The City of Portola held a contentious special meeting July 25 that was challenged by members of the public from the start. It was held at the Williams House in Portola, a venue change due to the ongoing Mill Fire, part of the Gold Complex, which had put South Portola on mandatory evacuation status.
Immediately upon calling the meeting to order, a local woman who refused to give her name and requested instead to be noted as a concerned citizen stated that she felt that the meeting “was not properly noticed as a point of order.” City Attorney Steve Gross responded, stating that, under the Brown Act, the special meeting was noticed appropriately.
The woman continued to insist on a point of order, demanding to know where the meeting was posted as required by law. She raised the question repeatedly until it was suggested that there should be a recess. The woman stated that the city council would still need to answer the question when the recess ended.
Gross then asked the woman not to disrupt the meeting. She responded that she was not disrupting the meeting. As the questioning escalated in tone, law enforcement was called. The woman continued to insist that the point of order needed to be addressed, then stated that she would take the matter up with the attorney general and have the city attorney disbarred.
Mill Fire updates
Mayor Pat Morton then opened the meeting to public comment, giving the floor to Bruce Martin, liaison to California Interagency Incident Management Team 10. His brief report included an update on the Mill Fire. After flying the fire on the afternoon of July 25, the fire operations chief recommended downgrading most of the evacuation zones in the county, Martin said.
“We make the recommendation, the sheriff actually puts out the order <when> folks can start coming back. We’ll still have plenty of people here over the next several days mopping up. So far <the fire is> doing really well but we want to be diligent and not leave any surprises behind,” Martin said.
Interim City Manager Susan Scarlett then introduced the new Beckwourth Peak Fire Protection District chief, Jack Rosevear. Council members welcomed him to Plumas County. Rosevear stated that it had already been quite an experience and how impressed he was in the community and agency cooperation in the midst of the recent Gold Complex.
Contentious public comment continues
Area resident Lindsey Shaw then stated that she formally objected to the manner in which the meeting was being conducted for several reasons. Shaw alleged that the city had posted only two notices for the meeting, which had previously been scheduled for July 24 but was then canceled and rescheduled due to Gold Complex fire evacuations on the south side of Portola. Shaw also objected to the public comment restrictions, which she said did not allow comment via Zoom. Shaw added that public comments must be submitted to the city via email at least 24 hours prior to the start of the meeting, according to city rules.
“This setup is problematic for several reasons,” Shaw stated. Many residents lack trust in the software, provided by former interim City Manager Jon Kennedy, due to its tracking capabilities, she said. Shaw went on to state that many residents were not in the area due to the previous evacuation orders, and that those who were aware of the meeting being held had “39 minutes to read an 81-page agenda and respond via email to the city for public comment” in order to comply with the 24-hour policy.
Shaw objected to the nonemergency items on the agenda and stressed the need for public involvement and meaningful participation. She concluded that if the meeting proceeded with the current agenda and without addressing the placement of public notices, she would escalate the matter to the California attorney general’s office.
“This is not an emergency meeting, this is a special meeting.”
Steve Gross, city of Portola attorney
Scarlett responded that city employee Leslie Chrysler posted the agenda Wednesday, July 24, the day prior. She posted it at the Williams House, the Quik Stop and Leonard’s Market, in addition to posting the meeting on the city website, Scarlett said.
After Shaw objected to that remark, Gross said the city was only required to post the agenda on the website and at least one other location, giving the members opportunity to provide public comment and interact.
“This is not an emergency meeting, this is a special meeting,” Gross explained. An emergency meeting can be conducted on as short notice as one hour; a special meeting can be conducted on 24-hour notice, he said. The Brown Act California Code 54956 is clear:
“A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s Internet Web site, if the local agency has one.”
The full text of the Brown Act can be found online.
Gross concluded that the meeting was lawful to proceed with the full agenda. It was further clarified that all items and materials for those items that were on the agenda for the July 25 special meeting, except for the item pertaining to the purchase of a backhoe, were on the agenda and included in the meeting packet for the regular city council meeting originally slated for July 24. The agenda stated that the purchasing policy was revised by the city council’s adoption of a resolution. Pursuant to city ordinance, codified in Portola Municipal Code Chapter 3.24, section 3.24.020, the policies and procedures may be changed by resolution of the city council, Gross said.
City councilmember, manager reports
During the city communications portion of the meeting, Councilmember Mikki Brown expressed her wish that all had remained safe in the past week with the threat of wildfire. Councilmember Bill Powers thanked law enforcement and public responders for their hard work. Mayor Pro Tem Jim Murphy reported that he had attended the Plumas County Airport Land Use Commission meeting with Powers. Mayor Pat Morton reported that she had been interacting with evacuees parked outside the mandatory evacuation zones.
Murphy also noted that he had been monitoring the city website’s public information requests, noticing an increase in requests that “appeared to be harassment by the same people” multiple times, under a variety of names.
“I would like to place the matter of public information requests on a future agenda with the names of people making those requests and how much they are costing the city every month,” Murphy said.
During her report, Scarlett noted that things had been “crazy” due to the fire, with City Hall being a part of the mandatory evacuation orders of the days prior. “Staff has worked very hard and our public works crew have been amazing,” Scarlett said. “The cooperation between agencies has been amazing to watch.”
Consent agenda draws further criticism
Council went on to the matter of the consent agenda and minutes, in addition to the renewal of the state of emergency proclamation and the ratification of council’s decision from the July 10 meeting, which approved a short-term contract with CSG Consultants for code enforcement services while the city works towards hiring a new permanent code enforcement officer. The anonymous woman asked for clarification on the ongoing public emergency proclamation that was slated to be continued on the agenda. She also requested to see the source documents for all of the claims.
Shaw then stated that she formally objected to consent item Nos. 4, 6, 7, 8 and 9 on the agenda as being nonemergency items. These items pertained to discussion of electric vehicle charging stations, a contract with the Plumas County Sheriff’s Office and discussion of a backhoe purchase. Also included on the consent agenda was a closed session item for a public employee performance evaluation.
“I respectfully request that the nonemergency items be removed from the agenda as a courtesy out of trust from the public,” Shaw said.
Scarlett noted that a backhoe was currently being rented at about $1,500 per week, and that item was important. She also highlighted the importance of getting the electric vehicle contract signed. In addition, Scarlett noted that the sheriff’s contract was also on a timeline along with the renewal of the existing emergency contract, which pertains to the work needed on Portola’s Gulling Street Bridge and the Federal Emergency Management Agency funding for that item.
Gross, the city attorney, again stated that the agenda packet was posted a full 24 hours before the meeting as required, and that the meeting was in full compliance with the law. The city council unanimously approved the consent agenda and minutes by roll-call vote.
The state of emergency proclamation, which allowed for FEMA funding to repair the bridge, was also renewed unanimously by roll-call vote after a comment from the concerned citizen who asked for further clarification on the state of the bridge. The Plumas Sun posted a recent story about the bridge.
The item regarding the short-term contract for code enforcement was next up, with the anonymous woman requesting further information on the contract and competitive bids. She asked that the person taking the position be proactive rather than reactive during public comment. Shaw also asked whether there would be an expiration on the contract. It was noted that the contract was to allow for training a new permanent employee while caring for items such as vehicle abatement, and that the contract would end Dec. 31, 2024. Councilmembers moved to ratify the contract unanimously by roll-call vote.
Gold Complex emergency declaration
After some input from members of the public, councilmembers then reviewed the new emergency proclamation for the Gold Complex Fire and adopted Resolution 2592, which ratified the proclamation.
“This proclamation of the city of Portola, county of Plumas, state of California, proclaims the existence of a local emergency by the director of emergency services,” Scarlett explained. It would allow for the appointment of an assistant director of emergency services, “delegate certain powers and duties to the assistant director of emergency services, and authorize the assistant director of emergency services to exercise such powers and duties to address impacts of the Gold Complex Fire.” The full verbiage of the proclamation is available online.
Gross noted that under city ordinance, the mayor had authority to issue such a proclamation and that it had been done the day previous by Mayor Pat Morton. Councilmembers are required to ratify the proclamation within seven days of its issuance, he said. The anonymous woman asked for the city’s emergency services plan, stating her displeasure with the way the city handled the situation. Morton responded that the city was not in control of the emergency.
“The city is not incident command,” Gross stated. Portola Municipal Code Chapter 2.32 Section 2.32.050 designates the mayor director of emergency services, with the power to issue a proclamation of the existence of a local emergency. The municipal code goes on to affirm that the city council must then ratify the proclamation within seven days.
Shaw objected to the appointment of Susan Scarlett as the assistant director of emergency services, stating that she felt Scarlett had a lot on her plate already and that she didn’t feel Scarlett was qualified to handle emergency services. Shaw suggested that it would have been more appropriate to appoint someone trained in emergency services. The resolution was unanimously approved by roll-call vote and ratified.
EV charging stations and a backhoe
Another item on the agenda was review of an amendment to a master license agreement with EV Range Inc. for electric vehicle charging stations. Scarlett explained that city staff have been working for a long time on an agreement for electric vehicle charging stations on Commercial Street in Portola. An agreement was executed July 14, 2022, she said.
City staff requested an amendment to provide the option of a maximum of four charging stations, Scarlett said. “Liberty has completed the utility design and hopes to get construction scheduled in the next 60 days.” The full agreement and pending designs can be found online.
Members of the public drew concerns to existing handicapped parking spaces, with councilmembers explaining that the EV charging stations would not affect those parking spaces. Shaw commented that she was “excited about the EV charging stations” but objected to the item being on the agenda rather than addressed at a future regular meeting. It was noted that the charging station would be installed at no cost to the city, and the council unanimously approved the amendment by roll-call vote.
The council discussed the contract with the Plumas County Sheriff’s Office, which is reviewed annually, for the 2024-2025 fiscal year. Once approved by the Portola City Council, the contract will be presented to the Plumas County Board of Supervisors by the sheriff’s office. A total of $130,000 has been budgeted for the contract in the 2024-2025 city of Portola budget. The draft contract is available online. This item was approved by the council unanimously by roll-call vote as well.
Finally, councilmembers discussed the potential purchase of a new Caterpillar backhoe, which would require a budget amendment. “The city purchased a backhoe in 2011; it has lasted 13 years,” Scarlett said. “At this time public works is in need of a new backhoe,” she noted.
A backhoe is critical to the functions of public works, Scarlett said. The old backhoe is being repaired and will serve as a backup if the repair is successful. A quote from a company that is part of the Omnia partners provides government procurement without going out to bid, she said. Even so, Public Works Director Todd Roberts checked out a John Deere backhoe, which came in at a higher price. Scarlett noted that until the item was addressed, the city would be continuing to rent a backhoe.
The estimate was given at $166,768.48 and the quote for the proposed purchase can be found online.
The anonymous woman objected to the item, stating that she wanted to see a full analysis of the associated costs and that this would be a “huge chunk of money.” “I think the city owes the public a proper analysis on lease versus buy, insurance costs, maintenance costs. … I’d like to see this tabled until you can do proper analysis,” the woman said.
Shaw also objected to the agenda item, reiterating that she felt the item should be discussed at a future meeting with more public input, rather than at a special meeting. “It’s a really cool machine but this is a significant expenditure for the city.” After the many concerns raised around the agenda item, it was shelved for a future meeting of City Hall.
Council went into closed session before adjourning the meeting.
