Fortuna Business Improvement District By-Laws
DATE: January 2025
ARTICLE I. NAME
The name of this District shall be the Fortuna Business Improvement District. This District is a department of the City of Fortuna and shall act in accordance with the City of Fortuna Municipal Code Chapter 5.40.
ARTICLE II. PURPOSE
The Fortuna Business Improvement District, serving the City of Fortuna, is committed to promoting businesses located within the City of Fortuna district. All businesses, trades and professions located within the boundaries shown on Exhibit A attached to the ordinance codified in Chapter 5.40 of the Municipal Code. The District accomplishes its mission with the benefit assessment funds by passing funds onto organizations that demonstrate the ability to:
• Promote public events which are to take place on or in public places in the district; • Decorate public places in the district;
• Furnish music in public places in the district;
• General promotion of business activities in the district; and • Demonstrate to the District through a report the use of funds, attendance, and/or community benefit.
ARTICLE III. COMMITTEE MEMBERS AND CITY STAFF
A. Committee Members
a. Fortuna Business Improvement District shall have the following committee members from the current business license status and other stated representatives:
1. Retail, professional and service, manufacturing/wholesale, and hospitality; four representatives
2. City council liaison, one representative;
B. The City of Fortuna Council Members, subject to the recommendation of the District, shall appoint such standing, special, or ad hoc committees as may be required by the bylaws, as council members find necessary. Advisory Committee Members shall be appointed by and responsible to the City of Fortuna Council Members.
C. At the first meeting of the calendar year the Advisory Committee shall nominate a Chair for the committee by a majority vote. The Chair shall conduct the meeting. Once the Chair is selected, a nomination and a vote for a Vice Chair shall commence. In the absence of the Chair, the Vice Chair shall conduct the meeting. The Chair shall perform such other duties as usually required of the Advisory Committee.
D. Duties of City Staff to the District:
AGENDA AND MINUTES
1. Before each meeting an agenda will be prepared by City staff and provided to each Advisory Committee Member as well as the past meeting minutes and any documents that are to be discussed during the upcoming meeting, in accordance to the Ralph M. Brown Act.
2. The minutes from each meeting will be action minutes and subject to comment and revision at the following meeting before approval. A draft of the minutes will be provided to each Advisory Committee Member prior to the upcoming meeting in accordance to the Ralph M. Brown Act.
FINANCES
1. The fiscal year of the District shall follow the same fiscal year as the City of Fortuna, currently July 1 through June 30. The District finances shall be handled in an advisory role whereby the Committee is to make recommendations to the City Council in cooperation with the City of Fortuna Finance Department. The City of Fortuna Finance Department is to assist with and the City Council approves the Advisory Committee’s budget and financial disbursements. All district finances will be handled according to City approved policies and procedures, including but not limited to the receipt and disbursement of funds and file retention.
RELATIONSHIPS
1. City staff shall maintain positive and supportive relationships with benefit assessed businesses in the City of Fortuna District.
ARTICLE IV. MEMBERSHIP
A. Advisory Committee Members:
1. The Advisory Committee members of this District shall be current City of Fortuna business license holders that are current on the benefit assessment, with exception to the City Council liaison.
2. The Advisory Committee members become members by appointment by the City of Fortuna Council Members.
3. The authorized number of members of the Advisory Committee of the District shall be five as modified by amendment of the City of Fortuna Municipal Code Chapter 5.40.
4. The City Council, in making appointments to the Advisory Committee, shall endeavor to make appointments so that the following categories of businesses are represented on the Advisory Committee:
Retail, professional and service, manufacturing/wholesale, and hospitality, four representatives; and one representative from the City Council.
ARTICLE V. TERM OF MEMBERSHIP
A. Terms of Advisory Committee Members:
1. Committee Members shall be appointed every two years by the City of Fortuna Council Members at one of the regular council meetings. Appointments shall be by ballot and a majority of the votes cast shall elect.
2. The terms of the Committee Members shall be staggered such that the terms of one-third of the Committee end in odd years and the remaining end in even years.
3. Each Committee Member shall take office in January, and serve a two-year term and may be re-appointed consecutively to the same position for an additional two-year term.
B. Vacancies and Removal:
1. A vacancy in the Committee Members shall be filled by the appointment of the City of Fortuna Council.
2. Any Committee Member may be removed from appointment or suspended from appointment by a vote of two-thirds of the City Council members at a regular meeting.
Removal or suspension may be with or without cause. The person under consideration shall be given an opportunity to be heard at the meeting with sufficient notice of the proposed removal or suspension, the person under consideration shall not be counted in determining the presence of a quorum not whether the required two-thirds vote has been obtained. Upon a vote of removal or suspension of a committee member, the City of Fortuna Council Members shall appoint a replacement committee member in their respective member area.
ARTICLE VI. MEMBERSHIP DUTIES AND RESPONSIBILITIES
A. Voting: Each committee member is entitled to one vote.
B. Privileges: Each committee member shall be entitled to all services of the District.
C. Participation: Each committee member shall be entitled to participate in all District events.
D. Responsibilities: The Advisory Committee shall make recommendations and report to the City Council on the general expenditure of revenues derived from the levy of assessments pursuant to the Municipal Code Chapter 5.40, on the classification of businesses, as applicable, and on the method and basis of levying the assessments, among other responsibilities as may be directed by the city council or as required by law.
ARTICLE VII. MEETINGS
A. The business meetings of the membership will be held quarterly. Notification of this meeting shall be made 72 hours or more prior to said meeting, in accordance with the Ralph M. Brown Act (Government Code commencing with Section 54950).
B. The meetings shall be held at the Fortuna City Hall located at 621 11th Street Fortuna, Ca 95540.
C. City staff and/or the Advisory Committee Chair may call other meetings. Notice will be given to all committee members in as much advanced notice as possible, but not less than 24 hours, for any special meetings called, in accordance with the Ralph M. Brown Act (Government Code commencing with Section 54950).
D. Quorum: At all meetings of the District, a quorum shall consist of a majority of the Committee Members 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). A quorum is to equal one half of the committee members plus one.
ARTICLE VIII. OPEN MEETING REQUIREMENT
A. The Advisory Committee meetings shall be open to the public and subject to the Ralph M. Brown Act (Government Code commencing with Section 54950). Upon request, the video conference link will be shared with the public in order to comply with fore mentioned Brown Act.
B. Any member of the public may address the Committee on any item within the subject matter jurisdiction of the City of Fortuna during the “Oral Comments from the Public” portion of the agenda. This need not be related to any item on the agenda; however, the Committee cannot act on any item unless it was noticed on the agenda. It is the practice of the Committee to hold public comment for every item of business of the agenda at the time that item is heard. The FBID Administrator requests that each person addressing the Committee limit themselves to three (3) minutes.
C. Closed meetings are permitted only if they meet defined purposes and follow special requirements set-forth by the Ralph M. Brown Act (Government Code commencing with Section 54950).
ARTICLE IX. PARLIAMENTARY AUTHORITY
The rules contained in the City of Fortuna, Municipal Code Chapter 5.40, shall govern the District in all cases to which they are applicable and in which they are not inconsistent with the bylaws or the special rules of order of the District.
ARTICLE X. CITY OF FORTUNA POLICIES
This District shall abide by all applicable policies instituted by the City of Fortuna and in conjunction with the Municipal Code Chapter 5.40.
ARTICLE XII. AMENDMENTS
These bylaws may be amended by a vote of two-thirds of the members of the District present at any regular meeting or at a special meeting called for that purpose. The membership shall be notified of adopted bylaw amendments by the most feasible means.
ARTICLE XV. EFFECTIVE DATE
These bylaws shall take effect immediately upon adoption.
PASSED AND ADOPTED on this 18th day of February, 2025 by the following vote; AYES: Board Member Amen, Gossett, Strehl, Chair Robinson NOES: None
ABSTAIN: None
ABSENT: Board Member Gonzalez