566719662 243.39 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12249729 17524449729 335.35 81241 01/16/2025 PLANWEST PARTNERS INC 24-292-02 RCRPD - Community Pool Project 11900 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12249363 48780729363 20.72 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12249457 99509569457 49.41 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12249507 47733469507 1273.29 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12246485 44193066485 29.12 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12247872 67125257872 51.23 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12248379 51382078379 600.37 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12245729 75033105729 280.84 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12246230 40689526230 466.81 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12246357 27889626357 27276.66 Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Payment Number Payment DateVendor Name Payable Number Description (Item) 81239 01/16/2025 PACIFIC GAS & ELECTRIC CO 12245127 43154195127 103.01 100-6205-1500Cell Phones 185.26
100-6205-2000Cell Phones 1211.79
1/16/2025 8:20:30 AM Page 5 of 7
100-6035-1500Personnel Services 2387
100-6035-2000Personnel Services 1909.6
100-6035-5400Personnel Services 954.8
100-6200-2000Telephone 684.28
100-6200-5400Telephone 319.01
100-6205-1100Cell Phones 22.55
100-5775-2000Network Support 1594.89
100-5775-4000Network Support 386.64
100-5775-5400Network Support 386.64
100-5775-5600Network Support 193.85
100-5900-5450Tools & Small Equipment 86.72
100-6025-4100Professional Services 220
100-5715-5450Vehicle Repairs 288.66
100-5740-1500Building Repair and Maintenance 163.9
100-5740-2000Building Repair and Maintenance 85
100-5743-5450Pavilion Maintenance 89.83
100-5750-5450Weed Abatement 43.38
100-5775-1500Network Support 1111.59
100-5565-5450Janitorial Supplies 1357.91
100-5705-1500Equipment Maintenance 200.66
100-5705-2000Equipment Maintenance 78.23
100-5705-5450Equipment Maintenance 61.22
100-5715-2000Vehicle Repairs 232.27
100-5715-4100Vehicle Repairs 29.03
100-5500-2000Department Supplies 47.58
100-5500-4000Department Supplies 453.2
100-5500-4100Department Supplies 77.17
100-5500-5450Department Supplies 116.03
100-5500-9377Department Supplies 545.09
100-5505-5450Vehicle Fuel & Oil 62.04
100-1684 Distributed Telephone 407.38
100-2450 Dept Conserv. - Seismic Fee 1070.16
100-2455 Calif Bldg - SB 1473 Fee 260
100-5265-1150Miscellaneous Benefits 78
100-5265-2000Miscellaneous Benefits 156
100-5500-1500Department Supplies 31.63
550 - Wastewater Fund 46480.9
560 - Wastewater Capital Fund 4003
590 - TDA Transit Fund 54.26
670 - Rancho Bueno Vista Fund 54.51
671 - Kenwood Meadows Fund 98.8
Grand Total: 172653
Account Summary
Account Number Account Name Payment Amount
100-1610 Prepaid Postage 2500
100 - General Fund 35223.9
101 - Transaction and Use Tax Fund 66997.2
120 - Development & Building Fund 150.17
160 - Riverlodge Fund 5628.73
210 - Solid Waste Fund 16
250 - FBID Fund 45.09
280 - Gas Tax Fund 873.01
350 - Capital Projects Fund 22.75
500 - Water Fund 13005.1
Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Report Summary
Fund Summary
Fund Payment Amount
500-6200-6100Telephone 95.63
500-6205-6300Cell Phones 362.98
500-6210-6300Internet Service 367.49
1/16/2025 8:20:30 AM Page 6 of 7
500-5775-6300Network Support 338.31
500-5900-6100Tools & Small Equipment 82.43
500-6025-6300Professional Services 125
500-6035-6300Personnel Services 1909.6
500-6055-8200Trustee Fees 1800
500-6060-6300Bank Fees 2696.25
280-5265-4200Miscellaneous Benefits 26
280-6035-4200Personnel Services 477.4
280-6505-4200Utility - General & Electric 369.61
350-5500-9128Department Supplies 22.75
500-5265-6100Miscellaneous Benefits 26
500-5500-6100Department Supplies 1779.1
160-6505-5800Utility - General & Electric 2173.83
160-6720-5700County Property Tax 216
160-6720-5800County Property Tax 216
160-7000-5800Travel, Conferences & Training 19.01
210-5735-5300Janitorial Services - HHW 16
250-6205-1800Cell Phones 45.09
160-6200-5700Telephone 31.53
160-6200-5800Telephone 410.07
160-6205-5800Cell Phones 4.51
160-6210-5700Internet Service 125
160-6210-5800Internet Service 626.09
160-6505-5700Utility - General & Electric 280.84
120-6205-3000Cell Phones 210.92
160-2221 Monday Club Deposits 500
160-5265-5800Miscellaneous Benefits 31.08
160-5547-5800User Group Linen 378.55
160-5565-5800Janitorial Supplies 277.91
160-5775-5800Network Support 338.31
100-7455-2800Veterinary Expenses 319.87
100-7600-3200Planning Commission 150
101-6015-9994General Contracting 45322.2
101-6025-5450Professional Services 21675
120-4400 Building Permit And Inspection -79.61
120-6200-3000Telephone 18.86
100-6720-5450County Property Tax 648
100-6720-5500County Property Tax 216
100-7000-2000Travel, Conferences & Training 299
100-7015-2000Dues & Subscriptions 2480
100-7230-5400Skating Program 110.73
100-7400-2800Miranda's Rescue 445
100-6220-2000CLETS Service 286.21
100-6505-2000Utility - General & Electric 65.38
100-6505-2800Utility - General & Electric 335.35
100-6505-5450Utility - General & Electric 596.49
100-6720-1400County Property Tax 216
100-6720-2000County Property Tax 216
100-6205-4000Cell Phones 27.06
100-6205-4100Cell Phones 91.99
100-6205-5450Cell Phones 372.08
100-6210-1500Internet Service 3944.53
100-6210-2000Internet Service 3217.82
100-6210-5450Internet Service 1007.19
Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Account Summary
Account Number Account Name Payment Amount
100-6205-3200Cell Phones 90.2
Grand Total: 172653
Project Account Summary
Project Account Key Payment Amount
**None** 172653
Grand Total: 172653
1/16/2025 8:20:30 AM Page 7 of 7
560-5500-0171Department Supplies 3825
560-6025-9121Professional Services 178
590-5265-5000Miscellaneous Benefits 23.5
590-6200-5000Telephone 30.76
670-6505-6505Utility - General & Electric 54.51
671-6505-6510Utility - General & Electric 98.8
550-6060-6700Bank Fees 2696.25
550-6200-6500Telephone 305.71
550-6205-6700Cell Phones 412.1
550-6210-6700Internet Service 367.49
550-6505-6600Utility - General & Electric 27638.4
550-6720-6700County Property Tax 432
550-5715-6500Vehicle Repairs 10.84
550-5715-6600Vehicle Repairs 219.74
550-5775-6700Network Support 628.29
550-6025-6700Professional Services 125
550-6035-6700Personnel Services 1909.6
550-6055-8200Trustee Fees 1800
500-6505-6000Utility - General & Electric 2922.31
500-7000-6100Travel, Conferences & Training 500
550-5500-6600Department Supplies 2171.76
550-5500-6700Department Supplies 30.35
550-5555-6600Plant Chemicals 7486.23
550-5557-6600Lab Supplies 247.14
Expense Approval Report Payment Dates: 1/16/2025 - 1/16/2025 Account Summary
Account Number Account Name Payment Amount
Amount
81280 01/22/2025 MISSION LINEN INDUS SERV 523084051 Corp Yard Linen Service 56.94 1/22/2025 2:41:59 PM Page 1 of 5
81279 01/22/2025 MICROBAC LABORATORIES INC 180172 Lab Testing 391 81279 01/22/2025 MICROBAC LABORATORIES INC 180228 Lab Testing 84 81280 01/22/2025 MISSION LINEN INDUS SERV 523084051 Corp Yard Linen Service 101.57 81278 01/22/2025 MERCER FRASER COMPANY 2130-06 Road Restoration/Paving 9807 81279 01/22/2025 MICROBAC LABORATORIES INC 180094 Lab Testing 300 81279 01/22/2025 MICROBAC LABORATORIES INC 180172 Lab Testing 119 81278 01/22/2025 MERCER FRASER COMPANY 2130-06 Road Restoration/Paving 918 81278 01/22/2025 MERCER FRASER COMPANY 2130-06 Road Restoration/Paving 23700 81278 01/22/2025 MERCER FRASER COMPANY 2130-06 Road Restoration/Paving 13430 81275 01/22/2025 INDUSTRIAL ELECTRIC ARCATA INC IN52630 Cutler Hammer Starter - WWTP 615.84 81276 01/22/2025 MCCOY, PRECIOUS 011525 Monday Club Deposit Refund 250 81277 01/22/2025 MELGAR-CARRERAS, MARC 010725 Class B License Test Fee Reimbursement 98 81273 01/22/2025 GRAINGER 9365758656 Supplies - WWTP 244.43 81274 01/22/2025 HUMMEL TIRE & WHEEL 280700 Flat Repair - Utilities 136.25 81274 01/22/2025 HUMMEL TIRE & WHEEL 280734 Tires - Building 503.82 81271 01/22/2025 GHD INC 380-0063508 Mill Creek Habitat Connectivity Project 38951.35 81271 01/22/2025 GHD INC 380-0063628 Kenmar Interchange PS&E 16801.07 81272 01/22/2025 GOLDEN GATE VETERINARY SPECIALISTS459295 Vet Services - K9 Blitz 1328.24 81270 01/22/2025 FRIENDS OF THE FORTUNA LIBRARY 011525 Annual Meeting Lunch Attendance x3 24 81270 01/22/2025 FRIENDS OF THE FORTUNA LIBRARY 011525 Annual Meeting Lunch Attendance x3 12 81271 01/22/2025 GHD INC 380-0063502 US 101/12th Street Interchange PA & ED 34856.28 81267 01/22/2025 FORTUNA ACE HARDWARE 387217 Extension Cord - Buidling 16.26 81267 01/22/2025 FORTUNA ACE HARDWARE 3897013 Supplies - Streets 48.81 81269 01/22/2025 FREEDOM FUEL 21840 Propane - WWTP 25.63 81267 01/22/2025 FORTUNA ACE HARDWARE 387195 Janitorial Supplies - CH/Library/PD/MC 17.56 81267 01/22/2025 FORTUNA ACE HARDWARE 387195 Janitorial Supplies - CH/Library/PD/MC 15.37 81267 01/22/2025 FORTUNA ACE HARDWARE 387195 Janitorial Supplies - CH/Library/PD/MC 7.15 81267 01/22/2025 FORTUNA ACE HARDWARE 387130 Supplies - WWTP 107.14 81267 01/22/2025 FORTUNA ACE HARDWARE 387151 Pavilion Floor Maintenance Supplies 154.61 81267 01/22/2025 FORTUNA ACE HARDWARE 387195 Janitorial Supplies - CH/Library/PD/MC 58.57 81267 01/22/2025 FORTUNA ACE HARDWARE 387087 Paint/Varnish/Supplies - River Lodge 109.37 81267 01/22/2025 FORTUNA ACE HARDWARE 387103 Cleaning/Paint Supplies - River Lodge 10.14 81267 01/22/2025 FORTUNA ACE HARDWARE 387116 Paint/Paint Supplies - CDD Remodel Project 111.97 81267 01/22/2025 FORTUNA ACE HARDWARE 386987 Tools - WWTP 174.83 81267 01/22/2025 FORTUNA ACE HARDWARE 386998 Utility Blades - General Services 10.84 81267 01/22/2025 FORTUNA ACE HARDWARE 387084 Supplies - WWTP 101.91 81267 01/22/2025 FORTUNA ACE HARDWARE 386955 Batteries/Shackles/Bolts - WWTP 107.3 81267 01/22/2025 FORTUNA ACE HARDWARE 386980 Battery/Bolts/Heat Shrink Gun - Gen Srvs/Utilites 11.98 81267 01/22/2025 FORTUNA ACE HARDWARE 386980 Battery/Bolts/Heat Shrink Gun - Gen Srvs/Utilites 11.98 81267 01/22/2025 FORTUNA ACE HARDWARE 386912 Light Ballast - Parks 62.91 81267 01/22/2025 FORTUNA ACE HARDWARE 386936 Drill Bits - WWTP 9.75 81267 01/22/2025 FORTUNA ACE HARDWARE 386951 Supplies - Streets 48.81 81265 01/22/2025 FARWEST STEEL 2168629 Supplies - Streets 594.63 81266 01/22/2025 FEDEX 8-730-58683 Lab Shipping Services 28.46 81267 01/22/2025 FORTUNA ACE HARDWARE 386910 Chain Cable - WWTP 292.62 81262 01/22/2025 CALIFORNIA SPECIAL DISTRICTS ASSOC 012125 RCRPD Membership Renewal 2025 238 81263 01/22/2025 CLYDE'S TOWING, INC 27090 Towing Services - PD 150 81264 01/22/2025 CSG CONSULTANTS 59686 SB1383 Negotiation Service 1600 81259 01/22/2025 AUTOZONE #4142 04142243111 Proelite Flow Thru - WWTP 23.67 81260 01/22/2025 BELL & ASSOCIATES INC 2024-106 SB1383 Consulting Services 1692 81261 01/22/2025 BIG ISLAND KINE 012125 Refund Business License Overpayment 80 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/22/2025 - 1/22/2025
Payment Number Payment Date Vendor Name Payable Number Description (Item) 81257 01/22/2025 AQUA BEN CORPORATION 48687 Hydrofloc Supply FY 24/25 11379.48 81258 01/22/2025 AT&T 5025 01250893 23484108935031 31.57 Amount
81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 111.42 1/22/2025 2:41:59 PM Page 2 of 5
81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 346.64 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 111.42 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 126.53 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 126.53 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 222.84 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 42.18 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 94.9 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 42.18 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 295.23 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 94.9 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 42.18 81293 01/22/2025 STAPLES BUSINESS CREDIT 7649703429 Staples/Sharpies/Letter Openers - CH 39.44 81294 01/22/2025 TRACTOR SUPPLY CREDIT PLA 893838 Kennel Supplies 24.23 81295 01/22/2025 UBEO BUSINESS SERVICES 542234810 Print Services Contract FY 24/25 (Revised) 189.8 81293 01/22/2025 STAPLES BUSINESS CREDIT 7647673759-1 Credit Price Adjustment -1.61 81293 01/22/2025 STAPLES BUSINESS CREDIT 7649588712 Storage Boxes - Finance 84.59 81293 01/22/2025 STAPLES BUSINESS CREDIT 7649588712-1 Credit Storage Box Return -84.59 81293 01/22/2025 STAPLES BUSINESS CREDIT 7646060417-1 Credit Price Adjustment -3.26 81293 01/22/2025 STAPLES BUSINESS CREDIT 7646411799-1 Credit Price Adjustment -4.09 81293 01/22/2025 STAPLES BUSINESS CREDIT 7646530566-1 Credit Price Adjustment -2.99 81291 01/22/2025 RECOLOGY EEL RIVER 706465 Debris Disposal 89.6 81291 01/22/2025 RECOLOGY EEL RIVER 706493 Debris Disposal 297.6 81292 01/22/2025 REMOTE SATELLITE SYSTEMS 130693 Police Satellite Phone Service FY 24/25 74 81291 01/22/2025 RECOLOGY EEL RIVER 706394 Debris Disposal - City Hall 48 81291 01/22/2025 RECOLOGY EEL RIVER 706447 Debris Disposal 243.2 81291 01/22/2025 RECOLOGY EEL RIVER 706459 Debris Disposal 252.8 81291 01/22/2025 RECOLOGY EEL RIVER 705386 Debris Disposal 204.8 81291 01/22/2025 RECOLOGY EEL RIVER 705389 Debris Disposal 134.4 81291 01/22/2025 RECOLOGY EEL RIVER 705402 Debris Disposal 80 81288 01/22/2025 PAPE MACHINERY 9250857 Linkage - Parks 76.09 81289 01/22/2025 PLATT ELECTRIC SUPPLY 5V63462 Exit Light Batteries - Pavilion 51.17 81290 01/22/2025 PRYOR LEARNING LLC 34278123 Communication Training - Finance 299 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 286757 Credit Core Return -22 81286 01/22/2025 PACE SUPPLY CORP 29686494-2 Hymax Couplings - Utilities 780.96 81287 01/22/2025 PACIFIC GAS & ELECTRIC CO 01256726 44469516726 2879.02 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 286011 Battery - Utilities 163.69 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 286061 Credit Return - Parks -71.52 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 286692 Blower/Pigtail Sock - Parks 67.11 81284 01/22/2025 NYLEX.NET 15876 Battery Back-up - Finance 292.14 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 284659 Carry Box - General Services 167.94 81285 01/22/2025 O'REILLY AUTOMOTIVE STORE 285931 Vapor Canister - General Services 367.97 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 28.99 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 28.99 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 53.84 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 33.13 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 33.13 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 4.14 81284 01/22/2025 NYLEX.NET 15820 Windows Upgrade/Install - Utilities 132.85 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 95.26 81284 01/22/2025 NYLEX.NET 15823 Purchase/Install UAP Mesh 136.69 81282 01/22/2025 NAPA AUTO PARTS FORTUNA 75659 Air Filter/Oil - WWTP 73.86 81283 01/22/2025 NORTH COAST JOURNAL 2025135785 Bridal Faire Advertising 378 81283 01/22/2025 NORTH COAST JOURNAL 2025135786 Bridal Faire Advertising 120 81280 01/22/2025 MISSION LINEN INDUS SERV 523084062 Police Mat Service FY 24/25 58.04 81280 01/22/2025 MISSION LINEN INDUS SERV 523084063 Parks/Rink Linen Service 94.31 81281 01/22/2025 MITCHELL LAW FIRM, THE 6433 City Attorney Services FY 24/25 2487.5 Expense Approval Report Payment Dates: 1/22/2025 - 1/22/2025 Payment Number Payment Date Vendor Name Payable Number Description (Item) 81280 01/22/2025 MISSION LINEN INDUS SERV 523084052 Wastewater Linen Service 97.53 Amount
81298 01/22/2025 WOODS PEST CONTROL 1298851 River Lodge Pest Service FY 24/25 150 Grand Total: 175419.88
1/22/2025 2:41:59 PM Page 3 of 5
81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 148.56 81296 01/22/2025 WENDT CONSTRUCTION 115758 Pavilion Floor Sealant Service 1250 81297 01/22/2025 WILDWOOD SAW 39606 Stihl Motomix - Utilities 43.39 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 111.42 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 148.56 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 111.42 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 148.56 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 222.84 81295 01/22/2025 UBEO BUSINESS SERVICES 546515099 Print Services Contract FY 24/25 (Revised) 346.64 Payment Number Payment Date Vendor Name Payable Number Description (Item) 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 49.52 81295 01/22/2025 UBEO BUSINESS SERVICES 544306384 Print Services Contract FY 24/25 (Revised) 148.56 Expense Approval Report Payment Dates: 1/22/2025 - 1/22/2025 101-6015-9994 General Contracting 918
105-5500-2850 Department Supplies 1328.24
1/22/2025 2:41:59 PM Page 4 of 5
100-6025-2000 Professional Services 58.04
100-7000-1200 Travel, Conferences & Training 299
100-7000-4100 Travel, Conferences & Training 98
100-7015-2000 Dues & Subscriptions 74
100-7612-1000 Contingency 24
100-7612-1100 Contingency 12
100-5775-1500 Network Support 95.26
100-5775-2000 Network Support 136.69
100-5775-4000 Network Support 33.13
100-5775-5400 Network Support 33.13
100-5775-5600 Network Support 4.14
100-6020-1300 Legal Services 2487.5
100-5715-2000 Vehicle Repairs 150
100-5715-4100 Vehicle Repairs 547.89
100-5715-5450 Vehicle Repairs -4.41
100-5720-5450 Equipment Repair 76.09
100-5740-5450 Building Repair and Maintenance 1312.91
100-5743-5450 Pavilion Maintenance 205.78
100-5565-5450 Janitorial Supplies 94.31
100-5705-1500 Equipment Maintenance 635.48
100-5705-2000 Equipment Maintenance 988.51
100-5705-3200 Equipment Maintenance 317.74
100-5705-4000 Equipment Maintenance 141.22
100-5705-5450 Equipment Maintenance 141.22
100-5500-2000 Department Supplies 17.56
100-5500-2800 Department Supplies 24.23
100-5500-3200 Department Supplies -3.26
100-5500-4100 Department Supplies 112.41
100-5500-5500 Department Supplies 15.37
100-5500-9377 Department Supplies 111.97
100-1680 Distributed Office Supplies 39.44
100-4080 Business License Taxes 80
100-5500-1100 Department Supplies -4.09
100-5500-1150 Department Supplies -4.6
100-5500-1200 Department Supplies 292.14
100-5500-1500 Department Supplies 106.57
280 - Gas Tax Fund 692.25
306 - Recycle-Parks 3292
350 - Capital Projects Fund 38951.35
500 - Water Fund 18832.13
550 - Wastewater Fund 13919.1
560 - Wastewater Capital Fund 9807
Grand Total: 175419.9
Account Summary
Account NumberAccount Name Payment Amount
100 - General Fund 8749.37
101 - Transaction and Use Tax Fund 918
105 - Donations Fund 1328.24
110 - Rohner Rec District Fund 238
120 - Development & Building Fund 837.82
160 - Riverlodge Fund 1194.87
200 - Storm Drainage Fund 1302.4
260 - TDA Non-Transit Fund 23700
270 - STIP/TEA Fund 51657.35
Expense Approval Report Payment Dates: 1/22/2025 - 1/22/2025 Report Summary
Fund Summary
Fund Payment Amount
Grand Total: 175419.9
Project Account Summary
Project Account Key Payment Amount
**None** 174091.6
Exp DONATION-K9 1328.24
Grand Total: 175419.9
1/22/2025 2:41:59 PM Page 5 of 5
550-5705-6700 Equipment Maintenance 423.65
550-5720-6600 Equipment Repair 73.86
550-5775-6700 Network Support 53.84
550-5900-6600 Tools & Small Equipment 184.58
550-6045-6600 Laboratory Services 775
560-6025-9121 Professional Services 9807
500-6045-6000 Laboratory Services 119
500-6200-6100 Telephone 31.57
500-6505-6000 Utility - General & Electric 2879.02
550-5500-6600 Department Supplies 1000.23
550-5555-6600 Plant Chemicals 11379.48
550-5557-6600 Lab Supplies 28.46
500-5705-6300 Equipment Maintenance 423.65
500-5720-6000 Equipment Repair 615.84
500-5720-6100 Equipment Repair 277.94
500-5775-6300 Network Support 28.99
500-6015-6100 General Contracting 13430
500-6025-6100 Professional Services 132.85
270-6005-9112 Engineering Services 34856.28
270-6005-9978 Engineering Services 16801.07
280-5726-4200 Street Light Maintenance 692.25
306-6020-5400 Legal Services 3292
350-6025-9123 Professional Services 38951.35
500-5500-6100 Department Supplies 893.27
160-5571-5800 Bridal Faire 498
160-5705-5800 Equipment Maintenance 141.22
160-5740-5800 Building Repair and Maintenance 150
160-5775-5800 Network Support 28.99
200-6618-4310 SWMP Implementation 1302.4
260-8000-4150 Capital Outlay 23700
120-5500-3000 Department Supplies 16.26
120-5705-3000 Equipment Maintenance 317.74
120-5715-3000 Vehicle Repairs 503.82
160-2221 Monday Club Deposits 250
160-5500-5700 Department Supplies 7.15
160-5500-5800 Department Supplies 119.51
Expense Approval Report Payment Dates: 1/22/2025 - 1/22/2025 Account Summary
Account NumberAccount Name Payment Amount
110-6700-5450 Administration Fees 238
Amount
81324 01/31/2025 INDUSTRIAL ELECTRIC ARCATA INC IN52285 Equipment Maintenance Supplies - WWTP 642.09 1/31/2025 8:49:22 AM Page 1 of 6
81321 01/31/2025 HELIX LABORATORIES INC 91424 Alka Mag Supply FY 24/25 7758.46 81322 01/31/2025 HENSELL MATERIALS 660433 Sand Bags - Parks 98.33 81323 01/31/2025 HUMBOLDT WASTE MNGMNT AUTHORITY10786 Bulbs/Battery Disposal 319 81318 01/31/2025 H&S ENERGY GROUP HCL-008464.25 Car Wash Services 14 81319 01/31/2025 HARPER MOTORS 5315988 Coil Assembly - PD 156.12 81320 01/31/2025 HDL, COREN & CONE SIN046887 Property Tax Service FY 24/25 1876.24 81316 01/31/2025 GREENSHINE NEW ENERGY LLC GS20250120CF Street Light Maintenance Supplies 2474.88 81317 01/31/2025 GROCERY OUTLET 011625 Employee Luncheon Supplies 68.69 81317 01/31/2025 GROCERY OUTLET 012225 Kennel Supplies 14.09 81314 01/31/2025 GR SUNDBERG INC 24021 Concrete Demo/Maintenance 45221 81315 01/31/2025 GRAINGER 9373106757 Supplies - WWTP 381.77 81315 01/31/2025 GRAINGER 9380337593 Gaskets - WWTP 283.88 81313 01/31/2025 FREEDOM FUEL 22099 Equipment Fuel 18.54 81313 01/31/2025 FREEDOM FUEL 22131 Equipment Fuel 19.5 81313 01/31/2025 FREEDOM FUEL 22152 Equipment Fuel 36.16 81312 01/31/2025 FORTUNA ACE HARDWARE 387464 Supplies - Parks 42.6 81312 01/31/2025 FORTUNA ACE HARDWARE 387466 Lab Supplies 30.36 81313 01/31/2025 FREEDOM FUEL 21863 Equipment Fuel 42.19 81312 01/31/2025 FORTUNA ACE HARDWARE 387460 Cleaning Supplies - Parks/Library/CH 9.75 81312 01/31/2025 FORTUNA ACE HARDWARE 387461 Grease Gun Kit - WWTP 265.25 81312 01/31/2025 FORTUNA ACE HARDWARE 387464 Supplies - Parks 19.92 81312 01/31/2025 FORTUNA ACE HARDWARE 387414 Cleaning Supplies - WWTP 138.77 81312 01/31/2025 FORTUNA ACE HARDWARE 387460 Cleaning Supplies - Parks/Library/CH 44.01 81312 01/31/2025 FORTUNA ACE HARDWARE 387460 Cleaning Supplies - Parks/Library/CH 7.79 81312 01/31/2025 FORTUNA ACE HARDWARE 387214 Screw/Anchor - City Hall 10.9 81312 01/31/2025 FORTUNA ACE HARDWARE 387233 Supplies - Utilities 19.27 81312 01/31/2025 FORTUNA ACE HARDWARE 387266 Micro Torch Kit - Streets 47.28 81312 01/31/2025 FORTUNA ACE HARDWARE 386335 Cleaning Supplies/Spray Paint - Parks 31.62 81312 01/31/2025 FORTUNA ACE HARDWARE 386954 Landscaping Tools - Parks 121.48 81312 01/31/2025 FORTUNA ACE HARDWARE 387213 Grinder/Grinder Wheel - General Services 185.49 81311 01/31/2025 EUREKA OXYGEN CO A 707850 Fire Extinguishers - CDD Remodel Project 168.09 81312 01/31/2025 FORTUNA ACE HARDWARE 386295 Supplies - Utilities 29.21 81312 01/31/2025 FORTUNA ACE HARDWARE 386335 Cleaning Supplies/Spray Paint - Parks 8.67 81309 01/31/2025 DIVISION OF THE STATE ARCHITECT 123124 4th Quarter Ending 12.31.24 SB1186 -280.8 81310 01/31/2025 ECOLAB 6350440359 River Lodge Dishwasher Rental FY 24/25 143.09 81311 01/31/2025 EUREKA OXYGEN CO 503626 Stove Hood Service - River Lodge 435.54 81307 01/31/2025 DHHS MENTAL HEALTH 010825 River Lodge Deposit Refund 250 81308 01/31/2025 DINEART/MADMETALS 1161 Gateway Sign - 50% 2305.63 81309 01/31/2025 DIVISION OF THE STATE ARCHITECT 123124 4th Quarter Ending 12.31.24 SB1186 312 81305 01/31/2025 DCI BUILDERS 71479 Chimney Repair - Monday Club -3191.6 81305 01/31/2025 DCI BUILDERS 71479 Chimney Repair - Monday Club 63832 81306 01/31/2025 DEPARTMENT OF JUSTICE 791491 December BAC Analysis Service 70 81303 01/31/2025 CIRA INV-2500 Wok Comp/Liability 3500
81303 01/31/2025 CIRA INV-2500 Wok Comp/Liability 952.94 81304 01/31/2025 CODE PUBLISHING COMPANY GC00128857 Annual Web Fees - Municipal Code 830 81302 01/31/2025 BODYWORKS 020125 February Gym Memberships 40 81302 01/31/2025 BODYWORKS 020125 February Gym Memberships 20 81302 01/31/2025 BODYWORKS 020125 February Gym Memberships 40 81301 01/31/2025 BANDERA USA 15919 Plastic Pipe/Reducer - WWTP 554.37 81302 01/31/2025 BODYWORKS 020125 February Gym Memberships 20 81302 01/31/2025 BODYWORKS 020125 February Gym Memberships 100 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 1/31/2025 - 1/31/2025
Payment Number Paymnt Date Vendor Name Payable Number Description (Item) 81299 01/31/2025 APS ENVIRONMENTAL INC 40002629A Sanitary Sewer CCTV Project 147854 81300 01/31/2025 AT&T 9011 22922421 9391084093 31.53
Amount
81345 01/31/2025 PACIFIC GAS & ELECTRIC CO 01250847 06162570847 46.87 81345 01/31/2025 PACIFIC GAS & ELECTRIC CO 01253473 69711643473 1046.67 1/31/2025 8:49:22 AM Page 2 of 6
81343 01/31/2025 O'REILLY AUTOMOTIVE STORE 288310 Butane - General Services 7.58 81344 01/31/2025 PACE SUPPLY CORP 210141120 Plastic Pipe Shut Off Tool - Utilities 442.96 81344 01/31/2025 PACE SUPPLY CORP 210141120-1 Copper Shut Off Tool - Utilities 384.01 81342 01/31/2025 NORTH COAST JOURNAL 2025138615 Public Notice - Ordinance 2024-769 126 81343 01/31/2025 O'REILLY AUTOMOTIVE STORE 287344 Vehicle Repair - General Services 50.82 81343 01/31/2025 O'REILLY AUTOMOTIVE STORE 287557 Brake Drum/Axle Seal - Utilities 151.57 81341 01/31/2025 NORMAN'S DRY CLEANERS 25023-124-A River Lodge Linen Service 27 81342 01/31/2025 NORTH COAST JOURNAL 2025135787 Bridal Faire Advertising 120 81342 01/31/2025 NORTH COAST JOURNAL 2025138614 Public Notice - Ordinance 2024-772 126 81341 01/31/2025 NORMAN'S DRY CLEANERS 25016-721-A River Lodge Linen Service 222 81341 01/31/2025 NORMAN'S DRY CLEANERS 25016-721-A River Lodge Linen Service 13.2 81341 01/31/2025 NORMAN'S DRY CLEANERS 25023-124-A River Lodge Linen Service 9 81339 01/31/2025 NCL OF WISCONSIN INC 514664 Lab Supplies -46.64 81339 01/31/2025 NCL OF WISCONSIN INC 514664 Lab Supplies 662.02 81340 01/31/2025 NOR CAL GLOVES 1574589 Latex Gloves - WWTP 131.89 81336 01/31/2025 MOONLIGHT CATERING 202512 Catering - Bridal Show Mixer 325.5 81337 01/31/2025 MURPHY, MICHI 011925 Expense Reimbursement - UPS Store Copies 43.7 81338 01/31/2025 NATT, ROMALDO 010725 Per Diem 2.3 - 2.4 (PAPA Seminar) 82 81335 01/31/2025 MITCHELL 1 IB32231017 Teamwork Software FY 24/25 68.63 81335 01/31/2025 MITCHELL 1 IB32231017 Teamwork Software FY 24/25 68.63 81335 01/31/2025 MITCHELL 1 IB32231017 Teamwork Software FY 24/25 68.63 81334 01/31/2025 MISSION LINEN INDUS SERV 523153137 River Lodge Linen Service 37.13 81334 01/31/2025 MISSION LINEN INDUS SERV 523169718 Parks/Rink Linen Service 94.31 81335 01/31/2025 MITCHELL 1 IB32231017 Teamwork Software FY 24/25 68.62 81334 01/31/2025 MISSION LINEN INDUS SERV 523129475 Corp Yard Linen Service 82.37 81334 01/31/2025 MISSION LINEN INDUS SERV 523129475 Corp Yard Linen Service 62.22 81334 01/31/2025 MISSION LINEN INDUS SERV 523129476 Wastewater Linen Service 98.31 81334 01/31/2025 MISSION LINEN INDUS SERV 523109007 River Lodge Linen Service 80.16 81334 01/31/2025 MISSION LINEN INDUS SERV 523109007 River Lodge Linen Service 62.41 81334 01/31/2025 MISSION LINEN INDUS SERV 523114810 Latex Gloves - River Lodge 125.04 81333 01/31/2025 MICROBAC LABORATORIES INC 180305 Lab Testing 58 81333 01/31/2025 MICROBAC LABORATORIES INC 180345 Basin Study Lab Testing 14682 81334 01/31/2025 MISSION LINEN INDUS SERV 522976890 Hand Towels - WWTP 65.09 81333 01/31/2025 MICROBAC LABORATORIES INC 179768 Basin Study Lab Testing 15142 81333 01/31/2025 MICROBAC LABORATORIES INC 180298 Lab Testing 328 81333 01/31/2025 MICROBAC LABORATORIES INC 180298 Lab Testing 114 81331 01/31/2025 MENDES SUPPLY INC M274753 Janitorial Supplies - Recreation 108.12 81332 01/31/2025 MENDOCINO CO BLACKTAIL ASSOC 011425 River Lodge Deposit Refund 1000 81333 01/31/2025 MICROBAC LABORATORIES INC 178909 Basin Study Lab Testing 13398 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0176874 Pre-employment Physical - Minkel 43.75 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0177022 Pre-employment Physical - Minkel 553.75 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0177165 Pre-employment Physical - Finley 105 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0175887 Pre-employment Physical - McGinnis 108.9 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0175887 Pre-employment Physical - McGinnis 381.17 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0176569 Pre-employment Physical - Finley 536.25 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL 10694525 Pre-employment Physical - Jordan 1395.69 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0175887 Pre-employment Physical - McGinnis 108.9 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL A0175887 Pre-employment Physical - McGinnis 490.07 81328 01/31/2025 LEAGUE OF CALIF CITIES INV-26705-L4Z4G1 Annual Membership Dues 6944 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL 10690541 Pre-employment Physical - Finley 316.54 81329 01/31/2025 MAD RIVER COMMUNITY HOSPITAL 10691131 Pre-employment Physical - Minkel 383.38 81326 01/31/2025 KING, JERRY 013025 Per Diem 1.21 - 1.23 (CalCities Conference) 131 81327 01/31/2025 KOSMONT COMPANIES 2410.6-002 Financing District Analysis Service 5309.2 81328 01/31/2025 LEAGUE OF CALIF CITIES 1822 Membership Dues - REMIF 135 81324 01/31/2025 INDUSTRIAL ELECTRIC ARCATA INC IN52696 Cutler Hammer Starter - WWTP 610.01 81325 01/31/2025 INTERNAT'L INSTITUTE OF MUNCIPAL CLERKS 012125 Annual Membership Renewal - A Chambers 135 81326 01/31/2025 KING, JERRY 012325 Hotel Reimbursement - CalCities Conference 541.72 Expense Approval Report Payment Dates: 1/31/2025 - 1/31/2025 Payment Number Paymnt Date Vendor Name Payable Number Description (Item) 81324 01/31/2025 INDUSTRIAL ELECTRIC ARCATA INC IN52647 Bearings - WWTP 105.4 Amount
81366 01/31/2025 WOODS PEST CONTROL 1298767 City Hall Pest Services FY 24/25 88 81367 01/31/2025 DEPARTMENT OF JUSTICE 787338 December Livescan Services 479 Grand Total: 377234.65
1/31/2025 8:49:22 AM Page 3 of 6
81363 01/31/2025 TRACTOR SUPPLY CREDIT PLA 586846 Kennel Supplies 243.79 81364 01/31/2025 VWR INTERNATIONAL LLC 8818006413 Lab Supplies 314.43 81365 01/31/2025 WILDWOOD SAW 39514 Weed Whacker Repair - Parks 44.58 81361 01/31/2025 THE PEOPLE OF NEW DIRECTIONS 3851 Transient Camp Clean-up 800 81362 01/31/2025 TOWN, JESSE 010725 Per Diem 2.3 - 2.4 (PAPA Seminar) 82 81363 01/31/2025 TRACTOR SUPPLY CREDIT PLA 586136 Kennel Supplies 18.3 81360 01/31/2025 THATCHER COMPANY INC 2025250900059 Chemical Deposit Refund -4250 81360 01/31/2025 THATCHER COMPANY INC 2025400100236 Ammonia 5036.19 81361 01/31/2025 THE PEOPLE OF NEW DIRECTIONS 3846 Transient Camp Clean-up 1790 81360 01/31/2025 THATCHER COMPANY INC 2025250100311 Chemicals 3927.93 81360 01/31/2025 THATCHER COMPANY INC 2025250100311 Chemicals 3425 81360 01/31/2025 THATCHER COMPANY INC 2025250100311 Chemicals 9729.37 81357 01/31/2025 SUNBELT RENTALS INC 163290209 Carpet Cleaner Rental - CH 57.61 81358 01/31/2025 SYMBOLARTS 517139 Badge Refurbish Service 85.96 81359 01/31/2025 TAYLOR MADE FENCING 18911 Horse-shoe Pit Gate Installation 1982 81354 01/31/2025 STATE BOARD OF EQUALIZATION 123124 4th Quarter 2024 Sales Tax 1494 81355 01/31/2025 STEVENS, DENNIS 011525 Per Diem 2.3 - 2.14 (ICI Narcotics Investigation) 1073 81356 01/31/2025 STEVENS, HEATHER 012425 Expense Reimbursement - Library Lunch 12 81354 01/31/2025 STATE BOARD OF EQUALIZATION 12312024 4th Quarter 2024 Sales Tax 5 81354 01/31/2025 STATE BOARD OF EQUALIZATION 12312024 4th Quarter 2024 Sales Tax 137 81354 01/31/2025 STATE BOARD OF EQUALIZATION 12312024 4th Quarter 2024 Sales Tax 35 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650496577 Office Supplies - CM/City Clerk/CH 65.13 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650496577 Office Supplies - CM/City Clerk/CH 26.03 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650496577 Office Supplies - CM/City Clerk/CH 38.33 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650018409 Check Boxes - Returned (Wrong Size) 84.59 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650018409C Credit Check Box Return -84.59 81353 01/31/2025 STAPLES BUSINESS CREDIT 7650476013 Banker Check Boxes - Finance 71.13 81351 01/31/2025 RON DUPRATT FORD 47191 Gaskets - PD 33.93 81352 01/31/2025 SMOKING ACES HORSE ASSOCIATION 010325 River Lodge Deposit Refund 250 81353 01/31/2025 STAPLES BUSINESS CREDIT 7646678243-0 Printer Ink - Engineering 223.41 81350 01/31/2025 RODRIGUEZ, IRIS 010325 River Lodge Deposit Refund Less Cleaning Fee -200 81351 01/31/2025 RON DUPRATT FORD 47048 Coil Assembly/Sensor - PD 627.68 81351 01/31/2025 RON DUPRATT FORD 47134 Coil Assembly/Spark Plug - PD 392.48 81348 01/31/2025 RECOLOGY EEL RIVER 707527 Debris Disposal 320 81349 01/31/2025 REMIF INV-005956 WC Legacy Deductible 1401.38 81350 01/31/2025 RODRIGUEZ, IRIS 010325 River Lodge Deposit Refund Less Cleaning Fee 250 81348 01/31/2025 RECOLOGY EEL RIVER 702524 Debris Disposal 16 81348 01/31/2025 RECOLOGY EEL RIVER 707495 Debris Disposal 217.6 81348 01/31/2025 RECOLOGY EEL RIVER 707524 Debris Disposal 252.8 Payment Number Paymnt Date Vendor Name Payable Number Description (Item) 81346 01/31/2025 PLATT ELECTRIC SUPPLY 5V99998 Bulbs - Streets 14.45 81347 01/31/2025 RAY'S FOOD PLACE 1729524 Employee Luncheon Supplies 81.49 Expense Approval Report Payment Dates: 1/31/2025 - 1/31/2025 100-6505-2000 Utility - General & Electric 1093.54
100-6600-2000 State Fees 70
100-6625-2000 Livescan Fees 479
100-7000-1000 Travel, Conferences & Training 672.72
1/31/2025 8:49:22 AM Page 4 of 6
100-6025-2000 Professional Services 85.96
100-6025-3200 Professional Services 5309.2
100-6035-2000 Personnel Services 1395.69
100-6200-2000 Telephone 31.53
100-6225-1400 Codification Misc 830
100-6305-3200 Publication Expense 252
100-5740-1500 Building Repair and Maintenance 98.9
100-5743-5450 Pavilion Maintenance 42.6
100-5900-4100 Tools & Small Equipment 185.49
100-5900-5450 Tools & Small Equipment 121.48
100-6015-9127 General Contracting 63832
100-6025-1400 Professional Services 1876.24
100-5500-9377 Department Supplies 168.09
100-5505-5450 Vehicle Fuel & Oil 116.39
100-5565-5450 Janitorial Supplies 145.85
100-5705-5450 Equipment Maintenance 44.58
100-5715-2000 Vehicle Repairs 1224.21
100-5715-4100 Vehicle Repairs 58.4
100-5500-1500 Department Supplies 139.95
100-5500-2800 Department Supplies 276.18
100-5500-4000 Department Supplies 223.41
100-5500-4100 Department Supplies 98.37
100-5500-5450 Department Supplies 2096.79
100-5500-5500 Department Supplies 9.75
100-5265-1200 Miscellaneous Benefits 20
100-5265-2000 Miscellaneous Benefits 100
100-5265-5400 Miscellaneous Benefits 40
100-5500-1100 Department Supplies 65.13
100-5500-1150 Department Supplies 26.03
100-5500-1200 Department Supplies 71.13
Grand Total: 377234.7
Account Summary
Account NumberAccount Name Payment Amount
100-1600 Prepaid Liability & Property INS 3500
100-1660 Prepaid Workers Compensation 2354.32
100-2030 Retention Payable -3191.6
100-2460 Sales Tax Payable 1452.36
210 - Solid Waste Fund 319
275 - RSTP Fund 45221
280 - Gas Tax Fund 2556.61
350 - Capital Projects Fund 2305.63
500 - Water Fund 7413.77
510 - Water Capital Fund 554.37
550 - Wastewater Fund 24797.99
560 - Wastewater Capital Fund 191076
590 - TDA Transit Fund 1938.67
Expense Approval Report Payment Dates: 1/31/2025 - 1/31/2025 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 94274.24
101 - Transaction and Use Tax Fund 2590
125 - ADA Compliance Fund 31.2
160 - Riverlodge Fund 3330.77
165 - Museum Exhibit Fund 35
200 - Storm Drainage Fund 790.4
Project Account Summary
Project Account Key Payment Amount
**None** 377234.7
1/31/2025 8:49:22 AM Page 5 of 6
550-6045-6600 Laboratory Services 172
550-7015-6600 Dues & Subscriptions 68.63
560-5500-0171 Department Supplies 43222
560-6015-9122 General Contracting 147854
590-6035-5000 Personnel Services 1938.67
Grand Total: 377234.7
550-5500-6600 Department Supplies 815.83
550-5555-6600 Plant Chemicals 22524.02
550-5557-6600 Lab Supplies 1006.81
550-5720-6600 Equipment Repair 389.28
550-5900-6600 Tools & Small Equipment 265.25
550-6035-6500 Personnel Services 381.17
500-6035-6100 Personnel Services 490.07
500-6035-6200 Personnel Services 108.9
500-6045-6000 Laboratory Services 328
500-7015-6000 Dues & Subscriptions 68.63
510-5500-9370 Department Supplies 554.37
550-1310 Chemical Tank Deposits -825
500-5500-6100 Department Supplies 110.7
500-5555-6000 Plant Chemicals 3927.93
500-5715-6100 Vehicle Repairs 151.57
500-5720-6000 Equipment Repair 1252.1
500-5900-6100 Tools & Small Equipment 826.97
500-6035-6000 Personnel Services 108.9
275-6015-9073 General Contracting 45221
280-5265-4200 Miscellaneous Benefits 20
280-5720-4200 Equipment Repair 14.45
280-5726-4200 Street Light Maintenance 2522.16
350-5500-9128 Department Supplies 2305.63
500-5265-6100 Miscellaneous Benefits 40
160-5571-5800 Bridal Faire 489.2
160-5705-5800 Equipment Maintenance 435.54
160-5706-5800 Equipment Lease 143.09
165-4340 Museum Revenue 35
200-6618-4310 SWMP Implementation 790.4
210-5735-5300 Janitorial Services - HHW 319
125-4081 SB 1186 Disability Access -280.8
160-2222 River Lodge Deposits 1750
160-4330 River Lodge Rental Fees -200
160-4334 River Lodge Catering Services 137
160-5547-5800 User Group Linen 311.16
160-5565-5800 Janitorial Supplies 264.78
100-7015-2000 Dues & Subscriptions 68.62
100-7015-4100 Dues & Subscriptions 68.63
100-7230-5400 Skating Program 108.12
100-7612-1100 Contingency 162.18
101-6025-2000 Professional Services 2590
125-2470 SB 1186 State Architect 312
Account Summary
Account NumberAccount Name Payment Amount
100-7000-2000 Travel, Conferences & Training 1073
100-7000-4100 Travel, Conferences & Training 82
100-7000-5450 Travel, Conferences & Training 82
100-7015-1150 Dues & Subscriptions 135
100-7015-1400 Dues & Subscriptions 7079
Expense Approval Report Payment Dates: 1/31/2025 - 1/31/2025 1/31/2025 8:49:22 AM Page 6 of 6
Expense Approval Report Payment Dates: 1/31/2025 - 1/31/2025 Project Account Summary
Project Account Key Payment Amount
**None**
Grand Total: 377234.7
STAFF REPORT
City Council Consent Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Director of Public Works/City Engineer THROUGH: Amy Nilsen, City Manager
SUBJECT: Approval of Professional Services Contract Task Order for the Well 5 Replacement Project (CIP 9066)
STAFF RECOMMENDATION:
Review staff report for approval of a professional services task order for the Well 5 Replacement Project (CIP 9066).
EXECUTIVE SUMMARY:
The City has an on call contract with GHD Inc. for various professional services. Staff is requesting the use of this on call contract to perform professional design services for the Well 5 Replacement Project (CIP 9066). The well 5 replacement project began in 2019, when staff first noticed diminishing production in one of the City’s groundwater wells. In 2021 and 2022 a new well was installed, developed and tested. Although the well demonstrated good production (flow), the well itself unfortunately was too high in manganese to be fully brought online. In the subsequent years staff have worked to further develop and test the well. In late 2024 staff modified the lower portion of the well casing to block off the screened area in the lower aquifer. Pump testing and water quality testing was subsequently performed and the well exhibited both increased production potential and significantly lower manganese. With this finding, staff are confident in advancing the design portion of the project that would lead to a bid-ready construction plans and specifications.
The next phase of the Well 5 project will include the design of the wellhead and pump, flow monitoring and instrumentation systems, well building, yard piping, and electrical layout. The current design schedule would have the final design completed by July, with project bidding immediately to follow. GHD’s scope of services and fee is included as Attachment A. Currently staff propose to award the ‘Project Total without Optional Tasks’, as shown in the scope of work.
FINANCIAL IMPACT:
This project is in the City’s Capital Improvement Program and currently has a fiscal year 2024/25 funding amount of $300,000, which is budgeted from Water Capital Reserve Fund 510. As shown in GHD’s scope of work and fee included in Attachment A, the cost for the next phase of design is $174,031. The first design deliverable that will include an Engineers Estimate of Cost for construction will be delivered to the City in April. Once the City better understands the construction costs for the project, appropriate budget to complete construction will be recommended in the 2025/26 Capital Improvement Program and Budget.
Consent Item 4c
Consent Item 5c
RECOMMENDED COUNCIL ACTION:
Receive Staff Report. Consent Agenda vote.
Attachments:
• Attachment A – GHD scope of services
718 Third Street,
Eureka, California 95501
United States
Ghd.com
The Power of Commitment
GHD
Our ref: 12559007
January 06, 2025
Brendan Byrd
City Of Fortuna
P.O. Box 545
Fortuna, CA, 95540-0545
Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment
Dear Brendan Byrd:
GHD is pleased to provide this proposal for professional engineering services for the design to integrate Well 5B into the City’s Water System and an assessment to identify potential system component upgrades.
Introduction
This proposal is provided with the understanding that the City of Fortuna desires to have Well 5B integrated into the City Water System, including the SCADA system, and are also interested in other potential system upgrades such as installation of flow meters and transducers for each of the City’s wells and other SCADA improvements. This proposal includes the tasks necessary to accomplish these objectives, including development of the civil and mechanical design, electrical design, construction specifications, regulatory support, bid period services, and an assessment to evaluate potential for the other system component upgrades. Each of these primary tasks are described in further detail in the following sections.
Background
Following Well 5B installation in December 2021, the limited Title 22 water quality testing results within new Well 5B were found to be generally very good. However, the Manganese results were elevated, and substantially higher than the Division of Drinking Water (DDW) primary and secondary maximum contaminant limits (MCLs and SMCLs) for Manganese in community water systems. In 2023, DDW initiated plans for a further reduction of the MCLs for Manganese by more than half the previous reduced limits, resulting in limits of 200 parts per billion (ppb) and 50 ppb, respectively.
In 2022 at the request of the City, GHD performed an Alternatives Analysis for Manganese and Iron removal via treatment options and blending that would treat to the established regulatory limits. It was found that blending with other wells was not an option at the time and anticipated MCLs for Manganese and the costs of treating for Manganese were prohibitive for treatment.
In 2023 a third option was identified, which was to isolate the higher and lower screened intervals, which are screened in different geologic units. The higher screened interval is placed within younger alluvium deposits and the lower screened interval is placed within the Carlotta Formation. Initially, it was proposed that a packer be installed between the upper and lower screened intervals to eliminate groundwater input from the Carlotta Formation (lower screened interval), which is anticipated to be the geologic unit producing the higher level of Manganese. Installation of a packer would allow the lower portion of the well to be reopened should more feasible treatment or blending options become available in the future. 12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 2 In 2024 the modifications were made to Well 5B to isolate the upper and lower zones. Due to supply issues a packer was not available for this work. Therefore, another solution was identified to isolate the screened intervals and that can be reversed in the future should the City want to pull from both screened intervals again.
The modification included filling the lower portion of the well with sand and pea gravel and then placing a neat cement plug between the two screened intervals. A 36-hour purge was completed at a steady flow to try and flush the area of influence around Well 5B. Following the purge, an 8-hour step-drawdown pump test was completed, and analytical samples were collected to evaluate manganese concentrations.
The 8-hour pump test showed that Well 5B can be pumped in the 450-500 gpm range without cascading the screens while the other City wells are concurrently pumping. There is potential that the well could provide a higher capacity without cascading screens, however the most recent pump test did not pump above this range.
The objective of installing Well 5B was to replace the current Well 5, which has lower capacity. A portion of the work proposed within this scope will be to compare the cost of installing a well pump that has a variable flow drive versus a single drive. There is potential that a pump with variable flow can be operated within in a range that would offer the City higher efficiency (450-500 gpm) for most pumping needs but also offer higher capacity (600+ gpm) should the City need it for shorter durations of time.
The laboratory analytical data showed significant improvement in manganese concentrations; however, concentrations remain above the MCL (recent reading = 300 ug/l; MCL = 50 ug/L). Well 5B modifications were completed in fall 2024 and the City plans to test again following the wet season and associated higher groundwater flows that may offer additional flushing surrounding Well 5B.
Professional Engineering Scope of Services
The following tasks have been identified to meet project objectives:
– Task 1 – Project Management: Includes project coordination with the City, completing monthly invoicing, managing the project teams, and tracking project progress. – Task 2 – System Upgrades Assessment: This Includes evaluating pump options for Well 5B and doing an assessment for other potential system upgrades. The pump assessment will include an evaluation of the efficiency and cost of installing a variable drive pump. The assessment for system upgrades includes a field visit and coordination with the City to evaluate flow meters and transducers for the other City wells and potential improvements that can be made to the overall SCADA instrumentation and integration. – Task 3 - Civil and Mechanical Design: This task includes design for Well 5B components, design for realignment of the other City well piping connections, and Optional Task 3a. The Well 5B design includes the Well 5B pump, pump house, building slab, connection piping, site grading, and decommissioning and conversion of the original Well 5. The design for realignment of the other City well piping connections includes changing the well transmission pipes such that each well will feed directly into the Treatment unit.
This task will include the design sheets, construction specifications, and Engineers Opinion of Probable Construction Cost (EOPCC). This task also includes Optional Task 3a. Optional Task 3a includes design of the potential upgrades for the other City wells that will be evaluated and recommended under Task 2 (i.e., flow meters and transducers).
– Task 4 – Electrical Design: The electrical design includes the Well 5B electrical design and Optional Task 4a design. The Well 5B electrical design includes the pump motor, pump starter, pump controller, well house electrical, Well 5B SCADA instrumentation, Well 5B SCADA integration. This task will include preparation of the Well 5B electrical design sheets, construction specifications, and EOPCC. Optional Task 4a includes design of the overall SCADA system upgrades that will be evaluated and recommended under Task 2.
– Task 5 – Bid Period Services: Includes preparation of the bid package, bid advertisement, coordination of the pre-bid site walk, hosting of the bid opening, and coordination with the City for bid selection. – Task 6 – Regulatory Support: Includes communication with regulators and Eel River Basin GSA and preparation of the permits necessary to utilize Well 5B as a supply well. 12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 3 Task 1 – Project Management
This task includes close collaboration and communication with the City of Fortuna, completing monthly invoicing, management of project technical teams, and tracking of project progress. It is assumed that outside of regular project email communications, there will be a 1-hour Kickoff Meeting with GHD and the City and GHD will meet with the City two times to review and discuss deliverables at each primary design stage (60% and 100%). Three additional meetings are incorporated to discuss other tasks such as bid period services planning, regulatory support, and system component upgrade discussions.
Task 1 Deliverables
1. Invoices and progress information via email.
2. 1, 1-hr Kickoff Meeting.
3. 2, 1-hour design review meetings.
4. Up to 3 additional 1-hour meetings that may be utilized for bid period services planning, regulatory support discussions, and system component upgrade discussions.
Task 1 Assumptions:
1. Invoices will be delivered via electronic format.
2. Each meeting may include the GHD project manager, task technical lead, and engineer of record.
Task 2 – System Upgrades Assessment
This task includes evaluating pump options for Well 5B and doing an assessment for other system upgrades for the wells and the SCADA system.
The Well 5B pump assessment will include an evaluation of the efficiency and cost of installing a variable drive pump. There is potential that a pump with variable flow drive can be operated within in a range that would offer the City higher efficiency (450-500 gpm) for most pumping needs but also offer higher capacity (600+gmp) should the City need it for shorter durations of time.
The system upgrades assessment will evaluate upgrades to the other City wells and to the overall SCADA system and will include a site visit with the City. The City has identified that some of the groundwater wells are showing decline, however with the current monitoring capabilities it is difficult to track the decline through time to evaluate the severity. Therefore, the upgrades assessment will provide recommendations for well flow meters, transducers, and upgrades to SCADA system instrumentation and integration.
Task 2 Deliverables:
1. Final Technical Memorandum with recommendations for Well 5B pump, well flow meters, well transducers, SCADA system instrumentation upgrades, and SCADA system integration upgrades.
Task 2 Assumptions:
1. Deliverable will be in electronic format.
2. Does not include design of the potential system upgrades. See Optional Task 3a for well flow meter and transducer design and Optional Task 4a for SCADA system upgrades. 12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 4 Task 3 – Civil and Mechanical Design
This task includes design for Well 5B components, design for realignment of the other City well piping connections, and Optional Task 3a.
The Well 5B design includes the Well 5B pump, pump house, building slab, connection piping, site grading, and decommissioning and conversion of the original Well 5. Building design will follow the City’s building standards and the building code minimum values will be used for foundation design. The design for realignment of the other City well piping connections will change the water transmission pipe from each well so that it has a direct connection to the treatment unit. There will then be parallel flow from each well into the treatment unit, instead of combined flow into the treatment unit. This task will include the design sheets, civil and mechanical construction specifications, and Engineers Opinion of Probable Construction Cost (EOPCC). GHD will prepare 60% and 100% design plans, specifications, and EOPCC for City review.
This task also includes Optional Task 3a. Optional Task 3a includes design of the potential upgrades for the other City wells that will be evaluated and recommended under Task 2 (i.e., flow meters and transducers). If the City chooses to add Optional Task 3a then the design sheets, specifications, and EOPCC will be incorporated into the 100% deliverables for Task 3.
The following design sheets are proposed for the civil and mechanical design.
Well 5B Design and Well Piping Realignment:
– Cover (1 sheet)
– Notes (1 sheet)
– Well 5B pump (1 sheet)
– Well 5B piping diagram and fittings table (2 sheets)
– Well 5B building (4 sheets)
– Well 5B building slab/footings/pedestal (2 sheets)
– Well 5B building structural components (2 sheets)
– Original Well 5 decommissioning (1 sheet)
– Well 1, 2, and 4 piping realignment to treatment unit (3 sheets) – Well 1, 2, and 4 piping diagram and fittings table (4 sheets) – Well 1, 2, and 4 piping connection to treatment unit details (2 sheets) – Site grading (1 sheet)
Optional Task 3a:
– Well 1, 2, and 4 flow meters (3 sheets)
– Transducer Installation detail (1 sheet)
Task 3 Deliverables:
1. Design plans, specifications, and EOPCC – 60%.
2. Design plans, specifications, and EOPCC – 100%.
If elected:
3. Optional Task 3a Design plans, specifications, and EOPCC – 100%.
Task 3 Assumptions:
1. Building design will follow the City’s standards, which are assumed to be the California Building and Electrical Codes.
12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 5
2. Footings and foundation design will assume the building code minimum values and no geotechnical investigation will be needed.
3. All deliverables will be in electronic format.
4. Well 5 decommissioning will satisfy permit conditions for well replacement/abandonment.
5. City review will occur at each major design stage.
Task 4 – Electrical Design
The electrical design includes the Well 5B electrical design and Optional Task 4a design.
The Well 5B electrical design includes the pump motor, pump starter, pump controller, pump house electrical, SCADA instrumentation, SCADA integration, and preparation of the electrical component’s construction specifications and EOPCC. GHD will prepare 60% and 100% design plans, specifications, and cost estimate for City review that will be delivered with the civil and mechanical design sheets.
Optional Task 4a includes the design for the overall SCADA system upgrades that will be evaluated in Task 2.
This includes 60% and 100% SCADA design plans, integration, specifications, and cost estimate for the overall system upgrades. It is proposed within the schedule included below, that Task 2 deliverables will be completed prior to the 60% electrical design so that there is time to design Well 5B SCADA to be integrated into any new SCADA system upgrades that are elected.
The following design sheets are proposed for the electrical design.
Well 5B electrical design:
– Well pump tie-in to existing electrical system (1 sheet) – Well pump 1-line diagram / well pump starter control diagram (1 sheet) – Well house electrical tie-in (2 sheets)
– Well 5B SCADA instrumentation (1 sheet)
– Well 5B SCADA integration (1 sheet)
Optional Task 4a:
– Overall SCADA System instrumentation upgrades (4 sheets) – Overall SCADA System integration upgrades (2 sheets)
Task 4 Deliverables:
1. Well 5B electrical plans, specifications, and estimate – 60%.
2. Well 5B electrical plans, specifications, and estimate – 100%.
If elected:
3. Optional Task 4a SCADA plans, specifications, and estimate – 60%.
4. Optional Task 4a SCADA plans, specifications, and estimate – 100%.
Task 4 Assumptions:
1. Electrical design deliverables will be delivered with the civil and mechanical deliverables.
2. All deliverables will be in electronic format.
3. City review will occur at each major design stage.
4. Electrical design will follow the City’s standards, which are assumed to be the California Building and Electrical Codes.
12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 6 Task 5 – Bid Period Services
GHD will provide the following bid period services:
– Compile bid package and front-end contract documents. – Prepare Advertisement for Bid
– Provide bid documents in electronic format to Builder’s Exchanges for distribution to contractors – Issue Addenda in electronic format to Builder’s Exchanges as warranted during bidding to address written Contractor questions submitted as well as other project clarifications. – Plan and conduct a pre-bid site meeting
– Plan and participate in bid opening
– Review Contractor bids
– Review the apparent low bid Contractor provided bonds and insurance – Prepare recommendation for award and work with the District on preparing the contract documents for Board approval and execution
Task 5 Deliverables:
1. Advertisement for Bid.
2. Addenda (up to 5).
3. Notice of Award.
4. Contract Documents.
5. Notice to Proceed.
Task 5 Assumptions:
1. All deliverables will be in electronic format.
2. Does not include redesign of project elements during bidding.
3. The City’s will provide the front-end document template.
4. The City’s legal counsel will review and approve the final contract documents.
5. City to post advertisement for bid in local publication.
6. All fees to be paid directly by the City.
Task 6 – Regulatory Support
Prior to installation of Well 5B a CEQA Categorical Exemption (CE) was filed for the project. The project filed as a CEQA CE because Well 5B is a replacement to the original Well 5, as Well 5 capacity has decrease through time. This task is to provide documentation of Well 5 decommissioning to satisfy the CEQA CE on file. This task is also for coordinating with local and State regulators to ensure that they receive the documentation required to have Well 5B incorporated into the City’s system, including copies of the CEQA CE, Humboldt County Environmental Health Well Permit, and the Department of Water Resources Well Completion Report and Modified Well Completion Report. This task also covers coordination with the Eel River Groundwater Sustainability Agency.
Task 6 Deliverables:
1. Permit package delivered to required agencies via electronic format.
Task 6 Assumptions:
1. The CEQA CE filed prior to Well 5B installation still applies to project. 12559007 | Proposal for Professional Engineering Services: Well 5B System Tie-In Design and System Component Upgrades Assessment 7
2. No City or County grading or building permits will be required.
3. This property is mapped as being outside of the Coastal Zone and therefore no Coastal Development Permit will be required.
GENERAL EXCLUSIONS AND ASSUMPTIONS
This scope of services is based on the tasks described above which are anticipated for the project. The City may need additional services during the process of the project due to increased regulatory issues, unusual public interest, and additional issues identified during the project.
This proposal is based on the following assumptions:
– This scope does not include anything not specifically described above. – The scope does not include construction oversight or management tasks. GHD is happy to provide a scope and fee for construction management following design development. – The scope of services does not include payment of any fees for applications or permits, or newspaper advertisement/notification fees.
– The scope of services does not include any design changes following the completion of the 100% design submittal.
– The City will complete their review of the plans and prepare any comments they have in a timely manner and will deliver one set of rectified comments to GHD following review.
Proposed Schedule
Table 1 Schedule by Task and Milestone.
Task Deliverable Tentative Date
Task 1 – Project Management Project Closeout September 1, 2025 Task 2 – System Upgrades Assessment Final Technical Memorandum March 24, 2025 Task 3 – Civil and Mechanical Design 60% Deliverables April 30, 2025 100% Deliverables June 15, 2025
Task 4 – Electrical Design 60% Deliverables April 30, 2025 100% Deliverables June 15, 2025
Task 5 – Bid Documents Advertise for Bid July 1, 2025
Bid Opening August 1, 2025
Task 6 – Regulatory Support Environmental Documentation and Permits Complete June 15, 2024
718 Third Street,
Eureka, California 95501
United States
Ghd.com
The Power of Commitment
GHD
Compensation
Table 2 Proposed Project Budget.
Task Fee
Task 1 – Project Management $16,854
Task 2 – System Upgrades Assessment $23,914
Task 3 – Civil and Mechanical Design
Task 3 $85,309
Optional Task 3a $18,698
Total (with Optional Task) $104,007
Task 4 – Electrical Design
Task 4 $16,790
Optional Task 4a $16,027
Total (with Optional Task) $32,818
Task 5 – Bid Documents $21,497
Task 6 – Regulatory Support $9,667
Totals
Project Total (with Optional Tasks) $208,756
Project Total (without Optional Tasks) $174,031
Brett Vivyan, PE
Project Direct/Engineer
[email protected]
Regards
Mindi Dunne, PG
Project Manager/Geologist
[email protected]
Copy to: Patrick Sullivan
Consent Item 4d
STAFF REPORT
City Council Consent Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Director of Public Works/City Engineer THROUGH: Amy Nilsen, City Manager
SUBJECT: Approval of Professional Services Contract Task Order for the Downtown Waterline Replacement and Rohner Creek Sewer Capacity Project (CIP 9108 & 9976)
STAFF RECOMMENDATION:
Review staff report for approval of a professional services task order for the Downtown Waterline Replacement and Rohner Creek Sewer Capacity Project (CIP 9108 & 9976).
EXECUTIVE SUMMARY:
The City has an on call contract with GHD Inc. for various professional services. Staff is requesting the use of this on call contract to perform professional design services for the Downtown Waterline Replacement and Rohner Creek Sewer Capacity Project (CIP 9108 & 9976). This project will include capacity and pipe material upgrades to the water and sewer lines located in the downtown area, currently bound by 12th Street to the east, I Street to the south, L Street to the north, and 9th Street to the west. The project will also include a capacity upgrade to the City’s sanitary sewer main, beginning at Loni drive near Highway 101, and ending along Rohner Creek near South 15th Street. This project is intended to provide enough capacity to eliminate the City’s risk of Sanitary Sewer Overlfows (SSOs) in the area, reduce overall inflow and infiltration into the City’s sewer system, and provide for adequate water supply capabilities (including fire flow) to the downtown neighborhoods.
Staff were originally working with GHD to develop a scope that would include bid-ready plans, specifications, and estimatesfor the project. However, after some initial scoping meetings it became clear that some pre-design activities would be required in order to better define the project limits.
With that, GHD provided the scope that is included in Attachment A. With this scope, GHD will perform all of the preliminary work for the project, including:
• Topographic survey support;
• Sanitary sewer and water system capacity modelling to determine pipe sizes and slopes, and project extents;
• Review of recent sanitary sewer CCTV data to determine recommended construction methods (i.e. sanitary sewer lining or dig and replace); • All environmental studies along Rohner Creek to support the future permit applications; and • Engineers estimates of construction costs.
Consent Item 5d
Following the completion of this phase of work, the City will be ready to work with GHD to develop a scope for final design for the project, which will include bid-ready plans, specifications, and engineers estimates of cost. Staff anticipate being able to move forward with the engineering design portion of the work beginning in the early summer. Staff anticipate this project will go to construction in the summer of 2026.
FINANCIAL IMPACT:
This project is in the City’s Capital Improvement Program and currently has a combined fiscal year 2024/25 funding amount of $360,000 for design, which is budgeted from Water Capital Reserve Fund 510 and Sewer Reserve fund 560. As shown in GHD’s scope of work and fee included in Attachment A, the cost for the next phase of design is $74,000.
RECOMMENDED COUNCIL ACTION:
Receive Staff Report. Consent Agenda vote.
Attachments:
• Attachment A – GHD scope of services
GHD
718 Third Street,
Eureka, California 95501
Our ref: 12559007
January 6, 2025
Brendan Byrd, City Engineer
City of Fortuna
180 Dinsmore Drive
Fortuna, CA 95540
RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis Dear Brendan,
Thank you for providing GHD with the opportunity to assist the City of Fortuna with this important infrastructure project. GHD understands the City’s desire to perform water and sewer upgrades within the area generally bound by 9th, 12th, I, and L Streets, referred to hereinafter as the “project core area.” Additionally, the City desires to perform sewer capacity upgrades in the following areas:
– Loni Drive west of 12th Street.
– 12th Street between I Street and Rohner Creek.
– A section along Rohner Creek east of 12th Street.
– Randolph Way between Rohner Creek and Newburg Road.
The project core and sewer capacity upgrade areas are shown in the attached figure and outlined in black and green, respectively.
The work required to allow for construction will be completed in multiple phases. The work completed under this scope will constitute the Conceptual Analysis phase of the project and will be limited to the tasks provided herein. The next phase of work will be completed under a separate scope(s) and will include preliminary engineering design, additional environmental permitting and documentation that may be required, final engineering design, bid assistance, construction management, and other tasks that may be identified as a part of this first phase of work.
GHD has provided a scope, schedule, and budget for services related to this first Conceptual Analysis phase of the project in the following sections.
1. Task 1 – Project Management and Topographic Survey
Coordination
1.1 Project Management
Project management tasks will be limited to the following:
– Setting up the project in GHD’s accounting system.
– Preparing, reviewing, and distributing monthly invoices. – Budget and schedule management and coordination.
12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 2 – Team management and coordination.
– Kick-off meeting with the City to review project scope and schedule, discuss City preferences for planned improvements, collect information, and confirm lines of communication. – Virtual meetings with pertinent City staff to discuss work progress, schedule, and budget. GHD has budgeted for two coordination meetings in addition to the kick-off meeting. – Additional communication and coordination with City staff and GHD internal staff that is otherwise unrelated to specific tasks as outlined in the following sections of this document. • This will include regular communication with the City’s project manager to update the City on work performed and coordinate project activities.
1.2 Topographic Survey Coordination
Topographic survey information will be beneficial for informing the conceptual engineering analysis and will be necessary for performing the engineering design that will be completed under a subsequent scope. Given that, it is recommended that the City contract directly with a surveyor to perform surveying services during this first phase of the project. GHD will provide the City with the information that a surveyor will require to develop a proposal, including survey extents and level of detail required. Additionally, GHD will coordinate with the selected surveyor and be available for consultations to facilitate execution of the survey work.
Task 1 Assumptions
– GHD attendees at project coordination calls will be limited to the project manager, project engineer, and staff engineer.
– Additional regular communication to update the City on work performed and coordinate project activities will be limited to an average of one hour per month for the GHD project manager. – The City will contract directly with a surveyor to perform the required surveying work. – Access onto private property may be required for the topographic survey near Rohner Creek. The City and/or their surveyor will coordinate access with landowners, and coordination effort for access will not be required by GHD. The City will concurrently obtain property access for the environmental studies described in Task 3.
Task 1 Deliverables
– Monthly invoices in PDF format.
– Request for information issued to the City prior to the kick-off meeting in PDF format. – Meeting agendas and minutes in PDF format.
– Map showing survey extents in PDF format.
2. Task 2 – Engineering Conceptual Analysis
Task 2 will consist of an engineering conceptual analysis and related work that will be used to determine the scope and extents of the project and recommended construction methods. The following sub-tasks will aid in these determinations and provide additional information to be used for developing a strategy for advancing the project in subsequent phases.
2.1 Review of Available Documentation and CCTV Footage
GHD will review available documentation, including GIS data, record drawings (if available), the recent Sewer System Master Plan Updates document, available geotechnical information, and other available data to gain a 12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 3 better understanding of the systems in place and potential deficiencies of the current systems. GHD will then compile a data request to the City for additional useful information.
GHD understands the City has recently performed closed-circuit television (CCTV) video inspection of the sewer mains within the project core area. GHD will review the CCTV data to determine the current condition of the sewer mains and assess the feasibility of rehabilitating the sewer mains using cured-in-place-pipe (CIPP) lining methods.
2.2 Conceptual Analysis
After reviewing available information related to the project, GHD will perform an analysis to more precisely define the project and devise a strategy for implementation. The analysis will include several components that are identified below.
2.2.1 Determination of Project Extents
While the extents of the project have already been defined at a general level, a more detailed assessment is required to refine the limits of the project. With input from City staff, GHD will characterize the extents of the project in the context of overall capital improvement plan implementation to include all items of work that would be practical to include as a part of this project from both budgeting and efficiency standpoints.
2.2.2 Water Model Updates
Several of the water mains in the project core area are two inches in diameter. Because these water mains are being replaced, it is prudent to upsize them to provide sufficient fire flow throughout the project core area. GHD will perform an analysis using the City’s existing EPANET water model to determine sufficient water main sizes within the project core area for meeting fire flow requirements.
2.2.3 Determination of Appropriate Construction Methods There are several construction methods that could be viable for the various portions of the project. GHD staff will perform one construction feasibility site walk with City staff to orient with the site and determine the feasibility of various construction methods. Construction methods that will be considered are limited to the following:
• Water in the project core area
– Abandoning existing water mains in place and installing new parallel mains via open cut trenching.
– Removal and direct replacement of existing water mains via open cut trenching and installation of a temporary high line.
– Pipe bursting and installation of a temporary high line. • Sewer in the project core area
– CIPP lining
– Dig and replace
– Pipe bursting
• Sewer capacity upgrades outside the project core area – Dig and replace
– Pipe bursting
GHD will analyze construction methods sufficient for determining feasibility and applicability. Relative costs of each method will be considered at a high level, but a detailed opinion of probable construction cost will only be developed for the approach that is deemed to be most applicable based on engineering judgment and input 12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 4 from City staff. Factors that will be considered in determining the most applicable approach will be limited to cost, constructability, maintenance, regulatory implications (and associated cost), and the potential requirement for additional studies and/or analyses (e.g., whether a given approach requires the preparation of a geotechnical report).
2.2.4 Opinion of Probable Construction Cost
GHD will prepare a Class 4 opinion of probable construction cost based on the project extents and construction methods that are selected.
2.2.5 Conceptual Analysis Technical Memorandum
A draft technical memorandum (TM) will be prepared that summarizes the analyses completed as described in Section 2.2. The TM will also contain an environmental section as described in more detail in Task 3. GHD will lead a one-hour review meeting to discuss the results and resolve questions/comments on the draft TM. A final TM will be prepared that addresses City review comments following the review meeting.
Task 2 Deliverables
– Draft and final TM in electronic format (draft TM in Microsoft Word format and final TM in PDF format). – Agenda and notes from the review meeting in PDF format. – Class 4 opinion of probable construction cost to be included within the TM.
Task 2 Assumptions
– GHD will not provide sewer or water capacity analyses under this scope outside of confirming that fire flow requirements are met in the project core area. Results from other analyses outside this scope will be relied upon for sewer capacity upsizing requirements.
– The City’s EPANET water model is assumed to be accurate for purposes of the analysis required for this project. GHD will not be responsible for verifying, calibrating, or otherwise updating the City’s existing model as a part of this project except for updating water main sizes and materials in the project core area. – GHD will not be responsible for verifying, calibrating, or otherwise updating the City’s existing ArcGIS water and sewer layers as a part of this project.
– Site visit requirements will be limited to one constructability site walk that will be attended by GHD’s project manager, project engineer, and staff engineer.
– The City will provide CCTV video inspection footage of the sewer mains for GHD review. – The opinion of probable construction cost that is developed will reflect GHD’s opinion (based on Class 4 standards) of what the construction cost potentially could be based on the design and bid approach presented in the TM. Actual bid results may vary significantly from GHD’s opinion of potential cost depending on conditions at the time of bidding.
– The City will verify existing pipe sizes, materials, and layout. GHD understands that the City has internally replaced pipe in the past, and that pipe replacements may not all be reflected in record drawings or in the City’s GIS data.
– The City will provide potholing data as required for verifying water main depths. GHD will not be onsite for potholing. Sewer main depths will be determined from survey data. – The City will provide one consolidated set of comments for each submittal reviewed by the City. 12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 5
3. Task 3 – Environmental Conceptual Analysis and Studies The purpose of this task is to conduct environmental special studies throughout the entire project area (as shown in the attached figure and defined above) to determine the type and quantity of environmental resources that may be adversely affected by the project and develop an approach to completing environmental compliance documentation. It is assumed that the majority of environmental resources (and thus associated effort) will occur along Rohner Creek; however, the entire project area will be surveyed and inventoried.
3.1 Wetland Delineation and Report
GHD will review available National Wetlands Inventory (NWI) data and conduct a field delineation within the project area (shown in the attached figure). All three-parameter wetlands will be delineated utilizing the U.S.
Army Corps of Engineers (USACE) Wetlands Delineation Manual (USACE 1987), and Regional Supplement to the USACE Wetland Delineation Manual: Western Mountains, Valleys and Coast Region (USACE 2010).
Vegetation and soil data will be collected at transects across the presumed wetland boundaries with two plots (upland/wetland) per transect (intermediate plots may be placed without collection of data as appropriate). Soil pits will be dug to approximately 14-18 inches. Data on soil color, texture and redoximorphic features will be collected. Data on hydrologic conditions will be collected if observed.
Vegetation data collection will consist of listing the five dominant species at each plot. The species will then be classified as to whether they are wetlands indicators, using the most current standard reference for plant wetlands indicators: National Wetland Plant List: Western Mountains, Valleys, and Coast 2012 Final Regional Wetland Plant List (Lichvar 2012). The list classifies plants based on the probability that they would be found in wetlands, ranging from Obligate (almost always in wetlands), Facultative/wet (67% to 99% in wetlands), Facultative (34% to 66% in wetlands), Facultative/up (1% to 33% in wetlands) to non-indicator (less than 1% in wetlands). Plants not listed are included in the uplands category. If 50% or greater of the dominant plant species at each plot are classified as either Obligate (OBL), Facultative/wet (FACW), or Facultative (FAC), the vegetative mix is determined to be hydrophytic (wetland plants).
A determination of the wetland boundary will be made based on soil, hydrology (if present), and vegetative parameters (three-parameter approach) and mapped with GPS and Arc software on an iPad. Wetland and upland characteristics will be determined for each transect, and data points will be collected along the wetland boundary.
The findings of the delineation (including anticipated jurisdictional status of all identified wetlands) will be compiled into a draft and final wetland delineation report, which will be submitted to the City. GHD will submit the final wetland delineation report to the USACE and North Coast Regional Water Quality Control Board on behalf of, and in coordination with the City.
3.2 Biological Resources Report
GHD will provide a Biological Resources Report (BRR) that will include a summary of biological resources within the project area and immediate vicinity (within 50 feet). Biological resources include state- and federallyregulated special status plants, sensitive natural communities (SNCs) wildlife, insects, and habitats. These investigations will compile data found during a record search of the California Natural Diversity Database/Biogeographic Information and Observation System (CNDDB/BIOS), a list of federal endangered and threatened species obtained from the USFWS and NMFS, and a California Native Plant Society (CNPS) inventory for the project area. Additionally, any available maps, databases, and literature specific to local 12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 6 ecology will be queried for biological resource data about the site. Finally, available project information and any additional information from the City pertaining to the site will be reviewed.
The BRR will include a summary of one SNC survey, and two seasonally appropriate special status plant surveys within the project area. SNCs on-site will be documented in the field and classified at the alliance level according to the Manual of California Vegetation using the Rapid Assessment method. Documented vegetation communities will be evaluated to determine whether they qualify as SNCs, which contain a California Department of Fish and Wildlife (CDFW) State Rarity ranking of 1-3. Sensitive Natural Communities will be mapped using GPS and aerial imagery. GHD will complete seasonally appropriate floristic surveys according to CDFW 2018 protocol to identify any special status plants that may occur within the project area. Potential sensitive wildlife habitat will also be assessed within the project footprint and immediately adjacent habitat (within 50 feet) to evaluate potential for species dispersal through the project area. No protocol-level surveys for wildlife are proposed at this time. Conditions on-site will be described in the BRR.
Recommendations for further actions or conservation measures to protect potential special status biological resources during project implementation will conclude the BRR. A single draft will be provided to the client for review and comment prior to finalizing the BRR.
The BRR will be used to inform the level of California Environmental Quality Act (CEQA) compliance documentation, and to determine what permits may be needed for project implementation.
3.3 Environmental Compliance Recommendation
Based upon the findings of the wetland delineation and biological special studies and project conceptual design, the recommended pathway for environmental compliance will be compiled into an Environmental Technical Memorandum (ETM). The project will need to comply with CEQA either through a Categorical Exemption or an Initial Study/Mitigated Negative Declaration, and the project may need to comply with other environmental laws such as the Clean Water Act, Porter-Cologne Water Quality Control Act, federal and state Endangered Species Act, and California Fish and Game code. It should be noted that the findings of the special studies described in Subtasks 3.1 and 3.2 and project conceptual design will determine which CEQA pathway is appropriate, and which laws and associated permits would be triggered.
Task 3 Deliverables
– Wetland Delineation Report
– Biological Resources Report
– Environmental Technical Memorandum
Task 3 Assumptions
– The entire project area will be surveyed for wetlands, rare plants, SNCs and habitat. However, the majority (if not all) of potential sensitive environmental resources will be located along Rohner Creek. – The City will coordinate access approvals to the project area, including private property along Rohner Creek.
– If portions of the project area are not accessible, GHD will assess conditions within these areas visually and/or with binoculars and will make note of this in the associated reports. 12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 7
4. Schedule
GHD is ready to begin work on this project upon receiving a signed contract from the City. The proposed schedule for key project milestones is as follows:
Table 1 Project Schedule
Event Completion Date
City Council approval of contract January 20, 2025
Execute contract January 21, 2025
City provides sewer main inspection video to GHD January 21, 2025 GHD completes review of available documentation February 4, 2025 Kick-off meeting February 6, 2025
Water model updates complete February 20, 2025
Wetland Delineation and Report April 1, 2025
Draft Conceptual Analysis TM April 3, 2025
City comments on Draft Conceptual Analysis TM April 17, 2025 Final Conceptual Analysis TM May 1, 2025
Biological Resources Report August 15, 2025
Environmental TM September 1, 2025
5. Professional Service Fee
GHD will provide the scope of services described above on a time and materials, not to exceed basis at on-call contract labor rates in place at the time of execution of the work as follows:
Table 2 Professional Service Fee
Task Fee
Task 1 – Project Management and Topographic Survey Coordination $ 8,500 Task 2 – Engineering Conceptual Analysis $ 37,600
Task 3 – Environmental Conceptual Analysis and Studies $ 27,900 Total Fee $ 74,000
The budget provided for each task is an estimate, and GHD reserves the right to reallocate budget between tasks if required.
12559007 | RE: Scope of Work for L St to Newburg Rd Water & Sewer Upgrades – Conceptual Analysis 8 We appreciate the opportunity to assist you on this project. Please do not hesitate to call me if you have any questions.
Regards,
Nathan Stevens, PE
Project Manager
(707) 267-2204
[email protected]
Copy to: Brett Vivyan, GHD
Enclosed: Figure showing project extents
12th
Main
12th Loni I St
L St
9th
PROJECT
CORE AREA Randolph Rohner Creek Newburg
SEWER CAPACITY
UPGRADES
Consent Item 4e
STAFF REPORT
City Council Consent Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Amy Nilsen, City Manager
SUBJECT: Review and Approve Mayor’s Recommendation of Appointee to the Measure E Oversight Committee and Fortuna Business Improvement District (FBID) Advisory Committee
STAFF RECOMMENDATION:
Review the applications for the Measure E Oversight Committee and the Fortuna Business Improvement District (FBID) Advisory Committee and consider approving the Mayor’s recommendation for appointment.
EXECUTIVE SUMMARY:
Measure E Oversight Committee:
Three (3) of the seven (7) seats on the Measure E Oversight Committee are vacant as of December 31, 2024.
The City received three applications:
• Tina Taylor (re-appointment)
• Kristopher Kitna
• Danette Demello
The terms of office for the Measure E Committee is one (1) two (2) year term and two (2) four (4) year terms and if approved Tina Taylors appointment will expire on December 31, 2029 (four-year term), Kristopher Kitna’s will expire on December 31, 2027 (two-year term) and Danette Demello’s will expire on December 31, 2029 (four-year term).
Fortuna Business Improvement District (FBID) Advisory Committee:
Three (3) of the Core Area representative seats are vacant as of December 31, 2024.
The City received two (2) applications:
• Marilyn Strehl (new appointment)
• Loene Gossett (new appointment)
The term of office for the FBID Advisory Committee is two (2) years and if approved will expire on December 31, 2026.
Consent Item 4e
RECOMMENDED COUNCIL ACTION:
Motion to Approve Mayors Appointments for the Measure E Oversight Committee and the Fortuna Business Improvement District (FBID) Advisory Committee. Consent Calendar vote.
ATTACHMENTS:
Board Applications:
• Tina Taylor (Measure E)
• Kristopher Kitna (Measure E)
• Danette Demello (Measure E)
• Marilyn Strehl (FBID)
• Loene Gossett (FBID)
STAFF REPORT
City Council Consent Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Siana Emmons, Human Resources Director/City Clerk THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Adopt the City of Fortuna Special Events Handbook and Authorize the Human Resources Director/Risk Manager to Amend as Required
STAFF RECOMMENDATION:
Adopt the City of Fortuna Special Events Handbook and authorize the Human Resources Director/Risk Manager to make amendments as required.
EXECUTIVE SUMMARY:
Risk Management staff drafted a Special Events Handbook as a tool for members of the public and City staff to manage the special event process seamlessly. The City is also responsible for protecting public safety, health, property and the general welfare of our community members and visitors during special events. The City hosts many annual events, and there has historically been a loose process in place by which the events are approved and implemented. Due to the vast differences between events and an increase the number of special events taking place annually, the Special Events Handbook is intended to assist event organizers as well as staff through a consistent planning and application process. In addition, a well-managed special event program can attract tourists and boost local businesses.
Risk staff worked collaboratively with Public Works, Parks and Recreation staff and Police staff, to ensure the needs of each department are met through the application process. A Special Event Handbook is crucial for a city because it will provide a standardized set of guidelines and procedures for managing large-scale events, ensuring consistency, safety and efficiency while avoiding potential disruptions to residents and businesses by clearly outlining responsibilities, permitting processes, and other necessary considerations.
FISCAL IMPACT:
The Special Event Handbook was created using a template provided by the City’s risk pool, California Intergovernmental Risk Authority (CIRA). While there is no direct financial impact associated with the approving the handbook, there are costs in terms of staff time to create and then implement the improved application process. In addition, there will be financial impacts to Risk staff who will be responsible for ongoing implementation, administration and potential revisions of the handbook. City Departments will also be financially impacted in terms of staff time to implement the guidelines set forth in the handbook.
Consent Item 4f
Consent Item 4f
RECOMMENDED COUNCIL ACTION:
Adopt e the City of Fortuna Special Event Handbook and authorize the Human Resources Director/Risk Manager to make amendments as required. Consent Agenda Vote.
ATTACHMENTS:
• City of Fortuna DRAFT Special Event Handbook
City of Fortuna
Special Event Handbook
Application ................................................................................................................. 0 Philosophy ........................................................................................................................ 1 Point of Contact................................................................................................................. 1 Do you need a permit? ....................................................................................................... 1 Special Events Permit Application Process............................................................................ 2 Event Requirements........................................................................................................... 3 Preliminary Application Review........................................................................................... 4 Helpful Tips....................................................................................................................... 4 Application Timing ............................................................................................................. 7 Special Event Permit Standards........................................................................................... 7 Appeal Process.................................................................................................................. 7 City Contacts..................................................................................................................... 8 Application ATTACHMENT “A”
City of Fortuna
Special Event Handbook
- 1 -
Philosophy
The City of Fortuna supports and welcomes special events to enhance the quality of life for our residents and to attract visitors. We recognize the many social, cultural, and financial benefits of special events and encourage them as part of life in Fortuna. Some of these benefits include economic growth, increased tourism, recreation, recognition of the arts, charitable aid, and many others that are both tangible and intangible.
The City of Fortuna is also legally charged with the responsibility to protect the safety, health, property, and general welfare of our residents and visitors. Because your event may have an impact on residents and businesses (in the form of crowd control, safety, large assembly logistics, traffic flow interruption, and noise), we must determine the terms and conditions under which an event may be approved and conducted.
The purpose of this Special Events Handbook is to help you accomplish the positive goals of your event, while minimizing any potential negative impacts on the community.
Point of Contact
The City of Fortuna wants to assist you through the permit application process. After you have read this handbook, please complete the application and return it to one of the contacts listed below. The City of Fortuna highly recommends that for special events taking place in any park facility, prior to completing the application, please check availability by calling the Parks and Recreation Office directly at 707-725-7620. The points of contact listed below will be available to facilitate your application and coordinate required permits, licenses, fees and additional facility applications.
Special Event Points of Contact (will be assigned by City after receipt of initial application) Siana Emmons HR/Risk Manager [email protected] 707-725-1409 Ashley Chambers Admin./Risk Mgmt. [email protected] 707-725-1411 Heather Stevens Parks & Recreation [email protected] 707-725-1455 Kaylyn Stainbrook Parks & Recreation [email protected] 707-725-7620 Do you need a permit?
You are required to obtain a Special Event Permit from the City of Fortuna if you plan to conduct your event on public property, and any of the following apply:
Open to the public;
Large crowds are expected (more than 100);
Public transportation or traffic patterns could be affected; There will be amplified sound; or
There will be fireworks or pyrotechnics of any kind.
City of Fortuna
Special Event Handbook
- 2 -
Livestock or non-domestic animals present i.e. cows, bulls, goats, sheep, camels, etc.
Demonstrations, protests and rallies are allowed without a Special Event Permit on public property under the following conditions:
• Protest remains peaceful;
• Amplified sound is not audible from more than 100 feet away; • Pedestrian/vehicular traffic is not interrupted;
• Streets and sidewalks are not blocked; and
• Building entrances remain open.
If any of the above guidelines are violated, the Fortuna Police Department may ask individuals to leave the premises, or take enforcement actions. For any exception to the above, a Special Event Permit is required.
Special Events Permit Application Process
The steps in the application process illustrated below are designed to inform you of community regulations and policies that will affect the proposed event. Please follow these steps to ensure the ease, safety, and success of your event.
Once all requirements have been satisfied, a permit will be issued for the event by email.
Complete and
Submit
Application
Initial City
Review and
Request for any
additional
documentation
City will assign a
point of contact
for your event
Provide
insurance &
other details
as requested
Upon approval
you will
receive a copy
of your permit
Enjoy Your
Event!
City of Fortuna
Special Event Handbook
- 3 -
Event Requirements
Special events may impact various Fortuna departments, the public, or even other agencies in the community. The following list provides examples of items that may be required in addition to your Special Event Permit. This list is for your information only based on the typical characteristics of a special event and may not completely address the requirements for your unique event. Any additional requirements will be identified by the Special Event Coordinator.
Street Closures:
Requires permission
from Police, Fire and
Public Works.
Applicants shall notify
affected residents
and businesses along the closure route at
least 15 days before event. Proof of Notice
must be submitted to your point of contact at
least 7 days before the event.
City Parks:
First, call 707-725-
7620 to check space
availability. Events
held in a park also require a facility use
application and fees to be submitted to the
City of Fortuna’s Parks & Rec. Department.
Vendor Booths:
For those events that
will be selling items, a
business license must
be obtained from the
City of Fortuna. In addition, a Temporary
Seller’s Permit is required at least 5 days
before the event is held and can be obtained
from the CA Department of Tax & Fee
Administration.
Concessions: A
Temporary Seller’s
Permit must be
obtained from the CA
Department of Tax &
Fee Administration.
Each booth operator is required to obtain and
display a permit. In addition, food handler
safety certification must be obtained from
Humboldt County Environmental Health.
Alcohol:
A liquor license and
business license may
both required if
alcohol will be
served or sold. You
may apply for a Special Daily License from our
online portal.
Festivals & Large
Events:
Requires Police and
Fire review.
Additional City
services may be
required. Any other requirements will be
determined during the permit review.
- 4 -
Preliminary Application Review
Before a permit can be issued, various City of Fortuna Departments will review key aspects of your event as explained above. Please be sure to provide as much information as possible regarding the following:
• Route for emergency vehicle access;
• Crowd management and security;
• Parade floats;
• Use of an open flame;
• Fireworks or pyrotechnics;
• Use of electricity or generators;
• Requested use of any City equipment including light and sound equipment, i.e. cords or use of sport field lights;
• Cooking facilities;
• Occupancy and spacing of enclosures;
• Use of tents, air-supported structures (i.e.: bounce houses), canopies, or fabric shelters; and • Washing stations & trash/recycling receptacles.
Helpful Tips
These suggestions will help you plan a safe and successful event. Please review them thoroughly BEFORE completing your permit application to ensure you have considered every important planning detail and provided all necessary information for consideration!! Event Application
The Application is reviewed by your Special Event Point of Contact and others to ensure the event will be properly executed and is compatible with existing city goals and programming.
This review will include an evaluation of the impact on public safety, traffic interruption, and other affected areas. Please provide as much detail as possible about the event, including a layout map, description, schedule, and contact information. By providing this information with your application, you can ensure the process will move as quickly as possible.
Business License for Special Events
Special events where products or food will be served or sold will require a business license in addition to the permit. The Special Event Business License application must be received by the City, fees paid, and vendors identified at least five (5) days prior to the event.
Food
Guidelines are available through the Humboldt County Division of Environment Health to help you meet food handling and preparation requirements. Applicants are responsible for obtaining all necessary County Permits.
Event coordinators and food vendors are required to apply for a Temporary Food Facility (TFF) Permit 30 days prior to an event that has more than one food vendor.
Note: If a vendor has a valid Mobile Food Facility (MFF) or Cottage Food Operations (CFO) permit a TFF permit is not required for the special event. - 5 -
Alcohol
Alcohol licenses are issued by the California Alcoholic Beverage Control (ABC) office. Daily Licenses are required for events that plan to serve alcohol. You may apply for an ABC license through our online portal here.
Applications must be received within 10 days of the event. These permits require the approval from the property owners (City Manager for City property) and the Fortuna Police Department prior to the final approval by ABC.
Portable Toilets
The City of Fortuna calculates the number of portable toilets that will be required based on the maximum projected attendance and hours of operation. Details and how to find out how many portable toilets may be needed for your event can be found in Attachment “A” of this document
Waste and Recycling
Permit holders are responsible for providing detailed information regarding the method of storage, handling, and removal of solid waste and recyclables. Fees may be charged for garbage or waste that is not disposed of after the event. Contact Recology for more information on renting additional trash dumpsters and recycling receptacles.
Building Permits
If temporary electrical wiring or structures will be installed, a building permit may be required.
The Building Department review should be requested at least 90 days prior to the event. If a building permit is required, it could take up to 60 days for approval. Structures include, but are not limited to, bleachers, scaffolding, a grandstand, reviewing stands, stages, and platforms.
Noise Considerations
All amplified sound must end by 10:00 pm unless prior approval is obtained by the City.
Disturbing, excessive, or offensive noises will be controlled and conditions imposed.
Parade Routes
The City of Fortuna Police and Public Works Department must assist you in planning parade routes. Consider the following during the initial planning stage:
• Will the parade route…
o Hinder emergency vehicles such as fire, police or paramedics? o Conflict with public transportation such as the bus routes and stops, access to parking spaces?
o Interfere with the public’s access to any buildings, such as homes, businesses, churches, or hospitals?
- 6 -
Insurance
The City of Fortuna requires liability insurance for all events on public property.
Coverage must be a minimum of $2 million per occurrence, and must include a separate endorsement that makes the insurance primary and non-contributory. The exact language must specifically state “The City of Fortuna, its officials, officers, employees, and volunteers” as additional insured. Exact wording is required.
NOTE: Lack of insurance will result in cancellation of the event and the Special Event Permit. All insurance documents must be submitted no later than ten (10) days prior to the event. Some event promoters and insurance companies have experienced difficulty with providing timely and accurate insurance documents, so it is best to obtain these early. City of Fortuna staff will gladly assist with a preliminary review of the insurance documents.
The City of Fortuna works with HUB International to provide applicants an alternative to obtain special event insurance. You can contact HUB directly for a quote through their online portal. If you have additional questions or need more information, please contact your Special Event Point of Contact.
Post-Event Clean Up Plan
You may be required to submit a post-event cleanup plan before your Special Event Application can be approved. This plan is required to ensure the material preservation of city facilities, equipment, premises, or streets. Please include information regarding the disposal of solid waste and recyclables.
After your event, the City will inspect all aspects of the facility that was used to asses if there is any damage to City property. If damage occurred during your event, you will be held responsible for any repairs or replacement of damaged City property. - 7 -
Application Timing
The event application should be submitted at least 30 days prior to the event and may be submitted up to one year in advance. No event date is guaranteed or permission granted until a Special Event Permit has been issued. Approval or denial of the application will be provided by the City of Fortuna within 10 days of receipt of the application. 90 days 30 days 10 days
Request
Building Dept.
Review
Obtain
Insurance
Coverage
Apply for Special
Event Permit
Provide Evidence of Insurance
Prepare Post-Event Clean Up Plan
Notify Residents and Businesses of Street
Closures; & Submit proof
Obtain Temporary Food Facility Permit and
other Permits as applicable.
Apply for
Liquor
License
Apply for
Temporary
Seller’s
Permit
Special Event Permit Standards
We encourage you to plan and conduct quality special events in the City of Fortuna. However, there are times when a Special Event Permit may not be issued. Various reasons the City of Fortuna may not issue a permit include but are not limited to:
• A substantial interruption of public transportation or other traffic. Examples include a conflict with development in the right-of-way or closing of a major street during peak commute hours.
• The number of police employees required for your event would prevent police protection to the remainder of the city.
• The number of City employees required by your event would hinder or prevent routine city services.
• Undue interference with emergency vehicles or with another already scheduled event.
• Insufficient traffic controllers, crowd monitors, safety equipment, or insurance coverage.
• Possibility of violent or disorderly conduct.
• Expected violation of health, safety, or noise abatement laws.
Appeal Process
Any person wishing to appeal the denial of a Special Event Permit has the right to submit their request to the City Manager, who has authority to reconsider the application denial. It is recommended that - 8 -
you provide as much information as possible for the appeal. If satisfaction is not reached at the City Manager level, an appeal may be made to the City Council. The City Council shall act upon the appeal at its next regularly scheduled meeting, subject to the appeal being received prior to 5:00 pm the Monday before. In all cases, the City Council’s decision is final.
Contact Information:
Siana L. Emmons, Risk Manager
707-725-1409
P.O. Box 545
Fortuna, CA 95540
[email protected]
City Contacts
We are available to assist you in ensuring your event is a success. If you have questions about event planning or any of the requirements outlined in the application, we encourage you to ask questions before submitting your application. For general information regarding special events, please contact Siana Emmons at 707-725-1409 or [email protected] For questions regarding: Please Contact Phone
Alcohol Requirements California Alcoholic Beverage Control (ABC)
(707) 445-7229
Building Permits Building Department (707) 725-1407
Business Licenses Finance Department (707) 725-7600
City of Fortuna Special Events Risk Manager (707) 725-1409 Fire Safety Fortuna Volunteer Fire Department (707) 725-5021 Fireworks Fortuna Volunteer Fire Department (707) 725-5021 Food & Beverage Sales Humboldt County Division of
Environmental Health
(707) 445-6215
Insurance Requirements Risk Manager (707) 725-1409
Maintenance Requirements Public Works Department (707) 725-1471 Noise Limits Community Development (707) 725-1407
Park Use Permits Parks & Recreation (707) 725-7620
Public Safety & Security Fortuna Police Department (707) 725-7550 Sales Tax Obligations CA Department of Tax & Fee
Administration (CDTFA)
(800)-400-7115
Street Closures Public Works Department (707) 725-1471
Waste Removal Recology (707) 725-5156
Traffic Engineering Public Works Department (707) 725-1471 City of Fortuna
Special Event Permit Application
1 ATTACHMENT “A”
How Many Portable Restrooms Are Needed?
This chart provides a basic breakdown of determining the number of portable restrooms at a special event. Please keep in mind that certain factors might change this breakdown. Below the chart are some other important factors to take into consideration when determining your numbers.
How Many Portable Restrooms Are Needed?
1 2 3 4 5 6 7 8 9 10
50 1 1 1 1 2 2 2 2 2 2
100 2 2 2 2 3 3 3 3 3 3
250 2 2 2 2 2 3 3 3 3 4
500 2 3 4 4 4 4 4 4 4 4
1000 4 6 6 7 7 8 8 8 8 8
2000 6 10 12 13 14 14 14 15 15 15
3000 9 14 17 19 20 21 21 21 21 22
4000 12 19 23 25 28 28 28 30 30 30
5000 15 23 30 32 34 36 36 36 36 36
6000 17 28 34 38 40 42 42 42 44 44
7000 20 32 40 44 46 4/8 50 50 50 50
Number of Hours for Event Per Day (Assumes Servicing per day).
NUMBER
OF
PEOPLE
PER DAY
City of Fortuna
Special Event Permit Application
2 Will alcohol be served?
If alcohol is being served at your event, we recommend adding 15-20% to the total number of portable restrooms needed for your event.
Are you serving food?
Set up portable restrooms and hand washing facilities in designated zones near food service areas, but not immediately adjacent.
Are there any additional permanently built restrooms available on site? Consider any existing on-site or permanently constructed restrooms within the event premises. Evaluate their capacity to the anticipated number of attendees they can accommodate.
Who’s Coming to the Event?
Many people need more accessible restrooms. Remember to order ADA Accessible Restrooms.
Where to wash hands?
Handwashing stations should always accompany portable restrooms and be positioned near them.
Contact: [email protected] or (707) 725-1409 with questions.
Business Item 5a
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: City Council Vacancy
STAFF RECOMMENDATION:
The Fortuna City Council approve the below schedule to fill the vacancy on the Fortuna City Council:
a. Announce City Council vacancy & solicit applications beginning Feb. 4, 2024; b. Filing deadline for City Council applications March 4, 2025; and c. Special Public Meeting to conduct City Council interviews & selection March 10, 2025
EXECUTIVE SUMMARY:
On January 28th Kris Mobley submitted her resignation from the Fortuna City Council effective immediately. Her term would have expired at the end of 2026. The General Election in November 2026 will determine the seat.
Per California Government Code Section 36512 et seq the existing City Council shall, within 60 days from the commencement of the vacancy, fill the vacancy through the below options.
1. Appointment of Resident to Fill Vacancy for the Remainder of the Term (less than 2 years remaining) by one of the following methods:
A. Make an Immediate Appointment (not recommended)
B. Make an appointment by March 28, 2025 (recommended)
a. Announce vacancy & solicit applications
b. Filing Deadline
c. Public Meeting to conduct interviews & selection
d. Develop schedule to meet March 28 deadline
Or,
2. Call a Special Election by March 28, 2025 (not recommended) Option 1.A. does not provide sufficient notice or public engagement and is therefore not recommended.
Option 2 delays the appointment process due to the time involved to establish a special election and is estimated to cost the City approximately $15,000 to $20,000.
Business Item 5a
Option 1.B. provides transparency through the selection process as well as an opportunity for more members of the Fortuna community to engage and/or consider possibly applying for the vacancy. Staff recommends pursuing Option 1.B.
Therefore, staff proposes the following schedule to fill the City Council vacancy. a. Announce vacancy & solicit applications beginning Feb. 4, 2025; b. Filing Deadline March 4, 2025; and
c. Special Public Meeting to conduct interviews & selection March 10, 2025 FINANCIAL IMPACT:
The financial impact is not direct, however, there has been and will be considerable staff time in responding to and preparing for the City Council vacancy to be filled.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review questions with staff.
2. Open public comment.
3. Close public comment.
4. Motion to make an appointment to the Fortuna City Council by March 28, 2025 through the following schedule: announce vacancy & solicit applications beginning Feb. 4, 2025; filing deadline for applications March 4, 2025; and notice and hold a Special Public Meeting to conduct interviews & selection on March 10, 2025.
5. Roll call vote.
ATTACHMENT:
• City Council Application
CITY OF FORTUNA
www.friendlyfortuna.com
Application for Appointment to City Council
Persons interested in being appointed to serve on the City Council of the City of Fortuna are invited to complete the following application. This appointment will expire upon the election and qualification of a successor at the General Election set for November 3, 2026. (City Charter, Article 12 The Council)
Name:
Street Address:
City: State: ZIP Code:
Residence Telephone Number: Work Telephone Number: E-Mail Address:
Brief Description of Background and Qualifications (Additional Information May Be Attached on Separate Sheets and Attachment of Resume is Desirable):
NOTE: The Application must be submitted by email on or before 5:00 PM on March 4, 2025, to City Clerk Siana Emmons at [email protected] A copy of all Applications will be attached to an Agenda Report for consideration at a City Council meeting currently scheduled for March 10, 2025 with the Applicant’s telephone numbers and email address removed. Interviews will be held during the Special Meeting on March 10, 2025 applicants must be present.
I hereby certify that I am a registered voter of the City of Fortuna, and will provide any additional documentation necessary to confirm my eligibility to serve on the City Council.
Signature of Applicant: Date:
FOR CITY USE ONLY / APPOINTMENT TO CITY COUNCIL
Date of Appointment:
End of Term:
Business Item 5b
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Deputy City Engineer
THROUGH: Amy Nilsen, City Manager
SUBJECT: Second Reading and Adoption of Organic Waste Disposal Ordinance 2024-770 Amendment
STAFF RECOMMENDATION:
Staff recommends that the Council hold a public hearing and conduct a second reading of amended Ordinance 2024-770, revising Chapter Section 8.14.070 of the Fortuna organic waste disposalreduction regulations thatimplement and enforceCalRecycle organics regulations and SB 1383 compliance.
EXECUTIVE SUMMARY:
The Organic Reduction and Recycling Ordinance 2024-770 was adopted by the City Council on August 5, 2024. The ordinance amended Title 8 (Health and Safety) of the Fortuna Municipal Code to include Chapter 8.14, Organic Reduction and Recycling. Chapter Section 8.14.070 defines requirements for commercial edible food generators and has been found to be incomplete upon development of the Commercial Edible Food Recovery Program by Abound Food Care.
The program requires that commercial edible food generator facilities under contract with food recovery organizations must be inspected annually and the Ordinance currently does not address that language.
The Humboldt County Department of Environmental Health (DEH) has served as the City of Fortuna Health Officer since 1977 per Ordinance 77-370. Given this historic relationship for health-related regulation and oversight, the City has requested that DEH perform commercial edible food generator facility inspections. DEH has obliged and requested that the City enforce the same requirements that they have for generators in their jurisdiction. Those requirements include registration with DEH, fee payment and annual inspections. In order to achieve that objective, staff have added the following language to Ordinance 2024-770:
8.14.070(c)(9) Register with the County of Humboldt Division of Environmental Health as an Edible Food Generator. Commercial Edible Food Generator Registration will require an annual fee in an amount to cover costs, as set by resolution or ordinance of the Humboldt County Board of Supervisors. No part of the registration fee shall be refundable.
8.14.070(c)(10) Submit to annual inspection by the County of Humboldt Division of Environmental Health for compliance with this Section.
Business Item 5b
During the editing process, staff also added clarifying language to 8.14.070(c)(7)(D) in bold below.
If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to subsection (c)(2) above, a Commercial Edible Food Generator shall maintain a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
FINANCIAL IMPACT:
To date, the County has not established the fee for registration and inspection of facilities.
However, all proposed fees shall be paid by the commercial edible food generators and the City shall incur no budgetary impact.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing
2. Receive staff presentation and review Council questions with staff
3. Open Public Comment
4. Close Public Comment
5. Motion to conduct a second reading and adopt Ordinance 2024-770, and read by title only. Roll call vote.
ATTACHMENTS:
• Amendments to Ordinance No. 2024-770, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance -1-
ORDINANCE NO. 2024-770
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA CALIFORNIA, AMENDING TITLE 8 – HEALTH AND SAFETY OF THE FORTUNA MUNICIPAL CODE BY REVISING CHAPTER 8.14– ORGANIC REDUCTION AND
RECYCLING ORDINANCE
WHEREAS, the City of Fortuna (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, on June 20, 2023, the City Council passed and adopted Ordinance No. 2023-761, which added Chapter 8.14 to Title 8 of the Fortuna Municipal Code (“FMC”), to implement relevant provisions of Senate Bill 1383 regulating organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS, pursuant to Section 4 of Ordinance No. 2023-761, Ordinance No. 2023-761 was effective as of January 1, 2024; and
WHEREAS, pursuant to Section 4 of Ordinance No. 2023-761, the City Council amended Chapter
8.14 to Title 8 of the Fortuna Municipal Code to provide for deferred implementation of certain requirements set forth in Chapter 8.14 to allow time for the City to complete its Franchise Agreement negotiations and to ensure the necessary equipment and regional facilities are available to process the organics waste for recycling; and
WHEREAS, the City Council intends, by this Ordinance, to further amend certain provisions of Chapter 8.14 of the FMC to provide for further deferred implementation of certain requirements set forth in Chapter 8.14 to allow additional time for the City to complete its Franchise Agreement negotiations and to ensure the necessary equipment and regional facilities are available to process the organics waste for recycling; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council finds, pursuant to the California Environment Quality Act (CEQA), Guidelines section 15378, that this Ordinance is not a Project as defined by CEQA.
Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
SECTION 3. Fortuna Municipal Code Amendment. Section 8.14.070 (Requirements For Commercial Edible Food Generators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text. -2-
8.14.070. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing July 1, 2024, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024 or such later deadline established by State law or regulations. (c) On and after July 1, 2024, Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with Food Recovery Organizations Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service. (4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
(5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(6) Allow the Enforcement Agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
-3-
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self- hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(D) If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to subsection (c)(2) above, a Commercial Edible Food Generator shall maintain a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
(8) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the Enforcement Agency that includes the information in Section 8.14.070(c)(7).
Entities shall provide the requested information within 60 days of the request. (9) Unless waived pursuant Section 8.14.060 of this Chapter, Commercial Edible Food Generators shall register with the County of Humboldt Division of Environmental Health as a Commercial Edible Food Generator. Commercial Edible Food Generator registration will require an annual fee in an amount to cover costs, as set by resolution or ordinance of the Humboldt County Board of Supervisors. No part of the registration fee shall be refundable. (10) Registered Commercial Edible Food Generators shall submit to annual inspection by the County of Humboldt Division of Environmental Health for compliance with this Section.
(d) Nothing in this Ordinance shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations.
-4-
(e) Nothing in this Ordinance prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
(f) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application.
SECTION 5. Effective Date. These Ordinance amendments shall become effective thirty (30) days after adoption by the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.
INTRODUCED AND FIRST READING PERFORMED on this 6th day of January 2025 by the following vote:
AYES: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NAYS: None
ABSENT: Council Member Mobley
ABSTAIN: None
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 3rd day of February 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: Mike Johnson, Mayor
___________________________
Siana L. Emmons, City Clerk
Business Item 5c
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Amended City of Fortuna City Council Polices, Procedures and Governance Manual
STAFF RECOMMENDATION:
Adopt the amended City of Fortuna City Council Policies, Procedures and Governance Manual and dissolve the Policies and Procedure Manual Review Ad Hoc Committee.
EXECUTIVE SUMMARY:
At the September 17, 2024 City Council meeting during Future Agenda Item discussion, Council Member Mobley requested the City of Fortuna’s City Council Policies and Procedures Manual be updated. The last update of this manual occurred on June 20, 2011. On October 21, 2024 a Policies and Procedures Manual Ad Hoc Committee was created to review the current manual, review other city manuals, and return with a recommendation.
The Ad Hoc Committee comprised of Councilmembers Mobley and Johnson met several times over the last several months and reviewed the current Policies and Procedures Manual and also reviewed City Council manuals from the cities of Folsom, Santa Rosa and Grass Valley.
The Ad Hoc recommends the below changes. These changes are also documented in the track changes document (Attachment A):
Section 1 Local Government in Fortuna:
• Moved subsections “Council Manager Form of Governance” and “Mayor and City Council Members” to Section 3 “Roles and Responsibilities” and modernized the language.
Added Section 2 Effective Governance:
• This section describes the characteristics of an effective council and effective council members.
Updated Section 3 from “Your Role as a City Council Member” to “Roles and Responsibilities” • Added subsections to describe the roles Mayor, Mayor Pro Tem and City Council • Added subsection on “Noninterference with City Manager’s Administrative Role” • Added subsection on “Responding to Public Complaints” • Added subsection on “New Councilmember Orientation”
• Moved communication related subsections to a new Section 4 Communication Protocols • Added a Section 3.5 Attendance, and includes the following language “Pursuant to California Government Code Section 36513 if a ‘city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.’ Council members are expected to attend all meetings of the City Council. If a Council Member is absent without Council permission from all regular City Council meetings for sixty (60) days consecutively from the last regular meeting he/she attends, his/her office becomes vacant and shall be filled as any other vacancy.
Council members shall inform the City Clerk and/or the City Manager if they are unable to attend a regular scheduled City Council meeting in order to ensure there is a quorum.” • Added Section 3.6 Quorum, and includes the following language “The City Council consists of five members, one of whom is the Mayor. Three members of the Council shall constitute a quorum and shall be sufficient to transact business. If less than three (3) Council Members appear at a regular meeting, the City Manager may adjourn the meeting to a stated day and hour.”
Section 4 Communication Protocols:
• This is a new section to the Policies, Procedures and Governance Manual. • Added section on “Communication between the City Council and City Manager” • Added section on “Communication between the City Council Members” which discusses the Brown Act and social media.
• Added section on “Communication between City Council Members and the Public” • Added section on “Constituent Requests and Correspondence” • Added section on “Representing the City on Regional Agencies” Section 5 Conflict of Interest
• Added additional clarifying language on counsel advice.
Section 7.5.3 City Council Meeting Steps
• Added language on city council meeting steps
• Added language and explanation on motions.
• Added language on commonly used motions.
Section 7.7.2 Ordinances
• Added additional clarifying language.
Section 8.2 Commitment to Open & Transparent Government • Deleted as this language is duplicative of other sections and required by law. • Deleted the subsequent policy sections as this is duplicative and already stated in the document.
Depending on the outcome of tonight’s meeting such as the adoption of the amended Policies, Procedures and Governance Manual the Ad Hoc Committee will be dissolved. Should your City Council request additional changes the Ad Hoc will continue to meet until adoption of an amended manual?
Business Item 5c
Business Item 5c
FISCAL IMPACT:
Costs for staff time to meet with a Committee and update the manual is already included in the adopted Fiscal Year (FY) 2024-25 budget.
RECOMMENDED ACTION:
Adopt the amended City of Fortuna City Council Policies, Procedures and Governance Manual and dissolve the Policies and Procedure Manual Review Ad Hoc Committee.
ATTACHMENTS:
• Attachment A - Track Changes City of Fortuna City Council Policies, Procedures and Governance Manual
• Attachment B - Amended City of Fortuna City Council Policies, Procedures and Governance Manual with no track changes
• Attachment C - Current City Council Policies and Procedures Manual
CITY OF FORTUNA
City Council
Policies, & Procedures and
Governance
Manual
The City of Fortuna’s mission is to be worthy of the public trust by providing timely, efficient, well-planned and dependable services to the community.
Prepared by
The City Clerk’s Office
Linda Jensen, CMC City Administration
~ - 2 - ~
TABLE OF CONTENTS
1. LOCAL GOVERNMENT IN FORTUNA ..................................................................... - 11 -
1.1 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL ....................... - 11 -
1.2 THE MUNICIPAL CODE ...................................................................................................... - 12 -
2. EFFECTIVE GOVERNANCE ..................................................................................... - 12 -
2.1 CHARACTERISTICS OF AN EFFECTIVE COUNCIL ....................................................... - 12 -
2.2 CHARACTERISTICS OF AN EFFECTIVE COUNCIL MEMBER ..................................... - 13 -
3. ROLES AND RESPONSIBILITIES ............................................................................ - 13 -
3.1 COUNCIL-MANAGER FORM OF GOVERNMENT .......................................................... - 13 -
3.2 MAYOR, MAYOR PRO TEM AND CITY COUNCIL MEMBERS .................................... - 14 -
3.2.1 Mayor’s Role .................................................................................................................... - 14 -
3.2.2 Mayor Pro Tem ................................................................................................................ - 14 -
3.2.3 City Council ..................................................................................................................... - 14 -
3.2.4 Noninterference with City Manager’s Administrative Role ............................................ - 15 -
3.2.5 Responding to Public Complaints .................................................................................... - 15 -
3.2.6 New Councilmember Orientation .................................................................................... - 15 -
3.3 COUNCIL GOALS ................................................................................................................. - 16 -
3.4 POLICY AND ADMINISTRATION ..................................................................................... - 16 -
3.5 ATTENDANCE: ..................................................................................................................... - 17 -
3.6 QUORUM: .............................................................................................................................. - 17 -
4. COMMUNICATION PROTOCOLS ............................................................................. - 18 -
4.1 COMMUNICATION BETWEEN THE CITY COUNCIL AND THE CITY MANAGER ... - 18 -
4.1.1 Direction to City Manager at City Council Meetings ...................................................... - 18 -
4.2 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS ......................................... - 18 -
4.2.1 Brown Act ........................................................................................................................ - 19 -
4.2.2 Social Media ..................................................................................................................... - 19 -
4.3 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS AND THE PUBLIC ....... - 20 -
4.4 CONSTITUENT REQUESTS AND CORRESPONDENCE ................................................. - 20 -
4.5 REPRESENTING THE CITY ON REGIONAL AGENCIES ................................................ - 21 -
5. CODE OF ETHICS ....................................................................................................... - 21 -
5.1 PREAMBLE ............................................................................................................................ - 21 -
5.2 PUBLIC INTEREST ............................................................................................................... - 22 -
5.3 CONDUCT .............................................................................................................................. - 22 -
5.3.1 Influence ........................................................................................................................... - 22 -
5.3.2 City Representation .......................................................................................................... - 22 -
5.3.3 Confidential Matters ......................................................................................................... - 22 -
5.3.4 Conflict of Interest ........................................................................................................... - 22 -
5.3.5 Conduct at Meetings ........................................................................................................ - 23 - ~ - 3 - ~
5.3.6 Council Committees ......................................................................................................... - 23 -
5.3.7 Compliance with Intent of Council Conduct Code .......................................................... - 23 -
5.4 CONFLICT OF INTEREST .................................................................................................... - 23 -
5.4.1 Applicable Law ................................................................................................................ - 23 -
5.4.2 Sources of Assistance ....................................................................................................... - 24 -
5.4.3 Identifying Conflicts ........................................................................................................ - 24 -
5.4.4 General Rules ................................................................................................................... - 24 -
6. SALARIES ..................................................................................................................... - 25 -
6.1 SALARY AND REIMBURSEMENT .................................................................................... - 25 -
6.2 BENEFITS .............................................................................................................................. - 26 -
6.2.1 Group Health Insurance ................................................................................................... - 26 -
6.2.2 Training, Meetings, Conferences ..................................................................................... - 26 -
7. CONDUCT OF CITY COUNCIL MEETINGS ............................................................ - 26 -
7.1 PARLIAMENTARY PROCEDURE ...................................................................................... - 26 -
7.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL ...................... - 27 -
7.3 TYPES OF COUNCIL MEETINGS ....................................................................................... - 28 -
7.3.1 Regular Meetings ............................................................................................................. - 28 -
7.3.2 Special Meetings .............................................................................................................. - 28 -
7.3.3 Adjourned Meetings ......................................................................................................... - 29 -
7.3.4 Closed Session ................................................................................................................. - 29 -
7.3.5 Emergency Meetings ........................................................................................................ - 29 -
7.3.6 Budget Workshops: .......................................................................................................... - 29 -
7.4 MINUTES AND RECORD KEEPING .................................................................................. - 30 -
7.5 AGENDA ................................................................................................................................ - 30 -
7.5.1 Placing Items on the Agenda ............................................................................................ - 30 -
7.5.2 Order of Agenda Items ..................................................................................................... - 31 -
7.5.3 City Council Meeting Steps: ............................................................................................ - 31 -
7.6 AGENDA ITEMS ................................................................................................................... - 32 -
7.6.1 Call to Order ..................................................................................................................... - 32 -
7.6.2 Public Comment ............................................................................................................... - 32 -
7.6.3 Presentations, Recognitions, Proclamations ..................................................................... - 32 -
7.6.4 Report of Disbursements .................................................................................................. - 33 -
7.6.5 Consent Calendar ............................................................................................................. - 33 -
7.6.6 Regular Business Items/Public Hearings ......................................................................... - 33 -
7.6.7 City Manager’s Report ..................................................................................................... - 33 -
7.6.8 Future Agenda Items ........................................................................................................ - 33 -
7.6.9 Council Reports and Communications ............................................................................. - 33 -
7.6.10 Public Comment (before Closed Session) ........................................................................ - 34 -
7.6.11 Closed Sessions (as needed) ............................................................................................. - 34 -
7.6.12 Adjournment .................................................................................................................... - 34 -
7.7 TYPES OF COUNCIL ACTIONS .......................................................................................... - 34 -
7.7.1 Consent Calendar ............................................................................................................. - 35 -
7.7.2 Ordinances ........................................................................................................................ - 35 -
7.7.3 Urgency Ordinances ......................................................................................................... - 36 -
7.7.4 Resolutions ....................................................................................................................... - 36 - ~ - 4 - ~
7.7.5 Proclamations ................................................................................................................... - 36 -
7.7.6 Minute Orders .................................................................................................................. - 36 -
7.7.7 Public Hearings ................................................................................................................ - 36 -
8. CITY ORGANIZATION ................................................................................................ - 36 -
8.1 CITY MANAGER................................................................................................................... - 36 -
8.2 CITY ATTORNEY ................................................................................................................. - 37 -
8.3 CITY EMPLOYEES ............................................................................................................... - 37 -
9. ADVISORY COMMISSIONS AND BOARDS ............................................................. - 37 -
9.1 OVERVIEW ............................................................................................................................ - 37 -
9.1.1 Qualifications ................................................................................................................... - 37 -
9.1.2 Temporary committees ..................................................................................................... - 37 -
9.1.3 Appropriations .................................................................................................................. - 37 -
9.1.4 Appointments – Terms ..................................................................................................... - 37 -
9.1.5 Vacancies ......................................................................................................................... - 38 -
9.1.6 Officers ............................................................................................................................. - 38 -
9.1.7 Meetings – Rules and regulations – Quorum ................................................................... - 38 -
9.1.8 Compensation. .................................................................................................................. - 39 -
9.1.9 Conflict of interest. ........................................................................................................... - 39 -
9.2 HISTORICAL COMMISSION ............................................................................................... - 39 -
9.2.1 Established – Purpose ...................................................................................................... - 39 -
9.2.2 Membership terms ............................................................................................................ - 39 -
9.2.3 Council representative ...................................................................................................... - 39 -
9.2.4 Museum operation ............................................................................................................ - 39 -
9.3 PARKS AND RECREATION COMMISSION ...................................................................... - 39 -
9.3.1 Established – Purpose ...................................................................................................... - 39 -
9.3.2 Membership Terms .......................................................................................................... - 40 -
9.3.3 Council Representative .................................................................................................... - 40 -
9.4 PLANNING COMMISSION ................................................................................................. - 40 -
9.4.1 Established – Purpose ...................................................................................................... - 40 -
9.4.2 Membership Terms .......................................................................................................... - 40 -
9.4.3 Compensation ................................................................................................................... - 40 -
9.4.4 Alternate Member ............................................................................................................ - 40 -
10. APPENDIX .......................................................................................................................... 1
10.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ............................................. 1
10.2COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT ............................................ 8
1. LOCAL GOVERNMENT IN FORTUNA ..................................................................... - 10 -
1.1 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL ....................... - 10 -
1.2 THE MUNICIPAL CODE ...................................................................................................... - 11 -
2. EFFECTIVE GOVERNANCE ....................................................................................... - 11 -
2.1 CHARACTERISTICS OF AN EFFECTIVE COUNCIL ....................................................... - 11 -
2.2 CHARACTERISTICS OF AN EFFECTIVE COUNCIL MEMBER ..................................... - 12 - ~ - 5 - ~
3. ROLES AND RESPONSIBILITIES .................................................................................... - 12 -
3.1 COUNCIL-MANAGER FORM OF GOVERNMENT .......................................................... - 12 -
3.2 MAYOR, MAYOR PRO TEM AND CITY COUNCIL MEMBERS .................................... - 13 -
3.2.1 Mayor’s Role .................................................................................................................... - 13 -
3.2.2 Mayor Pro Tem ................................................................................................................ - 13 -
3.2.3 City Council ..................................................................................................................... - 13 -
3.2.4 Noninterference with City Manager’s Administrative Role ............................................ - 15 -
3.2.5 Responding to Public Complaints .................................................................................... - 15 -
3.2.6 New Councilmember Orientation .................................................................................... - 15 -
3.3 COUNCIL GOALS .......................................................................................................... - 16 -
3.4 POLICY AND ADMINISTRATION ..................................................................................... - 16 -
4. COMMUNICATION PROTOCOLS ............................................................................. - 17 -
4.1 COMMUNICATION BETWEEN THE CITY COUNCIL AND THE CITY MANAGER ... - 18 -
4.1.1 Direction to City Manager at City Council Meetings ...................................................... - 18 -
4.2 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS ......................................... - 18 -
4.2.1 Brown Act ........................................................................................................................ - 18 -
4.2.2 Social Media ..................................................................................................................... - 19 -
4.3 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS AND THE PUBLIC ....... - 19 -
4.4 CONSTITUENT REQUESTS AND CORRESPONDENCE ................................................. - 20 -
4.5 REPRESENTING THE CITY ON REGIONAL AGENCIES ................................................ - 20 -
5. CODE OF ETHICS......................................................................................................... - 21 -
5.1 PREAMBLE ............................................................................................................................ - 21 -
5.2 PUBLIC INTEREST ............................................................................................................... - 21 -
5.3 CONDUCT .............................................................................................................................. - 21 -
5.3.1 City Manager Form of Government ................................................................................. - 21 -
5.3.2 Influence ........................................................................................................................... - 22 -
5.3.3 City Representation .......................................................................................................... - 22 -
5.3.4 Confidential Matters ......................................................................................................... - 22 -
5.3.5 Conflict of Interest ........................................................................................................... - 22 -
5.3.6 Conduct at Meetings ........................................................................................................ - 22 -
5.3.7 Council Committees ......................................................................................................... - 22 -
5.3.8 Compliance with Intent of Council Conduct Code .......................................................... - 22 -
5.4 CONFLICT OF INTEREST .................................................................................................... - 23 -
5.4.1 Applicable Law ................................................................................................................ - 23 -
5.4.2 Sources of Assistance ....................................................................................................... - 23 -
5.4.3 Identifying Conflicts ........................................................................................................ - 24 -
5.4.4 General Rules ................................................................................................................... - 24 -
6. SALARIES ..................................................................................................................... - 25 -
6.1 SALARY AND REIMBURSEMENT .................................................................................... - 25 -
6.2 BENEFITS .............................................................................................................................. - 25 -
6.2.1 Group Health Insurance ................................................................................................... - 25 -
6.2.2 Training, Meetings, Conferences ..................................................................................... - 25 - ~ - 6 - ~
7. CONDUCT OF CITY COUNCIL MEETINGS ............................................................. - 26 -
7.1 PARLIAMENTARY PROCEDURE ...................................................................................... - 26 -
7.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL ...................... - 27 -
7.3 TYPES OF COUNCIL MEETINGS ....................................................................................... - 27 -
7.3.1 Regular Meetings ............................................................................................................. - 27 -
7.3.2 Special Meetings .............................................................................................................. - 28 -
7.3.3 Adjourned Meetings ......................................................................................................... - 28 -
7.3.4 Closed Session ................................................................................................................. - 28 -
7.3.5 Emergency Meetings ........................................................................................................ - 29 -
7.3.6 Budget Workshops: .......................................................................................................... - 29 -
7.4 MINUTES AND RECORD KEEPING .................................................................................. - 29 -
7.5 AGENDA ................................................................................................................................ - 30 -
7.5.1 Placing Items on the Agenda ............................................................................................ - 30 -
7.5.2 Order of Agenda Items ..................................................................................................... - 30 -
7.5.3 City Council Meeting Steps: ............................................................................................ - 31 -
7.6 AGENDA ITEMS ................................................................................................................... - 32 -
7.6.1 Call to Order ..................................................................................................................... - 32 -
7.6.2 Public Comment ............................................................................................................... - 32 -
7.6.3 Presentations, Recognitions, Proclamations ..................................................................... - 32 -
7.6.4 Report of Disbursements .................................................................................................. - 32 -
7.6.5 Consent Calendar ............................................................................................................. - 32 -
7.6.6 Regular Business Items/Public Hearings ......................................................................... - 33 -
7.6.7 City Manager’s Report ..................................................................................................... - 33 -
7.6.8 Future Agenda Items ........................................................................................................ - 33 -
7.6.9 Council Reports and Communications ............................................................................. - 33 -
7.6.10 Public Comment (before Closed Session) ........................................................................ - 33 -
7.6.11 Closed Sessions (as needed) ............................................................................................. - 34 -
7.6.12 Adjournment .................................................................................................................... - 34 -
7.7 TYPES OF COUNCIL ACTIONS .......................................................................................... - 34 -
7.7.1 Consent Calendar ............................................................................................................. - 34 -
7.7.2 Ordinances ........................................................................................................................ - 34 -
7.7.3 Urgency Ordinances ......................................................................................................... - 35 -
7.7.4 Resolutions ....................................................................................................................... - 35 -
7.7.5 Proclamations ................................................................................................................... - 36 -
7.7.6 Minute Orders .................................................................................................................. - 36 -
7.7.7 Public Hearings ................................................................................................................ - 36 -
8. CITY ORGANIZATION ................................................................................................ - 36 -
8.1 CITY MANAGER................................................................................................................... - 36 -
8.2 CITY ATTORNEY ................................................................................................................. - 36 -
8.3 CITY EMPLOYEES ............................................................................................................... - 36 -
9. ADVISORY COMMISSIONS AND BOARDS ............................................................ - 36 -
9.1 OVERVIEW ............................................................................................................................ - 37 -
9.1.1 Qualifications ................................................................................................................... - 37 -
9.1.2 Temporary committees ..................................................................................................... - 37 - ~ - 7 - ~
9.1.3 Appropriations .................................................................................................................. - 37 -
9.1.4 Appointments – Terms ..................................................................................................... - 37 -
9.1.5 Vacancies ......................................................................................................................... - 37 -
9.1.6 Officers ............................................................................................................................. - 38 -
9.1.7 Meetings – Rules and regulations – Quorum ................................................................... - 38 -
9.1.8 Compensation. .................................................................................................................. - 38 -
9.1.9 Conflict of interest. ........................................................................................................... - 38 -
9.2 HISTORICAL COMMISSION ............................................................................................... - 38 -
9.2.1 Established – Purpose ...................................................................................................... - 38 -
9.2.2 Membership terms ............................................................................................................ - 39 -
9.2.3 Council representative ...................................................................................................... - 39 -
9.2.4 Museum operation ............................................................................................................ - 39 -
9.3 PARKS AND RECREATION COMMISSION ...................................................................... - 39 -
9.3.1 Established – Purpose ...................................................................................................... - 39 -
9.3.2 Membership Terms .......................................................................................................... - 39 -
9.3.3 Council Representative .................................................................................................... - 39 -
9.4 PLANNING COMMISSION ................................................................................................. - 39 -
9.4.1 Established – Purpose ...................................................................................................... - 39 -
9.4.2 Membership Terms .......................................................................................................... - 40 -
9.4.3 Compensation ................................................................................................................... - 40 -
9.4.4 Alternate Member ............................................................................................................ - 40 -
10. APPENDIX .......................................................................................................................... 1
10.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ............................................. 1
10.2COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT ............................................ 8
1. LOCAL GOVERNMENT IN FORTUNA ....................................................................... - 5 -
1.2 RULES FOR AMMENDING THIS POLICIES & PROCEDURES MANUAL ..................... - 5 -
1.3 COUNCIL-MANAGER FORM OF GOVERNMENT ............................................................ - 5 -
1.4 MAYOR AND CITY COUNCIL MEMBERS ......................................................................... - 5 -
1.5 THE MUNICIPAL CODE ........................................................................................................ - 6 -
2. YOUR ROLE AS A CITY COUNCIL MEMBER .......................................................... - 6 -
2.2 RESPONSIBILITIES .......................................................................................................... - 7 -- 6 -
2.3 COUNCIL GOALS ............................................................................................................. - 8 -- 6 -
2.4 POLICY AND ADMINISTRATION ................................................................................. - 9 -- 7 -
2.5 SERVICES AND RESOURCES ........................................................................................ - 9 -- 7 -
2.6 COMMUNICATION/PUBLIC INPUT ............................................................................ - 10 -- 7 -
2.7 CONSTITUENT REQUESTS .......................................................................................... - 10 -- 8 -
3. CODE OF ETHICS ................................................................................................ - 10 -- 8 -
3.2 PREAMBLE ...................................................................................................................... - 13 -- 8 -
3.4 CONDUCT ........................................................................................................................ - 14 -- 8 - ~ - 8 - ~
3.4.1 City Manager Form of Government: .......................................................................... - 14 -- 8 -
3.4.2 Influence:.................................................................................................................... - 14 -- 8 -
3.4.3 City Representation: ................................................................................................... - 14 -- 8 -
3.4.4 Confidential Matters: ................................................................................................. - 14 -- 9 -
3.4.5 Conflict of Interest: .................................................................................................... - 14 -- 9 -
3.4.6 Conduct at Meetings: ................................................................................................. - 14 -- 9 -
3.4.7 Council Committees: .................................................................................................. - 15 -- 9 -
3.4.8 Compliance with Intent of Council Conduct Code: ................................................... - 15 -- 9 -
3.5 CONFLICT OF INTEREST .............................................................................................. - 15 -- 9 -
3.5.1 Applicable Law. ......................................................................................................... - 15 -- 9 -
3.5.2 Sources of Assistance. .............................................................................................. - 16 -- 10 -
3.5.3 Identifying Conflicts ................................................................................................ - 16 -- 10 -
3.5.4 General Rules ........................................................................................................... - 16 -- 10 -
4. SALARIES ............................................................................................................ - 17 -- 11 -
4.2 SALARY AND REIMBURSEMENT ..................................................................... - 17 -- 11 -
4.3 BENEFITS ...................................................................................................................... - 18 -- 11 -
4.3.1 Group Health Insurance ........................................................................................... - 18 -- 11 -
4.3.2......................................................................................................Training, Meetings, Conferences - 18 -- 12 -
5. CONDUCT OF CITY COUNCIL MEETINGS ................................................... - 18 -- 12 -
5.1 PARLIAMENTARY PROCEDURE .............................................................................. - 18 -- 12 -
5.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL .............. - 19 -- 13 -
5.3 TYPES OF COUNCIL MEETINGS ............................................................................... - 20 -- 13 -
5.3.1 Regular Meetings ..................................................................................................... - 20 -- 13 -
5.3.2 Special Meetings ...................................................................................................... - 20 -- 13 -
5.3.3 Adjourned Meetings ................................................................................................. - 20 -- 14 -
5.3.4 Closed Session ......................................................................................................... - 21 -- 14 -
5.3.5 Emergency Meetings ................................................................................................ - 21 -- 14 -
5.3.6 Budget Workshops: .................................................................................................. - 21 -- 14 -
5.4 MINUTES AND RECORD KEEPING ................................................................ - 21 -- 14 -
5.5 AGENDA ........................................................................................................................ - 22 -- 15 -
5.5.1 Placing Items on the Agenda .................................................................................... - 22 -- 15 -
5.5.2 Order of Agenda Items ............................................................................................. - 22 -- 15 -
5.6 AGENDA ITEMS ........................................................................................................... - 23 -- 16 -
5.6.1 Call to Order ............................................................................................................. - 23 -- 16 -
5.6.2 Public Comment ....................................................................................................... - 23 -- 16 -
5.6.3 Presentations, Recognitions, Proclamations ............................................................. - 23 -- 16 -
5.6.4 Report of Disbursements .......................................................................................... - 23 -- 16 -
5.6.5 Consent Calendar ..................................................................................................... - 23 -- 16 -
5.6.6 Regular Business Items/Public Hearings ................................................................. - 24 -- 16 -
5.6.7 City Manager’s Report ............................................................................................. - 24 -- 16 -
5.6.8 Future Agenda Items ................................................................................................ - 24 -- 17 -
5.6.9 Council Reports and Communications ..................................................................... - 24 -- 17 -
5.6.10 Public Comment (before Closed Session) ................................................................ - 25 -- 17 -
5.6.11 Closed Sessions (as needed) ..................................................................................... - 25 -- 17 - ~ - 9 - ~
5.6.12 Adjournment ............................................................................................................ - 25 -- 17 -
5.7 TYPES OF COUNCIL ACTIONS .................................................................................. - 25 -- 17 -
5.7.1 Consent Calendar ..................................................................................................... - 25 -- 17 -
5.7.2 Ordinances ................................................................................................................ - 26 -- 18 -
5.7.3 Urgency Ordinances ................................................................................................. - 26 -- 18 -
5.7.4 Resolutions ............................................................................................................... - 26 -- 18 -
5.7.5 Proclamations ........................................................................................................... - 27 -- 19 -
5.7.6 Minute Orders .......................................................................................................... - 27 -- 19 -
5.7.7 Public Hearings ........................................................................................................ - 27 -- 19 -
6. CITY ORGANIZATION ....................................................................................... - 27 -- 19 -
6.1 CITY MANAGER........................................................................................................... - 27 -- 19 -
6.2 CITY ATTORNEY ......................................................................................................... - 27 -- 19 -
6.3 CITY EMPLOYEES ....................................................................................................... - 27 -- 19 -
7. ADVISORY COMMISSIONS AND BOARDS .................................................... - 28 -- 19 -
7.1 OVERVIEW .................................................................................................................... - 28 -- 19 -
7.1.1 Qualifications ........................................................................................................... - 28 -- 19 -
7.1.2 Temporary committees ............................................................................................. - 28 -- 20 -
7.1.3 Appropriations .......................................................................................................... - 28 -- 20 -
7.1.4 Appointments – Terms ............................................................................................. - 28 -- 20 -
7.1.5 Vacancies ................................................................................................................. - 28 -- 20 -
7.1.6 Officers ..................................................................................................................... - 29 -- 20 -
7.1.7 Meetings – Rules and regulations – Quorum ........................................................... - 29 -- 20 -
7.1.8 Compensation. .......................................................................................................... - 29 -- 21 -
7.1.9 Conflict of interest. ................................................................................................... - 29 -- 21 -
7.2 HISTORICAL COMMISSION ....................................................................................... - 29 -- 21 -
7.2.1 Established – Purpose .............................................................................................. - 30 -- 21 -
7.2.2 Membership terms .................................................................................................... - 30 -- 21 -
7.2.3 Council representative .............................................................................................. - 30 -- 21 -
7.2.4 Museum operation .................................................................................................... - 30 -- 21 -
7.3 PARKS AND RECREATION COMMISSION .............................................................. - 30 -- 21 -
7.3.1 Established – Purpose .............................................................................................. - 30 -- 21 -
7.3.2 Membership Terms .................................................................................................. - 30 -- 21 -
7.3.3 Council Representative ............................................................................................ - 30 -- 21 -
7.4 PLANNING COMMISSION ......................................................................................... - 30 -- 22 -
7.4.1 Established – Purpose .............................................................................................. - 31 -- 22 -
7.4.2 Membership Terms .................................................................................................. - 31 -- 22 -
7.4.3 Compensation ........................................................................................................... - 31 -- 22 -
7.4.4 Alternate Member .................................................................................................... - 31 -- 22 -
8. APPENDIX .......................................................................................................................... 1
8.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ............................................. 1
8.2 COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT .......................................... 87 ~ - 10 - ~
******************************************************************************************************************* HISTORY:
Adopted June 20, 2011 by Resolution 2011-14
Amended August 6, 2012 by Resolution 2012-41 (Appendix 8.2 added) Amended August 17, 2015 by Resolution 2015-27
Amended January X, 2025 by Resolution 2025-XX
___________________________________
Sue Long Mike Johnson, Mayor
ATTEST:
_____________________________
Linda McGillSiana Emmons CMC, City Clerk
- 11 -
1. LOCAL GOVERNMENT IN FORTUNA
Fortuna was incorporated as a City in 1906, being governed by a City Council. In 1977, the City, by ordinance, established the Council-Manager form of government. Fortuna is a Charter City and the City Council is the governing body. The City Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing charter cities.
1.21.1 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL The City Council shall determine its own policies and procedures and amend them from time to time and/or adopt new ones. Amendment to this manual or adoption of new policies or procedures shall require a majority vote of the council.
1.31.2 COUNCIL-MANAGER FORM OF GOVERNMENT
Under the Council-Manager form of government, citizens elect their Council Members who make decisions which determine the policies of the City.
The City Council is the governing body of the City responsible for establishing policies and programs. The City Council is responsible to see that local policies and laws address both short and long term needs, and that citizens receive a return on their tax investment in terms of efficient City services.
While the City Council establishes policies and programs, it is the responsibility of the City Manager to apply and administer those policies to the day-to-day operations of the City. The City Manager oversees all City operations and is the liaison between the Council and the City staff.
Teamwork between the Council and the Manager is a key element of the Council-Manager plan. The pooling of skills is essential to resolve the many complex problems that face the City today. The Council-Manager plan seeks to enhance the effectiveness of local policy-making and municipal operations.
1.41.2 MAYOR AND CITY COUNCIL MEMBERS
The City of Fortuna is governed by a five-member City Council elected to four-year terms on a staggered basis.
Council Members are elected in the general election in November of even numbered years. After each general election, the City Council elects a Mayor and Mayor Pro Tempore from its own membership.
The Mayor is the presiding officer of the City Council. As presiding officer, the Mayor calls Council meetings to order, announces the order of business as detailed on the agenda, states motions, calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and enforces the Council's rules and parliamentary procedures. When the Mayor is absent at any meeting, the Mayor Pro Tempore shall serve as Mayor. When the Mayor and Mayor Pro Tempore are absent at any meeting of the Council, the next most senior member of the Council as determined by years of service on the Council or, if equal, by the number of votes received in the municipal election in which they were elected shall serve as Mayor.
The Mayor also, with Council approval, signs all ordinances, resolutions, and other records of proceedings approved by the Council. The Mayor has no veto power. The Mayor Pro Tempore serves in the capacity of the Mayor during any absence or incapacitation of the Mayor.
The Mayor and members of the Council are elected to provide leadership in setting goals and in formulating policies.
The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
- 12 -
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
The City Council also serves as Board Members for the Fortuna Successor Agency to the Former Redevelopment Agency (Successor Agency)), the Fortuna Public Financing Authority (FPFA) and the Fortuna Public Improvement Corporation (FPIC), with all meetings being held concurrently. References in this document to the “City Council”, also includes the Council’s role on the Successor Agency, FPFA and FPIC.
1.51.2 THE MUNICIPAL CODE
The Fortuna Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City. Local ordinances adopted by the City Council are codified in the municipal code by the City Clerk. These laws are enforceable by the City, and violation constitutes a misdemeanor or infraction. The municipal code is divided into the following categories:
• General Provisions
• Administration and Personnel
• Revenue and Finance
• Business Taxes, Licenses and Regulations
• Animals
• Health and Safety
• Public Peace, Safety and Morals
• Vehicles and Traffic
• Streets Sidewalks and Public Places
• Utilities
• Cable and Open Video Systems
• Buildings and Construction
• Subdivisions
• Zoning
• Tables
• Index
Other directives and policies of the City Council are recorded in Council resolutions or by minute action of the Council.
2. EFFECTIVE GOVERNANCE
City Council Members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. Effective City Councils understand that a good working relationship with each other and staff is vital for the City to run successfully. Therefore, the City Council acts with integrity, civility, and a high level of professional decorum. City Council members build trust by striving to have a “no secrets, no surprises” approach as the operating norm.
2.1 CHARACTERISTICS OF AN EFFECTIVE COUNCILCharacteristics of an Effective Council An effective Council:
1. Works together as a body, modeling teamwork and civility for our community. - 13 -
2. Follows the legal requirements of the City Charter, Municipal Code, State and Federal law and regulations.
3. Makes decisions that are in the best interest of the City and considers that short term decisions often have long-term consequences.
4. Provides clear direction to the City Manager to ensure clarity of direction, specificity in scope, and mutual understanding.
5. Stays focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
6. Seeks consensus and common ground knowing there are rarely perfect solutions.
7. Respects the governing process and follows implementation of the will of the majority.
8. Disagrees agreeably and professionally, then commits to the decision once made.
9. Utilizes long-range plans to provide big picture context that is realistic and achievable.
10. Represents all residents and knows that a vocal minority does not necessarily reflect the view of a quiet majority
2.2 CHARACTERISTICS OF AN EFFECTIVE COUNCIL MEMBERCharacteristics of an Effective Council Member
An effective Council member:
1. Maintains a citywide perspective toward all of our residents and constituents while being mindful of our districts.
2. Moves from I to we, and from campaigning to governing.
3. Assumes good intent.
4. Demonstrates respect, consideration and courtesy to all.
5. Shares information and avoids surprises.
6. Keeps confidential things confidential.
7. Commits the time necessary to understand issues.
8. Acknowledges their own potential biases, listens with an open mind, and is willing to have preconceived ideas challenged
9. Respects the role and function of the public, city staff, and the City Manager.
10. Respects the Council/Manager form of government and the roles of each party.
11. Communicates concerns about staff in a discrete and respectful manner to the City Manager; does not criticize staff in public.
12. Recognizes that their colleagues were also elected, and all deserve equal levels of respect.
13. Understands that authority rests with the Council as a whole and not with individual Council members.
14. Limits their critique to the idea being proposed and not to the person proposing it, and accepts criticism of a policy or proposal without taking it personally.
15. Respects the expertise of city staff and understands staff’s desire to provide factual, neutral information to the Council.
2. YOUR ROLE AS A CITY COUNCIL MEMBERROLES AND RESPONSIBILITIES
2.2RESPONSIBILITIES
3. 3.1 COUNCIL-MANAGER FORM OF GOVERNMENT
Under the Council-Manager form of government, citizens elect their Council Members who make decisions in a collective manner which determine the policies of the City. - 14 -
The City Council is the governing body of the City responsible for establishing policies and programs. The City Council is responsible to see that local policies and laws address both short and long term needs, and that citizens receive a return on their tax investment in terms of efficient City services.
While the City Council establishes policies and programs, it is the responsibility of the City Manager to apply and administer those policies to the day-to-day operations of the City. The City Manager oversees all City operations and is the liaison between the Council and the City staff.
Teamwork between the Council and the Manager is a key element of the Council-Manager plan. The pooling of skills is essential to resolve the many complex problems that face the City today. The Council-Manager form of government plan seeks to enhance the effectiveness of local policy-making and municipal operations.
3.2 MAYOR, MAYOR PRO TEM AND CITY COUNCIL MEMBERS
The City of Fortuna is governed by a five-member City Council elected to four-year terms on a staggered basis.
Council Members are elected in the general election in November of even numbered years. After each general election, the City Council elects a Mayor and Mayor Pro Tempore from its own membership.
3.2.1 Mayor’s Role
Fortuna’s Charter defines the Mayor’s role and establishes the selection of the Mayor by the City Council, The Mayor’s primary responsibilities include:
1. Presiding at meetings of the City Council by calling The Mayor is the presiding officer of the City Council.
As presiding officer, the Mayor calls Council meetings to order, announces the order of business as detailed on the agenda, states motions, calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and enforces the Council's rules and parliamentary procedures.
2. The Mayor also, with Council approval, signs all ordinances, resolutions, and other records of proceedings approved by the Council. The Mayor has no veto power.
3. Meeting regularly and as appropriate with the City Manager to provide policy guidance relative to the actions of the Council;
4. Recommending City policy, legislation, and programs, subject to approval by a majority of the City Council;
5. Representing the City for ceremonial purposes;
6. Representing the City in intergovernmental relations, personally or by a designated representative with the concurrence of the Council; and
7. Establishing and dissolving limited-term ad hoc committees, subject to the approval of the Council.
3.2.2 Mayor Pro Tem
Fortuna’s Charter defines the Mayor Pro Tem’s role. The Mayor Pro Tem’s primary responsibility is to perform the Mayor’s duties in the Mayor’s absence. When the Mayor is absent at any meeting, the Mayor Pro Tempore shall serve as Mayor. When the Mayor and Mayor Pro Tempore are absent at any meeting of the Council, the next most senior member of the Council as determined by years of service on the Council or, if equal, by the number of votes received in the municipal election in which they were elected shall serve as Mayor.
1. The Mayor also, with Council approval, signs all ordinances, resolutions, and other records of proceedings approved by the Council. The Mayor has no veto power. The Mayor Pro Tempore serves in the capacity of the Mayor during any absence or incapacitation of the Mayor.
3.2.3 CITY COUNCILCity Council
The City Council is the elected legislative and policy-making body of the City government. The Mayor and members of thCity e Council are is elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council - 15 -
and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
The City Council also serves as Board Members for the Fortuna Successor Agency to the Former Redevelopment Agency (Successor Agency)), the Fortuna Public Financing Authority (FPFA) and the Fortuna Public Improvement Corporation (FPIC), with all meetings being held concurrently. References in this document to the “City Council”, also includes the Council’s role on the Successor Agency, FPFA and FPIC.
The City Council is the elected legislative and policy-making body of the City government. The Council is also responsible to the citizens for:
• Hiring the City Manager and the City Attorney.
• Establishing City-wide goals that address short and long range needs. • Formulating policies that define a course of action that shape City operations. • Providing quality services within available resources. • Acting as a representative between the professional staff and local citizens.
City Council Members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. Strategic planning and goal setting are the tools that enable a Council to define their vision and determine methods for accomplishing their goals.
3.2.4 Noninterference with City Manager’s Administrative Role The City Manager’s administrative role is distinct and separate from the City Council’s role. As prescribed by the City’s Charter, neither the Mayor nor any Councilmember shall interfere with the execution of the City Manager’s powers and duties. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative services of the City solely through the City Manager, and neither the Mayor nor any Councilmember shall give orders to any subordinate of the City Manager, either publicly or privately. The City Council may, in the appropriate setting, express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of any department head or employee, but neither the Mayor nor any Councilmember shall in any manner control or demand the appointment or removal of any City department head or employee.
3.2.5 Responding to Public Complaints
It is important that when Councilmembers receive a complaint or inquiry from a member of the public, the Councilmember should acknowledge the requestor’s communication without making promises or jumping to conclusions. As the City Manager’s role is to investigate and resolve these issues with city staff, all complaints should be forwarded to the City Manager for a response. The City Manager will keep the City Council informed regarding administrative actions.
3.2.6 New Councilmember Orientation
Welcoming newly elected Councilmembers and providing them with the appropriate orientation and resources is crucial to developing an effective, cohesive governance team.
1. With the Brown Act limitations in mind, current Councilmembers are encouraged to reach out to newly elected members to welcome them and build productive working relationships.
2. The City Manager will provide a formal orientation for new Councilmembers to:
a. Explain roles and responsibilities;
b. Introduce department heads;
c. Provide practical information such as access to City Hall, security procedures, meeting protocols; d. Study a typical City Council meeting agenda and explain the order of business, consent calendar, business - 16 -
from the floor, and other meeting sections and protocols such as making motions and providing direction to the City Manager and staff during a City Council meeting.
e. Review rules regarding confidentiality, the Brown Act, and gift reporting;
3. Councilmembers shall work through the City Manager to schedule additional meetings with department heads and/or tours of city facilities to gain a better understanding of city services and operations.
4. Attend California Cities Mayors and Council Members Academy. The academy covers the legal, financial, and practical fundamentals for council members as an elected city official, foster relationships with peers.
Sessions also include an update on key legislative issues and an overview of your Cal Cities services.
2.33.3 COUNCIL GOALS
Goal setting requires time, energy, and a well-defined process. Every two years, usually in January following a City Council election, the Council meets with the City Manager and the various department managers in a goal setting/priority projects session to review progress on goals previously set, and defines new goals and objectives for the City. While a myriad of responsibilities consume the limited time and energy of elected officials, there are some definite advantages for engaging in the process:
1. Goal setting gives the Council a basic framework for action. By setting goals and then deciding those that are most important, the Council is defining what it wants to achieve over a given period of time. Otherwise, the Council may find itself floating from issue to issue, crisis to crisis.
2. Goal setting helps the Council spend its time more wisely. When you know what you are trying to accomplish, you can allocate most of your time to important issues.
3. Goal setting gives everyone a chance to share their individual goals and priorities and then work out the differences. The Council ends up with a list of goals to which everyone is committed.
4. Goal setting gives the City Manager clear guidelines to get the job done. It lets the City Manager know exactly what the Council is trying to accomplish as a group. Without clearly defined goals, the City Manager may get conflicting signals and end up not meeting anyone's goals.
5. Goal setting gives the Council and staff, some important budget guidelines. Knowing what programs and issues are the highest priorities will enable staff to have a better idea of how to allocate funds when preparing the budget for Council approval.
6. Goal setting gives the Council an evaluation tool. When goals and priorities are set, the Council has valuable data in hand to determine how well the Council and the City Manager did in achieving the agreed upon goals and priorities.
Goal setting will not solve all the immediate problems, nor guarantee that a crisis will not occur; but it will help you get a better idea of what is happening in the City and allow you to define what you want to happen over the long term.
2.43.4 POLICY AND ADMINISTRATION
A dictionary definition of "policy" states that it is "any plan or course of action designed to influence and determine decisions, actions, and other matters." For a City Council, policy is the business of making decisions about the City.
Examples of policy decisions include:
• The decision to submit to voters a bond measure for capital improvements. - 17 -
• The adoption of an ordinance regulating sewer and water operations. • Approval of land-use policies and implementation procedures. • Decisions concerning projects which involve federal and state grants as well as local expenditures.
In theory, the distinction between policy and administration has been that policy is the process of determining what is to be done, while administration is the process of determining how to do it. A policy is what the Council defines it to be. However, the day-to-day operation of the various departments is administration. In reality, a fine line exists between policy and administration; any issue that is perceived as important or controversial can become a "policy" matter.
The City Council has the final say in major decisions such as: adoption of the budget; acceptance of a new classification and compensation plan; selling a bond issue; or instituting a new project. While it has a dominant role in policy matters, the City Manager, staff and citizens play a prominent role in the development of policies.
The City Council, City Manager, and staff analyze City needs, identify available resources, and suggest courses of action, but the Council has the final say on matters that affect services.
3.5 ATTENDANCE:
Pursuant to California Government Code Section 36513 if a “city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.” Council members are expected to attend all meetings of the City Council. If a Council Member is absent without Council permission from all regular City Council meetings for sixty (60) days consecutively from the last regular meeting he/she attends, his/her office becomes vacant and shall be filled as any other vacancy.
Council members shall inform the City Clerk and/or the City Manager if they are unable to attend a regular scheduled City Council meeting in order to ensure there is a quorum.
3.6 QUORUM:
The City Council consists of five members, one of whom is the Mayor. Three members of the Council shall constitute a quorum and shall be sufficient to transact business. If less than three (3) Council Members appear at a regular meeting, the City Manager may adjourn the meeting to a stated day and hour.
Because the distinction between policy and administration is frequently blurred, tension can result when the City Council, City Manager, and/or staff feels that their area of responsibility is being infringed upon.
Perhaps the best way to prevent conflicts over whether or not something is policy or administration is for the Council and the administrative staff to discuss and attempt to clarify their respective roles and expectations of one another. The result can be a more effective and harmonious partnership.
2.5 SERVICES AND RESOURCES
While the electorate expect high quality local government services at minimum cost, the existing social and economical conditions make this increasingly difficult to achieve. Today's City Council is part of an era that requires a variety of strategies for getting by with less.
- 18 -
In difficult fiscal times, it may be necessary to consider cutbacks, reallocations, trade-offs, program terminations, and re-thinking what services the City should provide. However, the continued charge will be to provide the best level of service with the resources that are available.
2.6 COMMUNICATION/PUBLIC INPUT
Elected officials not only represent their constituents and make decisions on their constituents’ behalf, but they also have the opportunity to communicate with the public.
While some people mistrust government, the City Council can take a leadership role in promoting two-way communication with the public. Citizens’ views can be sought in a variety of ways: public meetings; advisory committees; citizen surveys; and volunteer assistance in City government. Similarly, the Council can express its view by speaking to local civic groups, and working with the press and other news media to provide accurate and upto-date information.
2.71.2 CONSTITUENT REQUESTS
Members of the Council will frequently receive requests or complaints. In most cases, the City staff can resolve these problems. The main thing is for the Council Member to get the basic information, and then pass this on to the City Manager for appropriate action. The key to answering constituent requests is to be specific in what the Council Member will do, i.e., promise a timely response, or look personally at the problem, while avoiding a commitment to “fix anything.”
4. COMMUNICATION PROTOCOLS
4.1 COMMUNICATION BETWEEN THE CITY COUNCIL AND THE CITY MANAGERCommunication between the City Council and the City Manager Fortuna’s council-manager form of government directs the City Council to communicate with the City Manager on all matters related to City operations, and City Council members are therefore encouraged to contact the City Manager with questions about city operations or issues. The City Manager will obtain the requested information or direct the appropriate staff member to assist. When an individual City Council member seeks information that the City Manager believes may be of interest or use to other City Council members, the City Manager may share that information with the entire City Council to keep all members equally informed. The City Council should be aware that the City Manager may not readily share some items due to employment law, privacy rights, investigations, etc.
Agenda review sessions with the City Manager can be individually scheduled by City Council members in advance of each City Council meeting. City Council members are strongly encouraged to ask questions about agenda items in advance of the meeting and/or during their agenda review session, as this allows staff time to perform additional research if necessary before the Council meeting. City Council members are welcome to ask the questions again at the Council meeting to benefit other Council members and the public.
4.1.1 Direction to City Manager at City Council Meetings In providing direction to the City Manager and staff during City Council meetings, the City Council should ensure that direction and motions provide unambiguous policy direction, including specificity and scope of the desired action. If a motion seems unclear, City Council members should ask for clarification to be sure all agree on the proposed direction.
4.2 COMMUNICATION BETWEEN CITY COUNCIL MEMBERSCommunication between City Council Members
- 19 -
City Council Members should treat each other with dignity and respect and observe a high level of professional decorum both on and off the dais. This respectful approach supports a productive sense of camaraderie and sets an example for civil decorum in City Council
meetings.
4.2.1 Brown Act
The California open meeting law, commonly known as the "Brown Act," requires all City Council meetingsdeliberations to be open to the public (subject to a few limited exceptions), meaning that all City Council discussions, deliberations, and actions must occur at an open and publicized meeting (subject to a few limited exceptions that allow for closed session discussions). A meeting is defined as any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, and deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Accordingly, meetings or discussions between three or more members of the Fortuna City Council could violate the Brown Act if such meeting is to discuss any matter within thein which any subject matter within the jurisdiction of the City Council (e.g., City parks and recreation programs, budget, staffing, streets and traffic, public improvements, or private development projects, etc.) without first complying with agenda posting and noticing requirements of the Brown Actmust take place at an open and publicized meeting.
Meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device (for example, telephone conversations, text messages, social media postings, etc.) through which a majority of the City Council discusses, deliberates, or acts on an item of business outside of a noticed meeting.
These types of meetings are called “serial meetings” and are unlawful. Communication technologies present particular Brown Act challenges. For example, standard email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by a majority of the Council members in an internet chatroom, social media format, a Facebook page posting, or blog dialogue.
Particular care should be given by Council Members to ensure that deliberations on matters within the subject matter jurisdiction of the City should be done in an open, public, and transparent manner. If a Council Member is concerned as to whether he or she may participate in or begin a discussion, the Council Member should contact the City Manager for guidance.
4.2.2 Social Media
City Council members should use the same professionalism and sound judgment exercised in public meetings when communicating on social media. Beyond standards of professionalism, City Council members should also be mindful of legal restrictions on their social media activity.
In 2020, State legislation (AB 992) amended the Brown Act to address public officials' use of social media, and two particular elements are essential to keep in mind. First, AB 992 clarifies that a public official may have their own separate conversation on social media platforms to answer questions, provide information to the public, or solicit information from the public regarding a matter within the legislative body's subject matter jurisdiction. However, the use of social media may become an unlawful serial meeting if a majority of the Council express their views on the same post, including commenting, or even using digital icons that express reactions (i.e., emojis, "liking", thumbs up, thumbs down, etc.).
Key Point: A City Council member may have their own conversation on social media about a matter within the City Council's subject matter jurisdiction. However, Council members should refrain from commenting on social media posts made by others to avoid the opportunity for a serial media to occur.
Secondly, AB 992 goes further by prohibiting a member of a legislative body from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. In other words, if a public official posts a comment in response to another public official's social media post about an - 20 -
agency issue, that could be a Brown Act violation under AB 992 (assuming both public officials serve on the same legislative body). AB 992 covers commonly used social media platforms such as Facebook, Instagram, Snapchat, Twitter, blogs, TiKTok, and Reddit.
Key Point: Be careful not to comment on another City Council member's posting on social media, including posting comments, retweeting, "liking," "disliking," responding with positive or negative emojis, and reposting. Violations of the Brown Act can potentially lead to invalidation of future City Council actions, payment of a challenger's attorney fees, and even criminal prosecution for the offender.
4.3 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS AND THE
PUBLICCommunication between City Council Members and the Public Speaking for "the City" versus speaking as a private individual. Council Members do not, by virtue of being elected to the Council, give up their right to comment on public policy issues, even if their position differs from the views held by their fellow Council Members.
It is, however, important to differentiate when a Council Member is communicating in his or her official capacity as a Council Member (i.e., speaking for the City) versus speaking in his or her personal capacity.
A Council Member speaks in an official capacity in two situations, as follows: (i) when authorized by the Council to speak on behalf of the City or (ii) when speaking at official City functions (e.g., State of the City Address).
When speaking in an official capacity, the Council Member should represent the Council’s collective position on an issue, even if that position differs from the Council Member’s stated or unstated position. When presenting the Council’s collective position, a Council Member is free to mention that he or she voted against the particular action, but, in all other respects, the Council member should well represent the official position without criticism.
When a Council Member is speaking in his or her personal (non-official) capacity at community events or non-City public meetings, it is important that the Council Member preface any remarks by noting that he or she is commenting in his or her personal capacity and not on behalf of the City Council. Even then, while not unlawful to criticize the City or Council colleagues, it is a well-accepted best practice to remain respectful of differing viewpoints and avoid ad-hominem attacks.
Safeguarding Confidential, Sensitive and Closed Session Information. Confidential or sensitive City information, including closed session materials and discussions, shall not be disclosed in any circumstances, including via electronic communication.
4.4 CONSTITUENT REQUESTS AND CORRESPONDENCEConstituent Requests and Correspondence
Members of the City Council may be called upon to write letters to residents, businesses, or other public agencies.
Typically, the Mayor will transmit the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents to respond to inquiries or provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. Requests for assistance should be made to the City Manager.
On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or has no position. In these circumstances, members should indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as a private citizen or as one member of the Council. Council Members should avoid expressing opinions that could be perceived as biased or creating an appearance of bias when communicating about a matter that has the potential of coming before the Council for - 21 -
action. This is particularly true on adjudicatory matters (as opposed to legislative matters) when the Council will be asked to resolve a dispute (or appeal) between two sides (e.g., appeal of a land use permit).
After the City Council has taken a position on an issue, official City correspondence related to the issue should reflect this position. Similar to verbal communication standards, a City Council member who disagrees with the majority opinion may express their position by indicating that, "While I voted against 'X,' the City Council voted in support of it." In addition, City letterhead and staff support cannot be utilized for any personal purpose or in the Council Member's own campaign, including letters of commendation.
CONSTITUENT REQUESTS
Members of the Council will frequently receive requests or complaints. In most cases, the City staff can resolve these problems. The main thing is for the Council Member to get the basic information, and then pass this on to the City Manager for appropriate action. The key to answering constituent requests is to be specific in what the Council Member will do, i.e., promise a timely response, or look personally at the problem, while avoiding a commitment to “fix anything.”
4.5 REPRESENTING THE CITY ON REGIONAL AGENCIESRepresenting the City on Regional Agencies
City Council members are assigned to represent the City on a variety of regional agency boards and commissions.
Active participation by City Council members on regional agencies ensures the City's interests are adequately represented, advances Fortuna’s standing in the region, and allows City Council members to gain additional experience while developing connections with leaders from other jurisdictions. City Council members should exhibit the same dedication to regional agency meetings as they do to Council meetings through regular attendance, knowledge of the agenda, and engagement in policy discussions. If a City Council member is unable to attend a meeting, they should advise the
alternative representative.
Assignments to regional agencies are generally proposed by the Mayor and require the concurrence of the City Council. Care should be taken to distribute the workload as evenly as possible and capitalize on subject matter expertise. Keeping regional assignments as consistent as possible year-to-year maintains the City's knowledge and seniority on regional agency.
Council meetings provide an opportunity to "report out" on regional activity so that all City Council members, staff, and the public are fully informed. The proactive sharing of activities contributes to the collaborative nature of the City Council's work and respects the role of all members. Importantly, this sharing of information honors the standard that no single City Council member "owns" a particular issue or effort. It also reinforces the notion that all members have an equal voice and standing on all matters affecting the City.
3.5. CODE OF ETHICS
3.25.1 PREAMBLE
The residents and businesses of Fortuna are entitled to have fair, ethical, and accountable local government. Such a government requires that:
• Public officials comply with both the letter and spirit of the laws and policies affecting operations of the government;
• Public officials be independent, impartial, and fair in their judgment and actions; - 22 -
• Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the City of Fortuna City Council adopts this Code of Ethics to encourage public confidence in the integrity of local government and its operation.
3.35.2 PUBLIC INTEREST
Council Members will work for the common good of the people of Fortuna and not for any private or personal interest, and they will endeavor to treat all persons, claims, and transactions in a fair and equitable manner.
Council Members shall comply with the laws of the nation, the State of California, and the City in the performance of their public duties.
3.45.3 CONDUCT
It is the policy of the City of Fortuna that the members of the Fortuna City Council conduct themselves individually and as a council so that all matters related to the City are conducted in an open, fair, responsible and impartial manner, that all City business be conducted in an orderly and efficient manner, that all governmental policies be made in the proper channels of the government structure, that public offices not be used for personal gain and that the public have confidence in the integrity of its government. Therefore, the following Rules of Conduct shall be observed by each City Council Member.1
3.4.1 City Manager Form of Government:
The Council affirms Chapter 2.08 of the Fortuna Municipal Code which provides that the City Manager is the administrative head of the City government and that only the City Manager is authorized to give direction to members of the City Staff.
3.4.25.3.1 Influence:
Council Members must recognize that it is important for City Staff, Commissions and Committees to be able to make objective recommendations on items related to the City. Council Members must be certain that any opinions expressed to members of Staff, Commissions and Committees are clearly identified as individual personal opinions, unless official Council action has been taken on the subject in question.
3.4.35.3.2 City Representation:
Council Members, simply by being Council Members, are at all times viewed as representatives of the City. The conduct of Council Members is a direct reflection on the City and members should conduct themselves accordingly.
Except where specifically authorized by City Council action or for purely ceremonial purposes, no City Council Member should make any statement or appearance or indicate in any way that he or she is representing the city.
3.4.45.3.3 Confidential Matters:
At times matters will come before the City Council which should be kept confidential, such as employee discipline, legal matters, salary negotiations and other matters properly handled in closed meetings. Council Members shall keep such information confidential.
3.4.55.3.4 Conflict of Interest:
Council Members shall abstain from any action which may cause a conflict of interest as defined by State Law,
1. Original Council Policy adopted March 16, 1998, amended and adopted into this document June xx, 2011. - 23 -
including accepting employment which is incompatible with the proper discharge of official duties, or using the office of City Council in any manner to induce any person or entity to provide anything of value or benefit to themselves or any other person.
3.4.65.3.5 Conduct at Meetings:
It is common, that Council Members may differ on matters and that such differences will be debated. The debate should be limited to the issue and each Council member should refrain from making personal or derogatory remarks.
Council Members shall base their decisions on the merits and substance of the matter submitted for review.
Council Members shall publicly share substantive information that is relevant to a matter under consideration that they may have received ex parte; that is, received from sources outside of the public decision-making process. This insures that all parties, the council, staff, and public, are acting on the same information.
Council Members shall inform themselves on public issues; listen attentively to public discussions before the body; and focus on current business issues.
Council Members shall refrain from campaigning or calling for public action against Council Members during council meetings. Any Council Member who does so is considered out of order and the mayor shall take appropriate action.
Council Members shall refrain from requesting that an item be placed on the agenda after two previous requests have been rejected or denied by consensus or formal vote of the Council.
Any Council Member may move for the Mayor to enforce the parliamentary procedures, and/or the Policies & Procedures Manual of the City Council. A majority vote of the Council shall require the mayor to so act.
3.4.75.3.6 Council Committees:
From time to time the City Council forms committees of two Council Members. The role and responsibilities of these Council committees shall be determined in an open and public session at the time they are formed.
3.4.85.3.7 Compliance with Intent of Council Conduct Code:
Staff members concerned regarding the propriety of City Council member’s interaction with them should confidentially discuss their concerns with the City Manager who shall report to the Mayor. If the Mayor is the Council member in question, the City Manager will report to the Mayor Pro Tem. The Mayor or Mayor Pro Tem shall then confidentially address the issue with the involved Council member so as to assure compliance with the intent of this code. Issues not resolved in this private conference should be brought to the City Council as an agenda item. Issues arising from Council Members themselves shall be addressed directly through the Mayor or the Mayor Pro Tem if the Mayor is the Council Member in question. The process from this point will be the same as described above.
Council Members shall perform their duties in accordance with the policies, processes and rules of order established by the City Council.
3.55.4 CONFLICT OF INTEREST
3.5.15.4.1 Applicable Law.
There are several laws and legal principles that prohibit public officials from acting in situations in which they might have a conflict of interest. These include Government Code Section 1090 prohibiting contracts in which the official has a financial interest and the doctrine of incompatible offices, which prohibits an official from holding two offices at the same time if doing so might create a clash of loyalties.
Even broader in scope, voters in 1974 approved the Political Reform Act.
The statutes (the Political Reform Act of 1974) provide that certain municipal officers must disclose their “economic - 24 -
interests” periodically on forms provided by the Fair Political Practices Commission (FPPC). These municipal officials are members of the City Council (including the Mayor), members of the City Planning Commission, the City Manager, the City Treasurer, and the City Attorney.
Statements of Economic Interests are submitted by these officials to the City Clerk who makes and retains a copy of each statement and forwards the original to the FPPC in Sacramento.
In addition, the City is required to determine which of its other officials, committee members, and employees perform duties that involve potential conflicts of interest. The City has adopted a resolution outlining those positions, called “designated employees.” These employees are required to disclose their economic interests. A copy of the Political Reform Act, as amended, is available for review in the City Clerk's office.
Conflict of interest is a complex issue. Council Members should carefully consider and monitor “gifts” from any person or organization whether the gift is financial support, loans, event tickets, or meals. Many of these gifts may need to be reported and may present a conflict of interest when considering and/or voting on projects or issues related to the person presenting the gift. Questions relating to conflict of interest should be directed to the City Attorney or your personal attorney.
The rules relating to conflicts of interest are set forth in the Political Reform Act (PRA) (Government Code Sections 81000 and following) and case law. They are complex and not necessarily intuitive. The consequences of violating the rules can be severe, including substantial monetary penalties and possible criminal prosecution to individual Council Members.
3.5.25.4.2 Sources of Assistance.
The Fair Political Practices Commission (FPPC) is the state agency that administers the PRA, issues regulations, gives conflict advice, and enforces the rules. The FPPC also provides a “hotline” that a Council Member may call for informal advice. The City Attorney is available for consultation, but the City Attorney’s advice on conflicts matters cannot provide a Council Member with any immunity from prosecution. Further, since the City Attorney represents the City Council as a body, any discussions or advice given by the City Attorney to any individual member of the Council will be shared with the full Council. Most conflict of interest questions ultimately turn on whether it is reasonably foreseeable that the decision will have a “material financial effect” on the Council Member’s economic interest. Municipal attorneys generally do not advise public officials as to whether a material financial effect would exist unless the answer is absolutely certain based upon applicable regulations. While the City Attorney may have his or her own opinion as to whether or not a material financial effect will be present, it is ultimately up to the Council Member to determine this issue. Only a formal written opinion from the FPPC provides immunity from prosecution for violations of the conflict of interest rules. The City Attorney is available to assist with preparing a request for a formal opinion.
3.5.35.4.3 Identifying Conflicts
It is the responsibility of each Council Member to identify, disclose and declare his or her conflict before action is taken on a matter. If possible, the conflicted Council Member should notify staff prior to the council meeting at which the matter will be heard, to ensure the presence of a quorum. Staff will attempt to assist with identifying obvious conflicts, but the ultimate responsibility is with each Council Member.
3.5.45.4.4 General Rules
Council Members shall not use their official positions to influence government decisions in which they have a financial interest, or where they have an organizational responsibility, or personal relationship that would present a conflict of interest under applicable State law. As required by law, Council Members declaring a conflict of interest shall recuse themselves and leave the Council Chambers. - 25 -
In accordance with the law, members shall file written disclosures of their economic interests and, if they have a conflict of interest regarding a particular decision, refrain from participating in that decision, unless otherwise permitted by law.
Council Members shall not take advantage of services or opportunities for personal gain, by virtue of their public office that are not available to the public in general, nor shall they use public resources not available to the public for private gain or personal purposes. They shall refrain from accepting gifts, favors, or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.
Council Members shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
Council Members shall not appear on behalf of private interests of third parties before the City Council or any board, commission, committee or proceeding of the City.
Council Members shall represent the official policies and positions of the City Council to the best of their ability.
When presenting their personal opinions and positions, members shall explicitly state they do not represent the Council or the City.
Council Members shall refrain from using their positions to unduly influence the deliberations or decisions of City commissions, boards or committees.
A public official who has a financial interest in a decision shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required.
b. Recuse himself/herself from discussing and voting on the matter, or otherwise acting in violation of the Political Reform Act.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. d. Notwithstanding paragraph c, a conflicted public official may speak on the issue during the time that the general public speaks on the issue when he or she appears solely to represent himself or herself on a matter related to his or her personal interest. Personal interests are interpreted to include, but are not limited to:
i An interest in real property that is wholly owned by the official or members of his/her immediate family. ii A business entity wholly owned by the official or member of his or her immediate family. iii A business entity over which the official exercises sole direction and control, or over which the official and his/her spouse jointly exercises sole direction and control.
4.6. SALARIES
4.26.1 SALARY AND REIMBURSEMENT
The Council, in accordance with Government Code Section 36516, sets the salary for the City Council. City Council - 26 -
Members are paid $300/month for City matters (Section 2.04.050 of the City Code).
The City does not participate in Social Security; part-time employees are not eligible to participate in PERS and are enrolled in a Federal Insurance Contributions Act (FICA)-alternative retirement program. City Council Members will pay the Medicare portion of Social Security and the City contributes 4% and the Council Member contributes 3.5% towards the FICA-alternative retirement plan. 2
In addition, Council Members may be reimbursed for actual expenses while performing official duties.
4.36.2 BENEFITS
The following benefits are available to City Council Members:
3 4.3.16.2.1 Group Health Insurance
The City offers an excellent health, dental and vision care, and life insurance plan for its employees.
City Council Members may purchase health insurance at their own expense while in office and under certain circumstances after they leave office. The following was adopted by Resolution 95-08 on April 17, 1995:
1. City Council Members, while they are in office, who wish to enroll in Redwood Empire Municipal Insurance Fund’s (REMIF) health and welfare plan at their own expense are hereby authorized to purchase health, dental, vision, and life insurance benefits in accordance with Section 53201 through 53205 of the California Government Code.
2. City Council Members, after they leave office, who wish to enroll in REMIF's health and welfare plan at their own expense, are hereby authorized to purchase health, dental, vision, and life insurance benefits in accordance with Sections 53201 through 53205 of the California Government Code.
4.3.26.2.2 Training, Meetings, Conferences
The City allocates funds for training, meetings, and conferences in which the Council Members may wish to participate. Among these are the quarterly meetings of the Redwood Empire Division of the League of California Cities, the League of California Cities Annual Conference, the annual Mayors and Council Members Executive Forum, and other local meetings. Council Members are encouraged to participate in these meetings and conferences.
All travel and training expenses are subject to the policies and procedures set forth in the City Administrative Policy Manual.
5.7. CONDUCT OF CITY COUNCIL MEETINGS
5.17.1 PARLIAMENTARY PROCEDURE
Parliamentary procedure is a set of rules that regulate and standardize how the City Council conducts its business.
It is the policy of the Fortuna City Council that, unless otherwise required by State law or other regulation, all City Council meetings shall be conducted under Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (Appendix A-1).
However, no ordinance, resolution, or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the City Council to observe or follow such rules.
2. Original Council policy adopted December 1995, amended and adopted into this document June xx, 2011.
3. Original Council Policy adopted April 17, 1995, amended and adopted into this document June xx, 2011, - 27 -
Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this document.
These rules in affect shall be in accordance with state law and as set forth below.
The following summarizes the most frequently used actions:
a) Council Members and Staff shall
1. Work earnestly to preserve appropriate order and decorum during all meetings.
2. Discourage side conversations, disruptions, interruptions or delaying efforts.
3. Ensure that all discussion relate to the subject matter at hand and be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the Council.
4. Agree to disagree but be respectful of one another.
5. Not engage in any abusive or vulgar language and shall avoid any personal attacks on any other member of the City Council, staff, or the public; nor shall they publicly impugn the integrity, honesty or motives of such individuals.
6. Inform the Presiding Officer when departing from a meeting. b) While the Council is in session, all persons shall preserve order and decorum. Any person making personal, impertinent, or slanderous remarks or demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Ralph M. Brown Act (Brown Act)4
.
c) Only the City Council, Staff, Advisory Body Chairs or designated representatives and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. d) Enforcement of Order
1. Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Office shall be required to do so.
2. Upon instructions from the Presiding Officer, it shall be the duty of any police officer present to eject from the Council Chambers any person in the audience who uses boisterous or profane language or any person who interrupts and refuses to keep quiet or take a seat when ordered to do so by the presiding officer or otherwise disrupts the proceedings of the Council.
5.27.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL5
1. The person must be clearly recognized by the Mayor and is to approach the podium and microphone before speaking.
2. He/she is encouraged to clearly state his/her name for the record.
3. All comments shall be addressed to the City Council. All questions shall be placed through the Mayor.
4. Speakers addressing the City Council will be limited to three minutes per speaker, or such a time as the
4. California Govt. Code 54950, et seq.
5. Original Council Policy adopted November 16, 1993, amended and adopted into this document June xx, 2011. - 28 -
presiding officer prescribes.
5. All exhibits and documents used by speakers shall be given to the City Clerk for distribution to the Council and staff.
6. We disagree, but will be respectful of one another. All comments will be directed to the issue at hand, and addressed to the City Council. Personal attacks are unacceptable.
7. All questions or rebuttal will be through the Mayor.
8. If there are numerous people in the audience who wish to participate on an issue, and it is known that all represent the same position, a spokesperson should be selected to speak for the entire group. The spokesperson will therefore have the opportunity of speaking for a reasonable length of time and of presenting a complete case.
9. To avoid unnecessary cumulative evidence, the Mayor may limit the number of witnesses or the time of testimony on a particular issue.
10. Irrelevant and off-the-subject comments will be ruled out of order.
5.37.3 TYPES OF COUNCIL MEETINGS
All meetings, regular, special, or closed sessions must be conducted within the geographical boundaries of the governing body’s jurisdiction, unless specifically exempted.
5.3.17.3.1 Regular Meetings
The Fortuna City Council holds regular meetings on the first and third Monday of each month at 6:00 p.m. The Brown Act requires that public notice be given at least 72 hours before the meeting indicating the time and place of the meeting. An agenda of each meeting is posted in three public places6 .
Regular meetings may be adjourned to a specified time and place. A regular meeting cannot be adjourned past the next regular meeting date.
Regular City Council meetings are televised by Access Humboldt and aired live on public access cable television. A schedule for rebroadcast airings can be found on www.accesshumboldt.org. A link to City Council video is provided on the City’s website, www.friendlyfortuna.com.
5.3.27.3.2 Special Meetings
The City Council can call special meetings to review and discuss specific topics. Special meetings also include workshops and study sessions which give the Council the opportunity to review items that require more in depth study than time allows on the regular evening meeting agenda, and to receive informational reports on items that require no formal action.
Members of the City Council and local news media must receive notices of special meetings at least 24 hours prior to the time of the meeting. The notice must specify the time and place of the special meeting and the business to be transacted or discussed.
Regular ordinances may not be adopted at special meetings; only urgency ordinances may be adopted at such meetings. Items not listed on the agenda shall not be considered at the special meeting.
6. City Hall, the Chamber of Commerce, and River Lodge
- 29 -
5.3.37.3.3 Adjourned Meetings
The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a specified time and place.
A notice of adjournment shall be posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment and include the specified time and place the adjourned meeting will be held.
Noticing of adjourned meetings shall follow the requirements set forth in section 5.3.2 of this document.
5.3.47.3.4 Closed Session
Closed sessions may be held to discuss certain matters specified by law, including:
• Personnel matters to consider the appointment, employment, performance, or dismissal of a public employee; • Matters of national and public safety;
• Labor negotiations;
• License applications by persons with criminal records; • Real estate negotiations;
• Pending litigation;
Closed sessions are attended by the City Council, City Manager, City Attorney (as required), appropriate management staff, and occasionally by a special consultant or attorney depending upon the matter under discussion. Closed sessions are not open to the public. Matters discussed during closed session are confidential and may not be discussed with anyone outside of the closed session or during a public meeting. Violations of the closed session confidentiality requirement could put the City in a perilous position with respect to litigation and represent a violation of the law7 for the person violating the confidentiality requirement.
If any final decisions are made in the closed session meeting, the agency must reconvene in open session where it may be required to report the specific votes and actions taken by the agency.
5.3.57.3.5 Emergency Meetings
When an emergency, including but not limited to an earthquake, flooding, or fire occurs, an emergency meeting may be called by the City Council with a one-hour notice to its members and local news media.
The City Council may not meet in closed session during an emergency meeting. Except for the 24-hour notice requirement, the special meeting requirements set forth in section 5.3.2 of this document shall apply in emergency meetings.
5.3.67.3.6 Budget Workshops:
Every year, the City Council holds budget workshops to review funding allocations for the goals and objectives outlined by the City Council.
Requirements set forth in section 5.3.2 shall apply to Budget Workshops.
7, California Govt. Code 54950, et seq.
- 30 -
5.47.4 MINUTES AND RECORD KEEPING
The minutes serve as a source of information for the Council and for the public. Meeting minutes are required to include the following information:
• Members present;
• Motions, proposals, resolutions, orders, ordinances, and other items of business and their disposition; • Results of all votes and, in the case of a roll call vote, the vote of each member by name.
The minutes of the City Council meetings shall be kept by the City Clerk and shall be recorded in a file kept for that purpose with a record of each particular type of business transacted by the Council set off in paragraphs with subheadings.
The minutes may include a record of the names of persons addressing the Council during public comment, and a brief statement of the subject to which their remarks related.
Minutes of the City Council are “Action Based” minutes, and do not include a verbatim transcript, only motions and votes are shown on the record. Such minutes shall be submitted to the Council for approval and/or correction in draft form at a subsequent meeting.
It is the policy of the City Council that only members of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority vote of the City Council.
Council Members having only typographical corrections to the minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. As a time saving measure, even full correction items may be written ahead and passed to the City Clerk before the meeting. All changes/corrections to the minutes require Council approval.
The City Clerk is responsible for recording, preparing, and filing Council minutes. Minutes of Council meetings are available for review in the City Clerk's office and on-line at www.friendlyfortuna.com.
5.57.5 AGENDA
The City Manager is responsible for preparation of the City Council agenda; however, the City Clerk’s department is responsible for the actual gathering and copying of the agenda packet.
The agenda is a listing and synopsis of each business item the Council will consider during its meeting. The City Clerk makes the agenda available at every regular meeting.
The agenda and relevant background materials are available at City Hall on Friday before the scheduled Monday Council meeting or on-line at www.friendlyfortuna.com.
5.5.17.5.1 Placing Items on the Agenda
In order to facilitate the orderly conduct of the business of the citizens of Fortuna, the City Manager, with input from Department Heads and the City Attorney, shall set the agenda, reviewing same with the Mayor. Each member of the Council shall be provided with a copy of the City Council agenda in accordance with the provisions as outlined in the Brown Act. In order for this to occur the City Clerk shall provide deadlines for the submittal of staff reports to be used in the preparation of the City Council agenda.
Council Members may, at a regularly scheduled meeting, request items to be placed on future agendas during the - 31 -
Future Agenda Items portion of the Council meeting by Council consensus. The Council Member referring the item may provide a brief description of the subject to be printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda.
5.5.27.5.2 Order of Agenda Items
The agenda format for the Fortuna City Council regular meetings (first and third Mondays) may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected:
Call to Order/Flag Salute
1. Roll Call
2. Public Comment
3. Presentations, Recognitions, Proclamations
Consent Calendar\
4. Report of Disbursements
5.1.Consent Calendar
6.5.Regular Business Items/Public Hearings
7.6.City Manager’s Report
8.7.Future Agenda Items
9.8.Council Reports and Communications
10.9. Oral Comments (for closed session, as needed)
11.10. Closed Session (as needed)
11. Adjournment
7.5.3 City Council Meeting Steps:
For most agenda items, the following sequence of steps will occur:
1. Staff presentation
2. Questions from the City Council
3. Public hearing or public comment (depending upon the nature of the item)
4. Motion or proposed direction to staff (see below for more detail regarding motions)
5. Discussion by the City Council
6. Vote on motion, or verbal expression of consensus
Certain hearings (such as utility rate increases, etc.) may require additional procedures, and the City Attorney will provide appropriate instructions to guide the City Council’s sequence of steps in those instances.
Making and Seconding Motions
Direction is given by the City Council through motions, which are verbal tools to focus discussion on proposed action and, eventually, to memorialize City Council direction. A motion supports orderly deliberation and ensures all voices are heard.
Motions should begin with “I move . . .” to make it clear that this is a motion for action. Most staff reports contain staff’s suggested motion-ready language within the “recommendation” section at the beginning of each staff report, but City Council members may make any desired motion. Motions require another City Council member to “second” the motion, which indicates there is interest in taking action on the motion.
Motions are seconded by verbalizing “I second the motion”. Any City Council member or the Mayor may make or second a motion.
- 32 -
Before the Mayor asks the City Clerk to call the question, the City Council may continue to discuss and deliberate on the merit of the motion. The maker of a motion has the right to speak so the City Council understands the basic premise of the motion, and to address any argument or opposition to the motion.
The most commonly used motions are:
Motion Type Action Accomplished Language
Main/Original motion The first motion made which
proposes action
“I move that….”
Amending a motion Either adds or subtracts to the
preceding motion
“I move that the motion be amended
by…”
Refer to a commission, committee
or ad hoc
Refers the matter to a commission,
committee or ad hoc
“I move that the issue be referred to
the [appropriate commission]”
Continue or Postpone Continues or postpones action to a future date (this can be to a date
certain, or off-calendar to indicate
open-ended continuation)
“I move that the issue be [continued
to [specific date or off-calendar]”
Previous Questions Ends discussion and compels a vote “I move the previous question” Limit Debate Re-focuses lengthy or off-topic
discussion, without blocking further
discussion
“I move to limit discussion to [time
limit or topic]”
In addition, a “point of order” question serves to bring discussion that has detoured away from meeting norms back to conformance with proper procedures. The Mayor or any City Council member may call a point of order.
5.67.6 AGENDA ITEMS
5.6.17.6.1 Call to Order
The Mayor will call the meeting to order at 6:00 p.m. and ask that audience members turn off pagers and/or cell phones while in the Council Chambers.
5.6.27.6.2 Public Comment
Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Oral Comments from the Public” when that item is called by the Mayor. Each person is entitled to speak on any non-agendized item only once at any meeting. Speakers addressing the City Council will be limited to three minutes per speaker, or such a time as the presiding officer prescribes. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas as described in 5.5.1 of this document, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.
Once public comment has been closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
5.6.37.6.3 Presentations, Recognitions, Proclamations
Presentations, recognitions and proclamations shall be scheduled as necessary in recognition of persons or groups, for the promotion of an event or service or general information items to the Council. Requests for - 33 -
Presentations must be submitted to the City Clerk in advance of the agenda deadline. The City Manager shall request approval from the Mayor as to the appropriateness and scheduling of such presentations. Upon approval by the Mayor, the City Clerk will then coordinate the presentation with the requesting party in order to schedule the item on any given agenda. The requesting party determines whether or not he/she will be present for acceptance of such presentation and if not present, the item will be placed under the Consent Calendar of the agenda.
5.6.47.6.4 Report of Disbursements
This is an oral report of disbursements for the City and Successor Agency processed through the date of the meeting at which they are reported. No action is required for this item. This topic is on the agenda to satisfy the annual audit requirement demonstrating that the City council is made aware that the financial obligations of the city are being paid on a regular and routine basis.
5.6.57.6.5 Consent Calendar
Those items on the Agenda which are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the Consent Calendar. These items so listed shall be approved, adopted, and accepted. by one motion of the Council.
Council Members may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration.
At the request of any Council Member a Consent Calendar Item shall be considered separately in the order of the agenda following approval of the remaining “Consent Calendar”.
5.6.67.6.6 Regular Business Items/Public Hearings
Regular Business items are those reports brought forth for Council consideration and/or approval that are not public hearings.
Public Hearings can be legislative or quasi judicial and may be required on certain items as prescribed by the municipal code or by state or federal law. Legislative decisions generally involve fundamental policy questions of jurisdiction-wide concern; legislative decisions also can involve changes in existing law to govern future situations.
Public hearings usually require adoption of an ordinance, resolution or other action by the Council.
Public Comment will be sought on each regular business item and public hearings.
Once a public hearing/public comment has been closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor. However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
5.6.77.6.7 City Manager’s Report
The City Manager’s Report portion of the meeting agenda provides an opportunity for the City Manager to report on items of interest, status reports on significant projects, updates on events or meetings they participated in, and provide acknowledgement to citizens or individuals.
The City Manager’s Report can be presented in Staff Report format or may be done verbally.
5.6.87.6.8 Future Agenda Items
Future Agenda Items is a brief list of items to be considered by Council at upcoming Council meetings and serves as an opportunity for Council Members to request items to be placed on a future agenda as described in section 5.5.1 of this document.
5.6.97.6.9 Council Reports and Communications
The purpose of this time is to allow Council Members the opportunity to provide a brief update or share information - 34 -
regarding a particular matter.
Examples of appropriate communications would be information of general interest received from outside agencies, comments or inquiries received from individuals and reports on meetings attended and other items of community interest. This time is not intended for action items.
Council Members shall govern themselves as to the length of their comments. The Mayor has the responsibility to assist Council Members in keeping their comments brief.
State law8 provides that Council can take action only on such matters that have been properly noticed in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non-agendized items is not allowed.
5.6.107.6.10 Public Comment (before Closed Session)
Members of the Public may be heard on any item under the Closed Session. Speakers addressing Council will be limited to three minutes per speaker, or such a time as the presiding officer prescribes. Be advised that, by law, neither the City Council nor the Board is able to discuss, deliberate or take action on issues presented during Closed Session Oral Comments.
5.6.117.6.11 Closed Sessions (as needed)
The Brown Act requires all council action to be discussed and taken in open session, except for specified and limited exceptions such as personnel matters, real property negotiations, and pending or threatened litigation.
ALL MATTERS DISCUSSED IN CLOSED SESSION ARE CONFIDENTIAL.
Closed Sessions are held at the end of the regular Council meeting and, if needed, can be continued to the next regular meeting.
A. City Council Members shall consider all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager.
B. If the City Council in closed session has provided direction to the City Manager or City Attorney on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, and/or employee negotiations, all contact with the other party and/or attorney shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation. No Council Member shall have any contact or discussion with the other party or its representative involved with the negotiation, claim or litigation during this time, nor shall any Council Member communicate or disclose any discussion conducted or information received in closed sessions. All public statements, information and press releases shall be handled exclusively by the designated spokesperson.
5.6.127.6.12 Adjournment
Adjournment of a meeting is customarily by motion of the City Council or can be accomplished by unanimous consent and the Mayor simply declares the meeting adjourned. A motion to adjourn to another time can be done similarly, but is debatable only as to the time to which the meeting is to be adjourned.
5.77.7 TYPES OF COUNCIL ACTIONS
8. California Govt. Code 54950, et seq.
- 35 -
5.7.17.7.1 Consent Calendar
Those items on the Agenda which are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the Consent Calendar. These items so listed shall be approved, adopted, and accepted. by one motion of the Council.
At the request of any Council Member a Consent Calendar Item shall be considered separately in the order of the agenda following approval of the remaining “Consent Calendar”.
Typical Motion: “I move that Consent Calendar items x - xx (with the exception of items which have been removed) be approved as received.”
The Mayor confirms the motion and the second before calling for the vote.
A second to any motion must be received before a motion may be voted on.
5.7.27.7.2 Ordinances
Ordinances are the laws of the municipality. City Councils are given the power to pass ordinances by Government Code Section 37100 as long as those ordinances are not in conflict with the laws and Constitution of the State of California or the United States.
Regular ordinances may only be adopted at a regular City Council meeting or an adjourned regular City Council meeting.9
Approval of an ordinance requires a first reading or introduction and a second reading and adoption, with at least five days between readings (except an urgency ordinance). The passage of an ordinance requires the affirmative votes of at least three Council Members.
A notice of intent to adopt with an ordinance summary is may be required to be posted in three public places10 at least five days prior to adoption and a Notice of Adoption with an ordinance summary is posted within 15 days of adoption.11
An ordinance becomes effective 30 days after adoption, except for urgency ordinances or ordinances relating to certain taxes. The 30 day time frame is known as a referendum period. A referendum period is required by state law and is a time frame in which any citizen can file a petition challenging the legality of a recently adopted ordinance.
An ordinance is an action that can be repealed or amended only by a subsequent ordinance.
First Reading
Typical motion: "I move to introduce and hold the first reading of Ordinance xxxx-xxx, and read by title only.
The Mayor confirms the motion and the second, and the City Clerk reads the ordinance title before calling for the vote.
Second Reading
Typical Motion: "I move to hold the second reading and adopt Ordinance xxxx-xxx, and read by title only” The Mayor confirms the motion and the second, and the City Clerk reads the ordinance title before calling for the
9. California Govt. Code 36934
10. City Hall, the Chamber of Commerce, and River Lodge
11. California Govt. Code Section 36933
- 36 -
vote.
A second to any motion must be received before a motion may be voted on.
An ordinance requires a roll call vote.
5.7.37.7.3 Urgency Ordinances
In matters deemed by the City Council to warrant immediate action to preserve peace, public safety or health, an emergency ordinance may be passed immediately upon introduction at either a regular or special meeting, and can be effective immediately.
5.7.47.7.4 Resolutions
A resolution expresses the policy of the Council on directing certain types of procedural or administrative actions. It requires only one reading and may be changed by subsequent resolution.
A resolution is also required to award contracts and authorize expenditure of funds.
Typical Motion: “I move to adopt Resolution xxxx-xx and read by title only.
The Mayor confirms the motion and the second, and the City Clerk reads the resolution title before calling for the vote.
A second to any motion must be received before a motion may be voted on.
A resolution may be adopted by consent calendar vote, a roll call vote or a voice vote.
5.7.57.7.5 Proclamations
A proclamation is a public declaration of the Council’s endorsement of something such as a special event or happening. Such a public announcement usually is made at the request of the organization sponsoring the event or happening and not for functions of a personal nature including but not limited to, a birthday or anniversary.
5.7.67.7.6 Minute Orders
These ordinarily indicate majority approval for a procedural action. Minute orders are usually used for disposition of business items on the agenda. Minute Orders apply to items in which action was taken by the council other than a resolution or ordinance.
5.7.77.7.7 Public Hearings
A public hearing is the open consideration of an issue within a regular meeting of the City Council, for which special public notice has been given and may be required. During a specified portion of the hearing, any resident or concerned individual is invited to present information, offer support or objection for the subject under consideration. Public hearings are required for such items including but not limited to, zoning changes, annexations, and fees or rates.
A public hearing may be continued or re-continued12 to a subsequent meeting following the same procedures set forth in section 5.3.3 of this document.
6.8. CITY ORGANIZATION
6.18.1 CITY MANAGER
The City Manager, appointed by the City Council, is responsible for the overall administration of the City in response
12. California Govt. Code Section 54955.1
- 37 -
to the policies and programs established by the City Council. The City Manager is responsible for forecasting the program and service needs of the City and its related financial, personnel, and capital improvement requirements.
Among the programs conducted through the City Manager are the overall direction of all City departments, development and implementation of the City’s annual budget, and providing overall planning for future City operations.
6.28.2 CITY ATTORNEY
The City Attorney, appointed by the City Council, is responsible for providing necessary legal services and guidance to the City Council, the City Manager, department managers, and City boards, commissions and committees to ensure that City functions are performed on a sound legal basis.
6.38.3 CITY EMPLOYEES
City employees comprise the majority of City government. They perform the day-to-day functions necessary to provide municipal services. Department managers administer specific functions of City government and are responsible to the City Manager.
7.9. ADVISORY COMMISSIONS AND BOARDS13
7.19.1 OVERVIEW
The city council is authorized to establish boards, commissions and committees. These boards, committees and commissions shall be organized and governed by Section 2.20 of the municipal code, unless otherwise stated in the ordinance establishing said board, committee or commission. (Ord. 2006-663 § 2).
7.1.19.1.1 Qualifications
Membership on such bodies shall be representative of the entire community insofar as possible, and members on such boards, commissions and committees shall be willing to serve as a civic responsibility and without compensation. No member of any board or commission shall hold any paid office or employment in the city government, unless, by resolution, such membership is specifically authorized or required. Appointments of qualified non-city residents shall require a four-fifths vote of the council for confirmation. In order to be eligible for appointment to any board or commission, a person shall be a qualified registered elector of the city of Fortuna, or be the owner of a business located within the city limits. However, in no event shall less than a majority of any board or commission be made up of qualified registered electors of the city. (Ord. 2006-663 § 2).
7.1.29.1.2 Temporary committees
The mayor and the city manager, with the approval of the council, may appoint from time to time such temporary committees as are deemed advisable to render counsel and advice to the council and the city manager on any designated matters or subjects within the jurisdiction of the council and the city manager. Membership on such committees shall not be limited by the requirements of this chapter. (Ord. 2006-663 § 2).
7.1.39.1.3 Appropriations
The council shall include in the annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards, commissions and committees. (Ord. 2006-663 § 2).
7.1.49.1.4 Appointments – Terms
A. The members of each such board or commission shall be appointed by the mayor with the approval of the council.
The members thereof shall serve for a designated term and until their respective successors are appointed and
13. Fortuna Municipal Code Section 2.20
- 38 -
qualified.
B. The terms of the commissioners shall be staggered in order to provide continued continuity to the board. No more than one-half plus one of the board members’ terms may expire in a given year. (Ord. 2006-663 § 2).
7.1.59.1.5 Vacancies
A. If a member of a board, commission, or committee fails to file a financial disclosure form, if required by the city’s conflict of interest code, in the manner and at the time required by law, or violates FMC 2.20.100, Conflict of interest, that office shall become vacant and so declared by the council.
B. Any vacancies in any board, commission, or committee, from whatever cause arising, shall be filled by appointment by the mayor with the approval of the council. When a vacancy occurs, any appointment to fill such vacancy shall be for the unexpired term.
C. If a member of a board, commission, or committee absents himself from 25 percent of the scheduled meetings, or three consecutive regular meetings of such board, commission, or committee, unless by permission of such board or commission expressed in its official minutes, or ceases to be a qualified elector of the city, his office shall become vacant and shall be so declared by the council.
D. Any member of a board, commission, or committee may be removed with or without cause by the mayor with approval of the city council.
E. Applications for all scheduled and unscheduled appointments shall be solicited as determined by the city manager. (Ord. 2006-663 § 2).
7.1.69.1.6 Officers
A. At the first regular meeting in January of every year, each of such boards, commissions and committees shall organize by electing a chairperson and vice-chairperson from its membership to serve at the pleasure of such board or commission. In the absence or disability of the chairperson and vice-chairperson, each such board or commission may designate a temporary chairperson.
B. The city manager shall designate a staff member(s) who shall provide for the recording of minutes for each such board or commission, keep a record of its proceedings and transactions, provide staff assistance, and act as principal staff advisor. (Ord. 2006-663 § 2).
7.1.79.1.7 Meetings – Rules and regulations – Quorum
A. Meetings. Each such board or commission shall hold regularly scheduled meetings at a time to be designated by the board or commission and such special meetings as such board or commission may require. Insofar as possible, all meetings of such boards, commissions and committees shall be held either in the council chambers or in the conference room of the City Hall. All meetings shall be open to the public, and shall comply with the public meeting provisions of the Brown Act.
B. Rules, Regulations, and Records. Each board or commission may prescribe its own rules and regulations for the transaction of its business, which rules and regulations shall be subject to the approval of the city council, and shall be kept on file in the office of the city clerk where they shall be available for public inspection. Each board or commission shall keep a written record of its meetings, resolutions, transactions, findings, and determinations, copies of which shall be kept on file in the office of the city clerk.
C. Quorum. A majority of the members of every such board or commission shall constitute a quorum for the transaction of business, and the affirmative or negative vote of a majority of the entire membership shall be necessary for the final transaction of any business. (Ord. 2006-663 § 2). - 39 -
7.1.89.1.8 Compensation.
Unless otherwise provided for, the members of boards, commissions, and committees shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have been authorized by the council. (Ord. 2006-663 § 2).
7.1.99.1.9 Conflict of interest.
No member of a board, commission, or committee shall be or become directly or indirectly financially interested in or with the performance of any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is payable from the city treasury or treasury of the Successor Agency if such contract, work, business, or sale falls within the advisory duties delegated to the board, commission, or committee upon which such member is serving; and provided further, that no member shall be deemed to be financially interested, within the meaning of the foregoing provisions, if such interest is not a prohibited interest under, and disclosure is made in accordance with, the provisions of California Government Code, or under the provisions of the Political Reform Act of 1974. (Ord. 2006-663 § 2).
7.29.2 HISTORICAL COMMISSION
7.2.19.2.1 Established – Purpose
There is created a historical commission, which shall consist of five members.
The historical commission is established specifically for the preservation of the Northwestern Pacific Depot building which is a structure of significant historic and architectural worth, and for the administration of the museum to be housed in said building which will provide reminders of past eras, events, and persons important to the city. The museum will be a receptacle for future generations as an example of physical amenities used by past generations. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 355 § 1, 1975).
7.2.29.2.2 Membership terms
The historical commission shall consist of five members. The term of office for historical commission members shall be three years. (Ord. 2006-663 § 2; Ord. 2005-654 § 2; Ord. 98-616 § 2; Ord. 97-611 § 2; Ord. 90-558; Ord. 355 § 2, 1975).
7.2.39.2.3 Council representative
The mayor may designate one member of the city council to attend the meetings of the historical commission and provide the council with periodic reports concerning the commission’s activities. While attending commission meetings, the designated council member shall observe such rules of conduct as may be adopted and amended by the council from time to time. (Ord. 2006-663 § 2; Ord. 98-616 § 2; Ord. 97-611 § 2; Ord. 355 § 3, 1975).
7.2.49.2.4 Museum operation
A. The commission shall determine the types of material artifacts to be displayed in the museum.
B. The commission shall recommend hours the museum will remain open.
C. The commission is authorized to accept material to be displayed either as gifts or loans and shall determine how such material will be marked and identified. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 355 § 4, 1975).
7.39.3 PARKS AND RECREATION COMMISSION
7.3.19.3.1 Established – Purpose
There is created a parks and recreation commission which shall consist of five members.
The commission is created to serve in an advisory capacity to the city council, city manager and the city staff in all matters pertaining to public parks and recreation. (Ord. 2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 82- 460 § 1).
- 40 -
7.3.29.3.2 Membership Terms
The parks and recreation commission shall consist of five members. The term of office for parks and recreation commissioners shall be three years. (Ord. 2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2).
7.3.39.3.3 Council Representative
The mayor may designate one member of the city council to attend the meetings of the parks and recreation commission and provide the council with periodic reports concerning the commission’s activities. While attending commission meetings, the designated council member shall observe such rules of conduct as may be adopted and amended by the council from time to time. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 82-460 § 1).
7.49.4 PLANNING COMMISSION 14
7.4.19.4.1 Established – Purpose
There is created a planning commission to be known as the Fortuna planning commission, which shall consist of seven members, and one alternate member.
A. The commission shall exercise all the powers and duties provided for a city planning commission under the laws of the state and such additional duties as may be assigned by the city council and by provision as set forth in the city subdivision and zoning ordinances.
B. The provisions of this section shall not be construed as affecting or limiting, or as a prerequisite to, the powers of the city council or the electors of the city to legislate, or in any way conflict with, the powers and duties of the city council and the other boards or departments of the city. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 77-369; Ord. 348 § 2(A), 1974).
C. The Planning Commission shall act on design review applications and follow the procedures as set forth in FMC
17.07.100 (Ordinance 2014-707). The purpose of design review is to review the design, layout, and other features of proposed development in keeping with the intent and purposes set forth in the Fortuna General Plan.
7.4.29.4.2 Membership Terms
The planning commission shall consist of seven members, and one alternate. The term of office for planning commissioners shall be four years and for the alternate shall be two years. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 348 § 2(B), 1974).
7.4.39.4.3 Compensation
Each planning commissioner shall receive $30.00 for each meeting they attend to cover their out-of-pocket expenses. (Ord. 2006-663 § 2; Ord. 2000-622 § 2).
7.4.49.4.4 Alternate Member
A. In addition to the seven regular members, the mayor, with the approval of the city council, shall appoint one resident alternate commissioner for a term of two years, who shall have all of the powers and duties of a regular commissioner except his or her right to vote shall be allowed and have legal effect only when seated as an acting commissioner in the absence of one of the regular commissioners.
B. When a permanent vacancy is created on the commission, the alternate shall fill that vacancy as a regular member for the remainder of that commissioner’s term of office. A new alternate member shall be appointed by the mayor.
C. The alternate shall, like regular members, attend the regular and special meetings of the commission. The
14. For statutory provisions regarding the planning commission, see Government Code § 65100 et seq. - 41 -
alternate shall review staff reports and documents and otherwise prepare for such meetings. At such meetings the alternate shall be identified for the record.
D. The alternate shall publicly announce any items on the agenda that he/she is disqualified from participating in because of a conflict of interest. If, as a result of absences or conflicts of interest by the regular members at a regular or special meeting, the alternate shall move to the seat of a regular member and shall participate as a regular member.
E. The qualifications, appointment, removal and other requirements applicable to the alternate shall be the same as those for regular members of the commission. The alternate shall also be subject to the requirements of and shall abide by the Ralph M. Brown Act, the Political Reform Act and other law applicable to the regular members of the commission. (Ord. 2006-663 § 2; Ord. 2003-641 § 1).
A-1
8.10. APPENDIX
8.110.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - "Robert's Rules of Order" - which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time, and for another purpose. If one is chairing or running a Parliament, then "Robert's Rules of Order" is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of, say, a 5-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of "Rosenberg's Rules of Order."
What follows is my version of the rules of parliamentary procedure, based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
(1) Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
(2) Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. (3) Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
(4) Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision-making by the body.
In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, and fully participate in the process.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the Chair of the body who is charged with applying the rules in the conduct of the meeting. The Chair should be well versed in those rules. The Chair, for all intents and purposes, makes the final ruling on the rules every time the Chair states an action. In fact, all decisions by the Chair are final unless overruled by the body itself.
Since the Chair runs the conduct of the meeting, it is usual courtesy for the Chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the Chair should not participate in the debate or discussion. To the contrary, the Chair as a member of the body has the full right to participate in the debate, discussion and decision-making of the body. What the Chair should do, however, is strive to be the last to speak at the discussion and debate stage, and the Chair should not make or second a motion unless the Chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
A-2
Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreedupon roadmap for the meeting. And each agenda item can be handled by the Chair in the following basic format:
First, the Chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The Chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the Chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the Chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the Chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the Chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the Chair may limit the time of public speakers. At the conclusion of the public comments, the Chair should announce that public input has concluded (or the public hearing as the case may be is closed).
Fifth, the Chair should invite a motion. The Chair should announce the name of the member of the body who makes the motion.
Sixth, the Chair should determined if any member of the body wishes to second the motion. The Chair should announce the name of the member of the body who seconds the motion. (It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the Chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the Chair.) Seventh, if the motion is made and seconded, the Chair should make sure everyone understands the motion. This is done in one of three ways: (1) The Chair can ask the maker of the motion to repeat it. (2) The Chair can repeat the motion. (3) The Chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the Chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the Chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
Ninth, the Chair takes a vote. Simply asking for the "ayes", and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain". Unless the rules of the body provide otherwise (or unless a super-majority is required as delineated later in these rules) then a simple majority determines whether the motion passes or is defeated.
Tenth, the Chair should announce the result of the vote and should announce what action (if any) the body has taken.
In announcing the result, the Chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days notice for all future meetings of this body." Motions in General
A-3
Motions are the vehicles for decision-making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the Chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words: "I move . . . . "
So, a typical motion might be: "I move that we give 10-day's notice in the future for all our meetings." The Chair usually initiates the motion by either (1) Inviting the members of the body to make a motion. "A motion at this time would be in order." (2) Suggesting a motion to the members of the body. "A motion would be in order that we give 10-day's notice in the future for all our meetings." (3) Making the motion. As noted, the Chair has every right as a member of the body to make a motion, but should normally do so only if the Chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a 5-member committee to plan and put on our annual fundraiser." The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10-member committee." A motion to amend takes the basic motion which is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused. But they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it.
The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So that if a member makes what that member calls a "motion to amend", but the Chair determines that it is really a "substitute motion", then the Chair's designation governs.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time. The Chair can reject a fourth motion until the Chair has dealt with the three that are on the floor and has resolved them.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. So, for example, assume the first motion is a basic "motion to have a 5- member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a 5-member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows:
A-4
First, the Chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed then the Chair would proceed to consideration of the second (now, the last) motion on the floor, the motion to amend.
Second, if the substitute motion failed, the Chair would now deal with the second (now, the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee by 5 members or 10 members). If the motion to amend passed the Chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed the Chair would now move to consider the main motion (the first motion) in its original format, not amended.
Third, the Chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (5-member committee), or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the Chair must immediately call for a vote of the body without debate on the motion):
A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the Chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote.
A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold". The motion can contain a specific time in which the item can come back to the body: "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of this motion is to say: "I move the previous question" or "I move the question" or "I call the question." When a member of the body makes such a motion, the member is really saying:
"I've had enough debate. Let's get on with the vote". When such a motion is made, the Chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a 2/3 vote of the body. Note:
that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to A-5
15 minutes." Even in this format, the motion to limit debate requires a 2/3 vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a 2/3 vote.
Majority and Super-Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a 7-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which, effectively, cuts off the ability of a minority of the body to take an action or discuss and item.
These extraordinary motions require a 2/3 majority (a super-majority) to pass:
Motion to limit debate. Whether a member says "I move the previous question" or "I move the question" or "I call the question" or "I move to limit debate", it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a 2/3 vote to pass.
Motion to close nominations. When choosing officers of the body (like the Chair) nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a 2/3 vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled, or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a 2/3 vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a 2/3 vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate, perhaps disagreement and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to a re-opener if a proper motion to reconsider is made.
A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First, is timing. A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and by a 2/3 majority, can allow a motion to reconsider to be made at another time.) Second, a motion to reconsider can only be made by certain members of the body. Accordingly, a motion to reconsider can only be made by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she can make the motion to reconsider (any other member of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again. That would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is then in order. The matter can be discussed and debated as if it were on the floor for the first time.
Courtesy and Decorum
A-6
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the Chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before proceeding to speak.
The Chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not.
The Chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the Chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be: "point of privilege." The Chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear.
Order. The proper interruption would be: "point of order." Again, the Chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.
For example, if the Chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
Appeal. If the Chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the Chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the Chair discovers that the agenda has not been followed, the Chair simply reminds the body to return to the agenda item properly before them. If the Chair fails to do so, the Chair's determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the Chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public-friendly. But in addition, and particularly for the Chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
About the Author
A-7
Dave Rosenberg is a Yolo Superior Court Judge. Formerly, he served over 20 years in local government, including 12 years on the Davis City Council (with two terms as Mayor) and 7 years on the Yolo County Board of Supervisors (with two terms as Chairman of the Board). He has been Chairman or presiding officer of numerous boards, commissions and organizations, spanning over three decades including the California State Lottery Commission, the California State Victim Compensation and Government Claims Board (formerly known as the Board of Control), the Yolo County Economic Development Commission, the Yolo County Criminal Justice Cabinet, the Davis Odd Fellows Lodge, and others. He currently serves as Presiding Judge of the Yolo Superior Court. Rosenberg has taught workshops on "Rosenberg's Rules of Order" for over a decade, to county supervisors, mayors, city council members and others. His "Rosenberg's Rules of Order" have been adopted by numerous cities and other jurisdictions and organizations throughout California.
A-8
8.2 COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT
Adopted August 6, 2012
PURPOSE
The purpose of this policy is to reaffirm the City’s commitment to open government and transparency, by continuing to comply with all the provisions in the Ralph M. Brown Act (the Brown Act).
BACKGROUND
On June 27, 2012 AB 1464 was signed into law and contains a schedule of state mandates that were suspended during the 2012-2013 budget year, including the Brown Act. The same day, Senate Bill 1006, amended Section 17581 of the Government Code by adding the following language: “All state-mandated local programs suspended in the Budget Act for the 2012–13 fiscal year shall also be suspended in the 2013–14 and 2014–15.” The suspension will therefore last 3 years. It is believed that the suspension of the State mandates for a three year period is a result of the State’s dire fiscal condition.
The portions of the Brown Act that were suspended include:
• The preparation and posting at least 72 hours before a regular meeting of an agenda that contains a brief general description of each item of business to be transacted or discussed at the meeting. • Inclusion on the agenda of a brief general description of all items to be discussed in closed session. • Disclosure of each item to be discussed in closed session in an open meeting, prior to any closed session. • Report in open session prior to adjournment on the actions and votes taken in closed session regarding certain subject matters.
• Provide copies to the public of certain closed session documents.
On July 18, 2012, the League of California Cities Board of Directors adopted a Resolution urging all cities to adopt a policy statement pledging continued compliance with the Brown Act.
A-9
POLICY
Section 1. The City Council of the City of Fortuna, its appointed Committees, City Boards and Commissions, and other City government entities that are currently required to comply with the Brown Act are directed to continue to so, regardless of the suspension of related mandates by the State of California.
Section 2. The City Council of the City of Fortuna reaffirms its commitment to maintain compliance with the Brown Act to ensure the actions of City government are open and transparent and to continually and faithfully comply with all of the requirements of the Brown Act during this three year suspension and into the future.
Section 3. The City of Fortuna’s voluntary compliance with the suspended provisions of the Brown Act shall not be construed to grant any rights or remedies related to any claim of non-compliance with suspended provisions of the Brown Act.
The foregoing City Council Policy was approved through the adoption of Resolution 2012-412025-XX on August 06INSERT DATE, 2012
___________/s/_______________
Douglas Strehl,
Mayor, City of Fortuna
ATTEST:
__________/s/________________
Linda JensenSiana Emmons, CMC
City Clerk, City of Fortuna
The City of Fortuna’s mission is to be worthy of the public trust by providing timely, efficient, well-planned and dependable services to the community.
Prepared by
City Administration
City Council
Policies, Procedures, and Governance
Manual
~ - 2 - ~
This page intentionally left blank.
~ - 3 - ~
TABLE OF CONTENTS
1. LOCAL GOVERNMENT IN FORTUNA.......................................................................- 6 -
1.1 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL......................... - 6 -
1.2 THE MUNICIPAL CODE ........................................................................................................ - 6 -
2. EFFECTIVE GOVERNANCE .......................................................................................- 6 -
2.1 CHARACTERISTICS OF AN EFFECTIVE COUNCIL......................................................... - 6 -
2.2 CHARACTERISTICS OF AN EFFECTIVE COUNCIL MEMBER....................................... - 7 -
3. ROLES AND RESPONSIBILITIES ..............................................................................- 7 -
3.1 COUNCIL-MANAGER FORM OF GOVERNMENT ............................................................ - 7 -
3.2 MAYOR, MAYOR PRO TEM AND CITY COUNCIL MEMBERS...................................... - 8 -
3.2.1 Mayor’s Role...................................................................................................................... - 8 -
3.2.2 Mayor Pro Tem .................................................................................................................. - 8 -
3.2.3 City Council ....................................................................................................................... - 8 -
3.2.4 Noninterference with City Manager’s Administrative Role .............................................. - 9 -
3.2.5 Responding to Public Complaints...................................................................................... - 9 -
3.2.6 New Councilmember Orientation ...................................................................................... - 9 -
3.3 COUNCIL GOALS................................................................................................................... - 9 -
3.4 POLICY AND ADMINISTRATION ..................................................................................... - 10 -
3.5 ATTENDANCE:..................................................................................................................... - 11 -
3.6 QUORUM: .............................................................................................................................. - 11 -
4. COMMUNICATION PROTOCOLS.............................................................................- 11 -
4.1 COMMUNICATION BETWEEN THE CITY COUNCIL AND THE CITY MANAGER... - 11 -
4.1.1 Direction to City Manager at City Council Meetings ...................................................... - 11 -
4.2 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS......................................... - 11 -
4.2.1 Brown Act........................................................................................................................ - 12 -
4.2.2 Social Media..................................................................................................................... - 12 -
4.3 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS AND THE PUBLIC....... - 13 -
4.4 CONSTITUENT REQUESTS AND CORRESPONDENCE................................................. - 13 -
4.5 REPRESENTING THE CITY ON REGIONAL AGENCIES................................................ - 14 -
5. CODE OF ETHICS .......................................................................................................- 14 -
5.1 PREAMBLE............................................................................................................................ - 14 -
5.2 PUBLIC INTEREST............................................................................................................... - 15 -
5.3 CONDUCT.............................................................................................................................. - 15 -
5.3.1 Influence........................................................................................................................... - 15 -
5.3.2 City Representation.......................................................................................................... - 15 -
5.3.3 Confidential Matters......................................................................................................... - 15 -
5.3.4 Conflict of Interest ........................................................................................................... - 15 -
5.3.5 Conduct at Meetings ........................................................................................................ - 15 -
5.3.6 Council Committees......................................................................................................... - 16 -
5.3.7 Compliance with Intent of Council Conduct Code .......................................................... - 16 - ~ - 4 - ~
5.4 CONFLICT OF INTEREST.................................................................................................... - 16 -
5.4.1 Applicable Law................................................................................................................ - 16 -
5.4.2 Sources of Assistance....................................................................................................... - 17 -
5.4.3 Identifying Conflicts ........................................................................................................ - 17 -
5.4.4 General Rules................................................................................................................... - 17 -
6. SALARIES .....................................................................................................................- 18 -
6.1 SALARY AND REIMBURSEMENT .................................................................................... - 18 -
6.2 BENEFITS .............................................................................................................................. - 19 -
6.2.1 Group Health Insurance ................................................................................................... - 19 -
6.2.2 Training, Meetings, Conferences..................................................................................... - 19 -
7. CONDUCT OF CITY COUNCIL MEETINGS............................................................- 19 -
7.1 PARLIAMENTARY PROCEDURE ...................................................................................... - 19 -
7.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL...................... - 20 -
7.3 TYPES OF COUNCIL MEETINGS....................................................................................... - 21 -
7.3.1 Regular Meetings............................................................................................................. - 21 -
7.3.2 Special Meetings.............................................................................................................. - 21 -
7.3.3 Adjourned Meetings......................................................................................................... - 21 -
7.3.4 Closed Session ................................................................................................................. - 22 -
7.3.5 Emergency Meetings........................................................................................................ - 22 -
7.3.6 Budget Workshops:.......................................................................................................... - 22 -
7.4 MINUTES AND RECORD KEEPING .................................................................................. - 22 -
7.5 AGENDA ................................................................................................................................ - 23 -
7.5.1 Placing Items on the Agenda............................................................................................ - 23 -
7.5.2 Order of Agenda Items..................................................................................................... - 23 -
7.5.3 City Council Meeting Steps: ............................................................................................ - 24 -
7.6 AGENDA ITEMS ................................................................................................................... - 25 -
7.6.1 Call to Order..................................................................................................................... - 25 -
7.6.2 Public Comment............................................................................................................... - 25 -
7.6.3 Presentations, Recognitions, Proclamations..................................................................... - 25 -
7.6.4 Report of Disbursements.................................................................................................. - 25 -
7.6.5 Consent Calendar ............................................................................................................. - 26 -
7.6.6 Regular Business Items/Public Hearings ......................................................................... - 26 -
7.6.7 City Manager’s Report..................................................................................................... - 26 -
7.6.8 Future Agenda Items........................................................................................................ - 26 -
7.6.9 Council Reports and Communications............................................................................. - 26 -
7.6.10 Public Comment (before Closed Session)........................................................................ - 27 -
7.6.11 Closed Sessions (as needed)............................................................................................. - 27 -
7.6.12 Adjournment .................................................................................................................... - 27 -
7.7 TYPES OF COUNCIL ACTIONS.......................................................................................... - 27 -
7.7.1 Consent Calendar ............................................................................................................. - 27 -
7.7.2 Ordinances........................................................................................................................ - 28 -
7.7.3 Urgency Ordinances......................................................................................................... - 28 -
7.7.4 Resolutions....................................................................................................................... - 29 -
7.7.5 Proclamations................................................................................................................... - 29 -
7.7.6 Minute Orders .................................................................................................................. - 29 -
7.7.7 Public Hearings................................................................................................................ - 29 -
8. CITY ORGANIZATION................................................................................................- 29 - ~ - 5 - ~
8.1 CITY MANAGER................................................................................................................... - 29 -
8.2 CITY ATTORNEY ................................................................................................................. - 30 -
8.3 CITY EMPLOYEES ............................................................................................................... - 30 -
9. ADVISORY COMMISSIONS AND BOARDS ............................................................. - 30 -
9.1 OVERVIEW ............................................................................................................................ - 30 -
9.1.1 Qualifications ................................................................................................................... - 30 -
9.1.2 Temporary committees ..................................................................................................... - 30 -
9.1.3 Appropriations .................................................................................................................. - 30 -
9.1.4 Appointments – Terms ..................................................................................................... - 30 -
9.1.5 Vacancies ......................................................................................................................... - 31 -
9.1.6 Officers ............................................................................................................................. - 31 -
9.1.7 Meetings – Rules and regulations – Quorum ................................................................... - 31 -
9.1.8 Compensation. .................................................................................................................. - 31 -
9.1.9 Conflict of interest. ........................................................................................................... - 32 -
9.2 HISTORICAL COMMISSION ............................................................................................... - 32 -
9.2.1 Established – Purpose ...................................................................................................... - 32 -
9.2.2 Membership terms ............................................................................................................ - 32 -
9.2.3 Council representative ...................................................................................................... - 32 -
9.2.4 Museum operation ............................................................................................................ - 32 -
9.3 PARKS AND RECREATION COMMISSION ...................................................................... - 32 -
9.3.1 Established – Purpose ...................................................................................................... - 32 -
9.3.2 Membership Terms .......................................................................................................... - 32 -
9.3.3 Council Representative .................................................................................................... - 33 -
9.4 PLANNING COMMISSION ................................................................................................. - 33 -
9.4.1 Established – Purpose ...................................................................................................... - 33 -
9.4.2 Membership Terms .......................................................................................................... - 33 -
9.4.3 Compensation ................................................................................................................... - 33 -
9.4.4 Alternate Member ............................................................................................................ - 33 -
10. APPENDIX .......................................................................................................................... 1
10.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ............................................. 1 ******************************************************************************************************************* HISTORY:
Adopted June 20, 2011 by Resolution 2011-14
Amended August 6, 2012 by Resolution 2012-41 (Appendix 8.2 added) Amended August 17, 2015 by Resolution 2015-27
Amended January X, 2025 by Resolution 2025-XX
___________________________________
Mike Johnson, Mayor
ATTEST:
_____________________________
Siana Emmons CMC, City Clerk
- 6 -
1.LOCAL GOVERNMENT IN FORTUNA
Fortuna was incorporated as a City in 1906, being governed by a City Council. In 1977, the City, by ordinance, established the Council-Manager form of government. Fortuna is a Charter City and the City Council is the governing body. The City Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing charter cities.
1.1 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL The City Council shall determine its own policies and procedures and amend them from time to time and/or adopt new ones. Amendment to this manual or adoption of new policies or procedures shall require a majority vote of the council.
1.2 THE MUNICIPAL CODE
The Fortuna Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City. Local ordinances adopted by the City Council are codified in the municipal code by the City Clerk. These laws are enforceable by the City, and violation constitutes a misdemeanor or infraction. The municipal code is divided into the following categories:
• General Provisions
• Administration and Personnel
• Revenue and Finance
• Business Taxes, Licenses and Regulations
• Animals
• Health and Safety
• Public Peace, Safety and Morals
• Vehicles and Traffic
• Streets Sidewalks and Public Places
• Utilities
• Cable and Open Video Systems
• Buildings and Construction
• Subdivisions
• Zoning
• Tables
• Index
Other directives and policies of the City Council are recorded in Council resolutions or by minute action of the Council.
2.EFFECTIVE GOVERNANCE
City Council Members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. Effective City Councils understand that a good working relationship with each other and staff is vital for the City to run successfully. Therefore, the City Council acts with integrity, civility, and a high level of professional decorum. City Council members build trust by striving to have a “no secrets, no surprises” approach as the operating norm.
2.1 CHARACTERISTICS OF AN EFFECTIVE COUNCIL
- 7 -
An effective Council:
1. Works together as a body, modeling teamwork and civility for our community.
2. Follows the legal requirements of the City Charter, Municipal Code, State and Federal law and regulations.
3. Makes decisions that are in the best interest of the City and considers that short term decisions often have long-term consequences.
4. Provides clear direction to the City Manager to ensure clarity of direction, specificity in scope, and mutual understanding.
5. Stays focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
6. Seeks consensus and common ground knowing there are rarely perfect solutions.
7. Respects the governing process and follows implementation of the will of the majority.
8. Disagrees agreeably and professionally, then commits to the decision once made.
9. Utilizes long-range plans to provide big picture context that is realistic and achievable.
10. Represents all residents and knows that a vocal minority does not necessarily reflect the view of a quiet majority
2.2 CHARACTERISTICS OF AN EFFECTIVE COUNCIL MEMBER
An effective Council member:
1. Maintains a citywide perspective toward all of our residents and constituents while being mindful of our districts.
2. Moves from I to we, and from campaigning to governing.
3. Assumes good intent.
4. Demonstrates respect, consideration and courtesy to all.
5. Shares information and avoids surprises.
6. Keeps confidential things confidential.
7. Commits the time necessary to understand issues.
8. Acknowledges their own potential biases, listens with an open mind, and is willing to have preconceived ideas challenged
9. Respects the role and function of the public, city staff, and the City Manager.
10. Respects the Council/Manager form of government and the roles of each party.
11. Communicates concerns about staff in a discrete and respectful manner to the City Manager; does not criticize staff in public.
12. Recognizes that their colleagues were also elected, and all deserve equal levels of respect.
13. Understands that authority rests with the Council as a whole and not with individual Council members.
14. Limits their critique to the idea being proposed and not to the person proposing it, and accepts criticism of a policy or proposal without taking it personally.
15. Respects the expertise of city staff and understands staff’s desire to provide factual, neutral information to the Council.
3. ROLES AND RESPONSIBILITIES
3.1 COUNCIL-MANAGER FORM OF GOVERNMENT
Under the Council-Manager form of government, citizens elect their Council Members who make decisions in a collective manner which determine the policies of the City.
The City Council is the governing body of the City responsible for establishing policies and programs. The City Council is responsible to see that local policies and laws address both short and long term needs, and that citizens receive a return on their tax investment in terms of efficient City services.
While the City Council establishes policies and programs, it is the responsibility of the City Manager to apply and - 8 -
administer those policies to the day-to-day operations of the City. The City Manager oversees all City operations and is the liaison between the Council and the City staff.
Teamwork between the Council and the Manager is a key element of the Council-Manager plan. The pooling of skills is essential to resolve the many complex problems that face the City today. The Council-Manager form of government seeks to enhance the effectiveness of local policy-making and municipal operations.
3.2 MAYOR, MAYOR PRO TEM AND CITY COUNCIL MEMBERS
The City of Fortuna is governed by a five-member City Council elected to four-year terms on a staggered basis.
Council Members are elected in the general election in November of even numbered years. After each general election, the City Council elects a Mayor and Mayor Pro Tempore from its own membership.
3.2.1 Mayor’s Role
Fortuna’s Charter defines the Mayor’s role and establishes the selection of the Mayor by the City Council, The Mayor’s primary responsibilities include:
1. Presiding at meetings of the City Council by calling Council meetings to order, announces the order of business as detailed on the agenda, states motions, calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and enforces the Council's rules and parliamentary procedures.
2. The Mayor also, with Council approval, signs all ordinances, resolutions, and other records of proceedings approved by the Council. The Mayor has no veto power.
3. Meeting regularly and as appropriate with the City Manager to provide policy guidance relative to the actions of the Council;
4. Recommending City policy, legislation, and programs, subject to approval by a majority of the City Council;
5. Representing the City for ceremonial purposes;
6. Representing the City in intergovernmental relations, personally or by a designated representative with the concurrence of the Council; and
7. Establishing and dissolving limited-term ad hoc committees, subject to the approval of the Council.
3.2.2 Mayor Pro Tem
Fortuna’s Charter defines the Mayor Pro Tem’s role. The Mayor Pro Tem’s primary responsibility is to perform the Mayor’s duties in the Mayor’s absence. When the Mayor and Mayor Pro Tempore are absent at any meeting of the Council, the next most senior member of the Council as determined by years of service on the Council or, if equal, by the number of votes received in the municipal election in which they were elected shall serve as Mayor.
3.2.3 City Council
The City Council is the elected legislative and policy-making body of the City government. The City Council is elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
The City Council also serves as Board Members for the Fortuna Public Financing Authority (FPFA) and the Fortuna Public Improvement Corporation (FPIC), with all meetings being held concurrently. References in this document to the “City Council”, also includes the Council’s role on the Successor Agency, FPFA and FPIC. - 9 -
The Council is also responsible to the citizens for:
• Hiring the City Manager and the City Attorney.
• Establishing City-wide goals that address short and long range needs. • Formulating policies that define a course of action that shape City operations. • Providing quality services within available resources. • Acting as a representative between the professional staff and local citizens.
3.2.4 Noninterference with City Manager’s Administrative Role The City Manager’s administrative role is distinct and separate from the City Council’s role. As prescribed by the City’s Charter, neither the Mayor nor any Councilmember shall interfere with the execution of the City Manager’s powers and duties. Except for purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative services of the City solely through the City Manager, and neither the Mayor nor any Councilmember shall give orders to any subordinate of the City Manager, either publicly or privately. The City Council may, in the appropriate setting, express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of any department head or employee, but neither the Mayor nor any Councilmember shall in any manner control or demand the appointment or removal of any City department head or employee.
3.2.5 Responding to Public Complaints
It is important that when Councilmembers receive a complaint or inquiry from a member of the public, the Councilmember should acknowledge the requestor’s communication without making promises or jumping to conclusions. As the City Manager’s role is to investigate and resolve these issues with city staff, all complaints should be forwarded to the City Manager for a response. The City Manager will keep the City Council informed regarding administrative actions.
3.2.6 New Councilmember Orientation
Welcoming newly elected Councilmembers and providing them with the appropriate orientation and resources is crucial to developing an effective, cohesive governance team.
1. With the Brown Act limitations in mind, current Councilmembers are encouraged to reach out to newly elected members to welcome them and build productive working relationships.
2. The City Manager will provide a formal orientation for new Councilmembers to:
a. Explain roles and responsibilities;
b. Introduce department heads;
c. Provide practical information such as access to City Hall, security procedures, meeting protocols; d. Study a typical City Council meeting agenda and explain the order of business, consent calendar, business from the floor, and other meeting sections and protocols such as making motions and providing direction to the City Manager and staff during a City Council meeting. e. Review rules regarding confidentiality, the Brown Act, and gift reporting;
3. Councilmembers shall work through the City Manager to schedule additional meetings with department heads and/or tours of city facilities to gain a better understanding of city services and operations.
4. Attend California Cities Mayors and Council Members Academy. The academy covers the legal, financial, and practical fundamentals for council members as an elected city official, foster relationships with peers.
Sessions also include an update on key legislative issues and an overview of your Cal Cities services.
3.3 COUNCIL GOALS
Goal setting requires time, energy, and a well-defined process. Every two years, usually in January following a City Council election, the Council meets with the City Manager and the various department managers in a goal - 10 -
setting/priority projects session to review progress on goals previously set, and defines new goals and objectives for the City. While a myriad of responsibilities consume the limited time and energy of elected officials, there are some definite advantages for engaging in the process:
1. Goal setting gives the Council a basic framework for action. By setting goals and then deciding those that are most important, the Council is defining what it wants to achieve over a given period of time. Otherwise, the Council may find itself floating from issue to issue, crisis to crisis.
2. Goal setting helps the Council spend its time more wisely. When you know what you are trying to accomplish, you can allocate most of your time to important issues.
3. Goal setting gives everyone a chance to share their individual goals and priorities and then work out the differences. The Council ends up with a list of goals to which everyone is committed.
4. Goal setting gives the City Manager clear guidelines to get the job done. It lets the City Manager know exactly what the Council is trying to accomplish as a group. Without clearly defined goals, the City Manager may get conflicting signals and end up not meeting anyone's goals.
5. Goal setting gives the Council and staff, some important budget guidelines. Knowing what programs and issues are the highest priorities will enable staff to have a better idea of how to allocate funds when preparing the budget for Council approval.
6. Goal setting gives the Council an evaluation tool. When goals and priorities are set, the Council has valuable data in hand to determine how well the Council and the City Manager did in achieving the agreed upon goals and priorities.
Goal setting will not solve all the immediate problems, nor guarantee that a crisis will not occur; but it will help you get a better idea of what is happening in the City and allow you to define what you want to happen over the long term.
3.4 POLICY AND ADMINISTRATION
A dictionary definition of "policy" states that it is "any plan or course of action designed to influence and determine decisions, actions, and other matters." For a City Council, policy is the business of making decisions about the City.
Examples of policy decisions include:
• The decision to submit to voters a bond measure for capital improvements. • The adoption of an ordinance regulating sewer and water operations. • Approval of land-use policies and implementation procedures. • Decisions concerning projects which involve federal and state grants as well as local expenditures.
In theory, the distinction between policy and administration has been that policy is the process of determining what is to be done, while administration is the process of determining how to do it. A policy is what the Council defines it to be. However, the day-to-day operation of the various departments is administration. In reality, a fine line exists between policy and administration; any issue that is perceived as important or controversial can become a "policy" matter.
- 11 -
The City Council has the final say in major decisions such as: adoption of the budget; acceptance of a new classification and compensation plan; selling a bond issue; or instituting a new project. While it has a dominant role in policy matters, the City Manager, staff and citizens play a prominent role in the development of policies.
The City Council, City Manager, and staff analyze City needs, identify available resources, and suggest courses of action, but the Council has the final say on matters that affect services.
3.5 ATTENDANCE
Pursuant to California Government Code Section 36513 if a “city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.” Council members are expected to attend all meetings of the City Council. If a Council Member is absent without Council permission from all regular City Council meetings for sixty (60) days consecutively from the last regular meeting he/she attends, his/her office becomes vacant and shall be filled as any other vacancy.
Council members shall inform the City Clerk and/or the City Manager if they are unable to attend a regular scheduled City Council meeting in order to ensure there is a quorum.
3.6 QUORUM
The City Council consists of five members, one of whom is the Mayor. Three members of the Council shall constitute a quorum and shall be sufficient to transact business. If less than three (3) Council Members appear at a regular meeting, the City Manager may adjourn the meeting to a stated day and hour.
4. COMMUNICATION PROTOCOLS
4.1 COMMUNICATION BETWEEN THE CITY COUNCIL AND THE CITY MANAGER Fortuna’s council-manager form of government directs the City Council to communicate with the City Manager on all matters related to City operations, and City Council members are therefore encouraged to contact the City Manager with questions about city operations or issues. The City Manager will obtain the requested information or direct the appropriate staff member to assist. When an individual City Council member seeks information that the City Manager believes may be of interest or use to other City Council members, the City Manager may share that information with the entire City Council to keep all members equally informed. The City Council should be aware that the City Manager may not readily share some items due to employment law, privacy rights, investigations, etc.
Agenda review sessions with the City Manager can be individually scheduled by City Council members in advance of each City Council meeting. City Council members are strongly encouraged to ask questions about agenda items in advance of the meeting and/or during their agenda review session, as this allows staff time to perform additional research if necessary before the Council meeting. City Council members are welcome to ask the questions again at the Council meeting to benefit other Council members and the public.
4.1.1 Direction to City Manager at City Council Meetings In providing direction to the City Manager and staff during City Council meetings, the City Council should ensure that direction and motions provide unambiguous policy direction, including specificity and scope of the desired action. If a motion seems unclear, City Council members should ask for clarification to be sure all agree on the proposed direction.
- 12 -
4.2 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS
City Council Members should treat each other with dignity and respect and observe a high level of professional decorum both on and off the dais. This respectful approach supports a productive sense of camaraderie and sets an example for civil decorum in City Council meetings.
4.2.1 Brown Act
The California open meeting law, commonly known as the "Brown Act," requires all City Council deliberations to be open to the public, meaning that all City Council discussions, deliberations, and actions must occur at an open and publicized meeting (subject to a few limited exceptions that allow for closed session discussions). A meeting is defined as any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, and deliberate upon any item that is within the subject matter jurisdiction of the legislative body.
Accordingly, meetings or discussions between three or more members of the Fortuna City Council in which any subject matter within the jurisdiction of the City (e.g., City parks and recreation programs, budget, staffing, streets and traffic, public improvements, or private development projects, etc.) must take place at an open and publicized meeting.
Meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device (for example, telephone conversations, text messages, social media postings, etc.) through which a majority of the City Council discusses, deliberates, or acts on an item of business outside of a noticed meeting.
These types of meetings are called “serial meetings” and are unlawful. Communication technologies present particular Brown Act challenges. For example, standard email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by a majority of the Council members in an internet chatroom, social media format, a Facebook page posting, or blog dialogue.
Particular care should be given by Council Members to ensure that deliberations on matters within the subject matter jurisdiction of the City should be done in an open, public, and transparent manner. If a Council Member is concerned as to whether he or she may participate in or begin a discussion, the Council Member should contact the City Manager for guidance.
4.2.2 Social Media
City Council members should use the same professionalism and sound judgment exercised in public meetings when communicating on social media. Beyond standards of professionalism, City Council members should also be mindful of legal restrictions on their social media activity.
In 2020, State legislation (AB 992) amended the Brown Act to address public officials' use of social media, and two particular elements are essential to keep in mind. First, AB 992 clarifies that a public official may have their own separate conversation on social media platforms to answer questions, provide information to the public, or solicit information from the public regarding a matter within the legislative body's subject matter jurisdiction. However, the use of social media may become an unlawful serial meeting if a majority of the Council express their views on the same post, including commenting or even using digital icons that express reactions (i.e., emojis, "liking", thumbs up, thumbs down, etc.).
Key Point: A City Council member may have their own conversation on social media about a matter within the City Council's subject matter jurisdiction. However, Council members should refrain from commenting on social media posts made by others to avoid the opportunity for a serial media to occur.
Secondly, AB 992 goes further by prohibiting a member of a legislative body from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. In other words, if a public official posts a comment in response to another public official's social media post about an agency issue, that could be a Brown Act violation under AB 992 (assuming both public officials serve on the same - 13 -
legislative body). AB 992 covers commonly used social media platforms such as Facebook, Instagram, Snapchat, Twitter, blogs, TiKTok, and Reddit.
Key Point: Be careful not to comment on another City Council member's posting on social media, including posting comments, retweeting, "liking," "disliking," responding with positive or negative emojis, and reposting. Violations of the Brown Act can potentially lead to invalidation of future City Council actions, payment of a challenger's attorney fees, and even criminal prosecution for the offender.
4.3 COMMUNICATION BETWEEN CITY COUNCIL MEMBERS AND THE PUBLIC Speaking for "the City" versus speaking as a private individual. Council Members do not, by virtue of being elected to the Council, give up their right to comment on public policy issues, even if their position differs from the views held by their fellow Council Members.
It is, however, important to differentiate when a Council Member is communicating in his or her official capacity as a Council Member (i.e., speaking for the City) versus speaking in his or her personal capacity.
A Council Member speaks in an official capacity in two situations, as follows: (i) when authorized by the Council to speak on behalf of the City or (ii) when speaking at official City functions (e.g., State of the City Address). When speaking in an official capacity, the Council Member should represent the Council’s collective position on an issue, even if that position differs from the Council Member’s stated or unstated position. When presenting the Council’s collective position, a Council Member is free to mention that he or she voted against the particular action, but, in all other respects, the Council member should well represent the official position without criticism.
When a Council Member is speaking in his or her personal (non-official) capacity at community events or non-City public meetings, it is important that the Council Member preface any remarks by noting that he or she is commenting in his or her personal capacity and not on behalf of the City Council. Even then, while not unlawful to criticize the City or Council colleagues, it is a well-accepted best practice to remain respectful of differing viewpoints and avoid ad-hominem attacks.
Safeguarding Confidential, Sensitive and Closed Session Information. Confidential or sensitive City information, including closed session materials and discussions, shall not be disclosed in any circumstances, including via electronic communication.
4.4 CONSTITUENT REQUESTS AND CORRESPONDENCE
Members of the City Council may be called upon to write letters to residents, businesses, or other public agencies.
Typically, the Mayor will transmit the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents to respond to inquiries or provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. Requests for assistance should be made to the City Manager.
On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or has no position. In these circumstances, members should indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as a private citizen or as one member of the Council. Council Members should avoid expressing opinions that could be perceived as biased or creating an appearance of bias when communicating about a matter that has the potential of coming before the Council for action.
This is particularly true on adjudicatory matters (as opposed to legislative matters) when the Council will be asked to resolve a dispute (or appeal) between two sides (e.g., appeal of a land use permit). - 14 -
After the City Council has taken a position on an issue, official City correspondence related to the issue should reflect this position. Similar to verbal communication standards, a City Council member who disagrees with the majority opinion may express their position by indicating that, "While I voted against 'X,' the City Council voted in support of it." In addition, City letterhead and staff support cannot be utilized for any personal purpose or in the Council Member's own campaign, including letters of commendation.
Members of the Council will frequently receive requests or complaints. In most cases, the City staff can resolve these problems. The main thing is for the Council Member to get the basic information, and then pass this on to the City Manager for appropriate action. The key to answering constituent requests is to be specific in what the Council Member will do, i.e., promise a timely response, or look personally at the problem, while avoiding a commitment to “fix anything.”
4.5 REPRESENTING THE CITY ON REGIONAL AGENCIES
City Council members are assigned to represent the City on a variety of regional agency boards and commissions.
Active participation by City Council members on regional agencies ensures the City's interests are adequately represented, advances Fortuna’s standing in the region, and allows City Council members to gain additional experience while developing connections with leaders from other jurisdictions. City Council members should exhibit the same dedication to regional agency meetings as they do to Council meetings through regular attendance, knowledge of the agenda, and engagement in policy discussions. If a City Council member is unable to attend a meeting, they should advise the alternative representative.
Assignments to regional agencies are generally proposed by the Mayor and require the concurrence of the City Council. Care should be taken to distribute the workload as evenly as possible and capitalize on subject matter expertise. Keeping regional assignments as consistent as possible year-to-year maintains the City's knowledge and seniority on regional agency.
Council meetings provide an opportunity to "report out" on regional activity so that all City Council members, staff, and the public are fully informed. The proactive sharing of activities contributes to the collaborative nature of the City Council's work and respects the role of all members. Importantly, this sharing of information honors the standard that no single City Council member "owns" a particular issue or effort. It also reinforces the notion that all members have an equal voice and standing on all matters affecting the City.
5. CODE OF ETHICS
5.1 PREAMBLE
The residents and businesses of Fortuna are entitled to have fair, ethical, and accountable local government. Such a government requires that:
• Public officials comply with both the letter and spirit of the laws and policies affecting operations of the government;
• Public officials be independent, impartial, and fair in their judgment and actions; • Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
- 15 -
To this end, the City of Fortuna City Council adopts this Code of Ethics to encourage public confidence in the integrity of local government and its operation.
5.2 PUBLIC INTEREST
Council Members will work for the common good of the people of Fortuna and not for any private or personal interest, and they will endeavor to treat all persons, claims, and transactions in a fair and equitable manner.
Council Members shall comply with the laws of the nation, the State of California, and the City in the performance of their public duties.
5.3 CONDUCT
It is the policy of the City of Fortuna that the members of the Fortuna City Council conduct themselves individually and as a council so that all matters related to the City are conducted in an open, fair, responsible and impartial manner, that all City business be conducted in an orderly and efficient manner, that all governmental policies be made in the proper channels of the government structure, that public offices not be used for personal gain and that the public have confidence in the integrity of its government. Therefore, the following Rules of Conduct shall be observed by each City Council Member.1
5.3.1 Influence
Council Members must recognize that it is important for City Staff, Commissions and Committees to be able to make objective recommendations on items related to the City. Council Members must be certain that any opinions expressed to members of Staff, Commissions and Committees are clearly identified as individual personal opinions, unless official Council action has been taken on the subject in question.
5.3.2 City Representation
Council Members, simply by being Council Members, are at all times viewed as representatives of the City. The conduct of Council Members is a direct reflection on the City and members should conduct themselves accordingly.
Except where specifically authorized by City Council action or for purely ceremonial purposes, no City Council Member should make any statement or appearance or indicate in any way that he or she is representing the city.
5.3.3 Confidential Matters
At times matters will come before the City Council which should be kept confidential, such as employee discipline, legal matters, salary negotiations and other matters properly handled in closed meetings. Council Members shall keep such information confidential.
5.3.4 Conflict of Interest
Council Members shall abstain from any action which may cause a conflict of interest as defined by State Law, including accepting employment which is incompatible with the proper discharge of official duties, or using the office of City Council in any manner to induce any person or entity to provide anything of value or benefit to themselves or any other person.
5.3.5 Conduct at Meetings
It is common, that Council Members may differ on matters and that such differences will be debated. The debate should be limited to the issue and each Council member should refrain from making personal or derogatory remarks.
Council Members shall base their decisions on the merits and substance of the matter submitted for review.
1. Original Council Policy adopted March 16, 1998, amended and adopted into this document June xx, 2011. - 16 -
Council Members shall publicly share substantive information that is relevant to a matter under consideration that they may have received ex parte; that is, received from sources outside of the public decision-making process. This insures that all parties, the council, staff, and public, are acting on the same information.
Council Members shall inform themselves on public issues; listen attentively to public discussions before the body; and focus on current business issues.
Council Membersshall refrain from campaigning or calling for public action against Council Members during council meetings. Any Council Member who does so is considered out of order and the mayor shall take appropriate action.
Council Members shall refrain from requesting that an item be placed on the agenda after two previous requests have been rejected or denied by consensus or formal vote of the Council.
Any Council Member may move for the Mayor to enforce the parliamentary procedures, and/or the Policies & Procedures Manual of the City Council. A majority vote of the Council shall require the mayor to so act.
5.3.6 Council Committees
From time to time the City Council forms committees of two Council Members. The role and responsibilities of these Council committees shall be determined in an open and public session at the time they are formed.
5.3.7 Compliance with Intent of Council Conduct Code
Staff members concerned regarding the propriety of City Council member’s interaction with them should confidentially discuss their concerns with the City Manager who shall report to the Mayor. If the Mayor is the Council member in question, the City Manager will report to the Mayor Pro Tem. The Mayor or Mayor Pro Tem shall then confidentially address the issue with the involved Council member so as to assure compliance with the intent of this code. Issues not resolved in this private conference should be brought to the City Council as an agenda item. Issues arising from Council Members themselves shall be addressed directly through the Mayor or the Mayor Pro Tem if the Mayor is the Council Member in question. The process from this point will be the same as described above.
Council Members shall perform their duties in accordance with the policies, processes and rules of order established by the City Council.
5.4 CONFLICT OF INTEREST
5.4.1 Applicable Law
There are several laws and legal principles that prohibit public officials from acting in situations in which they might have a conflict of interest. These include Government Code Section 1090 prohibiting contracts in which the official has a financial interest and the doctrine of incompatible offices, which prohibits an official from holding two offices at the same time if doing so might create a clash of loyalties.
Even broader in scope, voters in 1974 approved the Political Reform Act.
The statutes (the Political Reform Act of 1974) provide that certain municipal officers must disclose their “economic interests” periodically on forms provided by the Fair Political Practices Commission (FPPC). These municipal officials are members of the City Council (including the Mayor), members of the City Planning Commission, the City Manager, the City Treasurer, and the City Attorney.
Statements of Economic Interests are submitted by these officials to the City Clerk who makes and retains a copy of each statement and forwards the original to the FPPC in Sacramento.
In addition, the City is required to determine which of its other officials, committee members, and employees perform duties that involve potential conflicts of interest. The City has adopted a resolution outlining those positions, called “designated employees.” These employees are required to disclose their economic interests. A copy of the Political - 17 -
Reform Act, as amended, is available for review in the City Clerk's office.
Conflict of interest is a complex issue. Council Members should carefully consider and monitor “gifts” from any person or organization whether the gift is financial support, loans, event tickets, or meals. Many of these gifts may need to be reported and may present a conflict of interest when considering and/or voting on projects or issues related to the person presenting the gift. Questions relating to conflict of interest should be directed to the City Attorney or your personal attorney.
The rules relating to conflicts of interest are set forth in the Political Reform Act (PRA) (Government Code Sections 81000 and following) and case law. They are complex and not necessarily intuitive. The consequences of violating the rules can be severe, including substantial monetary penalties and possible criminal prosecution to individual Council Members.
5.4.2 Sources of Assistance
The Fair Political Practices Commission (FPPC) is the state agency that administers the PRA, issues regulations, gives conflict advice, and enforces the rules. The FPPC also provides a “hotline” that a Council Member may call for informal advice. The City Attorney is available for consultation, but the City Attorney’s advice on conflicts matters cannot provide a Council Member with any immunity from prosecution. Further, since the City Attorney represents the City Council as a body, any discussions or advice given by the City Attorney to any individual member of the Council will be shared with the full Council. Most conflict of interest questions ultimately turn on whether it is reasonably foreseeable that the decision will have a “material financial effect” on the Council Member’s economic interest. Municipal attorneys generally do not advise public officials as to whether a material financial effect would exist unless the answer is absolutely certain based upon applicable regulations. While the City Attorney may have his or her own opinion as to whether or not a material financial effect will be present, it is ultimately up to the Council Member to determine this issue. Only a formal written opinion from the FPPC provides immunity from prosecution for violations of the conflict of interest rules. The City Attorney is available to assist with preparing a request for a formal opinion.
5.4.3 Identifying Conflicts
It is the responsibility of each Council Member to identify, disclose and declare his or her conflict before action is taken on a matter. If possible, the conflicted Council Member should notify staff prior to the council meeting at which the matter will be heard, to ensure the presence of a quorum. Staff will attempt to assist with identifying obvious conflicts, but the ultimate responsibility is with each Council Member.
5.4.4 General Rules
Council Members shall not use their official positions to influence government decisions in which they have a financial interest, or where they have an organizational responsibility, or personal relationship that would present a conflict of interest under applicable State law. As required by law, Council Members declaring a conflict of interest shall recuse themselves and leave the Council Chambers.
In accordance with the law, members shall file written disclosures of their economic interests and, if they have a conflict of interest regarding a particular decision, refrain from participating in that decision, unless otherwise permitted by law.
Council Members shall not take advantage of services or opportunities for personal gain, by virtue of their public office that are not available to the public in general, nor shall they use public resources not available to the public for private gain or personal purposes. They shall refrain from accepting gifts, favors, or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.
Council Members shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. - 18 -
Council Members shall not appear on behalf of private interests of third parties before the City Council or any board, commission, committee or proceeding of the City.
Council Members shall represent the official policies and positions of the City Council to the best of their ability.
When presenting their personal opinions and positions, members shall explicitly state they do not represent the Council or the City.
Council Members shall refrain from using their positions to unduly influence the deliberations or decisions of City commissions, boards or committees.
A public official who has a financial interest in a decision shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required.
b. Recuse himself/herself from discussing and voting on the matter, or otherwise acting in violation of the Political Reform Act.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. d. Notwithstanding paragraph c, a conflicted public official may speak on the issue during the time that the general public speaks on the issue when he or she appears solely to represent himself or herself on a matter related to his or her personal interest. Personal interests are interpreted to include, but are not limited to:
i An interest in real property that is wholly owned by the official or members of his/her immediate family. ii A business entity wholly owned by the official or member of his or her immediate family. iii A business entity over which the official exercises sole direction and control, or over which the official and his/her spouse jointly exercises sole direction and control.
6. SALARIES
6.1 SALARY AND REIMBURSEMENT
The Council, in accordance with Government Code Section 36516, sets the salary for the City Council. City Council Members are paid $300/month for City matters (Section 2.04.050 of the City Code).
The City does not participate in Social Security; part-time employees are not eligible to participate in PERS and are enrolled in a Federal Insurance Contributions Act (FICA)-alternative retirement program. City Council Members will pay the Medicare portion of Social Security and the City contributes 4% and the Council Member contributes 3.5% towards the FICA-alternative retirement plan. 2
In addition, Council Members may be reimbursed for actual expenses while performing official duties.
2. Original Council policy adopted December 1995, amended and adopted into this document June xx, 2011. - 19 -
6.2 BENEFITS
The following benefits are available to City Council Members:
3 6.2.1 Group Health Insurance
The City offers an excellent health, dental and vision care, and life insurance plan for its employees.
City Council Members may purchase health insurance at their own expense while in office and under certain circumstances after they leave office. The following was adopted by Resolution 95-08 on April 17, 1995:
1. City Council Members, while they are in office, who wish to enroll in Redwood Empire Municipal Insurance Fund’s (REMIF) health and welfare plan at their own expense are hereby authorized to purchase health, dental, vision, and life insurance benefits in accordance with Section 53201 through 53205 of the California Government Code.
2. City Council Members, after they leave office, who wish to enroll in REMIF's health and welfare plan at their own expense, are hereby authorized to purchase health, dental, vision, and life insurance benefits in accordance with Sections 53201 through 53205 of the California Government Code.
6.2.2 Training, Meetings, Conferences
The City allocates funds for training, meetings, and conferences in which the Council Members may wish to participate. Among these are the quarterly meetings of the Redwood Empire Division of the League of California Cities, the League of California Cities Annual Conference, the annual Mayors and Council Members Executive Forum, and other local meetings. Council Members are encouraged to participate in these meetings and conferences.
All travel and training expenses are subject to the policies and procedures set forth in the City Administrative Policy Manual.
7. CONDUCT OF CITY COUNCIL MEETINGS
7.1 PARLIAMENTARY PROCEDURE
Parliamentary procedure is a set of rules that regulate and standardize how the City Council conducts its business.
It is the policy of the Fortuna City Council that, unless otherwise required by State law or other regulation, all City Council meetings shall be conducted under Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (Appendix A-1).
However, no ordinance, resolution, or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the City Council to observe or follow such rules.
Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this document.
These rules in affect shall be in accordance with state law and as set forth below.
The following summarizes the most frequently used actions:
a) Council Members and Staff shall
3. Original Council Policy adopted April 17, 1995, amended and adopted into this document June xx, 2011, - 20 -
1. Work earnestly to preserve appropriate order and decorum during all meetings.
2. Discourage side conversations, disruptions, interruptions or delaying efforts.
3. Ensure that all discussion relate to the subject matter at hand and be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the Council.
4. Agree to disagree but be respectful of one another.
5. Not engage in any abusive or vulgar language and shall avoid any personal attacks on any other member of the City Council, staff, or the public; nor shall they publicly impugn the integrity, honesty or motives of such individuals.
6. Inform the Presiding Officer when departing from a meeting. b) While the Council is in session, all persons shall preserve order and decorum. Any person making personal, impertinent, or slanderous remarks or demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Ralph M. Brown Act (Brown Act)4
.
c) Only the City Council, Staff, Advisory Body Chairs or designated representatives and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. d) Enforcement of Order
1. Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Office shall be required to do so.
2. Upon instructions from the Presiding Officer, it shall be the duty of any police officer present to eject from the Council Chambers any person in the audience who uses boisterous or profane language or any person who interrupts and refuses to keep quiet or take a seat when ordered to do so by the presiding officer or otherwise disrupts the proceedings of the Council.
7.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL5
1. The person must be clearly recognized by the Mayor and is to approach the podium and microphone before speaking.
2. He/she is encouraged to clearly state his/her name for the record.
3. All comments shall be addressed to the City Council. All questions shall be placed through the Mayor.
4. Speakers addressing the City Council will be limited to three minutes per speaker, or such a time as the presiding officer prescribes.
5. All exhibits and documents used by speakers shall be given to the City Clerk for distribution to the Council and staff.
6. We disagree, but will be respectful of one another. All comments will be directed to the issue at hand, and addressed to the City Council. Personal attacks are unacceptable.
7. All questions or rebuttal will be through the Mayor.
4. California Govt. Code 54950, et seq.
5. Original Council Policy adopted November 16, 1993, amended and adopted into this document June xx, 2011. - 21 -
8. If there are numerous people in the audience who wish to participate on an issue, and it is known that all represent the same position, a spokesperson should be selected to speak for the entire group. The spokesperson will therefore have the opportunity of speaking for a reasonable length of time and of presenting a complete case.
9. To avoid unnecessary cumulative evidence, the Mayor may limit the number of witnesses or the time of testimony on a particular issue.
10. Irrelevant and off-the-subject comments will be ruled out of order.
7.3 TYPES OF COUNCIL MEETINGS
All meetings, regular, special, or closed sessions must be conducted within the geographical boundaries of the governing body’s jurisdiction, unless specifically exempted.
7.3.1 Regular Meetings
The Fortuna City Council holds regular meetings on the first and third Monday of each month at 6:00 p.m. The Brown Act requires that public notice be given at least 72 hours before the meeting indicating the time and place of the meeting. An agenda of each meeting is posted in three public places6 .
Regular meetings may be adjourned to a specified time and place. A regular meeting cannot be adjourned past the next regular meeting date.
Regular City Council meetings are televised by Access Humboldt and aired live on public access cable television. A schedule for rebroadcast airings can be found on www.accesshumboldt.org. A link to City Council video is provided on the City’s website, www.friendlyfortuna.com.
7.3.2 Special Meetings
The City Council can call special meetings to review and discuss specific topics. Special meetings also include workshops and study sessions which give the Council the opportunity to review items that require more in depth study than time allows on the regular evening meeting agenda, and to receive informational reports on items that require no formal action.
Members of the City Council and local news media must receive notices of special meetings at least 24 hours prior to the time of the meeting. The notice must specify the time and place of the special meeting and the business to be transacted or discussed.
Regular ordinances may not be adopted at special meetings; only urgency ordinances may be adopted at such meetings. Items not listed on the agenda shall not be considered at the special meeting.
7.3.3 Adjourned Meetings
The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a specified time and place.
A notice of adjournment shall be posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment and include the specified time and place the adjourned meeting will be held.
Noticing of adjourned meetings shall follow the requirements set forth in section 5.3.2 of this document.
6. City Hall, the Chamber of Commerce, and River Lodge
- 22 -
7.3.4 Closed Session
Closed sessions may be held to discuss certain matters specified by law, including:
• Personnel matters to consider the appointment, employment, performance, or dismissal of a public employee; • Matters of national and public safety;
• Labor negotiations;
• License applications by persons with criminal records; • Real estate negotiations;
• Pending litigation;
Closed sessions are attended by the City Council, City Manager, City Attorney (as required), appropriate management staff, and occasionally by a special consultant or attorney depending upon the matter under discussion. Closed sessions are not open to the public. Matters discussed during closed session are confidential and may not be discussed with anyone outside of the closed session or during a public meeting. Violations of the closed session confidentiality requirement could put the City in a perilous position with respect to litigation and represent a violation of the law7 for the person violating the confidentiality requirement.
If any final decisions are made in the closed session meeting, the agency must reconvene in open session where it may be required to report the specific votes and actions taken by the agency.
7.3.5 Emergency Meetings
When an emergency, including but not limited to an earthquake, flooding, or fire occurs, an emergency meeting may be called by the City Council with a one-hour notice to its members and local news media.
The City Council may not meet in closed session during an emergency meeting. Except for the 24-hour notice requirement, the special meeting requirements set forth in section 5.3.2 of this document shall apply in emergency meetings.
7.3.6 Budget Workshops:
Every year, the City Council holds budget workshops to review funding allocations for the goals and objectives outlined by the City Council.
Requirements set forth in section 5.3.2 shall apply to Budget Workshops.
7.4 MINUTES AND RECORD KEEPING
The minutes serve as a source of information for the Council and for the public. Meeting minutes are required to include the following information:
• Members present;
• Motions, proposals, resolutions, orders, ordinances, and other items of business and their disposition; • Results of all votes and, in the case of a roll call vote, the vote of each member by name.
The minutes of the City Council meetings shall be kept by the City Clerk and shall be recorded in a file kept for that
7, California Govt. Code 54950, et seq.
- 23 -
purpose with a record of each particular type of business transacted by the Council set off in paragraphs with subheadings.
The minutes may include a record of the names of persons addressing the Council during public comment, and a brief statement of the subject to which their remarks related.
Minutes of the City Council are “Action Based” minutes, and do not include a verbatim transcript, only motions and votes are shown on the record. Such minutes shall be submitted to the Council for approval and/or correction in draft form at a subsequent meeting.
It is the policy of the City Council that only members of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority vote of the City Council.
Council Members having only typographical corrections to the minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. As a time saving measure, even full correction items may be written ahead and passed to the City Clerk before the meeting. All changes/corrections to the minutes require Council approval.
The City Clerk is responsible for recording, preparing, and filing Council minutes. Minutes of Council meetings are available for review in the City Clerk's office and on-line at www.friendlyfortuna.com.
7.5 AGENDA
The City Manager is responsible for preparation of the City Council agenda; however, the City Clerk’s department is responsible for the actual gathering and copying of the agenda packet.
The agenda is a listing and synopsis of each business item the Council will consider during its meeting. The City Clerk makes the agenda available at every regular meeting.
The agenda and relevant background materials are available at City Hall on Friday before the scheduled Monday Council meeting or on-line at www.friendlyfortuna.com.
7.5.1 Placing Items on the Agenda
In order to facilitate the orderly conduct of the business of the citizens of Fortuna, the City Manager, with input from Department Heads and the City Attorney, shall set the agenda, reviewing same with the Mayor. Each member of the Council shall be provided with a copy of the City Council agenda in accordance with the provisions as outlined in the Brown Act. In order for this to occur the City Clerk shall provide deadlines for the submittal of staff reports to be used in the preparation of the City Council agenda.
Council Members may, at a regularly scheduled meeting, request items to be placed on future agendas during the Future Agenda Items portion of the Council meeting by Council consensus. The Council Member referring the item may provide a brief description of the subject to be printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda.
7.5.2 Order of Agenda Items
The agenda format for the Fortuna City Council regular meetings (first and third Mondays) may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected:
Call to Order/Flag Salute
- 24 -
1. Roll Call
2. Public Comment
3. Presentations, Recognitions, Proclamations
4. Consent Calendar\Report of Disbursements
5. Regular Business Items/Public Hearings
6. City Manager’s Report
7. Future Agenda Items
8. Council Reports and Communications
9. Oral Comments (for closed session, as needed)
10. Closed Session (as needed)
11. Adjournment
7.5.3 City Council Meeting Steps:
For most agenda items, the following sequence of steps will occur:
1. Staff presentation
2. Questions from the City Council
3. Public hearing or public comment (depending upon the nature of the item)
4. Motion or proposed direction to staff (see below for more detail regarding motions)
5. Discussion by the City Council
6. Vote on motion, or verbal expression of consensus
Certain hearings (such as utility rate increases, etc.) may require additional procedures, and the City Attorney will provide appropriate instructions to guide the City Council’s sequence of steps in those instances.
Making and Seconding Motions
Direction is given by the City Council through motions, which are verbal tools to focus discussion on proposed action and, eventually, to memorialize City Council direction. A motion supports orderly deliberation and ensures all voices are heard.
Motions should begin with “I move . . .” to make it clear that this is a motion for action. Most staff reports contain staff’s suggested motion-ready language within the “recommendation” section at the beginning of each staff report, but City Council members may make any desired motion. Motions require another City Council member to “second” the motion, which indicates there is interest in taking action on the motion.
Motions are seconded by verbalizing “I second the motion”. Any City Council member or the Mayor may make or second a motion.
Before the Mayor asks the City Clerk to call the question, the City Council may continue to discuss and deliberate on the merit of the motion. The maker of a motion has the right to speak so the City Council understands the basic premise of the motion, and to address any argument or opposition to the motion. - 25 -
The most commonly used motions are:
Motion Type Action Accomplished Language
Main/Original motion The first motion made which
proposes action
“I move that….”
Amending a motion Either adds or subtracts to the
preceding motion
“I move that the motion be amended
by…”
Refer to a commission, committee
or ad hoc
Refers the matter to a commission,
committee or ad hoc
“I move that the issue be referred to
the [appropriate commission]”
Continue or Postpone Continues or postpones action to a future date (this can be to a date
certain, or off-calendar to indicate
open-ended continuation)
“I move that the issue be [continued
to [specific date or off-calendar]”
Previous Questions Ends discussion and compels a vote “I move the previous question” Limit Debate Re-focuses lengthy or off-topic
discussion, without blocking further
discussion
“I move to limit discussion to [time
limit or topic]”
In addition, a “point of order” question serves to bring discussion that has detoured away from meeting norms back to conformance with proper procedures. The Mayor or any City Council member may call a point of order.
7.6 AGENDA ITEMS
7.6.1 Call to Order
The Mayor will call the meeting to order at 6:00 p.m. and ask that audience members turn off pagers and/or cell phones while in the Council Chambers.
7.6.2 Public Comment
Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Oral Comments from the Public” when that item is called by the Mayor. Each person is entitled to speak on any non-agendized item only once at any meeting. Speakers addressing the City Council will be limited to three minutes per speaker, or such a time as the presiding officer prescribes. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas as described in 5.5.1 of this document, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.
Once public comment has been closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
7.6.3 Presentations, Recognitions, Proclamations
Presentations, recognitions and proclamations shall be scheduled as necessary in recognition of persons or groups, for the promotion of an event or service or general information items to the Council. Requests for Presentations must be submitted to the City Clerk in advance of the agenda deadline. The City Manager shall request approval from the Mayor as to the appropriateness and scheduling of such presentations. Upon approval by the Mayor, the City Clerk will then coordinate the presentation with the requesting party in order to schedule the item on any given agenda. The requesting party determines whether or not he/she will be present for acceptance of such presentation and if not present, the item will be placed under the Consent Calendar of the agenda.
7.6.4 Report of Disbursements
This is an oral report of disbursements for the City and Successor Agency processed through the date of the meeting - 26 -
at which they are reported. No action is required for this item. This topic is on the agenda to satisfy the annual audit requirement demonstrating that the City council is made aware that the financial obligations of the city are being paid on a regular and routine basis.
7.6.5 Consent Calendar
Those items on the Agenda which are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the Consent Calendar. These items so listed shall be approved, adopted, and accepted. by one motion of the Council.
Council Members may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration.
At the request of any Council Member a Consent Calendar Item shall be considered separately in the order of the agenda following approval of the remaining “Consent Calendar”.
7.6.6 Regular Business Items/Public Hearings
Regular Business items are those reports brought forth for Council consideration and/or approval that are not public hearings.
Public Hearings can be legislative or quasi-judicial and may be required on certain items as prescribed by the municipal code or by state or federal law. Legislative decisions generally involve fundamental policy questions of jurisdiction-wide concern; legislative decisions also can involve changes in existing law to govern future situations.
Public hearings usually require adoption of an ordinance, resolution or other action by the Council.
Public Comment will be sought on each regular business item and public hearings.
Once a public hearing/public comment has been closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor. However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
7.6.7 City Manager’s Report
The City Manager’s Report portion of the meeting agenda provides an opportunity for the City Manager to report on items of interest, status reports on significant projects, updates on events or meetings they participated in, and provide acknowledgement to citizens or individuals.
The City Manager’s Report can be presented in Staff Report format or may be done verbally.
7.6.8 Future Agenda Items
Future Agenda Items is a brief list of items to be considered by Council at upcoming Council meetings and serves as an opportunity for Council Members to request items to be placed on a future agenda as described in section 5.5.1 of this document.
7.6.9 Council Reports and Communications
The purpose of this time is to allow Council Members the opportunity to provide a brief update or share information regarding a particular matter.
Examples of appropriate communications would be information of general interest received from outside agencies, comments or inquiries received from individuals and reports on meetings attended and other items of community interest. This time is not intended for action items.
Council Members shall govern themselves as to the length of their comments. The Mayor has the responsibility to assist Council Members in keeping their comments brief. - 27 -
State law8 provides that Council can take action only on such matters that have been properly noticed in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non-agendized items is not allowed.
7.6.10 Public Comment (before Closed Session)
Members of the Public may be heard on any item under the Closed Session. Speakers addressing Council will be limited to three minutes per speaker, or such a time as the presiding officer prescribes. Be advised that, by law, neither the City Council nor the Board is able to discuss, deliberate or take action on issues presented during Closed Session Oral Comments.
7.6.11 Closed Sessions (as needed)
The Brown Act requires all council action to be discussed and taken in open session, except for specified and limited exceptions such as personnel matters, real property negotiations, and pending or threatened litigation.
ALL MATTERS DISCUSSED IN CLOSED SESSION ARE CONFIDENTIAL.
Closed Sessions are held at the end of the regular Council meeting and, if needed, can be continued to the next regular meeting.
A. City Council Members shall consider all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager.
B. If the City Council in closed session has provided direction to the City Manager or City Attorney on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, and/or employee negotiations, all contact with the other party and/or attorney shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation. No Council Member shall have any contact or discussion with the other party or its representative involved with the negotiation, claim or litigation during this time, nor shall any Council Member communicate or disclose any discussion conducted or information received in closed sessions. All public statements, information and press releases shall be handled exclusively by the designated spokesperson.
7.6.12 Adjournment
Adjournment of a meeting is customarily by motion of the City Council or can be accomplished by unanimous consent and the Mayor simply declares the meeting adjourned. A motion to adjourn to another time can be done similarly, but is debatable only as to the time to which the meeting is to be adjourned.
7.7 TYPES OF COUNCIL ACTIONS
7.7.1 Consent Calendar
Those items on the Agenda which are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the Consent Calendar. These items so listed shall be approved, adopted, and accepted. by one motion of the Council.
At the request of any Council Member a Consent Calendar Item shall be considered separately in the order of the agenda following approval of the remaining “Consent Calendar”.
8. California Govt. Code 54950, et seq.
- 28 -
Typical Motion: “I move that Consent Calendar items x - xx (with the exception of items which have been removed) be approved as received.”
The Mayor confirms the motion and the second before calling for the vote.
A second to any motion must be received before a motion may be voted on.
7.7.2 Ordinances
Ordinances are the laws of the municipality. City Councils are given the power to pass ordinances by Government Code Section 37100 as long as those ordinances are not in conflict with the laws and Constitution of the State of California or the United States.
Regular ordinances may only be adopted at a regular City Council meeting or an adjourned regular City Council meeting.9
Approval of an ordinance requires a first reading or introduction and a second reading and adoption, with at least five days between readings (except an urgency ordinance). The passage of an ordinance requires the affirmative votes of at least three Council Members.
A notice of intent to adopt with an ordinance summary may be required to be posted in three public places10 at least five days prior to adoption and a Notice of Adoption with an ordinance summary is posted within 15 days of adoption.11
An ordinance becomes effective 30 days after adoption, except for urgency ordinances or ordinances relating to certain taxes. The 30 day time frame is known as a referendum period. A referendum period is required by state law and is a time frame in which any citizen can file a petition challenging the legality of a recently adopted ordinance.
An ordinance is an action that can be repealed or amended only by a subsequent ordinance.
First Reading
Typical motion: "I move to introduce and hold the first reading of Ordinance xxxx-xxx, and read by title only.
The Mayor confirms the motion and the second, and the City Clerk reads the ordinance title before calling for the vote.
Second Reading
Typical Motion: "I move to hold the second reading and adopt Ordinance xxxx-xxx, and read by title only” The Mayor confirms the motion and the second, and the City Clerk reads the ordinance title before calling for the vote.
A second to any motion must be received before a motion may be voted on.
An ordinance requires a roll call vote.
7.7.3 Urgency Ordinances
In matters deemed by the City Council to warrant immediate action to preserve peace, public safety or health, an
9. California Govt. Code 36934
10. City Hall, the Chamber of Commerce, and River Lodge
11. California Govt. Code Section 36933
- 29 -
emergency ordinance may be passed immediately upon introduction at either a regular or special meeting, and can be effective immediately.
7.7.4 Resolutions
A resolution expresses the policy of the Council on directing certain types of procedural or administrative actions. It requires only one reading and may be changed by subsequent resolution.
A resolution is also required to award contracts and authorize expenditure of funds.
Typical Motion: “I move to adopt Resolution xxxx-xx and read by title only.
The Mayor confirms the motion and the second, and the City Clerk reads the resolution title before calling for the vote.
A second to any motion must be received before a motion may be voted on.
A resolution may be adopted by consent calendar vote, a roll call vote or a voice vote.
7.7.5 Proclamations
A proclamation is a public declaration of the Council’s endorsement of something such as a special event or happening. Such a public announcement usually is made at the request of the organization sponsoring the event or happening and not for functions of a personal nature including but not limited to, a birthday or anniversary.
7.7.6 Minute Orders
These ordinarily indicate majority approval for a procedural action. Minute orders are usually used for disposition of business items on the agenda. Minute Orders apply to items in which action was taken by the council other than a resolution or ordinance.
7.7.7 Public Hearings
A public hearing is the open consideration of an issue within a regular meeting of the City Council, for which special public notice has been given and may be required. During a specified portion of the hearing, any resident or concerned individual is invited to present information, offer support or objection for the subject under consideration. Public hearings are required for such items including but not limited to, zoning changes, annexations, and fees or rates.
A public hearing may be continued or re-continued12 to a subsequent meeting following the same procedures set forth in section 5.3.3 of this document.
8. CITY ORGANIZATION
8.1 CITY MANAGER
The City Manager, appointed by the City Council, is responsible for the overall administration of the City in response to the policies and programs established by the City Council. The City Manager is responsible for forecasting the program and service needs of the City and its related financial, personnel, and capital improvement requirements.
Among the programs conducted through the City Manager are the overall direction of all City departments, development and implementation of the City’s annual budget, and providing overall planning for future City operations.
12. California Govt. Code Section 54955.1
- 30 -
8.2 CITY ATTORNEY
The City Attorney, appointed by the City Council, is responsible for providing necessary legal services and guidance to the City Council, the City Manager, department managers, and City boards, commissions and committees to ensure that City functions are performed on a sound legal basis.
8.3 CITY EMPLOYEES
City employees comprise the majority of City government. They perform the day-to-day functions necessary to provide municipal services. Department managers administer specific functions of City government and are responsible to the City Manager.
9. ADVISORY COMMISSIONS AND BOARDS13
9.1 OVERVIEW
The city council is authorized to establish boards, commissions and committees. These boards, committees and commissions shall be organized and governed by Section 2.20 of the municipal code, unless otherwise stated in the ordinance establishing said board, committee or commission. (Ord. 2006-663 § 2).
9.1.1 Qualifications
Membership on such bodies shall be representative of the entire community insofar as possible, and members on such boards, commissions and committees shall be willing to serve as a civic responsibility and without compensation. No member of any board or commission shall hold any paid office or employment in the city government, unless, by resolution, such membership is specifically authorized or required. Appointments of qualified non-city residents shall require a four-fifths vote of the council for confirmation. In order to be eligible for appointment to any board or commission, a person shall be a qualified registered elector of the city of Fortuna, or be the owner of a business located within the city limits. However, in no event shall less than a majority of any board or commission be made up of qualified registered electors of the city. (Ord. 2006-663 § 2).
9.1.2 Temporary committees
The mayor and the city manager, with the approval of the council, may appoint from time to time such temporary committees as are deemed advisable to render counsel and advice to the council and the city manager on any designated matters or subjects within the jurisdiction of the council and the city manager. Membership on such committees shall not be limited by the requirements of this chapter. (Ord. 2006-663 § 2).
9.1.3 Appropriations
The council shall include in the annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards, commissions and committees. (Ord. 2006-663 § 2).
9.1.4 Appointments – Terms
A. The members of each such board or commission shall be appointed by the mayor with the approval of the council.
The members thereof shall serve for a designated term and until their respective successors are appointed and qualified.
B. The terms of the commissioners shall be staggered in order to provide continued continuity to the board. No more than one-half plus one of the board members’ terms may expire in a given year. (Ord. 2006-663 § 2).
13. Fortuna Municipal Code Section 2.20
- 31 -
9.1.5 Vacancies
A. If a member of a board, commission, or committee fails to file a financial disclosure form, if required by the city’s conflict of interest code, in the manner and at the time required by law, or violates FMC 2.20.100, Conflict of interest, that office shall become vacant and so declared by the council.
B. Any vacancies in any board, commission, or committee, from whatever cause arising, shall be filled by appointment by the mayor with the approval of the council. When a vacancy occurs, any appointment to fill such vacancy shall be for the unexpired term.
C. If a member of a board, commission, or committee absents himself from 25 percent of the scheduled meetings, or three consecutive regular meetings of such board, commission, or committee, unless by permission of such board or commission expressed in its official minutes, or ceases to be a qualified elector of the city, his office shall become vacant and shall be so declared by the council.
D. Any member of a board, commission, or committee may be removed with or without cause by the mayor with approval of the city council.
E. Applications for all scheduled and unscheduled appointments shall be solicited as determined by the city manager. (Ord. 2006-663 § 2).
9.1.6 Officers
A. At the first regular meeting in January of every year, each of such boards, commissions and committees shall organize by electing a chairperson and vice-chairperson from its membership to serve at the pleasure of such board or commission. In the absence or disability of the chairperson and vice-chairperson, each such board or commission may designate a temporary chairperson.
B. The city manager shall designate a staff member(s) who shall provide for the recording of minutes for each such board or commission, keep a record of its proceedings and transactions, provide staff assistance, and act as principal staff advisor. (Ord. 2006-663 § 2).
9.1.7 Meetings – Rules and regulations – Quorum
A. Meetings. Each such board or commission shall hold regularly scheduled meetings at a time to be designated by the board or commission and such special meetings as such board or commission may require. Insofar as possible, all meetings of such boards, commissions and committees shall be held either in the council chambers or in the conference room of the City Hall. All meetings shall be open to the public, and shall comply with the public meeting provisions of the Brown Act.
B. Rules, Regulations, and Records. Each board or commission may prescribe its own rules and regulations for the transaction of its business, which rules and regulations shall be subject to the approval of the city council, and shall be kept on file in the office of the city clerk where they shall be available for public inspection. Each board or commission shall keep a written record of its meetings, resolutions, transactions, findings, and determinations, copies of which shall be kept on file in the office of the city clerk.
C. Quorum. A majority of the members of every such board or commission shall constitute a quorum for the transaction of business, and the affirmative or negative vote of a majority of the entire membership shall be necessary for the final transaction of any business. (Ord. 2006-663 § 2).
9.1.8 Compensation.
Unless otherwise provided for, the members of boards, commissions, and committees shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have been authorized by the council. (Ord. 2006-663 § 2). - 32 -
9.1.9 Conflict of interest
No member of a board, commission, or committee shall be or become directly or indirectly financially interested in or with the performance of any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is payable from the city treasury or treasury of the Successor Agency if such contract, work, business, or sale falls within the advisory duties delegated to the board, commission, or committee upon which such member is serving; and provided further, that no member shall be deemed to be financially interested, within the meaning of the foregoing provisions, if such interest is not a prohibited interest under, and disclosure is made in accordance with, the provisions of California Government Code, or under the provisions of the Political Reform Act of 1974. (Ord. 2006-663 § 2).
9.2 HISTORICAL COMMISSION
9.2.1 Established – Purpose
There is created a historical commission, which shall consist of five members.
The historical commission is established specifically for the preservation of the Northwestern Pacific Depot building which is a structure of significant historic and architectural worth, and for the administration of the museum to be housed in said building which will provide reminders of past eras, events, and persons important to the city. The museum will be a receptacle for future generations as an example of physical amenities used by past generations. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 355 § 1, 1975).
9.2.2 Membership terms
The historical commission shall consist of five members. The term of office for historical commission members shall be three years. (Ord. 2006-663 § 2; Ord. 2005-654 § 2; Ord. 98-616 § 2; Ord. 97-611 § 2; Ord. 90-558; Ord. 355 § 2, 1975).
9.2.3 Council representative
The mayor may designate one member of the city council to attend the meetings of the historical commission and provide the council with periodic reports concerning the commission’s activities. While attending commission meetings, the designated council member shall observe such rules of conduct as may be adopted and amended by the council from time to time. (Ord. 2006-663 § 2; Ord. 98-616 § 2; Ord. 97-611 § 2; Ord. 355 § 3, 1975).
9.2.4 Museum operation
A. The commission shall determine the types of material artifacts to be displayed in the museum.
B. The commission shall recommend hours the museum will remain open.
C. The commission is authorized to accept material to be displayed either as gifts or loans and shall determine how such material will be marked and identified. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 355 § 4, 1975).
9.3 PARKS AND RECREATION COMMISSION
9.3.1 Established – Purpose
There is created a parks and recreation commission which shall consist of five members.
The commission is created to serve in an advisory capacity to the city council, city manager and the city staff in all matters pertaining to public parks and recreation. (Ord. 2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 82- 460 § 1).
9.3.2 Membership Terms
The parks and recreation commission shall consist of five members. The term of office for parks and recreation commissioners shall be three years. (Ord. 2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2). - 33 -
9.3.3 Council Representative
The mayor may designate one member of the city council to attend the meetings of the parks and recreation commission and provide the council with periodic reports concerning the commission’s activities. While attending commission meetings, the designated council member shall observe such rules of conduct as may be adopted and amended by the council from time to time. (Ord. 2006-663 § 2; Ord. 97-611 § 2; Ord. 82-460 § 1).
9.4 PLANNING COMMISSION 14
9.4.1 Established – Purpose
There is created a planning commission to be known as the Fortuna planning commission, which shall consist of seven members, and one alternate member.
A. The commission shall exercise all the powers and duties provided for a city planning commission under the laws of the state and such additional duties as may be assigned by the city council and by provision as set forth in the city subdivision and zoning ordinances.
B. The provisions of this section shall not be construed as affecting or limiting, or as a prerequisite to, the powers of the city council or the electors of the city to legislate, or in any way conflict with, the powers and duties of the city council and the other boards or departments of the city. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 77-369; Ord. 348 § 2(A), 1974).
C. The Planning Commission shall act on design review applications and follow the procedures as set forth in FMC
17.07.100 (Ordinance 2014-707). The purpose of design review is to review the design, layout, and other features of proposed development in keeping with the intent and purposes set forth in the Fortuna General Plan.
9.4.2 Membership Terms
The planning commission shall consist of seven members, and one alternate. The term of office for planning commissioners shall be four years and for the alternate shall be two years. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 348 § 2(B), 1974).
9.4.3 Compensation
Each planning commissioner shall receive $30.00 for each meeting they attend to cover their out-of-pocket expenses. (Ord. 2006-663 § 2; Ord. 2000-622 § 2).
9.4.4 Alternate Member
A. In addition to the seven regular members, the mayor, with the approval of the city council, shall appoint one resident alternate commissioner for a term of two years, who shall have all of the powers and duties of a regular commissioner except his or her right to vote shall be allowed and have legal effect only when seated as an acting commissioner in the absence of one of the regular commissioners.
B. When a permanent vacancy is created on the commission, the alternate shall fill that vacancy as a regular member for the remainder of that commissioner’s term of office. A new alternate member shall be appointed by the mayor.
C. The alternate shall, like regular members, attend the regular and special meetings of the commission. The alternate shall review staff reports and documents and otherwise prepare for such meetings. At such meetings the alternate shall be identified for the record.
D. The alternate shall publicly announce any items on the agenda that he/she is disqualified from participating in
14. For statutory provisions regarding the planning commission, see Government Code § 65100 et seq. - 34 -
because of a conflict of interest. If, as a result of absences or conflicts of interest by the regular members at a regular or special meeting, the alternate shall move to the seat of a regular member and shall participate as a regular member.
E. The qualifications, appointment, removal and other requirements applicable to the alternate shall be the same as those for regular members of the commission. The alternate shall also be subject to the requirements of and shall abide by the Ralph M. Brown Act, the Political Reform Act and other law applicable to the regular members of the commission. (Ord. 2006-663 § 2; Ord. 2003-641 § 1).
A-1
10. APPENDIX
10.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - "Robert's Rules of Order" - which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time, and for another purpose. If one is chairing or running a Parliament, then "Robert's Rules of Order" is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of, say, a 5-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of "Rosenberg's Rules of Order."
What follows is my version of the rules of parliamentary procedure, based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
(1) Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
(2) Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. (3) Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
(4) Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision-making by the body.
In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, and fully participate in the process.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the Chair of the body who is charged with applying the rules in the conduct of the meeting. The Chair should be well versed in those rules. The Chair, for all intents and purposes, makes the final ruling on the rules every time the Chair states an action. In fact, all decisions by the Chair are final unless overruled by the body itself.
Since the Chair runs the conduct of the meeting, it is usual courtesy for the Chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the Chair should not participate in the debate or discussion. To the contrary, the Chair as a member of the body has the full right to participate in the debate, discussion and decision-making of the body. What the Chair should do, however, is strive to be the last to speak at the discussion and debate stage, and the Chair should not make or second a motion unless the Chair is convinced that no other member of the body will do so at that point in time.
A-2
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreedupon roadmap for the meeting. And each agenda item can be handled by the Chair in the following basic format:
First, the Chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The Chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the Chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the Chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the Chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the Chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the Chair may limit the time of public speakers. At the conclusion of the public comments, the Chair should announce that public input has concluded (or the public hearing as the case may be is closed).
Fifth, the Chair should invite a motion. The Chair should announce the name of the member of the body who makes the motion.
Sixth, the Chair should determined if any member of the body wishes to second the motion. The Chair should announce the name of the member of the body who seconds the motion. (It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the Chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the Chair.) Seventh, if the motion is made and seconded, the Chair should make sure everyone understands the motion. This is done in one of three ways: (1) The Chair can ask the maker of the motion to repeat it. (2) The Chair can repeat the motion. (3) The Chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the Chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the Chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
Ninth, the Chair takes a vote. Simply asking for the "ayes", and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain". Unless the rules of the body provide otherwise (or unless a super-majority is required as delineated later in these rules) then a simple majority determines whether the motion passes or is defeated.
Tenth, the Chair should announce the result of the vote and should announce what action (if any) the body has taken.
In announcing the result, the Chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days notice for all future meetings of this body." A-3
Motions in General
Motions are the vehicles for decision-making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the Chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words: "I move . . . . "
So, a typical motion might be: "I move that we give 10-day's notice in the future for all our meetings." The Chair usually initiates the motion by either (1) Inviting the members of the body to make a motion. "A motion at this time would be in order." (2) Suggesting a motion to the members of the body. "A motion would be in order that we give 10-day's notice in the future for all our meetings." (3) Making the motion. As noted, the Chair has every right as a member of the body to make a motion, but should normally do so only if the Chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a 5-member committee to plan and put on our annual fundraiser." The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10-member committee." A motion to amend takes the basic motion which is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused. But they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it.
The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So that if a member makes what that member calls a "motion to amend", but the Chair determines that it is really a "substitute motion", then the Chair's designation governs.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time. The Chair can reject a fourth motion until the Chair has dealt with the three that are on the floor and has resolved them.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. So, for example, assume the first motion is a basic "motion to have a 5- member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a 5-member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows:
First, the Chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for A-4
the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed then the Chair would proceed to consideration of the second (now, the last) motion on the floor, the motion to amend.
Second, if the substitute motion failed, the Chair would now deal with the second (now, the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee by 5 members or 10 members). If the motion to amend passed the Chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed the Chair would now move to consider the main motion (the first motion) in its original format, not amended.
Third, the Chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (5-member committee), or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the Chair must immediately call for a vote of the body without debate on the motion):
A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the Chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote.
A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold". The motion can contain a specific time in which the item can come back to the body: "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of this motion is to say: "I move the previous question" or "I move the question" or "I call the question." When a member of the body makes such a motion, the member is really saying:
"I've had enough debate. Let's get on with the vote". When such a motion is made, the Chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a 2/3 vote of the body. Note:
that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a 2/3 vote of the body. A similar motion is a A-5
motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a 2/3 vote.
Majority and Super-Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a 7-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which, effectively, cuts off the ability of a minority of the body to take an action or discuss and item.
These extraordinary motions require a 2/3 majority (a super-majority) to pass:
Motion to limit debate. Whether a member says "I move the previous question" or "I move the question" or "I call the question" or "I move to limit debate", it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a 2/3 vote to pass.
Motion to close nominations. When choosing officers of the body (like the Chair) nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a 2/3 vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled, or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a 2/3 vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a 2/3 vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate, perhaps disagreement and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to a re-opener if a proper motion to reconsider is made.
A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First, is timing. A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and by a 2/3 majority, can allow a motion to reconsider to be made at another time.) Second, a motion to reconsider can only be made by certain members of the body. Accordingly, a motion to reconsider can only be made by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she can make the motion to reconsider (any other member of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again. That would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is then in order. The matter can be discussed and debated as if it were on the floor for the first time.
A-6
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the Chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before proceeding to speak.
The Chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not.
The Chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the Chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be: "point of privilege." The Chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear.
Order. The proper interruption would be: "point of order." Again, the Chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.
For example, if the Chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
Appeal. If the Chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the Chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the Chair discovers that the agenda has not been followed, the Chair simply reminds the body to return to the agenda item properly before them. If the Chair fails to do so, the Chair's determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the Chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public-friendly. But in addition, and particularly for the Chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
A-7
About the Author
Dave Rosenberg is a Yolo Superior Court Judge. Formerly, he served over 20 years in local government, including 12 years on the Davis City Council (with two terms as Mayor) and 7 years on the Yolo County Board of Supervisors (with two terms as Chairman of the Board). He has been Chairman or presiding officer of numerous boards, commissions and organizations, spanning over three decades including the California State Lottery Commission, the California State Victim Compensation and Government Claims Board (formerly known as the Board of Control), the Yolo County Economic Development Commission, the Yolo County Criminal Justice Cabinet, the Davis Odd Fellows Lodge, and others. He currently serves as Presiding Judge of the Yolo Superior Court. Rosenberg has taught workshops on "Rosenberg's Rules of Order" for over a decade, to county supervisors, mayors, city council members and others. His "Rosenberg's Rules of Order" have been adopted by numerous cities and other jurisdictions and organizations throughout California.
CITY OF FORTUNA
City Council
Policies & Procedures
Manual
The City of Fortuna’s mission is to be worthy of the public trust by providing timely, efficient, well-planned and dependable services to the community.
Prepared by
The City Clerk’s Office
Linda McGill, CMC
~ - 2 - ~
TABLE OF CONTENTS
1. LOCAL GOVERNMENT IN FORTUNA.......................................................................- 5 -
1.2 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL......................... - 5 -
1.3 COUNCIL-MANAGER FORM OF GOVERNMENT ............................................................ - 5 -
1.4 MAYOR AND CITY COUNCIL MEMBERS......................................................................... - 5 -
1.5 THE MUNICIPAL CODE ........................................................................................................ - 6 -
2. YOUR ROLE AS A CITY COUNCIL MEMBER ..........................................................- 6 -
2.2 RESPONSIBILITIES................................................................................................................ - 6 -
2.3 COUNCIL GOALS................................................................................................................... - 6 -
2.4 POLICY AND ADMINISTRATION ....................................................................................... - 7 -
2.5 SERVICES AND RESOURCES .............................................................................................. - 7 -
2.6 COMMUNICATION/PUBLIC INPUT .................................................................................... - 7 -
2.7 CONSTITUENT REQUESTS .................................................................................................. - 8 -
3. CODE OF ETHICS .........................................................................................................- 8 -
3.2 PREAMBLE.............................................................................................................................. - 8 -
3.3 PUBLIC INTEREST................................................................................................................. - 8 -
3.4 CONDUCT................................................................................................................................ - 8 -
3.4.1 City Manager Form of Government:.................................................................................. - 8 -
3.4.2 Influence:............................................................................................................................ - 8 -
3.4.3 City Representation:........................................................................................................... - 8 -
3.4.4 Confidential Matters: ......................................................................................................... - 9 -
3.4.5 Conflict of Interest: ............................................................................................................ - 9 -
3.4.6 Conduct at Meetings: ......................................................................................................... - 9 -
3.4.7 Council Committees:.......................................................................................................... - 9 -
3.4.8 Compliance with Intent of Council Conduct Code:........................................................... - 9 -
3.5 CONFLICT OF INTEREST...................................................................................................... - 9 -
3.5.1 Applicable Law. ................................................................................................................. - 9 -
3.5.2 Sources of Assistance....................................................................................................... - 10 -
3.5.3 Identifying Conflicts ........................................................................................................ - 10 -
3.5.4 General Rules................................................................................................................... - 10 -
4. SALARIES .....................................................................................................................- 11 -
4.2 SALARY AND REIMBURSEMENT .................................................................................... - 11 -
4.3 BENEFITS .............................................................................................................................. - 11 -
4.3.1 Group Health Insurance ................................................................................................... - 12 -
4.3.2 Training, Meetings, Conferences..................................................................................... - 12 -
5. CONDUCT OF CITY COUNCIL MEETINGS............................................................- 12 -
5.1 PARLIAMENTARY PROCEDURE ...................................................................................... - 12 -
5.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL...................... - 13 - ~ - 3 - ~
5.3 TYPES OF COUNCIL MEETINGS....................................................................................... - 13 -
5.3.1 Regular Meetings............................................................................................................. - 13 -
5.3.2 Special Meetings.............................................................................................................. - 13 -
5.3.3 Adjourned Meetings......................................................................................................... - 14 -
5.3.4 Closed Session ................................................................................................................. - 14 -
5.3.5 Emergency Meetings........................................................................................................ - 14 -
5.3.6 Budget Workshops:.......................................................................................................... - 14 -
5.4 MINUTES AND RECORD KEEPING .................................................................................. - 14 -
5.5 AGENDA ................................................................................................................................ - 15 -
5.5.1 Placing Items on the Agenda............................................................................................ - 15 -
5.5.2 Order of Agenda Items..................................................................................................... - 15 -
5.6 AGENDA ITEMS ................................................................................................................... - 16 -
5.6.1 Call to Order..................................................................................................................... - 16 -
5.6.2 Public Comment............................................................................................................... - 16 -
5.6.3 Presentations, Recognitions, Proclamations..................................................................... - 16 -
5.6.4 Report of Disbursements.................................................................................................. - 16 -
5.6.5 Consent Calendar ............................................................................................................. - 16 -
5.6.6 Regular Business Items/Public Hearings ......................................................................... - 16 -
5.6.7 City Manager’s Report..................................................................................................... - 16 -
5.6.8 Future Agenda Items........................................................................................................ - 17 -
5.6.9 Council Reports and Communications............................................................................. - 17 -
5.6.10 Public Comment (before Closed Session)........................................................................ - 17 -
5.6.11 Closed Sessions (as needed)............................................................................................. - 17 -
5.6.12 Adjournment .................................................................................................................... - 17 -
5.7 TYPES OF COUNCIL ACTIONS.......................................................................................... - 17 -
5.7.1 Consent Calendar ............................................................................................................. - 17 -
5.7.2 Ordinances........................................................................................................................ - 18 -
5.7.3 Urgency Ordinances......................................................................................................... - 18 -
5.7.4 Resolutions....................................................................................................................... - 18 -
5.7.5 Proclamations................................................................................................................... - 19 -
5.7.6 Minute Orders .................................................................................................................. - 19 -
5.7.7 Public Hearings................................................................................................................ - 19 -
6. CITY ORGANIZATION................................................................................................- 19 -
6.1 CITY MANAGER................................................................................................................... - 19 -
6.2 CITY ATTORNEY ................................................................................................................. - 19 -
6.3 CITY EMPLOYEES ............................................................................................................... - 19 -
7. ADVISORY COMMISSIONS AND BOARDS.............................................................- 19 -
7.1 OVERVIEW............................................................................................................................ - 19 -
7.1.1 Qualifications................................................................................................................... - 19 -
7.1.2 Temporary committees..................................................................................................... - 20 -
7.1.3 Appropriations.................................................................................................................. - 20 -
7.1.4 Appointments – Terms..................................................................................................... - 20 -
7.1.5 Vacancies......................................................................................................................... - 20 -
7.1.6 Officers............................................................................................................................. - 20 -
7.1.7 Meetings – Rules and regulations – Quorum................................................................... - 20 -
7.1.8 Compensation................................................................................................................... - 21 - ~ - 4 - ~
7.1.9 Conflict of interest. ........................................................................................................... - 21 -
7.2 HISTORICAL COMMISSION ............................................................................................... - 21 -
7.2.1 Established – Purpose ...................................................................................................... - 21 -
7.2.2 Membership terms ............................................................................................................ - 21 -
7.2.3 Council representative ...................................................................................................... - 21 -
7.2.4 Museum operation ............................................................................................................ - 21 -
7.3 PARKS AND RECREATION COMMISSION ...................................................................... - 21 -
7.3.1 Established – Purpose ...................................................................................................... - 21 -
7.3.2 Membership Terms .......................................................................................................... - 21 -
7.3.3 Council Representative .................................................................................................... - 21 -
7.4 PLANNING COMMISSION ................................................................................................. - 22 -
7.4.1 Established – Purpose ...................................................................................................... - 22 -
7.4.2 Membership Terms .......................................................................................................... - 22 -
7.4.3 Compensation ................................................................................................................... - 22 -
7.4.4 Alternate Member ............................................................................................................ - 22 -
8. APPENDIX .......................................................................................................................... 1
8.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ................................................ 1
8.2 COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT ............................................ 7 ******************************************************************************************************************* HISTORY:
Adopted June 20, 2011 by Resolution 2011-14
Amended August 6, 2012 by Resolution 2012-41 (Appendix 8.2 added) Amended August 17, 2015 by Resolution 2015-27
_______________/s/____________________
Sue Long, Mayor
ATTEST:
__________/s/___________________
Linda McGill CMC, City Clerk
- 5 -
1. LOCAL GOVERNMENT IN FORTUNA
Fortuna was incorporated as a City in 1906, being
governed by a City Council. In 1977, the City, by
ordinance, established the Council-Manager form of
government. Fortuna is a Charter City and the City
Council is the governing body. The City Council is
vested with all the regulatory and corporate powers of
a municipal corporation provided for by state law
governing charter cities.
1.2 RULES FOR AMENDING THIS POLICIES
& PROCEDURES MANUAL
The City Council shall determine its own policies and
procedures and amend them from time to time and/or
adopt new ones. Amendment to this manual or
adoption of new policies or procedures shall require a
majority vote of the council.
1.3 COUNCIL-MANAGER FORM OF
GOVERNMENT
Under the Council-Manager form of government,
citizens elect their Council Members who make
decisions which determine the policies of the City.
The City Council is the governing body of the City
responsible for establishing policies and programs.
The City Council is responsible to see that local
policies and laws address both short and long term
needs, and that citizens receive a return on their tax
investment in terms of efficient City services.
While the City Council establishes policies and
programs, it is the responsibility of the City Manager
to apply and administer those policies to the day-today operations of the City. The City Manager oversees all City operations and is the liaison between the Council and the City staff.
Teamwork between the Council and the Manager is a
key element of the Council-Manager plan. The
pooling of skills is essential to resolve the many
complex problems that face the City today. The
Council-Manager plan seeks to enhance the
effectiveness of local policy-making and municipal
operations.
1.4 MAYOR AND CITY COUNCIL MEMBERS
The City of Fortuna is governed by a five-member
City Council elected to four-year terms on a staggered
basis. Council Members are elected in the general
election in November of even numbered years. After
each general election, the City Council elects a Mayor
and Mayor Pro Tempore from its own membership.
The Mayor is the presiding officer of the City
Council. As presiding officer, the Mayor calls
Council meetings to order, announces the order of
business as detailed on the agenda, states motions,
calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and
enforces the Council's rules and parliamentary
procedures. When the Mayor is absent at any
meeting, the Mayor Pro Tempore shall serve as
Mayor. When the Mayor and Mayor Pro Tempore are
absent at any meeting of the Council, the next most
senior member of the Council as determined by years
of service on the Council or, if equal, by the number
of votes received in the municipal election in which
they were elected shall serve as Mayor.
The Mayor also, with Council approval, signs all
ordinances, resolutions, and other records of
proceedings approved by the Council. The Mayor has
no veto power. The Mayor Pro Tempore serves in the
capacity of the Mayor during any absence or
incapacitation of the Mayor.
The Mayor and members of the Council are elected to
provide leadership in setting goals and in formulating
policies. The City Council is the focal point for
identifying and interpreting the wishes of the citizens and translating these into specific programs.
Successful goal setting and policy formulation largely
depend on a good working relationship amongst the
Council and between the Council and the
administrative staff. Under the City Manager’s
direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and
calculating the costs of proposals. However, the
Council has the final responsibility for establishing
local policies and determining services and budget
levels appropriate for the City.
The City Council also serves as Board Members for
the Fortuna Successor Agency to the Former
Redevelopment Agency (Successor Agency)), the
Fortuna Public Financing Authority (FPFA) and the
Fortuna Public Improvement Corporation (FPIC),
with all meetings being held concurrently. References
- 6 -
in this document to the “City Council”, also includes
the Council’s role on the Successor Agency, FPFA
and FPIC.
1.5 THE MUNICIPAL CODE
The Fortuna Municipal Code sets forth the regulatory,
penal and administrative laws of general application to the City. Local ordinances adopted by the City
Council are codified in the municipal code by the City
Clerk. These laws are enforceable by the City, and
violation constitutes a misdemeanor or infraction.
The municipal code is divided into the following
categories:
• General Provisions
• Administration and Personnel
• Revenue and Finance
• Business Taxes, Licenses and Regulations
• Animals
• Health and Safety
• Public Peace, Safety and Morals
• Vehicles and Traffic
• Streets Sidewalks and Public Places
• Utilities
• Cable and Open Video Systems
• Buildings and Construction
• Subdivisions
• Zoning
• Tables
• Index
Other directives and policies of the City Council are
recorded in Council resolutions or by minute action of
the Council.
2. YOUR ROLE AS A CITY COUNCIL MEMBER
2.2 RESPONSIBILITIES
The City Council is the elected legislative and policymaking body of the City government. The Council is responsible to the citizens for:
• Hiring the City Manager and the City Attorney.
• Establishing City-wide goals that address short
and long range needs.
• Formulating policies that define a course of action
that shape City operations.
• Providing quality services within available
resources.
• Acting as a representative between the
professional staff and local citizens.
City Council Members are local leaders. The
electorate expects the Council to set the tone and
direction for municipal operations. Strategic planning
and goal setting are the tools that enable a Council to define their vision and determine methods for
accomplishing their goals.
2.3 COUNCIL GOALS
Goal setting requires time, energy, and a well-defined
process. Every two years, usually in January
following a City Council election, the Council meets
with the City Manager and the various department
managers in a goal setting/priority projects session to review progress on goals previously set, and defines
new goals and objectives for the City. While a myriad
of responsibilities consume the limited time and
energy of elected officials, there are some definite
advantages for engaging in the process:
1. Goal setting gives the Council a basic framework
for action. By setting goals and then deciding
those that are most important, the Council is
defining what it wants to achieve over a given
period of time. Otherwise, the Council may find
itself floating from issue to issue, crisis to crisis.
2. Goal setting helps the Council spend its time more
wisely. When you know what you are trying to
accomplish, you can allocate most of your time to
important issues.
3. Goal setting gives everyone a chance to share
their individual goals and priorities and then
work out the differences. The Council ends up
with a list of goals to which everyone is
committed.
4. Goal setting gives the City Manager clear
guidelines to get the job done. It lets the City
Manager know exactly what the Council is trying
to accomplish as a group. Without clearly defined
goals, the City Manager may get conflicting
- 7 -
signals and end up not meeting anyone's goals.
5. Goal setting gives the Council and staff, some
important budget guidelines. Knowing what
programs and issues are the highest priorities will
enable staff to have a better idea of how to
allocate funds when preparing the budget for
Council approval.
6. Goal setting gives the Council an evaluation tool.
When goals and priorities are set, the Council has
valuable data in hand to determine how well the
Council and the City Manager did in achieving the
agreed upon goals and priorities.
Goal setting will not solve all the immediate
problems, nor guarantee that a crisis will not occur;
but it will help you get a better idea of what is
happening in the City and allow you to define what
you want to happen over the long term.
2.4 POLICY AND ADMINISTRATION
A dictionary definition of "policy" states that it is "any plan or course of action designed to influence and
determine decisions, actions, and other matters." For a City Council, policy is the business of making
decisions about the City. Examples of policy
decisions include:
• The decision to submit to voters a bond measure
for capital improvements.
• The adoption of an ordinance regulating sewer
and water operations.
• Approval of land-use policies and implementation
procedures.
• Decisions concerning projects which involve
federal and state grants as well as local
expenditures.
In theory, the distinction between policy and
administration has been that policy is the process of
determining what is to be done, while administration
is the process of determining how to do it. A policy is what the Council defines it to be. However, the dayto-day operation of the various departments is administration. In reality, a fine line exists between
policy and administration; any issue that is perceived
as important or controversial can become a "policy"
matter.
The City Council has the final say in major decisions
such as: adoption of the budget; acceptance of a new
classification and compensation plan; selling a bond
issue; or instituting a new project. While it has a
dominant role in policy matters, the City Manager,
staff and citizens play a prominent role in the
development of policies.
The City Council, City Manager, and staff analyze
City needs, identify available resources, and suggest
courses of action, but the Council has the final say on matters that affect services.
Because the distinction between policy and
administration is frequently blurred, tension can result when the City Council, City Manager, and/or staff
feels that their area of responsibility is being infringed upon.
Perhaps the best way to prevent conflicts over whether
or not something is policy or administration is for the Council and the administrative staff to discuss and
attempt to clarify their respective roles and
expectations of one another. The result can be a more
effective and harmonious partnership.
2.5 SERVICES AND RESOURCES
While the electorate expect high quality local
government services at minimum cost, the existing
social and economical conditions make this
increasingly difficult to achieve. Today's City
Council is part of an era that requires a variety of
strategies for getting by with less.
In difficult fiscal times, it may be necessary to
consider cutbacks, reallocations, trade-offs, program
terminations, and re-thinking what services the City
should provide. However, the continued charge will
be to provide the best level of service with the
resources that are available.
2.6 COMMUNICATION/PUBLIC INPUT
Elected officials not only represent their constituents and make decisions on their constituents’ behalf, but
they also have the opportunity to communicate with
the public.
- 8 -
While some people mistrust government, the City
Council can take a leadership role in promoting twoway communication with the public. Citizens’ views can be sought in a variety of ways: public meetings;
advisory committees; citizen surveys; and volunteer
assistance in City government. Similarly, the Council
can express its view by speaking to local civic groups, and working with the press and other news media to
provide accurate and up-to-date information.
2.7 CONSTITUENT REQUESTS
Members of the Council will frequently receive
requests or complaints. In most cases, the City staff
can resolve these problems. The main thing is for the
Council Member to get the basic information, and
then pass this on to the City Manager for appropriate
action. The key to answering constituent requests is
to be specific in what the Council Member will do,
i.e., promise a timely response, or look personally at
the problem, while avoiding a commitment to “fix
anything.”
3. CODE OF ETHICS
3.2 PREAMBLE
The residents and businesses of Fortuna are entitled to have fair, ethical, and accountable local government.
Such a government requires that:
• Public officials comply with both the letter
and spirit of the laws and policies affecting
operations of the government;
• Public officials be independent, impartial, and
fair in their judgment and actions;
• Public office be used for the public good, not
for personal gain; and
• Public deliberations and processes be
conducted openly, unless legally confidential,
in an atmosphere of respect and civility.
To this end, the City of Fortuna City Council adopts
this Code of Ethics to encourage public confidence in
the integrity of local government and its operation.
3.3 PUBLIC INTEREST
Council Members will work for the common good of
the people of Fortuna and not for any private or
personal interest, and they will endeavor to treat all
persons, claims, and transactions in a fair and
equitable manner.
Council Members shall comply with the laws of the
nation, the State of California, and the City in the
performance of their public duties.
3.4 CONDUCT
It is the policy of the City of Fortuna that the members of the Fortuna City Council conduct themselves
individually and as a council so that all matters related to the City are conducted in an open, fair, responsible and impartial manner, that all City business be
conducted in an orderly and efficient manner, that all
governmental policies be made in the proper channels
of the government structure, that public offices not be used for personal gain and that the public have
confidence in the integrity of its government.
Therefore, the following Rules of Conduct shall be
observed by each City Council Member.1
3.4.1 City Manager Form of Government:
The Council affirms Chapter 2.08 of the Fortuna
Municipal Code which provides that the City Manager
is the administrative head of the City government and
that only the City Manager is authorized to give
direction to members of the City Staff.
3.4.2 Influence:
Council Members must recognize that it is important
for City Staff, Commissions and Committees to be
able to make objective recommendations on items
related to the City. Council Members must be certain
that any opinions expressed to members of Staff,
Commissions and Committees are clearly identified as
individual personal opinions, unless official Council
action has been taken on the subject in question.
3.4.3 City Representation:
Council Members, simply by being Council Members,
are at all times viewed as representatives of the City.
The conduct of Council Members is a direct reflection
on the City and members should conduct themselves
accordingly. Except where specifically authorized by
1. Original Council Policy adopted March 16, 1998,
amended and adopted into this document June xx, 2011.
- 9 -
City Council action or for purely ceremonial purposes,
no City Council Member should make any statement
or appearance or indicate in any way that he or she is
representing the city.
3.4.4 Confidential Matters:
At times matters will come before the City Council
which should be kept confidential, such as employee
discipline, legal matters, salary negotiations and other matters properly handled in closed meetings. Council
Members shall keep such information confidential.
3.4.5 Conflict of Interest:
Council Members shall abstain from any action which
may cause a conflict of interest as defined by State
Law, including accepting employment which is
incompatible with the proper discharge of official
duties, or using the office of City Council in any
manner to induce any person or entity to provide
anything of value or benefit to themselves or any other person.
3.4.6 Conduct at Meetings:
It is common, that Council Members may differ on
matters and that such differences will be debated. The
debate should be limited to the issue and each Council
member should refrain from making personal or
derogatory remarks.
Council Members shall base their decisions on the
merits and substance of the matter submitted for
review.
Council Members shall publicly share substantive
information that is relevant to a matter under
consideration that they may have received ex parte;
that is, received from sources outside of the public
decision-making process. This insures that all parties, the council, staff, and public, are acting on the same
information.
Council Members shall inform themselves on public
issues; listen attentively to public discussions before the body; and focus on current business issues.
Council Members shall refrain from campaigning or
calling for public action against Council Members
during council meetings. Any Council Member who
does so is considered out of order and the mayor shall
take appropriate action.
Council Members shall refrain from requesting that an
item be placed on the agenda after two previous
requests have been rejected or denied by consensus or
formal vote of the Council.
Any Council Member may move for the Mayor to
enforce the parliamentary procedures, and/or the
Policies & Procedures Manual of the City Council. A
majority vote of the Council shall require the mayor to so act.
3.4.7 Council Committees:
From time to time the City Council forms committees
of two Council Members. The role and responsibilities
of these Council committees shall be determined in an
open and public session at the time they are formed.
3.4.8 Compliance with Intent of Council
Conduct Code:
Staff members concerned regarding the propriety of
City Council member’s interaction with them should
confidentially discuss their concerns with the City
Manager who shall report to the Mayor. If the Mayor
is the Council member in question, the City Manager
will report to the Mayor Pro Tem. The Mayor or
Mayor Pro Tem shall then confidentially address the
issue with the involved Council member so as to
assure compliance with the intent of this code. Issues
not resolved in this private conference should be
brought to the City Council as an agenda item. Issues
arising from Council Members themselves shall be
addressed directly through the Mayor or the Mayor
Pro Tem if the Mayor is the Council Member in
question. The process from this point will be the same
as described above.
Council Members shall perform their duties in
accordance with the policies, processes and rules of
order established by the City Council.
3.5 CONFLICT OF INTEREST
3.5.1 Applicable Law.
There are several laws and legal principles that
prohibit public officials from acting in situations in
which they might have a conflict of interest. These
include Government Code Section 1090 prohibiting
contracts in which the official has a financial interest and the doctrine of incompatible offices, which
prohibits an official from holding two offices at the
same time if doing so might create a clash of loyalties.
Even broader in scope, voters in 1974 approved the
Political Reform Act.
- 10 -
The statutes (the Political Reform Act of 1974)
provide that certain municipal officers must disclose
their “economic interests” periodically on forms
provided by the Fair Political Practices Commission
(FPPC). These municipal officials are members of the
City Council (including the Mayor), members of the
City Planning Commission, the City Manager, the
City Treasurer, and the City Attorney.
Statements of Economic Interests are submitted by
these officials to the City Clerk who makes and retains a copy of each statement and forwards the original to
the FPPC in Sacramento.
In addition, the City is required to determine which of its other officials, committee members, and employees
perform duties that involve potential conflicts of
interest. The City has adopted a resolution outlining
those positions, called “designated employees.”
These employees are required to disclose their
economic interests. A copy of the Political Reform
Act, as amended, is available for review in the City
Clerk's office.
Conflict of interest is a complex issue. Council
Members should carefully consider and monitor
“gifts” from any person or organization whether the
gift is financial support, loans, event tickets, or meals.
Many of these gifts may need to be reported and may
present a conflict of interest when considering and/or
voting on projects or issues related to the person
presenting the gift. Questions relating to conflict of
interest should be directed to the City Attorney or
your personal attorney.
The rules relating to conflicts of interest are set forth in the Political Reform Act (PRA) (Government Code
Sections 81000 and following) and case law. They are
complex and not necessarily intuitive. The
consequences of violating the rules can be severe,
including substantial monetary penalties and possible
criminal prosecution to individual Council Members.
3.5.2 Sources of Assistance.
The Fair Political Practices Commission (FPPC) is the
state agency that administers the PRA, issues
regulations, gives conflict advice, and enforces the
rules. The FPPC also provides a “hotline” that a
Council Member may call for informal advice. The
City Attorney is available for consultation, but the
City Attorney’s advice on conflicts matters cannot
provide a Council Member with any immunity from
prosecution. Most conflict of interest questions
ultimately turn on whether it is reasonably foreseeable that the decision will have a “material financial effect” on the Council Member’s economic interest.
Municipal attorneys generally do not advise public
officials as to whether a material financial effect
would exist unless the answer is absolutely certain
based upon applicable regulations. While the City
Attorney may have his or her own opinion as to
whether or not a material financial effect will be
present, it is ultimately up to the Council Member to
determine this issue. Only a formal written opinion
from the FPPC provides immunity from prosecution
for violations of the conflict of interest rules. The City Attorney is available to assist with preparing a request for a formal opinion.
3.5.3 Identifying Conflicts
It is the responsibility of each Council Member to
identify, disclose and declare his or her conflict before action is taken on a matter. If possible, the conflicted Council Member should notify staff prior to the
council meeting at which the matter will be heard, to
ensure the presence of a quorum. Staff will attempt to
assist with identifying obvious conflicts, but the
ultimate responsibility is with each Council Member.
3.5.4 General Rules
Council Members shall not use their official positions
to influence government decisions in which they have
a financial interest, or where they have an
organizational responsibility, or personal relationship that would present a conflict of interest under
applicable State law. As required by law, Council
Members declaring a conflict of interest shall recuse
themselves and leave the Council Chambers.
In accordance with the law, members shall file written
disclosures of their economic interests and, if they
have a conflict of interest regarding a particular
decision, refrain from participating in that decision,
unless otherwise permitted by law.
Council Members shall not take advantage of services
or opportunities for personal gain, by virtue of their
public office that are not available to the public in
general, nor shall they use public resources not
available to the public for private gain or personal
purposes. They shall refrain from accepting gifts,
favors, or promises of future benefits that might
- 11 -
compromise their independence of judgment or action
or give the appearance of being compromised.
Council Members shall respect and preserve the
confidentiality of information provided to them
concerning the confidential matters of the City. They
shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private
interests.
Council Members shall not appear on behalf of private
interests of third parties before the City Council or any board, commission, committee or proceeding of the
City.
Council Members shall represent the official policies
and positions of the City Council to the best of their
ability. When presenting their personal opinions and
positions, members shall explicitly state they do not
represent the Council or the City.
Council Members shall refrain from using their
positions to unduly influence the deliberations or
decisions of City commissions, boards or committees.
A public official who has a financial interest in a
decision shall, upon identifying a conflict of interest or a potential conflict of interest and immediately
prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that
gives rise to the conflict of interest or
potential conflict of interest in detail sufficient
to be understood by the public, except that
disclosure of the exact street address of a
residence is not required.
b. Recuse himself/herself from discussing and
voting on the matter, or otherwise acting in
violation of the Political Reform Act.
c. Leave the room until after the discussion,
vote, and any other disposition of the matter is
concluded, unless the matter has been placed
on the portion of the agenda reserved for
uncontested matters.
d. Notwithstanding paragraph c, a conflicted
public official may speak on the issue during
the time that the general public speaks on the
issue when he or she appears solely to
represent himself or herself on a matter
related to his or her personal interest. Personal
interests are interpreted to include, but are not
limited to:
i An interest in real property that is wholly
owned by the official or members of
his/her immediate family.
ii A business entity wholly owned by the
official or member of his or her
immediate family.
iii A business entity over which the official
exercises sole direction and control, or
over which the official and his/her spouse
jointly exercises sole direction and
control.
4. SALARIES
4.2 SALARY AND REIMBURSEMENT
The Council, in accordance with Government Code
Section 36516, sets the salary for the City Council.
City Council Members are paid $300/month for City
matters (Section 2.04.050 of the City Code).
The City does not participate in Social security; parttime employees are not eligible to participate in PERS and are enrolled in a Federal Insurance Contributions
Act (FICA)-alternative retirement program. City
Council Members will pay the Medicare portion of
Social Security and the City contributes 4% and the
Council Member contributes 3.5% towards the FICAalternative retirement plan. 2 In addition, Council Members may be reimbursed for
actual expenses while performing official duties.
4.3 BENEFITS
The following benefits are available to City Council
Members:
3 2. Original Council policy adopted December 1995,
amended and adopted into this document June xx, 2011.
3. Original Council Policy adopted April 17, 1995,
amended and adopted into this document June xx, 2011,
- 12 -
4.3.1 Group Health Insurance
The City offers an excellent health, dental and vision
care, and life insurance plan for its employees.
City Council Members may purchase health insurance
at their own expense while in office and under certain
circumstances after they leave office. The following
was adopted by Resolution 95-08 on April 17, 1995:
1. City Council Members, while they are in office,
who wish to enroll in Redwood Empire Municipal
Insurance Fund’s (REMIF) health and welfare
plan at their own expense are hereby authorized to
purchase health, dental, vision, and life insurance
benefits in accordance with Section 53201
through 53205 of the California Government
Code.
2. City Council Members, after they leave office,
who wish to enroll in REMIF's health and welfare
plan at their own expense, are hereby authorized
to purchase health, dental, vision, and life
insurance benefits in accordance with Sections
53201 through 53205 of the California
Government Code.
4.3.2 Training, Meetings, Conferences
The City allocates funds for training, meetings, and
conferences in which the Council Members may wish
to participate. Among these are the quarterly
meetings of the Redwood Empire Division of the
League of California Cities, the League of California
Cities Annual Conference, the annual Mayors and
Council Members Executive Forum, and other local
meetings. Council Members are encouraged to
participate in these meetings and conferences. All
travel and training expenses are subject to the policies and procedures set forth in the City Administrative
Policy Manual.
5. CONDUCT OF CITY COUNCIL MEETINGS
5.1 PARLIAMENTARY PROCEDURE
Parliamentary procedure is a set of rules that regulate and standardize how the City Council conducts its
business.
It is the policy of the Fortuna City Council that,
unless otherwise required by State law or other
regulation, all City Council meetings shall be
conducted under Rosenberg’s Rules of Order: Simple
Parliamentary Procedures for the 21st Century
(Appendix A-1).
However, no ordinance, resolution, or other action of
the City Council shall be invalidated or the legality
thereof otherwise affected by the failure or omission
of the City Council to observe or follow such rules.
Certain procedures relating to motions, agenda item
discussion, debate, and courtesies contained in
Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st Century are incorporated into
this document, except to the extent they are modified
by this document.
These rules in affect shall be in accordance with state law and as set forth below.
The following summarizes the most frequently used
actions:
a) Council Members and Staff shall
1. Work earnestly to preserve appropriate order
and decorum during all meetings.
2. Discourage side conversations, disruptions,
interruptions or delaying efforts.
3. Ensure that all discussion relate to the subject
matter at hand and be relevant and pertinent to
allow for the expeditious disposition and
resolution of the business before the Council.
4. Agree to disagree but be respectful of one
another.
5. Not engage in any abusive or vulgar language
and shall avoid any personal attacks on any
other member of the City Council, staff, or the
public; nor shall they publicly impugn the
integrity, honesty or motives of such
individuals.
6. Inform the Presiding Officer when departing
from a meeting.
b) While the Council is in session, all persons shall
preserve order and decorum. Any person making
personal, impertinent, or slanderous remarks or
demonstrating rude, boisterous, or profane
behavior will be called to order by the Presiding
Officer. If such conduct continues, the Presiding
Officer may call a recess, request removal of such
person(s) from the Council Chamber, adjourn the
meeting, or take such other appropriate action as
- 13 -
permitted by the Ralph M. Brown Act (Brown
Act)4
.
c) Only the City Council, Staff, Advisory Body
Chairs or designated representatives and those
authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
d) Enforcement of Order
1. Any Council Member may request the
Presiding Officer to enforce the rules of
protocol. Upon motion and majority vote, the
Presiding Office shall be required to do so.
2. Upon instructions from the Presiding Officer,
it shall be the duty of any police officer
present to eject from the Council Chambers
any person in the audience who uses
boisterous or profane language or any person
who interrupts and refuses to keep quiet or
take a seat when ordered to do so by the
presiding officer or otherwise disrupts the
proceedings of the Council.
5.2 RULES FOR PERSONS PRESENTING
TESTIMONY TO THE COUNCIL5
1. The person must be clearly recognized by the
Mayor and is to approach the podium and
microphone before speaking.
2. He/she is encouraged to clearly state his/her
name for the record.
3. All comments shall be addressed to the City
Council. All questions shall be placed
through the Mayor.
4. Speakers addressing the City Council will be
limited to three minutes per speaker, or such a
time as the presiding officer prescribes.
5. All exhibits and documents used by speakers
shall be given to the City Clerk for
distribution to the Council and staff.
6. We disagree, but will be respectful of one
another. All comments will be directed to the
issue at hand, and addressed to the City
4. California Govt. Code 54950, et seq.
5. Original Council Policy adopted November 16, 1993,
amended and adopted into this document June xx, 2011.
Council. Personal attacks are unacceptable.
7. All questions or rebuttal will be through the
Mayor.
8. If there are numerous people in the audience
who wish to participate on an issue, and it is
known that all represent the same position, a
spokesperson should be selected to speak for
the entire group. The spokesperson will
therefore have the opportunity of speaking for
a reasonable length of time and of presenting
a complete case.
9. To avoid unnecessary cumulative evidence,
the Mayor may limit the number of witnesses
or the time of testimony on a particular issue.
10. Irrelevant and off-the-subject comments will
be ruled out of order.
5.3 TYPES OF COUNCIL MEETINGS
All meetings, regular, special, or closed sessions must be conducted within the geographical boundaries of
the governing body’s jurisdiction, unless specifically
exempted.
5.3.1 Regular Meetings
The Fortuna City Council holds regular meetings on
the first and third Monday of each month at 6:00 p.m.
The Brown Act requires that public notice be given at
least 72 hours before the meeting indicating the time
and place of the meeting. An agenda of each meeting
is posted in three public places6
.
Regular meetings may be adjourned to a specified
time and place. A regular meeting cannot be
adjourned past the next regular meeting date.
Regular City Council meetings are televised by
Access Humboldt and aired live on public access
cable television. A schedule for rebroadcast airings
can be found on www.accesshumboldt.org. A link to
City Council video is provided on the City’s website,
www.friendlyfortuna.com.
5.3.2 Special Meetings
The City Council can call special meetings to review
and discuss specific topics. Special meetings also
6. City Hall, the Chamber of Commerce, and River Lodge
- 14 -
include workshops and study sessions which give the
Council the opportunity to review items that require
more in depth study than time allows on the regular
evening meeting agenda, and to receive informational
reports on items that require no formal action.
Members of the City Council and local news media
must receive notices of special meetings at least 24
hours prior to the time of the meeting. The notice
must specify the time and place of the special meeting
and the business to be transacted or discussed.
Regular ordinances may not be adopted at special
meetings; only urgency ordinances may be adopted at
such meetings. Items not listed on the agenda shall
not be considered at the special meeting.
5.3.3 Adjourned Meetings
The City Council may adjourn any regular, adjourned
regular, special or adjourned special meeting to a
specified time and place.
A notice of adjournment shall be posted on or near the
door of the place where the regular, adjourned regular, special or adjourned special meeting was held within
24 hours after the time of the adjournment and include
the specified time and place the adjourned meeting
will be held.
Noticing of adjourned meetings shall follow the
requirements set forth in section 5.3.2 of this
document.
5.3.4 Closed Session
Closed sessions may be held to discuss certain matters
specified by law, including:
• Personnel matters to consider the appointment,
employment, performance, or dismissal of a
public employee;
• Matters of national and public safety;
• Labor negotiations;
• License applications by persons with criminal
records;
• Real estate negotiations;
• Pending litigation;
Closed sessions are attended by the City Council, City
Manager, City Attorney (as required), appropriate
management staff, and occasionally by a special
consultant or attorney depending upon the matter
under discussion. Closed sessions are not open to the
public. Matters discussed during closed session are
confidential and may not be discussed with anyone
outside of the closed session or during a public
meeting. Violations of the closed session
confidentiality requirement could put the City in a
perilous position with respect to litigation and
represent a violation of the law7 for the person
violating the confidentiality requirement.
If any final decisions are made in the closed session
meeting, the agency must reconvene in open session
where it may be required to report the specific votes
and actions taken by the agency.
5.3.5 Emergency Meetings
When an emergency, including but not limited to an
earthquake, flooding, or fire occurs, an emergency
meeting may be called by the City Council with a onehour notice to its members and local news media.
The City Council may not meet in closed session
during an emergency meeting. Except for the 24-hour
notice requirement, the special meeting requirements
set forth in section 5.3.2 of this document shall apply in emergency meetings.
5.3.6 Budget Workshops:
Every year, the City Council holds budget workshops
to review funding allocations for the goals and
objectives outlined by the City Council.
Requirements set forth in section 5.3.2 shall apply to
Budget Workshops.
5.4 MINUTES AND RECORD KEEPING
The minutes serve as a source of information for the
Council and for the public. Meeting minutes are
required to include the following information:
• Members present;
• Motions, proposals, resolutions, orders,
ordinances, and other items of business and
their disposition;
7, California Govt. Code 54950, et seq.
- 15 -
• Results of all votes and, in the case of a roll call
vote, the vote of each member by name.
The minutes of the City Council meetings shall be
kept by the City Clerk and shall be recorded in a file
kept for that purpose with a record of each particular
type of business transacted by the Council set off in
paragraphs with subheadings.
The minutes may include a record of the names of
persons addressing the Council during public
comment, and a brief statement of the subject to
which their remarks related.
Minutes of the City Council are “Action Based”
minutes, and do not include a verbatim transcript, only motions and votes are shown on the record. Such
minutes shall be submitted to the Council for approval
and/or correction in draft form at a subsequent
meeting.
It is the policy of the City Council that only members
of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority
vote of the City Council.
Council Members having only typographical
corrections to the minutes are encouraged to provide
such corrections to the City Clerk directly and need
not wait to submit such corrections at a meeting. As a
time saving measure, even full correction items may
be written ahead and passed to the City Clerk before
the meeting. All changes/corrections to the minutes
require Council approval.
The City Clerk is responsible for recording, preparing, and filing Council minutes. Minutes of Council
meetings are available for review in the City Clerk's
office and on-line at www.friendlyfortuna.com.
5.5 AGENDA
The City Manager is responsible for preparation of the
City Council agenda; however, the City Clerk’s
department is responsible for the actual gathering and
copying of the agenda packet.
The agenda is a listing and synopsis of each business
item the Council will consider during its meeting.
The City Clerk makes the agenda available at every
regular meeting.
The agenda and relevant background materials are
available at City Hall on Friday before the scheduled
Monday Council meeting or on-line at
www.friendlyfortuna.com.
5.5.1 Placing Items on the Agenda
In order to facilitate the orderly conduct of the
business of the citizens of Fortuna, the City Manager,
with input from Department Heads and the City
Attorney, shall set the agenda, reviewing same with
the Mayor. Each member of the Council shall be
provided with a copy of the City Council agenda in
accordance with the provisions as outlined in the
Brown Act. In order for this to occur the City Clerk
shall provide deadlines for the submittal of staff
reports to be used in the preparation of the City
Council agenda.
Council Members may, at a regularly scheduled
meeting, request items to be placed on future agendas
during the Future Agenda Items portion of the Council
meeting by Council consensus. The Council Member
referring the item may provide a brief description of
the subject to be printed for the agenda packet,
sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may
either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence
of the majority, advise to not place on a future agenda.
5.5.2 Order of Agenda Items
The agenda format for the Fortuna City Council
regular meetings (first and third Mondays) may be
prepared to include, but not limited to the following
categories and/or sub-categories, not necessarily in the order herein reflected:
Call to Order/Flag Salute
Roll Call
Public Comment
Presentations, Recognitions, Proclamations
Report of Disbursements
Consent Calendar
Regular Business Items/Public Hearings
City Manager’s Report
Future Agenda Items
Council Reports and Communications
Oral Comments (for closed session, as needed)
Closed Session (as needed)
Adjournment
- 16 -
5.6 AGENDA ITEMS
5.6.1 Call to Order
The Mayor will call the meeting to order at 6:00 p.m.
and ask that audience members turn off pagers and/or
cell phones while in the Council Chambers.
5.6.2 Public Comment
Members of the public are entitled to speak on matters
of municipal concern not on the agenda, during
consideration of that portion of the meeting agenda
entitled “Oral Comments from the Public” when that
item is called by the Mayor. Each person is entitled to speak on any non-agendized item only once at any
meeting. Speakers addressing the City Council will be
limited to three minutes per speaker, or such a time as the presiding officer prescribes. Brief questions by
Council Members for clarifications may be posed and
answered, and Council Members may make requests
that items be placed on future agendas as described in
5.5.1 of this document, but in accordance with State
Law, no substantive discussion may take place unless
and until the matter properly appears on the agenda.
Once public comment has been closed it is
inappropriate for the public to speak except to answer
an inquiry of a Council Member addressed through
the Mayor.
5.6.3 Presentations, Recognitions, Proclamations
Presentations, recognitions and proclamations shall be
scheduled as necessary in recognition of persons or
groups, for the promotion of an event or service or
general information items to the Council. Requests for
Presentations must be submitted to the City Clerk in
advance of the agenda deadline. The City Manager
shall request approval from the Mayor as to the
appropriateness and scheduling of such presentations.
Upon approval by the Mayor, the City Clerk will then
coordinate the presentation with the requesting party
in order to schedule the item on any given agenda.
The requesting party determines whether or not he/she
will be present for acceptance of such presentation
and if not present, the item will be placed under the
Consent Calendar of the agenda.
5.6.4 Report of Disbursements
This is an oral report of disbursements for the City
and Successor Agency processed through the date of
the meeting at which they are reported. No action is
required for this item. This topic is on the agenda to
satisfy the annual audit requirement demonstrating
that the City council is made aware that the financial
obligations of the city are being paid on a regular and routine basis.
5.6.5 Consent Calendar
Those items on the Agenda which are considered to be
of a routine and non-controversial nature by the City
Manager shall be listed on the Consent Calendar.
These items so listed shall be approved, adopted, and
accepted. by one motion of the Council.
Council Members may comment on Consent Calendar
items or ask for minor clarifications without the need
for pulling the item for separate consideration. Items
requiring deliberation should be pulled for separate
consideration.
At the request of any Council Member a Consent
Calendar Item shall be considered separately in the
order of the agenda following approval of the
remaining “Consent Calendar”.
5.6.6 Regular Business Items/Public Hearings
Regular Business items are those reports brought forth
for Council consideration and/or approval that are not
public hearings.
Public Hearings can be legislative or quasi judicial
and may be required on certain items as prescribed by
the municipal code or by state or federal law.
Legislative decisions generally involve fundamental
policy questions of jurisdiction-wide concern;
legislative decisions also can involve changes in
existing law to govern future situations. Public
hearings usually require adoption of an ordinance,
resolution or other action by the Council.
Public Comment will be sought on each regular
business item and public hearings.
Once a public hearing/public comment has been
closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed
through the Mayor. However, a public hearing may
be re-opened by a majority approval by the Council to
hear new information.
5.6.7 City Manager’s Report
The City Manager’s Report portion of the meeting
agenda provides an opportunity for the City Manager
to report on items of interest, status reports on
significant projects, updates on events or meetings
- 17 -
they participated in, and provide acknowledgement to
citizens or individuals.
The City Manager’s Report can be presented in Staff
Report format or may be done verbally.
5.6.8 Future Agenda Items
Future Agenda Items is a brief list of items to be
considered by Council at upcoming Council meetings
and serves as an opportunity for Council Members to
request items to be placed on a future agenda as
described in section 5.5.1 of this document.
5.6.9 Council Reports and Communications
The purpose of this time is to allow Council Members
the opportunity to provide a brief update or share
information regarding a particular matter.
Examples of appropriate communications would be
information of general interest received from outside
agencies, comments or inquiries received from
individuals and reports on meetings attended and other
items of community interest. This time is not
intended for action items.
Council Members shall govern themselves as to the
length of their comments. The Mayor has the
responsibility to assist Council Members in keeping
their comments brief.
State law8 provides that Council can take action only
on such matters that have been properly noticed in
advance of the meeting, unless special circumstances
are found to exist. Formal action or approval on nonagendized items is not allowed.
5.6.10 Public Comment (before Closed Session)
Members of the Public may be heard on any item
under the Closed Session. Speakers addressing
Council will be limited to three minutes per speaker,
or such a time as the presiding officer prescribes. Be
advised that, by law, neither the City Council nor the
Board is able to discuss, deliberate or take action on
issues presented during Closed Session Oral
Comments.
5.6.11 Closed Sessions (as needed)
The Brown Act requires all council action to be
discussed and taken in open session, except for
specified and limited exceptions such as personnel
8. California Govt. Code 54950, et seq.
matters, real property negotiations, and pending or
threatened litigation.
ALL MATTERS DISCUSSED IN CLOSED
SESSION ARE CONFIDENTIAL.
Closed Sessions are held at the end of the regular
Council meeting and, if needed, can be continued to
the next regular meeting.
A. City Council Members shall consider all written
materials and verbal information provided to them on
matters that are confidential under State law in
complete confidence to insure that the City's position
is not compromised. No disclosure or mention of
information in these materials shall be made to anyone
other than Council Members, the City Attorney or
City Manager.
B. If the City Council in closed session has provided
direction to the City Manager or City Attorney on
proposed terms and conditions for any type of
negotiations whether it be related to property
acquisition or disposal, a proposed or pending claim
or litigation, and/or employee negotiations, all contact with the other party and/or attorney shall be limited to, and made by, the designated City staff representative
handling the negotiations, claim or litigation. No
Council Member shall have any contact or discussion
with the other party or its representative involved with the negotiation, claim or litigation during this time,
nor shall any Council Member communicate or
disclose any discussion conducted or information
received in closed sessions. All public statements,
information and press releases shall be handled
exclusively by the designated spokesperson.
5.6.12 Adjournment
Adjournment of a meeting is customarily by motion of
the City Council or can be accomplished by
unanimous consent and the Mayor simply declares the
meeting adjourned. A motion to adjourn to another
time can be done similarly, but is debatable only as to the time to which the meeting is to be adjourned.