Ferndale City Council
October 21, 2026

CITY OF FERNDALE – HUMBOLDT COUNTY CALIFORNIA – U.S.A.

AGENDA – REGULAR MEETING
Location: City Hall
834 Main Street
Ferndale, CA, 95536
Date: October 21, 2026
Time: 6:00 PM
Posted: October 15, 2026
We welcome you to the meeting. Members of the Public may be heard on any business item on this Agenda before or during the City Council consideration of the item. The public may also directly address the City Council on any item of interest to the public that is not on the agenda during the public comment time; however, the City Council generally cannot discuss or take action on an item not on the agenda.

A person addressing the City Council will be limited to five (5) minutes unless the Mayor of the City Council grants a longer period. While not required, we would appreciate it if you would identify yourself with your name and address when addressing the Council.

This City endeavors to be ADA compliant. Should you require assistance with written information or access to the facility, or a hearing amplification, please call 786-4224 24 hours prior to the meeting.

BEFORE SPEAKING ON ANY ISSUE, PLEASE WAIT TO BE
ACKNOWLEDGED BY THE MAYOR BEFORE PROCEEDING TO THE PODIUM.

City Council Meetings are recorded, and the video may be requested. The video will be sent digitally through Dropbox. A Disc and/or USB drive can also be requested for a fee.

1. CALL MEETING TO ORDER – Mayor

2. PLEDGE ALLEGIANCE TO THE FLAG

3. ROLL CALL – Mayor Cady; Councilman Lund; Councilwoman Fisk-Becker; Councilman Jorgensen; and Councilman Ostler

4. REPORT OUT OF CLOSED SESSION

5. CEREMONIAL

6. MODIFICATIONS TO THE AGENDA

7. STUDY SESSION

8. PUBLIC COMMENT: (This time is for people who wish to address the Council on any matter not on this agenda and over which the Council has jurisdiction. PLEASE FILL OUT A SPEAKER CARD and give it to the City Clerk before the start of the meeting. Speakers will be called in the order received or at the discretion of the Mayor. Public Members who do not fill out a speaker card may speak if there is time remaining. Items requiring Council action not listed on this agenda may be placed on the next regular agenda for consideration, unless a finding is made by at least 2/3rds of the Council that the item came up after the agenda was posted and is of an urgent nature requiring immediate action. This portion of the meeting will be approximately 30 minutes total for all speakers, with each speaker given no more than five minutes. Speaker time may be reduced if many speakers have signed up.

9. CONSENT CALENDAR. (All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Unless a specific request is made by a Council Member, staff or the public, the Consent Calendar will not be read.

There will be no separate discussion of these items. However, if discussion is required, that item will be removed from the Consent Calendar and considered separately under “Call Items.”
October 21, 2026
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a. Approval of Minutes of September 16, 2026, Regular City Council Meeting .................................................................................................... Page 5 b. Acceptance of Checkbook Register for September 1-30, 2026, ............. Page 8 c. Resolution 2026-20 Adoption of the City’s Conflict of Interest Code with No Revisions. ................................................................................... Page 12

10. CALL ITEMS REMOVED FROM CONSENT CALENDAR

11. PRESENTATION

12. PUBLIC HEARING
a. Unmet Transit Needs ............................................................................... Page 20 b. Second Reading of Ordinance 2026-04 Adopting Administrative Citations Procedures for Violations of City Ordinance, by title only. ..... Page 27 c. Second Reading of Ordinance 2026-05 Repealing Ordinance # 05- 06 and Adopting Updated Animal Control Regulations, by title only .... Page 37

13. BUSINESS
a. Reginal Climate Action Plan (RCAP) Memorandum of
Understanding. ......................................................................................... Page 53 b. Discussion of Proposed Amendments to the Ferndale Zoning Ordinance Regarding Vacation Rental Regulations. Draft
Ordinance 2026-06................................................................................... Page 63 c. Award of Construction Contract – Fireman's Park Basketball Court & ADA Improvements Project ................................................................ Page 77 d. Discussion and Scheduling of a Special City Council Meeting – PG&E Microgrid Incentive Program (MIP) Grant Award. ..................... Page 81

14. CORRESPONDENCE.......................................................................................... Page 83

15. COMMENTS FROM THE COUNCIL

16. REPORTS
a. City Manager Report ............................................................................... Page 86 b. Commission and Committee Reports
i. Russ Park Minutes ....................................................................... Page 93 c. Minutes from Joint Power Authorities (JPAs) and Report ...................... i. Redwood Coast Energy Authority (RCEA) Minutes - August .... Page 95 ii. Humboldt Waste Management Authority (HWMA) Minutes
September ................................................................................... Page 99 iii. Humboldt County Association of Governments (HCOAG) Minutes – August ......................................................................... Page 103

17. ADJOURN
This notice is posted in compliance with Government Code §54954.2. The next Regular Meeting of the Ferndale City Council will be held on November 18, 2026 at 6:00pm October 21, 2026
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Section 1

CALL MEETING TO ORDER
Section 2

PLEDGE ALLEGIANCE
Section 3

ROLL CALL
Section 4

CLOSED SESSION REPORT OUT
Section 5

CEREMONIAL
Section 6

MODIFICATIONS TO THE AGENDA
Section 7

STUDY SESSIONS
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Section 8

PUBLIC COMMENT
This time is for persons who wish to address the Council on any matter not on this agenda and over which the Council has jurisdiction.

Items requiring Council action not listed on this agenda will be placed on the next regular agenda for consideration, unless a finding is made by at least 2/3rd of the Council (three of the five members) that the item came up after the agenda was posted and is of an urgent nature requiring immediate action.

This portion of the meeting will be approximately 30 minutes total for all speakers, with each speaker given no more than five minutes. Please state your name and address for the record. (This is optional.)
Section 9

CONSENT CALENDAR
All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion.

Is there anyone on the Council, Staff or the public that would like to pull an item off the Consent Agenda for scrutiny? Those items will be considered separately under “Call Items.” October 21, 2026
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City of Ferndale, Humboldt County, California, U.S.A.

Draft Action Minutes for City Council Meeting of September 16, 2026 Mayor Randall Cady called the Regular City Council Meeting to order at 6:00 pm. Those present did the flag salute. Present were Council Members Leonard Lund, Skip Jorgensen and Phillip Ostler, along with City staff: City Manager Kristene Hall, City Clerk Brenda Taylor, Police Chief Ron Sligh, City Planner Michelle Nielsen. Councilwoman Jennifer Fisk-Becker had an excused absence.

Report out of Closed Session: None
Ceremonial: Proclamation Honoring Constitution Week was read by Mayor Cady and presented by City Manager Hall to Catherine Culver representative for the National Society Daughters of the American Revolution (NSDAR).

Modifications to the Agenda: None
Report out of Study Session: None
Public Comment: A public member who recently moved to Ferndale on Main Street expressed concerns about the lack of street lighting. He would like to have the council consider placing a streetlight near his property on Main Street.

A public member who lives on 5th Street expressed his dislike for the speed humps which are temporally placed near his house. This is a test series of traffic calming demonstrations. It is designed to reduce vehicle speed, improve awareness and enhance safety for everyone. He said he works nights and during the days when trucks and trailers go over the humps his entire house shakes and disrupts his sleep.

We appreciate every patron who comes in to voice their opinions. The Council and Mayor will discuss these situations and report accordingly.

Consent Calendar: Mayor Randall Cady read “All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Unless a specific request is made by a Council Member, staff, or the public, the Consent Calendar will not be read. There will be no separate discussion of these matters. However, if discussion is required, that item will be removed from the Consent Calendar and considered separately under “Call Items.”)
MOTION: to Approve the Consent Calendar.
(Lund/Ostler) Unanimous
Call Items Removed from Consent Calendar: None
Presentation: Beth Burks with the Redwood Coast Energy Authority gave a nice presentation about what they do, how they bill and what they offer the community. RCEA is a community choice energy provider. They purchase power from renewable sources like wind and solar, and PG&E. They are community focused by providing clean, energy efficient and local energy to the residents and they continue to deliver it to their home or business through its infrastructure.

Customers are automatically enrolled in RCEA’s program, though they can choose to opt out at any time.

Public Hearing: None
October 21, 2026
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Business:

13.a) Resolution 2026-18 Adoption of the Humboldt Reginal Climate Action Plan as the City of Ferndale’s Regional Climate Action Framework and makes findings as a responsible agency pursuant to the California Environmental Quality Act. A Climate Action Plan (CAP) is a comprehensive road map that outlines the specific activities a local government will undertake to reduce Green House Gasses, GHG.

MOTION: to Approve Resolution # 2026-18 Adoption of the Humboldt Regional Climate Action Plan.
(Jorgensen/Lund) Unanimous

13.b) City Manager Kristene Hall opened the discussion on the Regional Climate Action Plan Funding, Memorandum of Understanding (MOU). The MOU lays out how the participating jurisdictions would work together on implementation of the Regional Climate Action Plan, including the creation of a Regional Climate Committee and a Regional Climate Program Manager. There is no contribution required from Ferndale this fiscal year; however, beginning in fiscal year 2027/2028, Ferndale would have a financial contribution based on its population.

Once the final draft is complete, we will bring it back to the council for a vote.

13.c Resolution 2026-19 Authorizing a partial street closure on Main Street, from Shaw Ave to Ocean Ave for a Monster Mash Block Party. The assembly will take place on Wednesday, October 28th from 5pm to 8pm. Many merchants will be handing out treats and there will also be individuals participating in Trunk or Treats. This will be a Frightfully Fun Event for All.

MOTION: to Approve Resolution # 2026-19 Street Closure on Main Street. (Ostler/Lund) Unanimous

13.d Introduction and First Reading of Ordinance 2026-04, Administrative Citation Ordinance, presented by City Manager Hall and Police Chief Sligh. Currently, depending on the violation, our enforcement options can be somewhat limited or may require us to pursue a civil or criminal process. This ordinance would give the city another tool to address violations through an administrative citation process, with the goal of gaining compliance without having to take every violation through the court system. It does not replace our existing enforcement options but gives staff another option depending on the circumstances.

MOTION: to Move Forward with the Second Reading.
(Lund/Ostler) Unanimous

13.e Introduction and First Reading of Ordinance 2026-05, Adopting Updated Animal Control Regulations, presented by City Manager Hall and Police Chief Sligh. Our current Animal Control Ordinance was adopted in 2005, so this update has been needed for some time. The proposed ordinance brings our regulations up to date with current state law and just importantly, better reflects how the City is currently handling animal control. It addresses licensing, animals at large, barking and nuisance animals, bites impoundment, dangerous dogs, and animal care.

MOTION: to Move Forward with Second Reading
(Ostler/Jorgensen) Unanimous
Correspondence: City Manager Kristene Hall took a moment to recognize and thank everyone who responded to and assisted with the fire off Port Kenyon Road on Labor Day. She said, “we were very fortunate to have such a quick and coordinated response from our Ferndale Volunteer Fire Department, along with Humboldt Bay Fire, CAL Fire, Fortuna Fire, Loleta Fire, Samoa Fire and Rio Dell Fire Departments.” This was a fantastic collaboration with everyone involved.

She also thanked the Ferndale Police Department, Ferndale CERT, Donny Mobley with MCI, Red Front Store, Valley Grocery, Buttercup Coffee, Bill Becker and George Wilson. Everyone stepped up and helped where needed. If anyone was not mentioned, just know your help was greatly appreciated.

October 21, 2026
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Comments From the Council: Councilman Lund recognized the removal of the speed humps on 5th Street. He was asking what the next stage of the Vision Zero Project is. We have not heard back from the Vision Zero Team to hear how the project did.

Reports:

Adjourn:

Mayor Randall Cady thanked the staff, public, and fellow council members, he commented on how safe and pleasant our town is, and Adjourned the Meeting at 7:46pm.

Next Regular Scheduled Council Meeting is October 21, 2026 @ 6pm.

Respectfully submitted,
Brenda Taylor
City Clerk
October 21, 2026
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SEPTEMBER 2026 Deposit Recap 9.01.26 9.10.26 9.22.26 9.25.26 9.28.26 RETAIL TAX 17,195.81
T&U TAX 20,354.20
HIGHWAY USER TAX/VEHICLE LICENSE FEES 4,786.59 2,263.41 3,176.93 RMRA
BUSINESS LIC 1,285.00
ANIMAL LIC 205.00
BUILDING RENTS 5,114.45
PERMITS 4,566.55
TOT 35,701.75

HCAOG - LTF/TDA

CIRA SAFETY GRANT
SEPTIC DUMPS / SEWER REVENUE 6,672.00
PLAN.ENG REIMBURSEMENT 1,452.50

HUMBOLDT CTY - COPS
EEL RIVER LITTLE LEAGUE ANNUAL FEE 200.00

DONATIONS
POLICE SERVICES 1,028.60

COUNTY OF HUMBOLDT-PROPERTY TAXES

COUNTY OF HUMBOLDT-SEWER

COUNTY OF HUMBOLDT - DRAINAGE

COUNTY OF HUMBOLDT-INTEREST INCOME
SURPLUS SALE 3,280.00
GRANT REIMBURSEMENTS SWB #9 1,885.05
GRANT REIMBURSEMENTS PER CAPITA #2 49,848.00
GRANT REIMBURSEMENTS CC DECK -BRL 11,080.74
4,786.59 2,263.41 3,176.93 37,550.01 122,319.64 170,096.58 October 21, 2026
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Meeting Date: October 21, 2026 Agenda Item Number 9. d
Agenda Item Title: Resolution 2026-20 Adopting the City’s Conflict of Interest Code with No Revisions
Presented by: City Manager
Type of Item: x Action Discussion Information
Action Required No Action x Voice Vote Roll Call Vote
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2026-20, confirming completion of the required biennial review and adopting the City's existing Conflict of Interest Code without revisions.

BACKGROUND AND DISCUSSION:

The California Political Reform Act requires local government agencies to adopt and maintain a Conflict of Interest Code and review that code every even-numbered year to ensure it remains current and accurately reflects the agency's organizational structure and designated positions.

The purpose of the Conflict of Interest Code is to promote transparency and accountability in local government by identifying those officials, employees, and consultants who are required to disclose certain financial interests through the filing of Statements of Economic Interests (Form 700). These disclosures help identify potential conflicts of interest and ensure that individuals participating in governmental decisions comply with applicable state requirements.

As part of the 2026 biennial review, City staff evaluated the existing Conflict of Interest Code, including the designated positions and corresponding disclosure categories outlined in Exhibits A and B. The review considered whether changes to the City's organizational structure, staffing, or responsibilities warranted amendments to the existing code.

Following this review, staff determined that the current code continues to adequately identify the positions subject to disclosure requirements and that no revisions are necessary at this time.

Resolution No. 2026-20 formally documents the City's review and readopts the existing Conflict of Interest Code without changes. The resolution also incorporates by reference the standard provisions established by the Fair Political Practices Commission (FPPC) under Title 2, California Code of Regulations, Section 18730.

Adoption of the resolution will allow the City to complete its 2026 biennial review process while maintaining the existing disclosure requirements for designated officials, employees, and consultants.

October 21, 2026
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FINANCIAL IMPACT
There is no anticipated financial impact associated with adoption of the resolution.

STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2026-20, adopting the City's Conflict of Interest Code without revisions.

ATTACHMENTS

1. Resolution No. 2026-20 – Conflict of Interest Code

2. Exhibit A – Designated Positions and Disclosure Levels

3. Exhibit B – Disclosure Categories
October 21, 2026
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RESOLUTION NO. 2026-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERNDALE

ADOPTING WITHOUT REVISION THE CONFLICT OF INTEREST CODE FOR CITY

OF FERNDALE COUNCIL MEMBERS, COMMISSIONERS, CONSULTANTS, AND

DESIGNATED EMPLOYEES
WHEREAS: the Political Reform Act, Government Code Section (§) 81000, et seq., requires State and Local Government Agencies to adopt Conflict of Interest Codes and to review those Codes in even numbered years to ensure they are kept current; and WHEREAS: The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal. Code of Regs. §18730, which contains the terms of a standard conflict of interest code; and
WHEREAS: The code can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Political Reform Act; and
WHEREAS: No additional positions have been deemed to make, or participate in the making of, decisions which may have a foreseeable material effect on a financial interest and no previously listed position have been vacated that are in need of being eliminated for the Code; and
WHEREAS: This review has been completed and the City Council has determined that no changes are necessary due to changes in the City organization and to comply with state law and that exhibits A and B attached herein, accurately sets forth the designated positions, and their respective categories of financial interests which should be made reportable and those boards, commissions, and committees which should be designated and the respective categories of financial interests which should be made reportable by their members; and WHEREAS: The City of Ferndale Conflict of Interest Code accurately sets forth the designated positions and categories of financial interests which should be made reportable as reflected in Exhibits A and B.

NOW, THEREFORE BE IT RESOLVED: The terms of 2 Cal. Code of Regs. §18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference, and along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Ferndale.

BE IT FURTHER RESOLVED: Designated employees shall file their statements with the City of Ferndale which will make the statements available for public inspection and reproduction (G.C. §81008). Statements for all designated employees will be retained by the City Clerk of the City of Ferndale.

October 21, 2026
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BE IT FURTHER RESOLVED: That the City of Ferndale abides by G.C. §87200 requiring Mayors, City Managers, City Attorneys, City Treasurers, Members of City Councils and Planning Commissions, and any other public officials who manage public investments, and to candidates for any of these offices at any election.

PASSED AND ADOPTED by the City Council of the City of Ferndale on October 21, 2026, by the following vote:

Ayes:

Noes:

Abstain:

Absent:
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Randy Cady, Mayor
Attest:
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Brenda Taylor, City Clerk
October 21, 2026
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Exhibit A - Resolution 2026-20
Position Disclosure Level
City Manager 1
City Clerk 1
City Treasurer (Finance) 1
City Attorney 1
City Engineer 1
City Planner 1
Building Official / Building Inspector 3 and 5
Mayor 1
City Council persons 1
Planning Commission Chair 1
Planning Commissioners 1
Consultants* See Exhibit B
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manger’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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Exhibit B-Resolution 2026-20
Disclosure Categories
1 Full
Disclosure
All interests in real property located within the jurisdiction, as well as investments, business positions and sources of income, including gifts, loans and travel payments. 2 Full
Disclosure
(excluding
interests in
real property)
All investments, business positions and sources of income, including gifts, loans and travel payments.
3 Interests in
Real Property
All interests in real property located in the jurisdiction. 4 General
Contracting
Categories
(Two models)
Note: The first model can be used for an individual who contracts for the entire agency.

The second model is for an individual who has contracting authority for a specific department (e.g. fleet manager).

All investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City of Ferndale.

All investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the specific department of the City of Ferndale.
5 Regulatory,
Permit or
Licensing
Agency (Two
models)
Note: The first model can be used by an agency that licenses or regulates. The second model can be used by an agency that licenses occupations, as well as approves classes or curricula to obtain, or maintain an occupation license.

All investments, business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the City of Ferndale.

All investments, business positions and income, including gifts, loans and travel payments, from sources that either contract to provide education or training required by the City of Ferndale to qualify or maintain a license, or entities that provide education or training services which courses or curricula are approved by the City of Ferndale.

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6 Grant /
Service
Providers /
Agencies that
Oversee
Programs
(two models)
Note: The first model can be used by an agency that awards monies or grants to organizations or individuals. The second model is for an agency that also approves programs for rehabilitative services.

All investments, business positions and income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City of Ferndale.

All investments, business positions and income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to offer or provide consulting, rehabilitative or educational services concerning the prevention, treatment or rehabilitation of persons suffering from alcohol related problems / drug abuse.

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Section 10

CALL ITEMS
These are items pulled from the consent agenda
for discussion and a separate motion.

Section 11

PRESENTATIONS
Section 12

PUBLIC HEARING
October 21, 2026
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Meeting Date: October 21, 2026 Agenda Item Number 12.a
Agenda Item Title Unmet Transit Needs Hearing
Presented By: City Manager
Type of Item: x Action Discussion Information
Action Required: No Action x Voice Vote Roll Call Vote

PROJECT SUMMARY
Conduct the annual public hearing to receive comments regarding unmet public transportation needs within the City of Ferndale and the surrounding region, as part of the Humboldt County Association of Governments (HCAOG) Unmet Transit Needs assessment process.

Following the public hearing, the City Council will consider the comments received and determine which of the three findings established through the regional Unmet Transit Needs process is appropriate. The City's findings and any public comments will be forwarded to HCAOG for inclusion in its annual evaluation.

BACKGROUND
The Transportation Development Act (TDA) provides funding for public transportation through two primary sources: the Local Transportation Fund (LTF), which is derived from a portion of statewide sales tax revenues, and the State Transit Assistance Fund (STAF), which is funded through diesel fuel tax revenues.

HCAOG serves as the Regional Transportation Planning Agency responsible for administering the TDA funding allocation process within Humboldt County. As part of this responsibility, HCAOG conducts an annual Unmet Transit Needs assessment to identify transportation needs throughout the region and determine whether any identified needs are reasonable to meet.

The annual process includes opportunities for public participation, review of comments and service requests, consultation with transportation providers, and consideration by HCAOG's Social Services Transportation Advisory Council (SSTAC). Following this review, a recommendation is forwarded to the HCAOG Board for consideration and adoption of the annual findings.

An unmet transit need generally involves transportation services that are not currently available to residents for essential activities such as medical appointments, employment, shopping, education, and other community activities. In determining whether a need is reasonable to meet, HCAOG evaluates operational feasibility, anticipated ridership, financial sustainability, and other adopted criteria.

Ferndale's Local Circumstances
The City of Ferndale does not currently operate a municipal public transportation system. Due to the City's small population, geographic location, anticipated ridership, and substantial ongoing operating costs, establishing a dedicated municipal bus service has not historically been considered financially or operationally feasible.

However, the Ferndale Senior Resource Center provides transportation assistance to local seniors and individuals with disabilities, helping address transportation needs within the community. This October 21, 2026
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service is an important resource for residents who may otherwise have limited transportation options.

While the City recognizes that transportation needs may exist, particularly for seniors, individuals with disabilities, and residents without access to personal vehicles, the availability of existing transportation resources should be considered alongside the operational and financial feasibility of establishing additional public transportation services.

Historically, the Ferndale City Council has selected Finding No. 2: There are no unmet transit needs which are reasonable to meet.

This finding does not suggest that individual residents have no transportation needs. Rather, it recognizes that existing resources provide some transportation assistance and that additional proposed services must meet HCAOG's established criteria for operational feasibility, anticipated ridership, and financial sustainability.

Under the Transportation Development Act, Local Transportation Fund (LTF) allocations may be used for eligible local street and road purposes when applicable transit funding requirements have been satisfied. Ferndale has historically utilized its LTF allocation for street and road maintenance and improvements, providing an important funding source for maintaining the City's transportation infrastructure.

HCAOG's FY 2027–28 synopsis specifically identifies Ferndale as a jurisdiction that claims its LTF allocation for streets and roads maintenance.

Available Findings
Following the public hearing, the City Council may select one of the following findings:

1. There are no unmet transit needs.

2. There are no unmet transit needs which are reasonable to meet.

3. There are unmet transit needs, including those that are reasonable to meet.

The distinction between these findings is important. When unmet transit needs are identified and determined to be reasonable to meet, available LTF funding must first be considered for those qualifying transit needs before funds may be allocated for eligible non-transit purposes.

The City Council's annual review provides an opportunity to consider whether local circumstances have changed or whether any new transportation needs have been identified that warrant additional regional evaluation.

FINANCIAL IMPACT
The City's annual LTF allocation represents an important source of revenue for local street and road maintenance and improvements.

Historically, the City has used these funds to supplement its limited resources available for maintaining public streets and transportation infrastructure.

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Continuation of Finding No. 2, if supported by the public testimony and applicable HCAOG criteria, would allow the City to continue pursuing the use of eligible LTF revenues for street and road purposes, subject to HCAOG's regional findings and TDA allocation requirements.

A finding that unmet transit needs exist and are reasonable to meet could affect the availability of LTF funding for non-transit purposes.

RECOMMENDED ACTION
Staff recommends that the City Council:

1. Open the public hearing and receive testimony regarding unmet transit needs within the City of Ferndale and surrounding region.

2. Close the public hearing and consider any comments received.

3. If supported by the information presented, adopt Finding No. 2: There are no unmet transit needs which are reasonable to meet.

4. Direct staff to forward the Council's finding and a summary of public comments to HCAOG for consideration in the FY 2027–28 Unmet Transit Needs assessment.

SUGGESTED MOTION
“I move that the City Council find that there are no unmet transit needs which are reasonable to meet, and direct staff to forward the City's finding and any public comments received to the Humboldt County Association of Governments for inclusion in the FY 2027–28 Unmet Transit Needs assessment.”

ATTACHMENT
HCAOG – FY 2027–28 Citizen Participation Process for Transit Needs Assessment and Unmet Transit Needs Definition and Reasonable to Meet Criteria.

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Citizen Participation Process for Transit Needs Assessment Transportation Development Act
The Humboldt County Association of Governments (HCAOG) is responsible for allocating Transportation Development Act (TDA) funds within the region. The TDA provides two major sources of funding, Local Transportation Funds (LTF) derived from a ¼ cent of the general sales tax and State Transportation Assistance Funds (STAF) derived from a tax on diesel fuel. Together, these TDA funds are a revenue source for public transit in Humboldt County. The “Unmet Transit Needs” process is carried out annually to identify and evaluate the adequacy of existing public transportation services.

HCAOG is required to assess transit needs prior to allocating LTF money for non-transit purposes, while STAF is programmed to public transit agencies.

Each jurisdiction has its own LTF account. The Cities of Arcata, Eureka and Fortuna use the entirety of their LTF allocation for transit purposes and the County of Humboldt increasingly uses all or almost all of its LTF for transit. The City of Rio Dell, Blue Lake, and Trinidad typically have funds remaining after paying their share for eligible transit uses. In these cases, the TDA allows LTF to be applied to local streets and roads budgets, including pedestrian and bicycle projects. The City of Ferndale claims its whole LTF allocation for its streets and roads maintenance.

Public Process to Make a Finding
HCAOG’s Social Services Transportation Advisory Council (SSTAC) leads the process.

One required hearing is held at the HCAOG Board, and other jurisdictions may hold hearings as well. Comments are solicited through an online survey, ads, and information sharing between organizations serving people who rely on transit. The SSTAC considers all public testimony and input, determines if the suggestions meet the adopted definition of an unmet transit need and applies adopted criteria to determine if the need is “reasonable to meet”. Public comments are accepted throughout the year and close on December 31st.

The SSTAC will consider the draft Unmet Transit Needs report and forward one of the following findings to the HCAOG Board for consideration:
(a) there are no unmet transit needs; or
(b) there are no unmet transit needs which are “reasonable to meet”; or (c) there are unmet transit needs, including those that are “reasonable to meet” Examples of Past Public Input and Findings
Unmet needs include Sunday service, Saturday night service on Redwood Transit System, and later evening service on the Eureka Transit System. These services are often found “not reasonable to meet” based on projected farebox returns and very low estimated ridership that would result in a high operating subsidy. Additionally, unmet needs must be considered financially sustainable based on there being enough money available from identified sources of funding to pay for the marginal operating cost of the service continuously for three years.

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Comments received through this annual process can provide valuable feedback to transit operators. Not all operational requests can be met, but the Humboldt Transit Authority makes every effort to respond where feasible. Public comments are beneficial as a record of community need and can help to secure competitive grant-funded projects such as first-last mile mobility solutions to expand access to transit.

Opportunities for Public Comment on Unmet Transit Needs • Navigate to the project page at https://www.hcaog.net/programs-projects/publictransportation or find the survey at bit.ly/UnmetTransitNeeds • At one of the advertised public meetings;
• Written comments and/or feedback gathered from staff during direct outreach; • Comment submittals by email or telephone: [email protected] or 707-444-8208.

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UNMET TRANSIT NEEDS

DEFINITION & REASONABLE TO MEET CRITERIA
Unmet transit needs are, at a minimum:
(1) Trips requested from residents who do not have access to public transportation, specialized transportation, or private transport services or resources for the purpose of traveling to medical care, shopping, social/recreational activities, education/training, and employment; or
(2) Proposed public transportation, specialized transportation, or private transport services identified in the following, but not limited to: a Transportation Development Plan, Regional Transportation Plan, Coordinated Public Transit–Human Services Transportation Plan. (3) Sufficient broad-based community support exists, meaning that persons who will likely use the service on a routine basis demonstrate support with at a minimum two requests for general public service and for disabled service.

Additionally, unmet transit needs do not include:
 Improvements funded or scheduled for implementation in the next fiscal year.  Minor operational improvements or changes such as bus stops, schedules, and minor route changes. Minor operational improvements are changes to service which do not affect the operating cost of the transit service either by requiring additional staff and/or additional vehicle hours of service or miles of service.  Trips for primary or secondary school transportation
 Sidewalk improvements or street and road needs.

Reasonable to meet criteria:
(1) To be considered “reasonable to meet”, a service must be operationally feasible and financially sustainable, as defined below:
a) The service must have adequate roadways and must be safe to operate. b) Enough money should be available from identified sources of funding to pay for the marginal operating costs of the service continuously for three years. (2) The service must be projected to meet a minimum “marginal farebox-return-ratio” of 10 percent within two years. Performance measures including estimated subsidy per passenger trip and passengers per vehicle hour of service will also be considered. For new service, ridership and farebox-return-ratio thresholds will be considered. (3) Pursuant to the requirements of TDA Statutes (Public Utilities Code Section 99401.5c, a determination of needs that are “reasonable to meet” shall not be made by comparing unmet transit needs with the need for streets and roads, for the allocation of TDA funds. (4) Once a service is determined to be "reasonable to meet" and is implemented, it can be expected that the ridership in the first 1-2 years of the new service will be less than the projected optimal ridership. Ridership should be evaluated at 6-month intervals to determine if service is meeting performance standards adopted by the transit provider, and specifically, whether the service meets a minimum 10 percent marginal fareboxreturn-ratio. If the service is being adequately promoted and fails to be within 60 percent of the identified standards after six months, 90 percent with the first year, or 100 percent within two years, the service may be cancelled and deemed "no longer reasonable to meet." An exception to this rule is when a community or group is willing to participate in sharing the ongoing cost of the new service.

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Meeting Date: October 21, 2026 Agenda Item Number 12.b
Agenda Item Title Second Reading of Ordinance No. 2026-04 Adopting Administrative Citation Procedures for Violations of City Ordinances, by title only Presented By: City Manager and/or Police Chief
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
RECOMMENDATION:

Approve the second reading of the proposed Administrative Citation Ordinance No. 2026-04 Adopting Administrative Citation Procedures for Violations of City Ordinances.

Waive further reading, and read the Ordinance by title only.

BACKGROUND
The City currently has a number of ordinances regulating property conditions, nuisances, animals, building and zoning requirements, and other matters affecting the health, safety, and welfare of the community. Depending upon the particular ordinance, available enforcement options may include warnings, notices of violation, nuisance abatement, civil enforcement, or prosecution as an infraction or misdemeanor.

California Government Code section 53069.4 allows cities to establish an administrative citation process for violations of local ordinances. Administrative citations provide an additional civil and non-criminal method of obtaining compliance without requiring every ordinance violation to proceed through a criminal or civil court action.

The proposed ordinance establishes a general administrative citation procedure that may be used to enforce City ordinances when City staff determines that administrative enforcement is appropriate. The procedure would supplement, rather than replace, the City's existing enforcement remedies. The first reading of Ordinance No. 2026-04, Adopting Administrative Citations Procedures for Violations of City Ordinance was unanimously approved by the Council on September 16th, 2026.

DISCUSSION
The proposed ordinance establishes a Citywide administrative citation process applicable to violations of City ordinances unless a different enforcement procedure is required by State law or by the ordinance establishing the violation. Use of the administrative citation process is discretionary. The City may instead use warnings, correction orders, nuisance abatement, civil enforcement, criminal enforcement where authorized, or another available remedy depending upon the circumstances.

The principal provisions of the proposed ordinance include the following:
• Authority to issue citations. City officers, employees, agents, contractors, and other persons designated or authorized to enforce City ordinances may issue administrative citations within the scope of their enforcement authority. • Notice of violation and correction. A citation identifies the ordinance violated, describes the violation and applicable fine, and may order correction of the violation. For certain continuing building, plumbing, electrical, structural, or zoning violations that do not create October 21, 2026
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an immediate danger to health or safety, the ordinance provides a reasonable correction period before administrative fines are imposed, as required by State law. • Administrative fines. Unless a different amount is authorized by law or established by the City Council, the proposed ordinance establishes maximum administrative fines of $100 for a first violation, $200 for a second violation of the same ordinance within one year, and $500 for additional violations within one year. The Council may establish or amend a fine schedule by resolution.
• Administrative review. A person receiving a citation may request an administrative hearing to contest the violation, responsibility for the violation, the amount of the fine, or a correction order. The ordinance also establishes a hardship-waiver procedure for persons who are financially unable to deposit the fine before the hearing. • Hearing procedure. Hearings are conducted by a Hearing Officer designated by the City Manager. The Hearing Officer may uphold, cancel, or modify the citation, fine, or correction order following consideration of the evidence. • Collection and judicial review. Unpaid administrative fines may be collected through lawful collection methods. A person aggrieved by the final administrative decision retains the right to seek judicial review as provided by Government Code section 53069.4.

The ordinance does not require City staff to issue an administrative citation before using another enforcement remedy. This preserves flexibility to select an enforcement approach appropriate to the nature and seriousness of the violation, the need for prompt correction, public health and safety considerations, and the responsible person's compliance history.

The proposed administrative citation process is also intended to work in conjunction with the updated Animal Control Ordinance being presented separately to the Council. That ordinance expressly allows animal-control violations to be enforced through the City's administrative citation procedure, while preserving other remedies available to the city.

FINANCIAL IMPACT
Adoption of the ordinance does not itself appropriate City funds. Implementation may result in staff time associated with issuing and processing citations, conducting administrative hearings, and collecting unpaid fines. The ordinance authorizes administrative fines and permits the City Council to establish a fine and late-charge schedule by resolution.

ENVIRONMENTAL REVIEW
Adoption of the ordinance is exempt from the California Environmental Quality Act pursuant to the common-sense exemption in CEQA Guidelines section 15061(b)(3), because the ordinance establishes administrative enforcement procedures and does not approve any physical development or other activity that may result in a direct or reasonably foreseeable indirect physical change in the environment. The first reading of Ordinance No. 2026-04, Adopting Administrative Citations Procedures for Violations of City Ordinance was unanimously approved by the Council on September 16th, 2026.

ATTACHMENT

1. Proposed Ordinance No. 2026-04 – An Ordinance of the City Council of the City of Ferndale Adopting Administrative Citation Procedures for Violations of City Ordinances October 21, 2026
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ORDINANCE NO. 2026-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE

ADOPTING ADMINISTRATIVE CITATION PROCEDURES FOR

VIOLATIONS OF CITY ORDINANCES

RECITALS
WHEREAS, the City Council desires to provide fair, efficient, and practical procedures for the enforcement of City ordinances;
WHEREAS, Government Code section 53069.4 authorizes the legislative body of a local agency, by ordinance, to make violations of ordinances enacted by the local agency subject to administrative fines or penalties and to establish procedures governing the imposition, enforcement, collection, and administrative review of such fines or penalties; WHEREAS, administrative citations provide an additional civil enforcement tool and do not limit the City's ability to pursue warnings, notices of violation, correction orders, infraction or misdemeanor prosecution where authorized, nuisance abatement, civil actions, cost recovery, or any other remedy available by law;
WHEREAS, the City Council desires that use of administrative citations remain discretionary and that City staff retain flexibility to address violations in a manner appropriate to the nature and severity of the violation, the public health and safety interests involved, and the compliance history of the responsible person;
WHEREAS, the City Council desires to establish procedures for notice, correction periods where required by law, hearing requests, hardship waivers, hearing officer decisions, collection, and judicial review; and
WHEREAS, the City Council finds that adoption of this Ordinance is necessary and appropriate to protect the public health, safety, welfare, property, and peaceful enjoyment of the community and to promote compliance with City ordinances.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FERNDALE DOES ORDAIN AS FOLLOWS:

ARTICLE 1: PURPOSE, AUTHORITY, AND APPLICABILITY
§1.01 Purpose. The purpose of this Ordinance is to establish administrative citation procedures for violations of ordinances adopted by the City of Ferndale. The procedures established by this Ordinance are intended to provide a fair, efficient, and noncriminal method for enforcing City ordinances and encouraging prompt compliance.
§1.02 Authority. This Ordinance is adopted pursuant to the City's police powers and Government Code section 53069.4, as it may be amended, or any successor statute. §1.03 Applicability. This Ordinance applies to any violation of any ordinance adopted by the City, unless a different enforcement procedure is expressly required by state law or by the ordinance establishing the violation. This Ordinance applies to continuing violations, repeated violations, and violations occurring before, on, or after the effective date of this Ordinance, except that no administrative fine shall be imposed for conduct occurring before the effective date of this Ordinance.

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§1.04 Cumulative Remedies. The remedies provided in this Ordinance are cumulative and in addition to all other legal, equitable, administrative, civil, and criminal remedies available to the City. The City may pursue any available remedy, or combination of remedies, in its discretion. §1.05 Discretionary Use. Use of administrative citations under this Ordinance is discretionary.

Nothing in this Ordinance requires the City to issue an administrative citation before pursuing any other lawful remedy, except where otherwise required by law.

ARTICLE 2: DEFINITIONS AND ENFORCEMENT AUTHORITY
§2.01 Definitions. For purposes of this Ordinance, the following definitions shall apply unless the context clearly requires otherwise:

Administrative citation means a written citation issued under this Ordinance for violation of a City ordinance.

Administrative fine means the monetary fine or penalty imposed by an administrative citation.

City means the City of Ferndale.

Enforcement Officer means any City officer, employee, agent, contractor, or other person designated or authorized by the City Manager, Chief of Police, or applicable City ordinance to enforce a City ordinance. Enforcement Officer includes, but is not limited to, the City Manager, Chief of Police, peace officers, Animal Control Officer, Building Official, Fire Chief, Public Works Director, and their respective designees, to the extent authorized by law.

Hearing Officer means the City Manager or any person designated by the City Manager to conduct administrative citation hearings under this Ordinance. The Hearing Officer may be an outside neutral hearing officer designated by the City Manager.

Responsible person means any person who causes, permits, maintains, conducts, allows, suffers, or is otherwise legally responsible for a violation of a City ordinance. Responsible person includes, as applicable, a property owner, tenant, occupant, business owner, manager, permittee, licensee, agent, contractor, custodian, or any other person with control over the property, activity, condition, or animal involved in the violation. §2.02 Authority to Issue Citations. An Enforcement Officer has authority to issue administrative citations under this Ordinance when the Enforcement Officer determines that a violation of a City ordinance has occurred.
§2.03 No Expansion of Powers. Nothing in this Ordinance grants peace officer powers to any person who does not otherwise possess such powers under state law, and nothing in this Ordinance authorizes entry onto private property except as authorized by law, consent, warrant or inspection warrant, exigent circumstances, or other lawful authority.

ARTICLE 3: ADMINISTRATIVE CITATIONS
§3.01 Administrative Citation Authorized. Whenever an Enforcement Officer determines that a violation of a City ordinance has occurred, the Enforcement Officer may issue an administrative citation to any responsible person.
§3.02 Contents of Administrative Citation. Each administrative citation shall contain, to the extent reasonably available, the following information:

3.02.1 The date of the violation or the date the violation was observed; October 21, 2026
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3.02.2 The address or a definite description of the location where the violation occurred;

3.02.3 The ordinance section or requirement violated and a brief description of the violation;

3.02.4 The name of the responsible person, if known;

3.02.5 The amount of the administrative fine for the violation;

3.02.6 A description of the fine payment process, including the time within which and the place to which the fine shall be paid;

3.02.7 An order prohibiting the continuation or repeated occurrence of the violation;

3.02.8 If the violation is correctable, an order to correct the violation and the time within which correction must occur;

3.02.9 A description of the administrative citation review process, including the deadline and procedure for requesting a hearing and the availability of an advance deposit hardship waiver;

3.02.10 A statement that failure to pay the fine or request a hearing may result in additional charges, collection, or other lawful enforcement;

3.02.11 The name and signature, or authorized electronic signature or identification, of the issuing Enforcement Officer.
§3.03 Service of Administrative Citation. An administrative citation may be served by personal delivery, by first-class mail, by certified mail, by posting at the property or location where the violation exists, by electronic means where authorized by law or consented to by the responsible person, or by any other method reasonably calculated to provide notice. Service by mail shall be deemed complete at the time of deposit in the United States mail. Failure of a responsible person to receive a citation served in accordance with this section does not affect the validity of the citation or any proceeding under this Ordinance.
§3.04 Correction Orders. An administrative citation may include an order to correct the violation.

Payment of an administrative fine does not excuse or discharge any obligation to correct the violation, cease the violation, or comply with any order issued by the City. §3.05 Correction Periods for Certain Continuing Violations. For a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that does not create an immediate danger to health or safety, the City shall provide the responsible person a reasonable period of time to correct or otherwise remedy the violation before imposing administrative fines or penalties, as required by Government Code section 53069.4. The correction period shall be specified in the administrative citation or other written notice. In determining a reasonable correction period, the Enforcement Officer may consider the nature of the violation, the work required to correct it, the need for permits or professional assistance, the protection of public health and safety, and any other relevant circumstances. Unless a longer period is required by law, the correction period shall not exceed 120 days. §3.06 Immediate Fines for Certain Violations. A correction period is not required before imposition of an administrative fine when the violation does not fall within Section 3.05, when the violation creates or contributes to an immediate danger to health or safety, when immediate enforcement is otherwise authorized by law, when the violation is not capable of correction, when October 21, 2026
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the violation is repeated or recurring, or when the responsible person fails to comply with a prior warning, notice, citation, or correction order.
§3.07 Continuing and Repeated Violations. Each day a violation exists, continues, or is maintained may constitute a separate violation. Each repeated occurrence of the same or substantially similar violation may constitute a separate violation. The City may issue additional administrative citations for continuing or repeated violations.

ARTICLE 4: FINES AND PAYMENT
§4.01 Amount of Fines. Unless a different amount is expressly authorized by state law or by ordinance adopted by the City Council, administrative fines shall not exceed the following amounts:

4.01.1 One hundred dollars ($100.00) for a first violation;

4.01.2 Two hundred dollars ($200.00) for a second violation of the same ordinance within one year; and

4.01.3 Five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
§4.02 Building and Safety Code Violations. For violations of local building and safety codes that would otherwise be infractions, administrative fines shall not exceed the maximum amounts authorized by Government Code section 36900, as it may be amended, or any successor statute.

The City may impose lower fines by resolution or citation schedule. §4.03 Fine Schedule. The City Council may establish and amend by resolution a schedule of administrative fines and late payment charges consistent with this Ordinance and applicable law.

If no specific fine amount has been established for a violation, the default fine amounts in Section

4.01 shall apply.
§4.04 Payment of Fine. The administrative fine shall be paid to the City within 30 days from the date of the administrative citation, unless a timely hearing request is filed and the fine is deposited or a hardship waiver is granted under this Ordinance.
§4.05 Payment Not Admission. Payment of an administrative fine shall not constitute an admission of the violation for any other purpose, but shall constitute resolution of the administrative citation unless the violation continues or recurs or unless additional remedies are pursued by the City.
§4.06 No Excuse of Continuing Violation. Payment of an administrative fine does not excuse, discharge, or permit the continuation or repeated occurrence of the violation that is the subject of the administrative citation.

ARTICLE 5: HEARING REQUESTS AND HARDSHIP WAIVERS
§5.01 Request for Hearing. Any recipient of an administrative citation may contest the citation, the existence of the violation, whether the recipient is a responsible person, the amount of the fine, or any correction order issued with the citation by completing a request for hearing form and filing it with the City within 14 days from the date of the administrative citation. §5.02 Advance Deposit. A request for hearing shall be accompanied by an advance deposit of the full amount of the administrative fine or by a request for an advance deposit hardship waiver under October 21, 2026
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Section 5.03. No hearing shall be held unless the fine has been deposited or an advance deposit hardship waiver has been granted, unless the City Manager waives the deposit requirement in writing.
§5.03 Advance Deposit Hardship Waiver. Any person who is financially unable to deposit the full amount of the administrative fine may request an advance deposit hardship waiver. The request shall be filed with the City on a form provided by the City within 10 days from the date of the administrative citation. The requirement to deposit the fine shall be stayed while the waiver request is pending.

5.03.1 The person requesting the waiver shall submit a sworn declaration, together with any supporting documents or materials, demonstrating financial inability to deposit the full amount of the fine in advance of the hearing.

5.03.2 The City Manager, or the City Manager's designee, shall issue a written determination granting or denying the waiver. The determination shall be final for purposes of the advance deposit requirement.

5.03.3 If the waiver is denied, the cited party shall deposit the full amount of the fine within 10 days from the date of service of the denial or within 14 days from the date of the administrative citation, whichever is later.

5.03.4 If the waiver is granted, the hearing shall proceed without advance deposit. If the citation is upheld, the Hearing Officer shall establish a payment deadline or payment schedule in the written decision.
§5.04 Notice of Hearing. The person requesting the hearing shall be notified of the time and place of the hearing at least 10 days before the hearing date, unless the person requesting the hearing agrees to shorter notice.
§5.05 Enforcement Officer Report. If the Enforcement Officer submits an additional written report, photographs, videos, or other evidence to the Hearing Officer for consideration at the hearing, a copy shall be made available or served on the person requesting the hearing at least five days before the hearing, unless good cause exists for later submission and the Hearing Officer determines that admission of the evidence will not prejudice the person requesting the hearing.

ARTICLE 6: HEARING OFFICER, HEARING PROCEDURE, AND DECISION §6.01 Hearing Officer. The City Manager shall designate the Hearing Officer for administrative citation hearings. The City Manager may designate himself or herself as the Hearing Officer or may designate another City official, employee, contractor, or outside neutral hearing officer, provided that the Hearing Officer was not the Enforcement Officer who issued the citation and did not directly participate in issuing the citation.
§6.02 Hearing Officer Independence. The employment, performance evaluation, compensation, and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount or number of administrative citation fines upheld by the Hearing Officer. §6.03 Time for Hearing. A hearing shall be set for a date not less than 15 days and not more than 30 days from the date the request for hearing is filed, unless the Hearing Officer determines that good cause exists for a different date or the parties agree to a different date.

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§6.04 Hearing Procedure. The hearing shall be conducted in an informal manner consistent with due process. Formal rules of evidence shall not apply. The person contesting the administrative citation shall be given the opportunity to testify, present evidence, and respond to the citation and evidence. The Enforcement Officer or other City representative may present evidence in support of the citation. The Hearing Officer may continue the hearing and request additional information before issuing a decision.
§6.05 Prima Facie Evidence. The administrative citation and any report, declaration, photograph, video, or other evidence submitted by the Enforcement Officer shall constitute prima facie evidence of the facts stated or depicted therein.
§6.06 Failure to Appear. Failure of the recipient of an administrative citation to appear at a properly noticed hearing shall constitute a failure to exhaust administrative remedies and may result in forfeiture of the advance deposit, if any, and a determination upholding the citation and any correction order. The Hearing Officer may nevertheless consider the evidence and issue a written decision.
§6.07 Hearing Officer Decision. After considering the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold, cancel, or modify the administrative citation, the fine, and any correction order. The written decision shall state the reasons for the decision and shall be served on the recipient of the citation.

6.07.1 If the citation is upheld and the fine was deposited with the City, the City shall retain the fine.

6.07.2 If the citation is upheld and the fine was not deposited because an advance deposit hardship waiver was granted, the Hearing Officer shall set forth a payment deadline or payment schedule in the decision.

6.07.3 If the citation is canceled and the fine was deposited with the City, the City shall promptly refund the deposited fine. If the fine is reduced and the full fine was deposited, the City shall promptly refund the amount paid in excess of the reduced fine. Any refund shall include interest to the extent required by law.

6.07.4 The Hearing Officer's decision shall be final for the City, subject to judicial review as provided in this Ordinance and Government Code section 53069.4.

ARTICLE 7: LATE CHARGES, COLLECTION, JUDICIAL REVIEW, AND NOTICES §7.01 Late Payment Charges and Interest. Any person who fails to pay an administrative fine by the due date shall be liable for late payment charges established by resolution of the City Council. Unless a different rate is established by resolution or required by law, unpaid administrative fines and late charges shall accrue interest at the rate of 10 percent per year from the date due until paid.
§7.02 Collection of Fines and Costs. The City may collect any past due administrative fine, late charge, interest, or collection cost by any lawful means, including but not limited to invoice, civil action, collection agency, recordation or enforcement as a judgment where authorized by law, lien or special assessment where authorized by law, or any other lawful collection remedy. The City may recover its reasonable collection costs. Special assessment liens against real property may be applied only when the administrative citation fine was issued for a violation directly connected to the property and only after any notice and hearing required by law.

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§7.03 Judicial Review. Any person aggrieved by a final administrative decision of the Hearing Officer on an administrative citation may obtain judicial review by filing an appeal in accordance with Government Code section 53069.4, as it may be amended, or any successor statute. The appeal must be filed within the time required by that statute. If no timely appeal is filed, the Hearing Officer's decision shall be deemed confirmed.
§7.04 Refund After Successful Judicial Review. If a court finds in favor of the person contesting the administrative citation, the City shall refund any fine or penalty deposited or paid in accordance with the court's judgment and applicable law.
§7.05 Notices. Whenever a notice, citation, decision, report, or other document is required to be given or provided under this Ordinance, unless a different method is specifically required, such notice may be given by personal delivery, by first-class mail, by certified mail, by posting at the property or location involved, by electronic means where authorized by law or consented to by the recipient, or by any other method reasonably calculated to provide notice. §7.06 Proof of Service. Proof of service may be made by certificate, declaration, affidavit, proof of mailing, or other written record showing service in conformity with this Ordinance or other applicable law.
§7.07 Failure to Receive Notice. Failure of a person to receive any notice, citation, decision, report, or other document served in accordance with this Ordinance does not affect the validity of the proceedings conducted under this Ordinance.

ARTICLE 8: SEVERABILITY
§8.01 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

ARTICLE 9: CALIFORNIA ENVIRONMENTAL QUALITY ACT
§9.01 CEQA Exemption. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to the common sense exemption in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance establishes local administrative enforcement procedures and does not approve any physical development or activity that may result in a direct or reasonably foreseeable indirect physical change in the environment.

ARTICLE 10: EFFECTIVE DATE
§10.01 Effective Date. This Ordinance shall take effect 30 days after its adoption.

ARTICLE 11: POSTING REQUIREMENT
§11.01 Publication or Posting. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published or posted in the manner required by law.

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ARTICLE 12: ENACTING DATE AND SIGNATURES
§12.01 Certification. The foregoing Ordinance second reading at a regular meeting of the City Council of the City of Ferndale held on October 21, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________________
Mayor
ATTEST:
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City Clerk
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Meeting Date: October 21, 2026 Agenda Item Number 12.c
Agenda Item Title Second Reading of Ordinance No. 2026-05 Repealing Ordinance No. 05-06 and Adopting Updated Animal Control Regulations, by title only
Presented By: City Manager and/or Police Chief
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
RECOMMENDATION:

Approve the second reading of the proposed Animal Control Ordinance No. 2026-05 repealing Ordinance No. 05-06 and adopting updated animal control regulations, waive further reading, and read the Ordinance by title only.

BACKGROUND
The city currently regulates animal control under Ordinance No. 05-06, which was adopted in 2005 and subsequently amended. The existing ordinance regulates matters including dog licensing, dogs running at large, impoundment, rabies vaccination, loose livestock, sanitation, humane care, and enforcement.

Because Ordinance No. 05-06 is now more than twenty years old, the ordinance has been reviewed and updated to better reflect current California law and current City operations. The proposed ordinance repeals Ordinance No. 05-06 and replaces it with a comprehensive animalcontrol ordinance addressing the issues most commonly encountered by the City, including animals at large, dog licensing, bites and rabies control, nuisance animals, barking dogs, animal waste, cruelty and neglect, tethering, animals left in vehicles, impoundment, dangerous and vicious dogs, and cost recovery.

The proposed ordinance is intended to provide a practical local framework while remaining complementary to State animal-control and animal-welfare laws. The first reading of Ordinance No. 2026-05 Repealing Ordinance No. 05-06 and Adopting Updated Animal Control Regulation was unanimously approved by the Council at the September 16th City Council Meeting.

DISCUSSION
The proposed ordinance retains the City's basic animal-control regulations while updating both substantive requirements and enforcement procedures.

The principal provisions include:
• Administration and enforcement. The Chief of Police is designated as the City's Animal Control Officer and may act through authorized designees. Animal-control complaints are generally routed through the Police Department. The ordinance also October 21, 2026
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clarifies that nothing in the ordinance grants peace-officer powers or authorizes entry onto private property beyond what is otherwise permitted by law. • Animal owner responsibilities and nuisances. Owners and custodians must provide adequate care and may not unlawfully abuse, neglect, or abandon animals. The ordinance also regulates animal waste, nuisance animals, dogs in heat, and barking or other unreasonable animal noise.
• Dog licensing, rabies vaccination, and restraint. Dogs over four months old must be licensed and have a current rabies vaccination unless exempt by law. License terms and fees may be established by City Council resolution. Dogs may not run at large and, when off the owner's premises, must generally be under effective control. The ordinance establishes a maximum leash length of six feet.
• Bites and rabies control. Animal bites must be reported, and animals that have bitten a person or are suspected of rabies may be quarantined or otherwise handled in coordination with the County Health Officer and other officials having authority under State law.
• Impoundment and disposition. The ordinance updates the City's impoundment procedures to conform to applicable State-law requirements governing notice, holding periods, microchip scanning, owner contact, rescue-release requirements, redemption, and disposition. This replaces the more rigid procedures contained in the existing ordinance and allows the city to use a shelter, rescue, veterinarian, kennel, or other responsible provider rather than requiring the city to maintain its own shelter facility. • Potentially dangerous, vicious, and nuisance animals. The ordinance establishes an administrative hearing procedure for potentially dangerous and vicious dogs consistent with the Food and Agricultural Code and provides a similar process for nuisance animals.

Following notice and hearing, the Hearing Officer may impose reasonable conditions needed to protect people, animals, property, and the community. • Livestock and other animals. The ordinance continues to prohibit livestock from running at large but does not attempt to create a comprehensive animal-keeping or zoning code. Other animal-keeping activities remain subject to applicable zoning, nuisance, public health, building, fire, environmental, and State-law requirements. • Enforcement and cost recovery. Violations may be addressed through administrative citations under the City's Administrative Citation Ordinance, infractions, and, where authorized, misdemeanor prosecution for serious, repeated, willful, dangerous, or continuing violations. The ordinance also authorizes recovery of reasonable animalcontrol and enforcement costs to the extent permitted by law.

The ordinance is intended to provide City staff with updated and flexible enforcement tools while preserving discretion to select the remedy most appropriate to the circumstances. Available remedies remain cumulative and may include warnings, notices of violation, administrative citations, criminal enforcement where authorized, nuisance abatement, civil enforcement, impoundment, and cost recovery.

FINANCIAL IMPACT
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Adoption of the ordinance does not itself appropriate City funds. Actual costs will depend on the level of animal-control activity and the City's use of impoundment, shelter, veterinary, hearing, and related services.

The ordinance authorizes the City Council to establish dog-license, impoundment, redemption, and other applicable fees and charges by resolution and permits recovery of qualifying enforcement and animal-care costs to the extent authorized by law. The first reading of Ordinance No. 2026-05 Repealing Ordinance No. 05-06 and Adopting Updated Animal Control Regulation was unanimously approved by the Council at the September 16th City Council Meeting.

ENVIRONMENTAL REVIEW
The proposed ordinance is exempt from the California Environmental Quality Act pursuant to the common-sense exemption in CEQA Guidelines section 15061(b)(3), because it establishes local animal-control regulations and enforcement procedures and does not approve physical development or other activity that may result in a direct or reasonably foreseeable indirect physical change in the environment.

ATTACHMENT

1. Proposed Ordinance No. 2026-05 – An Ordinance of the City Council of the City of Ferndale Repealing Ordinance No. 05-06 and Adopting Updated Animal Control Regulations
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ORDINANCE NO. 2026-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE REPEALING ORDINANCE NO. 05-06 AND ADOPTING UPDATED ANIMAL

CONTROL REGULATIONS

RECITALS
WHEREAS, the City of Ferndale previously adopted Ordinance No. 05-06 regulating animals, licensing dogs, and repealing Ordinance No. 299; WHEREAS, the City Council desires to modernize the City's animal control regulations to reflect current California law, current City operations, and the public health, safety, and welfare needs of the community;
WHEREAS, the City Council desires to retain a focused and practical animal control ordinance addressing the most common local issues, including animals at large, dog licensing, bites and rabies control, nuisance animals, barking dogs, animal waste, cruelty and neglect, tethering, animals left in vehicles, impoundment, and cost recovery; WHEREAS, the City Council desires to designate the Chief of Police as the City's Animal Control Officer, with authority to act through designees as provided in this Ordinance; WHEREAS, the City Council desires that animal control hearings under this Ordinance be conducted by the City Manager or the City Manager's designee; WHEREAS, the City Council intends that the remedies provided by this Ordinance be cumulative and in addition to all remedies available under state law, local ordinance, and equity; and
WHEREAS, the City Council finds that adoption of this Ordinance is necessary and appropriate to protect the public health, safety, welfare, property, and peaceful enjoyment of the community, while also promoting humane treatment of animals.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FERNDALE DOES ORDAIN AS FOLLOWS:

ARTICLE 1: SHORT TITLE, PURPOSE, SCOPE AND REPLACEMENT
§1.01 Short Title. This Ordinance shall be known and may be cited as the City of Ferndale Animal Control Ordinance.
§1.02 Purpose. The purpose of this Ordinance is to protect the public health, safety, welfare, property, and peaceful enjoyment of the community; to promote responsible animal ownership; to provide for the humane care and treatment of animals; to regulate dogs and other animals running at large; to provide for dog licensing and rabies control; to authorize appropriate impoundment and disposition of animals consistent with state law; and to provide fair and effective enforcement procedures.
§1.03 Scope. This Ordinance applies to all animals within the corporate limits of the City of Ferndale, except as otherwise provided by state or federal law. §1.04 Relationship to State and Federal Law. This Ordinance is intended to be cumulative of and complementary to applicable state and federal law. Nothing in this Ordinance shall be construed to authorize conduct prohibited by state or federal law, to limit any authority granted by October 21, 2026
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state or federal law, or to expand any right to injure, kill, seize, impound, euthanize, transfer, adopt, sell, or otherwise dispose of an animal beyond what is authorized by applicable law. §1.05 Cumulative Remedies. The remedies provided in this Ordinance are cumulative and not exclusive. The City may enforce this Ordinance by warning, notice of violation, administrative citation, infraction, misdemeanor prosecution where authorized by law, nuisance abatement, civil action, impoundment, cost recovery, or any other lawful remedy. §1.06 Repeal and Replacement. Ordinance No. 05-06 is hereby repealed in its entirety. Any other ordinance or portion of any ordinance inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency. This repeal shall not affect any enforcement action, proceeding, right, obligation, liability, or penalty accrued or incurred before the effective date of this Ordinance.

ARTICLE 2: DEFINITIONS
§2.01 Definitions. For purposes of this Ordinance, the following definitions shall apply unless the context clearly requires otherwise:

Adequate care means the provision of sufficient food, clean water, shelter, sanitation, exercise, and veterinary care when needed to prevent suffering, disease, or impairment of health, consistent with the species, age, size, and condition of the animal.

Animal means any non-human living creature, domestic or wild.

Animal Control Officer means the Chief of Police of the City of Ferndale, or the Chief of Police’s designee, including any peace officer, City employee, contractor, shelter representative, or other person designated by the City to perform animal control functions to the extent authorized by law, contract, or City designation. Nothing in this Ordinance grants peace officer powers to any person who does not otherwise possess such powers under state law. Nothing in this Ordinance authorizes any person to use the title “certified animal control officer” unless the person holds a valid certification under applicable state law.

At large means off the premises of the owner or custodian and not under restraint by a leash, chain, enclosure, vehicle, or other effective means of control by a responsible person.

Bite means any seizure, contact, or wound caused by the teeth of an animal upon a person or another animal, whether or not the skin is broken.

Custodian means any person who has charge, care, custody, control, possession, or supervision of an animal, whether temporarily or permanently.

Dog means any member of the canine species, including male, female, altered, and unaltered dogs.

Hearing Officer means the City Manager or the City Manager's designee. The Hearing Officer may be an outside neutral hearing officer if designated by the City Manager.

Impoundment means the taking up, seizure, custody, confinement, or transfer of an animal by or at the direction of the Animal Control Officer, peace officer, or other authorized representative of the city.

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Leash means a rope, cord, chain, strap, or similar device used to restrain and control an animal.

Nuisance animal means any animal that substantially interferes with the rights of persons other than its owner or custodian to the enjoyment of life or property, or that creates a risk to public health, safety, welfare, property, or the peaceful enjoyment of the community.

Owner means any person who owns, keeps, possesses, harbors, controls, has an interest in, or has custody of an animal. A person who feeds or cares for an animal for 14 or more consecutive days may be presumed to be an owner or custodian for purposes of this Ordinance.

Potentially dangerous dog means a dog that meets the definition of a potentially dangerous dog under California Food and Agricultural Code section 31602, as it may be amended, or any successor statute.

Restraint means physical control of an animal by leash, enclosure, vehicle, or other effective means sufficient to prevent the animal from running at large, threatening persons or animals, damaging property, or creating a nuisance.

Shelter means a facility, rescue, veterinary hospital, kennel, or other place approved or used by the city for the temporary custody, care, impoundment, quarantine, or disposition of animals.

Vicious dog means a dog that meets the definition of a vicious dog under California Food and Agricultural Code section 31603, as it may be amended, or any successor statute.

ARTICLE 3: ADMINISTRATION AND ENFORCEMENT
§3.01 Animal Control Officer. The Chief of Police is designated as the Animal Control Officer for the City. The Chief of Police may designate peace officers, City personnel, contractors, shelter representatives, or other qualified persons to perform animal control functions under this Ordinance.
§3.02 Police Department Intake. Animal control calls and complaints shall be received by or routed through the Police Department, unless the City Manager or Chief of Police establishes a different intake procedure.
§3.03 Authority. The Animal Control Officer and peace officers of the City are authorized to administer and enforce this Ordinance and applicable state laws relating to animal control, animal welfare, dog licensing, rabies control, nuisance abatement, impoundment, and the protection of persons, animals, and property.
§3.04 Interference with Enforcement. No person shall resist, obstruct, delay, threaten, intimidate, or interfere with the Animal Control Officer, any peace officer, or any authorized representative of the City in the performance of duties under this Ordinance or applicable law. No person shall conceal, remove, transfer, or release an animal for the purpose of preventing enforcement of this Ordinance or any lawful order issued under this Ordinance. §3.05 Records. The City may maintain records of licenses, impoundments, bites, quarantine orders, notices, citations, costs, hearings, determinations, and other animal control activity.

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Records shall be maintained in accordance with applicable law and City record-retention practices.

Records required or maintained for dog licensing, rabies vaccination, owner contact information, and related animal-control purposes shall be maintained in accordance with applicable law.

Information obtained from a dog owner for purposes of dog licensing or rabies compliance shall be treated as confidential to the extent required by Health and Safety Code section 121690, as it may be amended, and shall not be used, distributed, or released except as authorized by law. §3.06 Entry and Inspection. Nothing in this Ordinance authorizes any City officer, employee, contractor, or representative to enter any dwelling, enclosed structure, or area protected by law except with consent, pursuant to a warrant or inspection warrant, under exigent circumstances, or as otherwise authorized by law.

ARTICLE 4: DUTIES OF ANIMAL OWNERS
§4.01 Adequate Care Required. Every owner or custodian shall provide each animal with adequate care, including sufficient food, clean water, shelter, sanitation, exercise, and veterinary care when needed to prevent suffering, disease, or impairment of health. No owner or custodian shall keep an animal in foul, offensive, filthy, unsafe, unsanitary, overcrowded, or inhumane conditions.
§4.02 Cruelty, Neglect, and Abandonment Prohibited. No person shall unlawfully or without legal justification cruelly treat, torment, overload, overwork, beat, mutilate, injure, poison, abandon, or otherwise abuse or neglect any animal. This section is intended to supplement, and not limit, applicable state animal-cruelty and neglect laws, including the Penal Code. §4.03 Sanitation and Animal Waste

4.03.1 An owner or custodian shall promptly remove and properly dispose of feces deposited by the owner's or custodian's animal on any public property, public right-of-way, park, sidewalk, street, or private property not owned or lawfully occupied by the owner or custodian.

4.03.2 No owner or occupant of property shall allow animal waste, manure, bedding, feed, or related materials to accumulate in a manner that creates offensive odors, attracts flies, rodents, or other vectors, causes unsanitary conditions, or otherwise constitutes a nuisance.

4.03.3 This section does not authorize any person to enter private property without permission or legal authority.
§4.04 Nuisance Animals. No owner or custodian shall keep, maintain, permit, or allow any animal to become a nuisance animal. A nuisance may include, but is not limited to, repeated or unreasonable noise, barking, howling, crowing, or other animal sounds; repeated running at large; damage to property; chasing, harassing, threatening, or intimidating persons or animals; offensive odors; unsanitary conditions; or any condition that endangers public health, safety, welfare, or peaceful enjoyment of property.
§4.05 Female Dogs in Estrus. No owner or custodian of an unspayed female dog in estrus, commonly referred to as being “in heat,” shall permit the dog to run at large or remain unattended while off the owner’s or custodian’s premises. The owner or custodian shall keep such dog confined to the owner’s or custodian’s premises or otherwise under secure restraint so as to prevent the dog from attracting other animals, creating a nuisance, or creating a risk to public health, safety, welfare, persons, animals, or property.
§4.06 Barking Dogs. No owner or custodian shall permit any dog to bark, howl, cry, whine, or make other noise in a repeated, continuous, excessive, or untimely manner that unreasonably disturbs the peace, quiet, comfort, or repose of persons in the vicinity. In determining whether a October 21, 2026
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violation exists, the City may consider the duration, frequency, time of day, nature of the neighborhood, number of complaints, prior warnings, and whether the owner or custodian has taken reasonable corrective action.
§4.07 Correction Orders. When appropriate, the Animal Control Officer may issue a written correction order requiring an owner, custodian, or property occupant to abate a violation or nuisance within a reasonable time. The City is not required to issue a correction order before issuing a citation or taking other enforcement action when immediate action is necessary or appropriate to protect public health, safety, welfare, animals, or property, or when the violation is repeated or willful.

ARTICLE 5: DOGS: LICENSING, RESTRAINT, AND AT-LARGE PROVISIONS §5.01 Dog License Required. Every person owning, keeping, harboring, or having custody of any dog over four months of age within the City shall obtain and maintain a City dog license for the dog, unless exempt under this Ordinance or applicable law. The license shall be obtained within 30 days after the dog reaches four months of age, within 30 days after the dog is acquired, or within 30 days after the dog is brought into the City, whichever occurs first. The license term shall be established by resolution of the City Council, provided that no license shall extend beyond the period authorized by applicable state law or beyond the remaining period of validity for the dog’s current rabies vaccination.
§5.02 Rabies Vaccination Required. No license shall be issued for any dog unless the applicant provides satisfactory proof that the dog has a current rabies vaccination or is exempt from vaccination under applicable state law. No person shall own or harbor a dog in violation of applicable state rabies vaccination requirements.
§5.03 Tags and Records. Upon issuance of a dog license, the City shall issue a license tag or other approved identification. The tag shall be affixed to the dog's collar, harness, or other device and worn by the dog when off the owner's premises. No person shall attach a license tag to any dog other than the dog for which the license was issued, remove a current license tag without authorization, or counterfeit, alter, or misuse a license tag. §5.04 Fees. Dog license fees, duplicate tag fees, impound fees, redemption fees, and other fees and charges under this Ordinance shall be established by resolution of the City Council and may be amended from time to time.
§5.05 Assistance Dogs and Governmental Dogs. No license fee shall be charged for a dog where a fee waiver is required by state or federal law, including qualified guide, signal, or service dogs.

Dogs owned by or in the custody of a governmental law enforcement agency and used in official law enforcement duties are exempt from license fees.
§5.06 Nonresident Exception. The dog licensing requirement does not apply to a dog owned by or in the custody of a nonresident who is temporarily within the City for no more than 30 days, provided the dog is kept under restraint and is not permitted to run at large. §5.07 Dogs at Large Prohibited. No owner or custodian shall permit a dog to be at large. A dog off the owner's premises shall be under restraint by leash or other effective means and under the control of a responsible person, unless an exception applies under state law or the dog is lawfully engaged in police, rescue, herding, training, exhibition, or similar activity with the permission of the property owner or operator and under effective control.

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§5.08 Leash Requirement. A dog shall be kept on a leash when off the premises of its owner or custodian unless the dog is otherwise lawfully and effectively restrained or controlled. The leash shall not exceed six (6) feet in length.
§5.09 Dogs Under Four Months. All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner, keeper, harborer, or custodian, consistent with applicable state law.

ARTICLE 6: BITES AND RABIES CONTROL
§6.01 Duty to Report Bites. Any person who owns, keeps, harbors, possesses, controls, or has custody of an animal that bites a person shall promptly report the bite to the Police Department, Animal Control Officer, or County Health Officer. Any person who is bitten by an animal, or the parent or guardian of a minor who is bitten by an animal, should promptly report the bite to the Police Department, Animal Control Officer, or County Health Officer. §6.02 Quarantine and Health Officer Coordination. Any animal that has bitten a person or is suspected of having rabies shall be quarantined, isolated, examined, released, or disposed of as directed by the County Health Officer, Animal Control Officer, or other official with authority under applicable law. Quarantine may occur at the owner's premises, a veterinary hospital, kennel, shelter, or other approved facility if permitted by the County Health Officer or other authorized official.
§6.03 Owner Responsibility for Costs. The owner or custodian of an animal subject to quarantine, isolation, examination, impoundment, transport, veterinary care, boarding, testing, or other action under this Article is responsible for all associated costs, to the extent permitted by law.
§6.04 Interference with Quarantine. No person shall remove, release, conceal, transfer, sell, give away, destroy, or otherwise interfere with any animal subject to quarantine, isolation, impoundment, or order under this Article without written authorization from the Animal Control Officer, County Health Officer, or other official with authority under applicable law.

ARTICLE 7: TETHERING AND ANIMALS IN VEHICLES
§7.01 Tethering. No person shall tether, fasten, chain, tie, or restrain a dog in violation of California Health and Safety Code section 122335, as it may be amended, or any successor statute.

The city may enforce this section locally by administrative citation or other lawful remedy, in addition to any enforcement authorized by state law.
§7.02 Animals in Vehicles. No person shall leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of the animal due to heat, cold, lack of ventilation, lack of food or water, or other circumstances, in violation of California Penal Code section 597.7, as it may be amended, or any successor statute. The Animal Control Officer, peace officers, firefighters, and other officials authorized by law may take actions authorized by state law to rescue, remove, care for, impound, or arrange treatment for the animal. The owner or person responsible for the animal shall be liable for costs to the extent permitted by law.

ARTICLE 8: IMPOUNDMENT, REDEMPTION, AND DISPOSITION
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§8.01 Authority to Impound. The Animal Control Officer or any peace officer may impound, or cause to be impounded, any animal when authorized by this Ordinance or applicable law. Grounds for impoundment include, but are not limited to:

8.01.1 The animal is at large;

8.01.2 The animal is unlicensed or lacks required identification, where applicable;

8.01.3 The animal has bitten a person or is suspected of having rabies;

8.01.4 The animal is injured, sick, starving, neglected, abandoned, or otherwise in need of immediate care;

8.01.5 The animal poses an immediate threat to public health, safety, welfare, property, persons, or other animals;

8.01.6 The animal is reasonably believed to be potentially dangerous, vicious, or a nuisance animal;

8.01.7 The owner or custodian consents to impoundment;

8.01.8 Impoundment is necessary to enforce this Ordinance, a lawful order, or applicable state law.
§8.02 Notice to Owner. When an impounded animal has a known owner or reasonably ascertainable owner, the City or shelter shall make reasonable efforts to notify the owner of the impoundment, the location of the animal, the reason for impoundment, the procedure for redemption, and applicable fees and charges. No dog impounded pursuant to state law shall be killed or otherwise disposed of without notice to the owner if the owner is known, as required by Food and Agricultural Code section 31107, as it may be amended. §8.03 Microchip Scanning and Release Requirements. During any required holding period and before adoption, transfer, euthanasia, or other disposition of an impounded dog, the City or shelter shall comply with applicable microchip scanning, owner-contact, recordkeeping, and release requirements, including Food and Agricultural Code sections 31108 and 31108.3, as they may be amended. If the City uses a shelter, rescue, veterinary facility, or other designee, the City may require that designee to perform these functions consistent with applicable law. §8.04 Holding Periods. Impounded dogs and other animals shall be held for the period required by applicable state law. Except for redemption or release to the owner or other person lawfully entitled to custody, no provision of this Ordinance shall be construed to authorize euthanasia, adoption, transfer, sale, or other final disposition before expiration of any applicable holding period or before completion of any required notice, scanning, owner-contact, or rescue-release procedure.
§8.05 Redemption. The owner or person entitled to custody of an impounded animal may redeem the animal before lawful disposition by providing satisfactory proof of ownership and paying all applicable license fees, impound fees, boarding fees, veterinary expenses, transport costs, microchipping costs, administrative costs, and other charges authorized by law or City Council resolution. The city may require proof of current rabies vaccination and compliance with microchipping requirements before release where required or authorized by law. §8.06 Care of Impounded Animals. Impounded animals shall be provided reasonable and humane care, including suitable food, water, shelter, and veterinary care when needed. The city may transfer an impounded animal to a shelter, rescue, veterinarian, kennel, or other responsible caretaker for care, quarantine, redemption, adoption, transfer, or other lawful disposition.

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§8.07 Disposition. Disposition of impounded animals shall occur only as authorized by applicable state law and this Ordinance. Before euthanasia of a stray dog, the City or shelter shall comply with applicable rescue-release requirements under Food and Agricultural Code section 31108, as it may be amended. Nothing in this Ordinance requires the city to maintain its own shelter facility. §8.08 Injured Animals. At the discretion of the Animal Control Officer or any peace officer, an injured, sick, suffering, or endangered animal found in a public place or otherwise subject to lawful control may be taken to a veterinarian or other appropriate facility for treatment. The owner or custodian shall be responsible for costs to the extent permitted by law.

ARTICLE 9: POTENTIALLY DANGEROUS, VICIOUS, AND NUISANCE ANIMALS §9.01 Administrative Hearing Procedure Established. Pursuant to Food and Agricultural Code section 31621, the City establishes an administrative hearing procedure to hear and dispose of petitions or notices seeking a determination that a dog is potentially dangerous or vicious. The Hearing Officer shall serve as the City’s hearing entity for such proceedings. Nothing in this Article precludes the city from petitioning the Superior Court directly where authorized by law or where the city determines that court proceedings are appropriate. §9.02 Investigation. The Animal Control Officer may investigate any complaint, report, or incident involving an animal alleged to be potentially dangerous, vicious, or a nuisance animal.

The investigation may include review of witness statements, photographs, videos, veterinary records, bite reports, prior warnings, prior citations, prior impoundments, and any other relevant information.
§9.03 Probable Cause and Petition or Notice of Hearing. If, after investigation, the Animal Control Officer determines that probable cause exists to believe that a dog should be declared potentially dangerous or vicious, the Animal Control Officer may issue or cause to be issued a petition and notice of hearing before the Hearing Officer pursuant to this Article and Food and Agricultural Code section 31621. If, after investigation, the Animal Control Officer determines that probable cause exists to believe that an animal should be declared a nuisance animal, the Animal Control Officer may issue or cause to be issued a notice of hearing before the Hearing Officer pursuant to this Article. Whenever possible, any complaint from a member of the public serving as the evidentiary basis for probable cause shall be sworn to or verified by the complainant and attached to or summarized in the petition or notice. §9.04 Immediate Impoundment or Interim Conditions. If the Animal Control Officer or a peace officer determines that an animal poses an immediate threat to public health, safety, welfare, persons, animals, or property, the animal may be immediately impounded pending hearing or further order. If public safety can be adequately protected without impoundment, the Animal Control Officer may impose interim conditions, including confinement, leash, muzzle, secure enclosure, quarantine, removal from public areas, veterinary evaluation, or other reasonable measures pending hearing. The owner or custodian shall comply with all interim conditions pending the hearing and final determination.
§9.05 Notice of Hearing. The owner or custodian shall be given written notice of the hearing. The notice shall identify the animal, state the basis for the proposed designation, describe the potential consequences, state the date, time, and place of the hearing, and advise the owner or custodian of the opportunity to appear, present evidence, and respond to the evidence supporting the proposed October 21, 2026
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designation. For a potentially dangerous or vicious dog determination governed by Food and Agricultural Code section 31621, notice shall be served personally or by first-class mail with return receipt requested, and the hearing shall be held promptly within no fewer than five working days and no more than ten working days after service of notice, unless a different time is authorized or required by applicable law. For nuisance animal determinations not governed by Food and Agricultural Code section 31621, notice may be served personally, by mail, by posting at the property where the animal is kept, or by any other method reasonably calculated to provide actual notice, and the hearing shall be held within a reasonable time. §9.06 Hearing Procedure. The Hearing Officer shall conduct the hearing in an informal manner consistent with due process. The Hearing Officer may admit and consider all relevant evidence, including incident reports, photographs, videos, veterinary records, bite reports, prior citations, prior warnings, affidavits, declarations, witness statements, and testimony. Strict rules of evidence shall not apply. The owner or custodian may appear, present evidence, call witnesses, and respond to the evidence supporting the proposed designation. The Animal Control Officer or other City representative may present evidence in support of the proposed designation. Failure of the owner or custodian to appear after proper notice shall not prevent the Hearing Officer from proceeding and issuing a determination.
§9.07 Standard of Proof. The Hearing Officer shall determine whether the animal is potentially dangerous, vicious, or a nuisance animal based upon a preponderance of the evidence, unless a different standard is required by applicable law.
§9.08 Determination and Conditions. After the hearing, the Hearing Officer shall issue a written determination. If the animal is determined to be potentially dangerous, vicious, or a nuisance animal, the Hearing Officer may impose reasonable conditions necessary to protect public health, safety, welfare, persons, animals, property, and peaceful enjoyment of the community, including but not limited to:

9.08.1 Confinement indoors or in a secure enclosure;

9.08.2 Leash and muzzle requirements when off the premises;

9.08.3 Repair or installation of fencing, gates, locks, or other containment measures;

9.08.4 Posting of warning signs;

9.08.5 Microchipping, licensing, vaccination, or photographic identification;

9.08.6 Spaying or neutering where authorized by law;

9.08.7 Training, behavior evaluation, or veterinary evaluation;

9.08.8 Restrictions on location, transfer, sale, removal from the City, or change of ownership;

9.08.9 Insurance or proof of financial responsibility where authorized by law;

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9.08.11 Any other condition reasonably necessary to abate the nuisance or protect public health, safety, welfare, persons, animals, or property. §9.09 Compliance. The owner or custodian shall comply with the Hearing Officer’s determination and conditions within the time specified in the determination. Unless a shorter time is necessary for public safety or a different time is required by law, the compliance period shall not exceed 30 days. Failure to comply is a separate violation and may result in administrative citation, impoundment, cost recovery, misdemeanor or infraction prosecution where authorized, or any other lawful enforcement.
§9.10 Limitations. No animal shall be declared potentially dangerous, vicious, or a nuisance animal based solely on conduct occurring when the person injured, threatened, or placed at risk was committing a willful trespass, committing or attempting to commit a crime, teasing, tormenting, abusing, or assaulting the animal, or when the animal was protecting or defending a person from an unjustified attack, unless applying this limitation would be inconsistent with applicable state law. No dog shall be declared potentially dangerous, vicious, or a nuisance animal based solely on breed.
§9.11 Appeal and Judicial Review. Appeals or judicial review of determinations involving potentially dangerous or vicious dogs shall be governed by applicable state law, including Food and Agricultural Code section 31622, as it may be amended, and any other applicable statute. For determinations not governed by a specific state-law appeal procedure, the Hearing Officer’s determination shall be final for the City, subject to judicial review under applicable law. §9.12 Destruction or Euthanasia. No animal shall be destroyed or euthanized under this Article except as authorized by state law, following any required notice and hearing, or in an emergency where immediate action is authorized by law to protect public health, safety, welfare, persons, animals, or to prevent animal suffering.

ARTICLE 10: LIVESTOCK AND OTHER ANIMALS
§10.01 Loose Livestock. No owner or custodian shall permit livestock, including but not limited to cattle, horses, mules, burros, sheep, goats, swine, or poultry, to run at large or stray within the City. Loose livestock may be impounded or otherwise addressed as authorized by this Ordinance and applicable law.
§10.02 Protection of Livestock and Poultry. Nothing in this Ordinance shall be construed to expand or limit any right, defense, or immunity provided by state law regarding dogs worrying, wounding, chasing, or killing livestock or poultry, including Food and Agricultural Code sections 31102, 31103, 31104, 31152, and 31153, as they may be amended. §10.03 Other Animal-Keeping Regulations. This Ordinance does not create a comprehensive animal-keeping or zoning code. The keeping of animals remains subject to all applicable zoning, nuisance, public health, building, fire, environmental, and state-law requirements.

ARTICLE 11: VIOLATIONS, PENALTIES, ADMINISTRATIVE CITATIONS, AND

COST RECOVERY
§11.01 Administrative Citations. Violations of this Ordinance may be enforced by administrative citation pursuant to the City's Administrative Citation Ordinance, as it may be adopted or amended October 21, 2026
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from time to time. Until such ordinance is adopted, the city may enforce this Ordinance through any other lawful remedy available to the city.
§11.02 Infractions and Misdemeanors. Unless a different penalty is required by state law, violations of this Ordinance may be enforced by administrative citation under the City’s Administrative Citation Ordinance or may be charged as infractions. Successive, repeated, willful, serious, dangerous, or continuing violations may be charged as misdemeanors where authorized by law, including violations that threaten public health or safety, involve cruelty or neglect, involve interference with enforcement, involve failure to comply with an order, or continue after notice.

The City Attorney retains prosecutorial discretion to charge violations consistent with applicable law.
§11.03 Separate Violations. Each animal involved in a violation, each day a violation exists, and each failure to comply with a lawful order may constitute a separate and distinct violation. §11.04 Cost Recovery. The City may recover all costs reasonably incurred to enforce this Ordinance or applicable animal-control law, including but not limited to impound fees, transport costs, boarding costs, veterinary expenses, vaccination costs, microchipping costs, shelter costs, abatement costs, administrative costs, hearing costs, staff time, attorneys' fees where authorized by law, and collection costs. Costs may be recovered following notice and an opportunity to be heard before the City Council, through any administrative process authorized by ordinance, by civil action, by lien or special assessment where authorized by law, or by any other lawful means. §11.05 No Limitation on State Law. Nothing in this Ordinance limits the authority of the City, any peace officer, the County Health Officer, humane officers, prosecutors, or other officials to enforce state animal-control, animal-welfare, rabies-control, public-nuisance, or criminal laws.

ARTICLE 12: SEVERABILITY
§12.01 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

ARTICLE 13: CALIFORNIA ENVIRONMENTAL QUALITY ACT
§13.01 CEQA Exemption. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to the common sense exemption in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance establishes local animal control regulations and enforcement procedures and does not approve any physical development or activity that may result in a direct or reasonably foreseeable indirect physical change in the environment.

ARTICLE 14: EFFECTIVE DATE
§14.01 Effective Date. This Ordinance shall take effect 30 days after its adoption.

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ARTICLE 15: POSTING REQUIREMENT
§15.01 Publication or Posting. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published or posted in the manner required by law.

ARTICLE 16: ENACTING DATE AND SIGNATURES
§16.01 Certification. The foregoing Ordinance second reading at a regular meeting of the City Council of the City of Ferndale held on October 21, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Mayor
ATTEST: __________________________________
City Clerk
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Section 13

BUSINESS
October 21, 2026
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Meeting Date: October 21, 2026 Agenda Item Number
Agenda Item Title Approve Regional Climate Action Plan Funding Memorandum of Understanding and Funding Commitments
Presented By: City Manager
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
RECOMMENDED ACTION:

Discuss and consider approval of the Regional Climate Action Plan Memorandum of Understanding (MOU), including the associated funding commitments, and authorize the City Manager to execute the agreement on behalf of the City.

BACKGROUND AND DISCUSSION
The City of Ferndale, along with other Humboldt County jurisdictions and regional agencies, has participated in the development of the Regional Climate Action Plan (RCAP). The Ferndale City Council adopted the RCAP on September 16, 2026. The plan establishes regional goals for reducing greenhouse gas emissions and provides a framework for participating jurisdictions to coordinate implementation efforts.

The proposed Memorandum of Understanding establishes a Regional Climate Committee to oversee and coordinate implementation of the RCAP. Under the agreement, the Redwood Coast Energy Authority (RCEA) would serve as the host agency, providing administrative support and employing a Regional Climate Program Manager.

The Program Manager would assist participating jurisdictions with implementing RCAP measures, identifying and pursuing grant opportunities, coordinating regional projects, and preparing annual progress reports. The intent is to provide a coordinated regional approach that allows smaller jurisdictions, such as Ferndale, to share resources and expertise rather than independently managing all aspects of implementation.

The Regional Climate Committee would consist of the RCEA Board of Directors, which includes representation from the participating cities and County, along with appointed representatives from three regional joint powers authorities.

The MOU establishes annual financial contributions from participating jurisdictions based on population. These contributions would support the Program Manager position and associated RCAP implementation activities. RCEA has also committed approximately $145,000 annually in staff resources and incidental costs.

The proposed agreement would remain in effect through December 31, 2030, unless extended by mutual written agreement. The MOU also provides a process for amending the funding commitments through action of the Regional Climate Committee.

13.a
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FISCAL IMPACT
Under the proposed funding schedule, Ferndale's annual contribution would be $1,563.05, based on its proportionate share of the County's population.

The proposed contributions are:

Fiscal Year City Contribution
2026–2027 $1,563.05
2027–2028 $1,563.05
2028–2029 $1,563.05
2029–2030 $1,563.05
Total $6,252.20
Funding commitments are due to RCEA by December 1 of each fiscal year, beginning in the year the City joins the MOU.

ATTACHMENTS

1. Regional Climate Action Plan Memorandum of Understanding – September 18, 2026

2. Exhibit A – RCAP Funding Commitments, September 15, 2026 October 21, 2026
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MEMORANDUM OF UNDERSTANDING BETWEEN

RCAP LOCAL AGENCIES AND
PARTNER JPA’S

REGARDING ESTABLISHMENT OF THE REGIONAL CLIMATE COMMITTEE AND

CLIMATE PROGRAM MANAGER
This Memorandum of Understanding (“MOU”) is entered into and made effective as of October 21, 2026 by and among some or all of the local agencies identified below. Each of the agencies referenced below is referred to herein individually as an “Agency” and collectively as the “Agencies.” Each of the signatories to this Agreement is referred to herein as a “Party” and collectively as the “Parties”.

Municipal Jurisdictions:

City of Arcata (“Arcata”)
City of Blue Lake (“Blue Lake”)
City of Eureka (“Eureka”)
City of Ferndale (“Ferndale”)
City of Fortuna (“Fortuna”)
City of Rio Dell (“Rio Dell”)
City of Trinidad (“Trinidad”)
County of Humboldt (“County”)
Joint Powers Authorities (JPAs):

Humboldt County Association of Governments (“HCAOG”)
Humboldt County Transit Authority (“HTA”)
Humboldt Waste Management Authority (“HWMA”)
Redwood Coast Energy Authority (“RCEA”)

BACKGROUND RECITALS AND SHARED GOALS
A. The Agencies have collaborated in development of a comprehensive Regional Climate Action Plan (“RCAP”) to address greenhouse gas (“GHG”) emissions generated within the Humboldt County region. The RCAP and final environmental impact report were completed by the County and adopted by its Board of Supervisors on December 16th, 2025, and adopted by the other Municipal Jurisdictions on the following dates:

Arcata: May 6, 2026
Blue Lake:

Eureka: February 3, 2026
Ferndale: September 16, 2026
Fortuna: May 18, 2026
Rio Dell: March 17, 2026
Trinidad:

B. The RCAP establishes a regional goal to reduce GHG emissions 40 percent by 2030 in line with Statewide targets of Senate Bill 32 and provides measures and actions to achieve this goal. In addition, the RCAP establishes a longer-term regional goal of achieving carbon neutrality by 2045, consistent with the Statewide goals of Assembly Bill 1279; and quantitative efficiency thresholds for use in evaluating whether the GHG emissions of an individual plan or project would result in a potentially significant environmental impact under the California Environmental Quality Act (“CEQA”) for plans or projects with pre-2030 buildout or initial operation years (“GHG Emissions Thresholds”). The overall purpose of the RCAP and CEQA GHG Emissions Thresholds is to prepare, October 21, 2026
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adopt, and implement a qualified GHG reduction plan that may be utilized for mitigating and tracking Countywide GHG emissions as well as for streamlining CEQA GHG analyses for future projects within the Humboldt County region that are required to undergo CEQA review.

C. A cornerstone strategy of the RCAP is the establishment of a coalition between jurisdictions and key organizations to guide a regional approach to climate-related challenges through coordinated efforts.

Based on this, creation of a Regional Climate Committee (“Committee”) comprised of elected officials from each of the Municipal Jurisdictions and JPA’s to be responsible for implementing RCAP measures and actions is the first RCAP strategy to be implemented. The purpose of the Committee is to foster collaboration and coordination among the region to address climate-related challenges and implement effective climate action strategies by leveraging collective expertise, resources, and efficiencies to tackle climate change at a regional level. The Committee will support RCAP implementation through information sharing, coordination of RCAP efforts, development of joint initiatives to reduce GHG emissions, support and pursue funding, and promote sustainable development practices. Additionally, the Committee will develop and provide models, pilot programs, and template policies or ordinances that enable each jurisdiction in the region to implement uniform changes and facilitate local communities in making the necessary structural adjustments to reduce GHG emissions.

D. The RCAP also calls for the creation of a Climate Program Manager (“Manager” or “Program Manager”) to lead the coordination efforts of the Committee, and to coordinate with staff of the participating jurisdictions and agencies to undertake the work of the Committee. Under the RCAP, the Program Manager is intended to represent a larger staff need to fulfill the mission of the Committee to obtain funding to support several staff in implementing and tracking the RCAP.

Additionally, the RCAP charges the Manager with developing annual progress reports on RCAP implementation for City Councils and County Supervisors to measure progress and establish accountability in achieving RCAP emissions reduction goals.

E. RCEA has agreed to host the Committee and the Program Manager and to commit staff resources and incidental costs totaling approximately $145,000 per year.

F. This MOU seeks to establish the framework for establishing the Committee and funding the Regional Climate Program Manager. NOW THEREFORE, based on these Background Recitals and Shared Goals, the Parties enter into the following Memorandum of Understanding:

1. Purpose. The purposes of this MOU are to collaborate in the following endeavors:
i. Establishing an operational framework for the Regional Climate Committee; ii. Developing a sustainable funding mechanism for the Regional Climate Committee and the Climate Program Manager.

2. Host Agency. To facilitate the successful outcome of the RCAP, RCEA agrees to host the Climate Program Manager (“Manager”), and provide administrative support to the Regional Climate Committee (“Committee”) and advisory committees created by the Committee. The Manager shall be solely an employee or independent contractor of RCEA and no other Party to this MOU when acting in the capacity of Regional Climate Manager and shall not be entitled to any employment benefits from any other agency. The RCEA Board shall serve as the final decision maker for any RCAP grants, contracts, or other agreements where RCEA is the prime applicant or party to the contract or agreement.

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3. Regional Climate Committee. The Committee will be responsible for implementing RCAP measures and actions. The Committee structure shall be as follows:
a. Committee Membership. The RCEA Board of Directors, which includes representation from the County and each City as well Tribal nations, together with an elected official appointed from and by each of the Boards of Directors of Humboldt Waste Management Authority, Humboldt Transit Authority and Humboldt County Association of Governments shall be the acting Regional Climate Committee. Each official appointed to the Regional Climate Committee (a “Member”, or “Committee Member”) is charged with addressing climate change at a coordinated regional level to implement the RCAP.

b. Quorum. A majority of the total number of Committee Members shall constitute a quorum for conducting business.
c. Voting. Each Committee Member shall have one equal vote. Alternate representatives may only vote in the absence of the primary representative from that Agency. Completion of any action of the Committee shall require the affirmative vote of the Members present.

4. Committee Operational Rules, Bylaws. The Committee may establish by unanimous vote any additional, non-conflicting operational protocols, guidelines, or procedures as necessary to facilitate its operations (the “Bylaws”). The Committee shall function in accordance with this MOU, any Bylaws, and applicable law. Bylaws shall be amended only upon approval by a unanimous vote of the Committee.

5. Regional Climate Program Manager.
a. Sustainable Funding of Position. The Manager is a cornerstone strategy of the RCAP.

Establishing sustainable funding for the Manager shall be a priority of the Committee.

Funding will occur as direct annual financial contributions from the Municipal Jurisdictions for the term of this MOU. During the term of this MOU, the Regional Climate Committee will develop a long-term funding strategy for RCAP implementation and sustainable funding for the Manager position that may include direct annual contributions, grants, or other available sources.
b. Primary Duties. Using the RCAP as a strategic planning document the Manager will generally:
i. Plan, organize, oversee, coordinate, and manage the RCAP programs, projects, and activities including facilitating RCAP Committee activities; ii. Identify and pursue external funding opportunities; iii. Serve as administrative manager of multi-agency programs; iv. Serve as a liaison and foster cooperative working relationships with a variety of internal and external stakeholders, partners, and contracted service providers; v. Coordinate with staff of the participating jurisdictions and agencies to undertake the work directed by the Committee.
vi. Deliver annual progress reports to City Councils and the County Board of Supervisors to measure progress and establish accountability in achieving RCAP emissions reduction goals
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c. Interaction with Committee. The Manager will provide staff support to the Committee including ensuring compliance with the California Ralph M. Brown Act and other applicable laws.

6. Regional Climate Technical Advisory Committee. Each Agency may choose to designate staff to participate in a Regional Climate Technical Advisory Committee (“TAC”). The purpose of the TAC is to provide input to the Manager and Committee.

7. Shared Funding Commitments to Support RCAP Implementation and the Climate Program Manager.
a. Principles of Shared Commitment to Sustainably Fund the Regional Climate Program Manager:
i. The Regional Climate Action Plan calls for the creation of a regional Climate Program Manager position to lead and coordinate the implementation of the Regional Climate Action Plan;
ii. A Regional Climate Program Manager position would provide for regional efficiencies and cost-savings in completing the work outlined in the Regional Climate Action Plan;
iii. The successful region-wide implementation of the RCAP is a shared responsibility;
iv. Shared financial responsibility is most equitably determined using the total population of the County and the percentage residing within each Municipal Jurisdiction.
v. RCEA created a Regional Climate Program Manager position within RCEA with the understanding that Municipal Jurisdiction contributions would be required to sustainably fund the position.
b. Municipal Jurisdiction Commitments. Municipal Jurisdictions agree to contribute funds to support RCAP implementation and the Program Manager in the amounts set out in Exhibit A, Funding Commitments.
c. Funding Commitments. Proportional funding contributions by each Municipal Jurisdiction prorated by population are set out in Exhibit A, Funding Commitments.

8. Annual Budget. RCEA will separately account for direct funding contributions and will develop an annual RCAP implementation budget based on direct funding contributions for annual review and approval by the Committee. The budget shall be applied to Program Manager salary costs and direct RCAP implementation expenses, such as vendors, consultants, climate tracking software, and similar expenses. Any budgeted funds unspent at the end of a fiscal year will be carried over to following years. The Regional Climate Committee may revise the annual budget as needed.

9. MOU Term. This MOU shall terminate on December 31, 2030, unless extended by mutual written agreement of the Parties.

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10. MOU Modifications. This MOU may only be modified by a written amendment executed by the Parties. Notwithstanding the foregoing, Exhibit A, Funding Commitments may be amended by simple majority of the Regional Climate Committee. Any such amendments shall automatically replace the Funding Commitments attached to this Agreement. RCEA shall distribute the Amended Contribution Schedule to all Parties.

11. Effective Date. This MOU shall become effective on the date that it is executed by a sufficient number of Municipal Jurisdictions whose respective populations together represent at least 85% of the overall population of Humboldt County as determined by the April 1, 2020 Population Census for Humboldt County.

12. Counterpart Execution: This MOU, and any amendments hereto, may be executed in one (1) or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. This MOU, and any amendments hereto, may be signed by manual or electronic signatures in accordance with any and all applicable local, state and federal laws, regulations and standards, and such signatures shall constitute original signatures for all purposes. A signed copy of this MOUJ, and any amendments hereto, transmitted by email or by other means of electronic transmission shall have the same legal effect as delivery of an original executed copy of this MOU and any amendments hereto.

13. Authority To Execute: Each person executing this MOU represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOU. Each party represents and warrants to the other that the execution and delivery of this MOU and the performance of such party’s obligations hereunder have been duly authorized.

WITNESSETH, each Agency signing below has duly approved and adopted this Memorandum of Understanding in accordance with its respective requirements and duly authorized its execution.

City of Arcata:

By:

Title:

Date:

City of Blue Lake:

By:

Title:

Date:

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City of Eureka:

By:

Title:

Date:

City of Ferndale:

By:

Title:

Date:

City of Fortuna:

By:

Title:

Date:

City of Rio Dell:

By:

Title:

Date:

City of Trinidad:

By:

Title:

Date:

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County of Humboldt:

By:

Title:

Date:

Humboldt County Association of Governments:

By:

Title:

Date:

Humboldt County Transit Authority:

By:

Title:

Date:

Humboldt Waste Management Authority:

By:

Title:

Date:

Redwood Coast Energy Authority:

By:

Title:

Date:

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Exhibit A
Funding Commitments
This schedule of Funding Commitments identifies the individual funding commitments made by the Parties for the term of the MOU. Funding commitments for the full term of the MOU commence the year the Party joins the MOU. Fiscal Year commitments are due to RCEA no later than December 1 of each Fiscal Year.

Agency Population Percent FY 26/27 FY 27/28 FY 28/29 FY 29/30 Arcata 19,001 14.2% 21,821.84 $ $ 21,821.84 $21,821.84 21,821.84 $ Blue Lake 1,136 0.8% 1,304.65 $ $ 1,304.65 $1,304.65 1,304.65 $ Eureka 26,122 19.5% 30,000.00 $ $ 30,000.00 $30,000.00 30,000.00 $ Ferndale 1,361 1.0% 1,563.05 $ $ 1,563.05 $1,563.05 1,563.05 $ Fortuna 12,198 9.1% 14,008.88 $ $ 14,008.88 $14,008.88 14,008.88 $ Rio Dell 3,232 2.4% 3,711.81 $ $ 3,711.81 $3,711.81 3,711.81 $ Trinidad 296 0.2% 339.94 $ $ 339.94 $339.94 339.94 $
County
(Unincorporated) 70,471

52.7% 80,932.93 $ $ 80,932.93 $80,932.93 80,932.93 $
133,817 100% $153,683.10 $153,683.10 $153,683.10 153,683.10 $ October 21, 2026
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Meeting Date: October 21, 2026 Agenda Item Number 13.b
Agenda Item Title Discussion of Proposed Amendments to the Ferndale Zoning Ordinance Regarding Vacation Rental Regulations
Presented By: City Manager
Type of Item: Action X Discussion Information
Action Required: X No Action Voice Vote Roll Call Vote
RECOMMENDATION:

Review and discuss the proposed amendments to Section 7.29 of the Ferndale Zoning Ordinance, provide direction to staff regarding any additional revisions, and authorize staff to forward the proposed ordinance to the Planning Commission for consideration and recommendation.

BACKGROUND
On June 21, 2017, the City Council adopted Ordinance No. 2017-01, establishing regulations governing Vacation Rentals within the City of Ferndale. These regulations were intended to provide opportunities for short-term lodging while protecting the character of residential neighborhoods. The ordinance established a maximum of twenty-four (24) Vacation Rental Permits and included distance requirements to prevent the concentration of Vacation Rentals in residential areas.

Over time, administration of the Vacation Rental program has identified several areas where additional clarification and procedures would be beneficial. In particular, the existing regulations do not establish a minimum annual rental activity requirement, a formal waiting list process, or comprehensive procedures for annual permit renewal and administrative appeals.

The proposed Ordinance No. 2026-06 addresses these issues while maintaining the existing twenty-four-permit limitation and applicable distance regulations for traditional Vacation Rentals. The ordinance also establishes a separate category for Hosted Short-Term Rentals, recognizing the distinction between renting an entire property without a permanent resident present and renting accommodations on property occupied by a permanent resident.

PROPOSED AMENDMENTS

1. Annual Permit Renewal and Compliance
The proposed ordinance establishes an annual permit renewal date of July 1, with renewal applications required at least thirty (30) days in advance.

Permit holders would be required to demonstrate continued compliance with City business licensing requirements, Transient Occupancy Tax reporting, and minimum annual rental activity requirements.

Compliance with rental activity requirements would be evaluated using the preceding calendar year. The ordinance also establishes written notice and a thirty-day opportunity to correct deficiencies before a permit is denied renewal or revoked.

2. Minimum Annual Rental Activity Requirement
To ensure Vacation Rental Permits are being actively utilized rather than held without rental activity, the proposed ordinance requires permit holders to commence operations within sixty October 21, 2026
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(60) days of permit issuance and rent their property for a minimum of thirty (30) days per calendar year.

For newly issued permits, the first year's rental requirement would be prorated based on the number of full calendar months remaining after the sixty-day commencement period.

An exception is included for declared emergencies that materially affect a property's ability to operate as a Vacation Rental.

3. Vacation Rental Waiting List
The proposed ordinance establishes a formal waiting list for applicants when the maximum number of permits has been issued or a property does not qualify because of applicable distance restrictions.

Applicants would be placed on the waiting list in the order completed applications are received.

When a permit becomes available, it would be offered to the first eligible applicant.

Applicants would have thirty (30) calendar days to accept an available permit and provide the required information. Waiting list positions would not be transferable and would not establish a guaranteed right to a permit.

4. Hosted Short-Term Rentals
The ordinance establishes a new category of Hosted Short-Term Rentals for transient accommodations on properties occupied as the primary residence of the property owner or another permanent resident.

Eligible accommodations may include a portion of a dwelling, individual bedrooms, or legally established Secondary Dwelling Units, subject to applicable state law and original land use approvals.

Unlike traditional Vacation Rentals, Hosted Short-Term Rentals would be regulated through the City's Home Occupation Permit process and would not be subject to the twenty-four-permit limitation or applicable Vacation Rental distance restrictions.

These properties would remain subject to City business licensing, Transient Occupancy Tax requirements, and applicable regulations. A permanent resident would be required to reside on the property during guest occupancy.

5. Administrative Appeals
The proposed ordinance establishes a process allowing decisions of the City Manager regarding permit denials, renewal denials, revocations, and waiting list removals to be appealed to the City Council.

Appeals would be required to be submitted in writing within ten (10) calendar days of the City's written decision, with the City Council serving as the final decision-making body.

6. Permit Transfers
The ordinance also clarifies the requirements applicable to the transfer or conveyance of property with an existing valid Vacation Rental Permit, including the new owner's responsibility to complete the required renewal application and obtain a City business license within the specified period.

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DISCUSSION
The proposed amendments are intended to improve the administration of the Vacation Rental program, promote active use of the limited permits available, establish a transparent waiting list, and provide clearer expectations for property owners and City staff.

The Hosted Short-Term Rental provisions would provide additional lodging opportunities while maintaining the existing limitations applicable to traditional, unhosted Vacation Rentals. These provisions recognize the difference between a property operated exclusively as a short-term rental and a property where a permanent resident remains on site.

Staff is seeking Council direction regarding the proposed changes before proceeding through the formal zoning ordinance amendment process.

FISCAL IMPACT
No significant immediate fiscal impact is anticipated from the Council's discussion of the proposed ordinance. Implementation may result in additional administrative responsibilities associated with annual permit verification, waiting list management, and Hosted Short-Term Rental permitting.

The proposed Hosted Short-Term Rental category may also generate additional business license and Transient Occupancy Tax revenue; however, the amount cannot be determined at this time.

NEXT STEPS
Following Council discussion and direction, staff will incorporate any requested revisions and coordinate with the City Attorney for legal review. The proposed ordinance would then be forwarded to the Planning Commission for consideration and recommendation before returning to the City Council for formal consideration and potential adoption.

RECOMMENDED COUNCIL ACTION
Staff recommends that the City Council review the proposed Ordinance No. 2026-06, provide direction regarding any desired revisions, and authorize staff to proceed with the Planning Commission review process.

SUGGESTED MOTION:
“I move that the City Council accept the proposed amendments to the Vacation Rental Regulations in concept, subject to any revisions discussed and City Attorney review, and direct staff to forward Ordinance No. 2026-06 to the Planning Commission for consideration and recommendation prior to returning to the City Council for formal adoption proceedings.” ATTACHMENT:

1. Draft Ordinance No. 2026-06 – Amendments to Vacation Rental Regulations.

2. Zoning Ordinance 02-02 – Proposed Vacation Rental Amendments (Redlined Version).

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ORDINANCE NO. 2026-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE AMENDING FERNDALE ZONING ORDINANCE 02-02 SECTION 7.29 RELATING TO VACATION

RENTAL PERMITS
THE CITY COUNCIL OF THE CITY OF FERNDALE DOES ORDAIN AS FOLLOWS:

WHEREAS, On June 21, 2017, the City Council adopted Ordinance No. 2017-01 amending Ferndale Zoning Ordinance 02-02 establishing regulations governing Vacation Rentals within the City of Ferndale; and
WHEREAS, Ordinance No. 2017-01 established Vacation Rental Regulations and Permitting intended to provide limited transient lodging opportunities while preserving the character of the City's residential neighborhoods; and
WHEREAS, The City Council has determined that administrative clarification of Vacation Rental Permits is necessary to establish objective standards for annual renewal, continued permit activity, permit availability, and waiting list administration; and WHEREAS, the City Council desires to preserve the existing maximum number of twenty-four (24) Vacation Rental Permits and applicable distance regulations while establishing a separate permitting process for Hosted Short-Term Rentals, allowing additional transient lodging opportunities in owneroccupied or permanently occupied residential properties, subject to applicable zoning, licensing, and operational requirements; and
WHEREAS, The City Council finds that these amendments promote the orderly administration of the City's Vacation Rental Regulations and protect the public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ferndale as follows:

SECTION 1.

Section 7.29.2 (c) is hereby amended to add a new definition to read as follows:
(c) Hosted Short-Term Rental - A dwelling, portion of a dwelling, bedroom, or legally established Secondary Dwelling Unit, as defined in Article 3 of this Zoning Ordinance, that is rented for transient occupancy for a period of less than thirty (30) consecutive days, where the property is also occupied as the primary residence of the property owner or other permanent resident. A Hosted Short-Term Rental shall not include the short-term rental of the entire property without a permanent resident residing on the property during the rental period.

The short-term rental of a Secondary Dwelling Unit shall be permitted only when authorized by applicable state law and the original land use approvals for the unit.

All subsequent definitions within Section 7.29.2 shall be renumbered sequentially to accommodate the addition of this definition. Except as expressly amended herein, all other provisions of Section 7.29.2 shall remain unchanged and in full force and effect.

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SECTION 2.

Section 7.29.3(a)(iv) is amended to read as follows:
(iv) Annual Renewal
Vacation Rental Permits shall be subject to annual review and renewal by the City.

Applications for annual renewal shall be submitted on forms prescribed by the City Manager or designee no later than thirty (30) calendar days prior to the annual permit renewal date (July 1st) established by the City.

Annual renewal shall require the permit holder to certify compliance with Chapter 7.29 including:
• maintaining a valid City business license;
• remaining current on all required Transient Occupancy Tax registrations and filings; • satisfying the Minimum Annual Rental Activity Requirement established in subsection (v). For purposes of annual renewal, compliance with the Minimum Annual Rental Activity Requirement shall be determined based on the immediately preceding calendar year, including any applicable prorated requirement for newly issued permits; and
• providing documentation reasonably requested by the City to verify compliance.

Failure to:
• commence operation within sixty (60) days following permit issuance; • satisfy the Minimum Annual Rental Activity Requirement; • maintain a valid City business license;
• timely file required Transient Occupancy Tax returns; or • provide records demonstrating compliance
shall constitute grounds for denial of renewal or revocation of the Vacation Rental Permit.

Prior to denial of renewal or revocation, the City shall provide written notice describing the deficiency and allow the permit holder thirty (30) calendar days to cure the deficiency. If the deficiency is cured within the notice period, no further action shall be taken. If the deficiency is not cured, the City Manager may deny renewal or revoke the Vacation Rental Permit, subject to the appeal provisions of Section

7.29.7(b).

SECTION 3.

Section 7.29.3(a) is amended by adding subsection (v) to read:
(v) Minimum Annual Rental Activity Requirement: A Vacation Rental Permit shall be issued only for a bona fide Vacation Rental operation.

The permitted Vacation Rental shall commence operation within sixty (60) days following issuance of the Vacation Rental Permit.

Thereafter, each permitted Vacation Rental shall be rented to paying transient occupants for one or more rental periods totaling at least thirty (30) days during each calendar year. (a) Prorated Requirement for Newly Issued Permits. For the calendar year in which a Vacation Rental Permit is initially issued, the Minimum Annual Rental Activity Requirement shall be prorated based on the number of full calendar months remaining in that year following the sixty (60) day commencement period. The prorated requirement shall be calculated at a rate of two and one-half (2.5) rental days per full calendar month, rounded up to the nearest whole day. If no full calendar months remain following the commencement period, the Minimum Annual Rental Activity Requirement shall not apply until the following calendar year. The permit holder shall nevertheless be required to commence operations within sixty (60) days of permit issuance.

Beginning with the first full calendar year following permit issuance, the thirty (30) day Minimum Annual Rental Activity Requirement shall apply.

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Compliance with this subsection shall be demonstrated by booking records, Transient Occupancy Tax returns, and such other documentation as the City may reasonably require.
(b) Emergency Exception. The thirty (30) day Minimum Annual Rental Activity Requirement shall not apply for any calendar year in which a local emergency is declared within the City of Ferndale by the City, County of Humboldt, State of California, or federal government, when the declared emergency materially impacts the ability of the Vacation Rental to operate or be rented. The City Manager or designee may require reasonable documentation demonstrating the impact of the declared emergency.

SECTION 4.

Section 7.29.3(a)(v) is renumbered as Section 7.29.3(a)(vi) and is amended to read as follows:
vi. Upon the transfer or conveyance of property for which a valid, non-expired vacation rental permit has been issued, the permit shall remain valid and inure to the new property owner, provided that the new property owner completes an application to renew the permit and obtains a business license to operate the vacation rental within sixty (60) days of the date of the transfer or conveyance.

SECTION 5.

Section 7.29.3(a) is amended by adding subsection (vii) to read as follows:
(vii) Waiting List and Permit Availability
A. Maximum Number of Permits and/or Distance Regulation When the maximum number of Vacation Rental Permits authorized by this Chapter has been issued, or when a property is ineligible for a Vacation Rental Permit due to the applicable Distance Regulations, the City shall maintain a waiting list for interested applicants.

B. Waiting List
Applications shall be placed on the waiting list in the order that complete applications are determined by the City Manager or designee to have been received. Placement on the waiting list shall not constitute approval of a Vacation Rental Permit nor create any vested right to receive a permit.

C. Permit Availability
Whenever a Vacation Rental Permit becomes available because of expiration, denial of renewal, revocation, voluntary surrender, or any other reason resulting in termination of the permit, the City shall offer the available permit to the first eligible applicant on the waiting list.

D. Acceptance
The applicant shall have thirty (30) calendar days from the date of the City's written notice to accept the available permit and submit any information required by the City.

Failure to respond within thirty (30) calendar days shall constitute a declined offer and will result in offering the available permit to the next eligible applicant on the waiting list.

E. Non-Transferability
A position on the waiting list is personal to the applicant and shall not be sold, assigned, transferred, or otherwise conveyed.

SECTION 6.

Section 7.29 of Zoning Ordinance No. 02-02 is hereby amended to add Section 7.29.5, entitled “Hosted Short-Term Rentals,” to read as follows:

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7.29.5 HOSTED SHORT-TERM RENTALS:
a. Hosted Short-Term Rentals shall be regulated through the City's Home Occupation Permit process and shall not require a Vacation Rental Permit pursuant to Section 7.29.3(a). b. Hosted Short-Term Rentals shall not be subject to the maximum number of Vacation Rental Permits authorized under this Chapter or the distance requirements applicable to Vacation Rentals.
c. All Hosted Short-Term Rentals shall obtain and maintain a valid City Home Occupation Permit and business license, comply with applicable Transient Occupancy Tax requirements, and satisfy all other applicable City regulations.
d. A permanent resident shall maintain their primary residence on the property and reside on the property during periods of transient occupancy. A property operated without a permanent resident residing on the property during the rental period shall not qualify as a Hosted ShortTerm Rental and shall be subject to the applicable Vacation Rental regulations.

Existing Sections 7.29.5 and 7.29.6 of Zoning Ordinance No. 02-02 are hereby renumbered as Sections

7.29.6 and 7.29.7, respectively. Except for the renumbering and amendments expressly provided in this Ordinance, the provisions of those sections shall remain unchanged and in full force and effect.

SECTION 7.

Section 7.29.7 (b) of Ordinance No. 02-02 is amended to read as follows:
(b) Any person aggrieved by a decision of the City Manager to:
• deny a Vacation Rental Permit;
• deny renewal of a Vacation Rental Permit;
• revoke a Vacation Rental Permit; or
• remove an applicant from the Vacation Rental waiting list, may appeal the decision to the City Council.

The appeal shall be filed in writing with the City Clerk within ten (10) calendar days following the City's written decision. The notice of appeal shall state the grounds for the appeal. The City Council shall hear the appeal at a regularly scheduled public meeting. The decision of the City Council shall be final.

SECTION 8.

CEQA
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that adoption of this Ordinance will not result in a significant effect on the environment.

SECTION 9.

Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that one or more portions may subsequently be declared invalid.

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SECTION 10.

Effective Date
This Ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this ___ day of __________, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Randy Cady, Mayor
Attest:
____________________________________
Brenda Taylor, City Clerk
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Meeting Date: October 21, 2026 Agenda Item Number 13.c
Agenda Item Title Award of Construction Contract – Fireman's Park Basketball Court & ADA Improvements Project
Presented By: City Manager
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
RECOMMENDATION:

Award the construction contract for the Fireman's Park Basketball Court & ADA Improvements Project to DelBiaggio Construction Inc., dba DCI Builders, in the amount of $44,940.00, and authorize the City Manager to execute the construction contract and associated documents on behalf of the City, subject to review and approval by the City Attorney.

BACKGROUND
The City of Ferndale has been working toward improvements to the basketball court at Fireman's Park, including resurfacing the existing court and providing an accessible pathway from the parking area to the court. These improvements are intended to enhance recreational opportunities, improve accessibility, and extend the useful life of the existing recreational facility.

The project is being pursued in connection with the City's Per Capita Grant Program funding.

The improvements will provide a safer and more accessible recreational area for residents and visitors while addressing needed maintenance and accessibility upgrades.

Following preparation of the project plans and specifications, the City solicited competitive bids for the proposed construction work.

BID RESULTS
Sealed bids were publicly opened on October 13, 2026, at 2:00 p.m. at Ferndale City Hall. A total of six (6) bids were received for the project.

The Engineer's Estimate for the project was $45,544.00.

Contractor Bid Amount
DelBiaggio Construction Inc., dba DCI Builders $44,940.00 Alves, Inc. $68,260.00
Coleman Construction LLC $69,873.09
Mercer-Fraser Company $70,856.00
Hooven & Co., Inc. $83,866.18
Mobley Construction, dba MCI Inc. $87,815.00
DCI Builders submitted the lowest bid at $44,940.00, which is $604.00 below the Engineer's Estimate.

The bid opening documentation indicates that the required bid bond, bid proposal, and subcontractor listing were submitted. Final award remains subject to confirmation that the bidder is responsive and responsible and has satisfied applicable contracting requirements.

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DISCUSSION
Staff recommends awarding the construction contract to DelBiaggio Construction Inc., dba DCI Builders, as the apparent lowest responsive and responsible bidder, subject to final verification of all bid and contract requirements.

The proposed contract amount of $44,940.00 is within the Engineer's Estimate and represents a competitive bid for the planned improvements.

Completion of the project will provide needed improvements to the existing basketball court and enhance accessibility through the installation of an ADA-accessible pathway.

Awarding the contract will allow the City to proceed with construction coordination and scheduling. Staff will work with the contractor to ensure the improvements are completed in accordance with the approved plans, specifications, and applicable grant requirements.

FISCAL IMPACT
The proposed construction contract is $44,940.00, compared to the Engineer's Estimate of $45,544.00.

The project is associated with the City's Per Capita Grant Program. Available grant funding will be applied toward eligible project expenses, with any remaining project costs to be funded from an appropriate City funding source, subject to budget availability.

Any additional construction costs or changes beyond the approved contract amount would be addressed in accordance with the City's purchasing and contracting requirements.

RECOMMENDED COUNCIL ACTION
Staff recommends that the City Council award the construction contract for the Fireman's Park Basketball Court & ADA Improvements Project to DelBiaggio Construction Inc., dba DCI Builders, in the amount of $44,940.00, and authorize the City Manager to execute the construction contract and all necessary associated documents on behalf of the City, subject to City Attorney review and satisfaction of applicable contract requirements.

ATTACHMENTS

1. Bid Opening Results – October 13, 2026

2. Fireman's Park Basketball Court & ADA Improvements Bid Tabulation October 21, 2026
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FIREMANS PARK BASKETBALL COURT & ADA IMPROVEMENTS
Bid Results
Tuesday, October 13, 2026, at 2:00 p.m.

City Hall, Ferndale, CA
A total of six bids were received for the proposed project. The engineer’s estimate for the project was $45,544.00.

The following bids shown are ordered from the lowest bid to the highest bid.

1. DelBiaggio Construction Inc., dba DCI Builders $44,940.00

2. Alves, Inc $68,260.00

3. Coleman Construction LLC $69,873.09

4. Mercer-Fraser Company $70,856.00

5. Hooven & Co., Inc. $83,866.18

6. Mobley Construction, dba MCI Inc. $87,815.00
October 21, 2026
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FIREMANS PARK BASKETBALL COURT & ADA IMPROVEMENTS
Bid Opening
Tuesday, October 13, 2026, at 2:00 p.m.

City Hall, Ferndale, CA
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Non-Collusion
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Meeting Date: October 21, 2026 Agenda Item Number 13.d
Agenda Item Title Discussion and Scheduling of a Special City Council Meeting – PG&E Microgrid Incentive Program (MIP) Grant Award
Presented By: City Manager
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
RECOMMENDED ACTION:

Discuss and schedule a Special City Council Meeting, preferably during the first week of November 2026, to further review the Microgrid Incentive Program (MIP) grant award and determine whether the City wishes to proceed with formal acceptance.

BACKGROUND AND DISCUSSION
The City of Ferndale has been involved in discussions regarding the Pacific Gas and Electric Company (PG&E) Microgrid Incentive Program (MIP), which provides grant funding opportunities for eligible community microgrid projects intended to improve electrical reliability and resilience.

Councilman Jorgensen and I have continued meeting with representatives from OurEnergy to discuss the grant award and better understand the proposed project, potential benefits to the community, and the responsibilities associated with accepting the funding.

While the grant presents a potential opportunity for the City, there are several considerations that warrant further discussion before making a commitment. These include the overall project scope, financial obligations, implementation requirements, and the City's potential long-term responsibilities.

Given the significance of the project and the potential commitments associated with grant acceptance, I believe a dedicated Special City Council Meeting would provide the Council with an opportunity to thoroughly review the information, ask questions, and determine whether moving forward is in the City's best interest.

Staff would like to schedule this meeting during the first week of November 2026, subject to Council availability. Representatives from OurEnergy may also be invited to participate and assist in answering questions regarding the proposed project and grant requirements.

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Section 14

CORRESPONDENCE
Correspondence Files are available for review at City Hall during regular business hours, Monday through Thursday, 9am to 4pm.

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Section 15

COMMENTS FROM THE COUNCIL
Section 16

REPORTS
City Manager’s Report
Commissions and Committee Reports
Minutes from JPAs and Reports
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CITY MANAGER’S REPORT
OCTOBER 2026 CITY COUNCIL MEETING
September 9-October 14, 2026

GRANT & PROJECT UPDATES
Per Capita Grant / Fireman’s Park
We have completed the first round of improvements at Fireman's Park and are now focusing on resurfacing the basketball court and installing an ADA-accessible pathway. The bidding process went smoothly, with six bids received. I am pleased that the lowest bid of $44,940 came in just below the engineer's estimate of $45,544. The contract award is on tonight's agenda for Council consideration. While the project will utilize our remaining Per Capita Grant funding, additional funds will be needed to cover the balance. I plan to reach out to several local organizations to explore potential financial contributions to help complete these.

Our Energy Microgrid
Councilman Jorgensen and I have continued meeting with representatives from OurEnergy to further discuss the Microgrid Incentive Program grant award offered through PG&E. These discussions have focused on evaluating the opportunity and determining whether moving forward with the grant would be in the City's best interest.

Before any decision is made, the City Council will need to hold a special meeting to review the grant opportunity, discuss the potential benefits and obligations associated with accepting the funding, and determine whether the City wishes to proceed. Formal acceptance of the grant award will require Council consideration and approval
SB 1383 – Composting Bin Rebate Program
The City's Composting Bin Rebate Program officially ended on September 30th, and I am pleased with the success of the program. We distributed approximately 70 composters, totaling around $13,000 in rebates and composting equipment. The program received a great response from the community and provided residents with an opportunity to begin composting at home while supporting the City's waste reduction efforts under SB 1383.

Although the program has ended, we still have a few double-chamber composting bins and one worm composter available for anyone who may be interested. These will be available while supplies last.

Overall, I am very pleased with the participation and positive feedback we received throughout the program.

Vision Zero Demonstration Project
The temporary speed humps installed as part of the Vision Zero Demonstration Project were removed on September 16th. I have received mixed reviews from the community through correspondence sent directly to the City. I recently learned that the survey results and public comments submitted to HCOAG are now available. However, staff did not have sufficient time to review the information and prepare a report before the Council packet was finalized. Staff plans to present the results at the October 27th Streets and Roads Committee meeting for review and discussion. Any additional discussion or recommendations can then be brought before the City Council at its November meeting.

Francis Creek Vegetation Maintenance
On September 14th, I met with representatives from the California Department of Fish and Wildlife (CDFW) to discuss several problem trees within Francis Creek that were contributing to debris accumulation and potentially restricting water flow. Following our site visit and discussion, CDFW authorized the City to remove the identified trees from the creek channel. The removal was October 21, 2026
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successfully completed on September 29th. This was an important step in our ongoing efforts to improve drainage and reduce the potential for obstructions as we prepare for the upcoming winter season.

In addition to the work completed within City limits, I reached out to Supervisor Bohn requesting assistance with several areas downstream of Ferndale where debris dams appear to be forming. These obstructions could potentially impact creek flows and contribute to drainage problems within the City if not addressed. As part of that request, I also asked that the Rasmussen and California Street drainage areas be evaluated and cleaned out where necessary to improve drainage ahead of the winter months. I have since been informed that our request was forwarded to Humboldt County Public Works for review and consideration.

I will continue to follow up with the County on these concerns, as maintaining adequate drainage both within and downstream of the City is an important part of our ongoing flood prevention efforts

PARKS & CITY FACILITIES
Russ Park
A meeting is scheduled for September 15th with City staff, Public Works, and the Russ Park Committee to discuss the proposed fence placement and parking lot area. The meeting will provide an opportunity to review the remaining work, discuss placement and logistics, and determine the next steps for moving the project forward.

Fireman’s Park
The grand opening of the new Fireman’s Park restrooms was held on Sunday, September 27th, in conjunction with the annual Old Timers Softball Game and a community BBQ. The event was very well attended and provided a wonderful opportunity for the community to come together and celebrate another improvement to Fireman’s Park. The new restrooms are a great addition to the park and will be enjoyed by residents and visitors for years to come. It was nice to see such a great turnout and continued community support for improvements to our parks and recreational facilities.

Community Center
Staff met with representatives from the Office of Emergency Services (OES), the American Red Cross, and members of our Community Emergency Response Team (CERT) to review the Community Center as a potential emergency shelter location.

During the meeting, we toured the facility and discussed its suitability for emergency shelter operations, including how the building could be utilized during a community emergency. This coordination is an important part of our ongoing emergency preparedness efforts and helps ensure that the City and our emergency response partners are better prepared to assist residents should the need arise.

REGULAR MEETINGS AND COORDINATION
• Daily meeting with Lauren Boop, Finance Director
• Daily meetings with Brenda Taylor, City Clerk
• Daily meetings with Ron Sligh, Police Chief
• Daily meetings with Mayor Cady
• Weekly meetings with Public Works
• Weekly meetings with the City Planner and City Engineer Monthly Meetings
• City Council – September 16
• Planning Commission – N/A
October 21, 2026
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• Drainage Committee – N/A
• Emergency Response – second Thursday of the month
• Department Heads – second Tuesday of the month
• City Managers’ Meeting – last Thursday of the month
• Chamber of Commerce – October 5th
OTHER
Downtown Halloween Decorations
Over the past week, I have made several visits downtown to address concerns regarding the Halloween skeleton decorations and to see firsthand how things were going. To date, the City has received only one formal complaint, compared to more than 30 letters expressing support for the decorations and, more importantly, our downtown businesses.

During my visits, I had the opportunity to speak with several business owners, as well as tourists who were enjoying their time in Ferndale. It was wonderful to hear their positive comments about our town, its unique character, and the welcoming atmosphere of our downtown. I have also noticed that finding a parking spot downtown has become a bit of a challenge, which is certainly a good problem to have! While parking availability alone does not tell the whole story, it has been encouraging to see so many people visiting and enjoying our downtown area.

I appreciate everyone who has taken the time to share their thoughts, whether expressing concerns or offering support. Our downtown businesses are an important part of what makes Ferndale special, and it is encouraging to see the community showing its support.

Regional Tourism Coalition
The City and Ferndale Chamber have been participating in discussions with representatives from Fortuna, Rio Dell, Southern Humboldt, Shelter Cove, and Loleta regarding the formation of a regional tourism coalition. We have held several meetings to discuss how our communities can work together to promote tourism throughout the Eel Valley and Southern Humboldt region.

I want to emphasize that this coalition is not intended to replace or diminish the important work of our Ferndale Chamber of Commerce. Rather, the goal is to complement those efforts by working collaboratively with neighboring communities to promote additional attractions, activities, and experiences throughout the region. By encouraging visitors to explore more of what our unique areas have to offer, we hope to increase the length of their stays and provide additional economic benefits to our local businesses and communities.

STAFF AND DEPARTMENT HIGHLIGHTS
City Clerk – Brenda Taylor
Brenda successfully completed her six-month probationary period on September 25th and has transitioned to permanent full-time employee status. She continues to expand her knowledge of the City Clerk position, build confidence in her responsibilities, and take on additional tasks as she becomes more familiar with the day-to-day operations of the City.

I especially want to recognize Brenda for the excellent job she did promoting, organizing, and coordinating the City's Composting Bin Rebate Program. From assisting residents with obtaining their composters to managing the distribution process, she played an important role in making the program a success. Brenda continues to be a valuable member of our team, and I look forward to seeing her continued growth in the position.

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Finance – Lauren Boop
Lauren continues to do an excellent job keeping the City's finances on track while managing her regular workload. I am pleased to share that she successfully passed her Certified Public Finance Officer (CPFO) Risk Assessment Exam, further expanding her knowledge in municipal finance.

Lauren and I also continue to look for ways to reduce expenses and identify cost-saving opportunities for the City. She was able to enjoy some well-deserved vacation time this month, and I appreciate her continued hard work and dedication.

Public Works – David and Tom
David and Tom continue to do an excellent job keeping up with the City's day-to-day maintenance needs. This month their focus has continued to be on Francis Creek maintenance and clearing drainage easements and ditches. They have also started preparing the City buildings for the upcoming winter season, including cleaning gutters and other preventative maintenance. They have also spent considerable time troubleshooting plumbing issues at the Community Center, which have presented some unexpected challenges. I appreciate their continued hard work and dedication to keeping our City facilities and infrastructure maintained.

Wastewater – Shawn, Carson, and Hunter
The wastewater team continues to do an excellent job keeping the treatment plant operating despite ongoing software challenges. Shawn and his team have been able to isolate several issues, helping reduce some of the operational difficulties. Shawn and I will be meeting with Demetrious from Ferndale Tech to discuss potential assistance with upgrading the plant's outdated software. Shawn has also identified additional resources that may be able to help. We are hopeful these discussions will allow us to begin obtaining reliable cost estimates for the necessary upgrades. Once we have a better understanding of the costs and scope of work, we can begin exploring potential funding opportunities.

Police Department – Chief Ron Sligh
The carport covering the City's two dog kennels has been installed. The Police Dept has done an excellent job in reuniting dogs to their owners, and the collection of impound and licensing fees has been going smoothly.

CERT - John Maxwell and Chief Sligh also displayed the CERT trailer at the North State Emergency Management Conference held at Bear River Rancheria.

Measure No. Measure No.

Homicide 0 Reports Written 19
Rape (Attempted) 0 Traffic Citations 13
Robbery 0 Other Citations 0
Larceny 1 Parking Citations 2
Assault 0 Warnings 50
Burglary 0 Arrests 2
Vehicle Theft 0 Agency Assists 23
Secondary Crimes 8 Traffic Collisions 0
Calls for Service 337
October 21, 2026
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CITY ENGINEER
General City Engineering Services:
• Phone calls / emails with the City Manager and staff regarding various City items. • WWTP Annual Creek Gauge Assessment
o Do some research on requirements
• Ferndale Union School District.
o Meetings with SHN about Ferndale Elementary School Project • Firemen’s Park Basketball Court Renovation.
o Prepare plans for the basketball court renovation
o Prepare bid documents
 Project went out to bid on September 28
Reimbursable Project Services:
• Nunes Grading
o Meet with Staff. To discuss
• Woyak Merger
o 1st Review of Submitted project documents.

CITY PLANNER ACTIVITY
General Planning Services
Task 1 Response to Public Information Request:
• Responded to a query received by City Clerk about siting an antenna tower on private property. • 270 Shaw Ave. ADU: Reviewed CleekCo plan site to determine applicable State ADU law and compliance with Ferndale Zoning Ordinance; prepared and sent memo documenting findings. • 1042 Main St. ADU: Discussed prospective ADU siting and development options with City Manager; following call, researched ADU siting options per Gov’t Code 66323 (e.g., conversion of existing detached accessory structure, new construction detached ADU), and emailed response to City Manager. The ADU is proposed to be sited on a lot resulting from a voluntary merger. The City Engineer is reviewing the submitted merger application.

Task 2 CEQA Compliance
No actions for the reporting period.

Task 3 Community Planning – Reporting, Other Planning Activities No actions for the reporting period.

Task 4 Meetings and Hearings, and Materials:
• Prepared Planner's Report for September 2026 City Council agenda packet. • Coordination with City Manager and Humboldt County Coordination regarding the City’s 1st and 2nd cycles of PLHA allocated grant funds, and delegation. • HCAOG TAC: attended 9/3 TAC meeting (in-person).

Task 5 GIS Mapping
No actions for the reporting period.

Task 6 Grant Writing/Funding Coordination
No actions for the reporting period.

Reimbursable Fee Fund – Planning Applications and Pre-Application Consultations Ozanian Subdivision SD2603 – No actions for the reporting period.

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General Plan Review Fund – No actions for the reporting period for the following activities. • General Plan Update Review
• General Plan Annual Progress Report (APR)
• Admin of SB1/RMRA Streets & Roads Program
• Housing Element Update/ Reporting
• Safety Element Updates for adopted LHMP
General Plan Review Fund – 7th Cycle Housing Element
Project Management:

Updated existing needs assessment template to align with HCD’s shared community profile template for the Planwest team.

Housing Element Community Engagement:

Prepared and finalized the housing element survey, both online and PDF versions of the survey.

Also prepared marketing materials for the survey.

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Emailed the community survey and marketing materials to the City Manager for posting and distribution.

Preparing Housing Element Sections:
• Researched current Government Code for general plan element updates that are linked to housing element updates to include in programs, if applicable. • Researched, compiled demographic and socioeconomic data, and drafted content for the Housing Needs Assessment/Community Profile. Prepared discussions on population, households, employment, income, and economic trends using current ACS, Census and Department of Finance.

CEQA for the Housing Element
• Prepared and sent a request for the current tribal consultation list to the State of California’s Native American Heritage Commission (NAHC). Drafted SB 18 and AB 52 invitation to consultation letters.

Special Projects – Adoption of the Regional Climate Action Plan (RCAP) • Drafted and finalized 9/16 City Council staff report and resolution. • Prepared PowerPoint for City Council hearing, and attended and presented at 9/16 public hearing.

October 21, 2026
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RUSS PARK COMMITTEE MINUTES
CITY OF FERNDALE - HUMBOLDT COUNTY U.S.A.

Location: 834 Main Street
Ferndale, CA 95536
Date: September 8th, 2026
Time: 6:30 pm

1. CALL MEETING TO ORDER /ROLL CALL
At 6:35 pm the meeting is called to order. Patt Sweeney, John Miller, Curtis Barry, and Ken Mierzwa are present.

2. MODIFICATIONS TO THE AGENDA
No modifications.

3. PUBLIC COMMENT (FOR ITEMS NOT OTHERWISE ON THE AGENDA) None.

4. BUSINESS
A. Approval of August minutes
Curtis makes the motion to approve and John seconds. The minutes are approved.

B. Friends of Russ Park update
No updates from Judy.

C. Kiosk Artwork.

There was a very brief discussion about potentially updating existing kiosk artwork to include the new trail and review text to be sure it is current. No action at this time.

D. Trail maintenance, tools, and materials
Trails are in good condition. There was a brief discussion of recent maintenance and near term needs.

E. Berry Run Fence and Parking
Ken will be meeting at the trailhead with the City Manager and Public Works staff to discuss potential parking lot and fence design and approach to construction. Updates to follow at the next meeting.

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F. Eugene Street Signage and Access
There was a brief discussion of the Eugene Street trailhead and potential sign needs and related issues. No action at this time pending a closer look at the area and further discussion.

G. Expense Reimbursement Process
A spreadsheet has been developed and is recommended for expense submittals to simplify and standardize the process.

H. Russ Park Strategic Master Plan
No updates.

I. Regional open space meetings/communications
No updates.

5. ADJOURNMENT
Meeting was adjourned at 7 :28 PM
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Board of Directors Draft Meeting Minutes
Wharfinger Building, Bay Room (downstairs)
1 Marina Way, Eureka, CA 95501
Thursday, August 27 2026
3:30 PM
Attendance
Present
Scott Bauer Sarah Schaefer, Vice Chair
Carlos Diaz Jack Tuttle
Michael Gerace, Chair Frank Wilson
Skip Jorgensen Mike Wilson
Elise Scafani
Absent
Jason Ramos
Staff and Others Present
Name Title
Ken Beals Information Technology Technician
Elizabeth Burks Executive Director
Faith Carlson Regulatory & Legislative Manager
Nancy Diamond RCEA Legal Counsel
Richard Engel Power Resources Director
Stephen Kullmann Customer Programs Director
Lori Taketa Board Clerk
Eileen Verbeck Deputy Executive Director
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Open Session (Call to Order)
Chair Gerace called a meeting of the Board of Directors of the Redwood Coast Energy Authority to order at the above location and date at 3:33 p.m. Notice of this meeting was posted on August 21, 2026.

4. Staff Reports

4.1. Executive Director’s Report
Executive Director Burks reported on staff’s successful application for $2.9 million in investment tax credits for the Redwood Coast Airport microgrid. The RCEA electricity rate will change on September 1.

Nine customers opted out so far due to the rate change, roughly the same number as in other months.

Staff are discussing the rate change at member jurisdiction meetings. Recruitment continues for the Director of Engagement and Regional Climate Planning and staff General Counsel positions.

Regulatory and Legislative Manager Carlson reported on Power Charge Indifference Adjustment (PCIA) legislation and regulatory proceedings. The California Public Utilities Commission decided that Community Choice Aggregators’ (CCAs’) customers will not benefit from pre-2019 banked Renewable Energy Credits despite having paid for them prior to becoming CCA customers. In the Legislature, the PCIA Data Transparency Bill passed both houses and awaits the Governor’s signature. There were no public comments.

5. Consent Calendar

5.1. Approve Minutes of July 23, 2026, Board Meeting.

5.2. Approve Disbursement Reports for June 2026, and Financial Reports for this Fiscal Year through June 2026.

5.3. Enter into an Agreement for Professional Services Between the Redwood Coast Energy Authority and Owsley Electric Inc. for Electrical Services at the Redwood Coast Airport Microgrid for a Term up to Five (5) Years and a Total Not to Exceed of $325,000 and Authorize the Executive Director to Execute All Applicable Documents Pending Review by RCEA Legal Counsel.

5.4. Approve Waiver of Potential Conflict of Interest and Provide Informed Consent Regarding Counsel Representation by the Law Offices of Nancy Diamond on Redwood Coast Energy Authority's Interests in the Regional Climate Action Plan.

There were no requests to remove items from the consent calendar, nor public comments.

M/S: M. Wilson, Tuttle: Approve Consent Calendar items.

The motion passed with a unanimous voice vote. Ayes: Bauer, Diaz, Gerace, Jorgensen, Scafani, Schaefer, Tuttle, F. Wilson, M. Wilson. Noes: None. Absent: Ramos. Abstain: None.

9. Presentations

9.1. Presentation on RCEA’s Customer Programs Featuring the Heat Pump Rebate Program Customer Programs Director Kullmann presented an overview of RCEA's customer programs, detailing services across residential, commercial, public agency, and workforce education sectors. These October 21, 2026
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programs are funded mostly through external sources such as California’s Regional Resilience Planning and Implementation Grant program and the Public Purpose Program (PPP), which is funded by a charge on all electricity bills. The Northern Rural Energy Network program and the Local Government Partnership are funded through the PPP. Historically, Humboldt County residents paid into the PPP but received little customer program service in return. RCEA staff bring these funds back to Humboldt County and rural Northern California in the form of energy efficiency customer programs. Residents do not need to be RCEA Community Choice Aggregation customers to participate in most of these programs.

Natural gas heating causes most of the greenhouse gas emissions from buildings in Humboldt County.

Director Kullmann explained the benefits of using electric heat pumps. Since 2025, RCEA issued 56 heat pump space heater rebates and 46 hot water heat pump rebates. RCEA will launch a new heat pump program that offers rebates as high as 100% for commercial customers and up to $7,000 for residential customers who work directly with contractors. RCEA will host an open house on September 15 to recruit local contractors.

The group discussed the costs and benefits of switching from natural gas to heat pumps. There might not be immediate cost savings due to high electric rates, but heat pumps offer long-term benefits including decarbonization and use as air conditioners during summer months. There were no public comments on this agenda item.

9.2 Introductory Study Session on Electricity Service Municipalization In response to Director requests for information on ways to reduce RCEA exposure to investor-owned utilities’ actions and to give RCEA more price control, Power Resources Director Engel and Regulatory and Legislative Manager Carlson presented an overview of public power options. Following two waves of municipal utility formation in the late 1800s as cities grew and electrification spread, and the early 2000’s after the Enron scandal, Community Choice Aggregators, municipal utilities, and rural electric cooperatives face challenges to formation and operation including investor-owned utility opposition, high asset transfer negotiation and infrastructure costs, and legal barriers that can take years to overcome. In the last 25 years, less than 10% of municipalization attempts in the U.S. succeeded.

Staff highlighted the success of CCAs in California, which currently meet nearly a quarter of the state's total electric load. Two other promising public power opportunities are greenfield development (electrification of areas formerly unserved by an investor-owned utility) and rural electric coops, which can borrow funds at low interest rates through the U.S. Department of Agriculture Rural Utilities Service.

Barriers to publicly-owned power infrastructure in Humboldt County include the region’s vast and difficult terrain, risk of assuming costs associated with wildfires, and lack of significant new industrial development as a potential electric revenue source.

The group discussed a local hybrid approach: municipal electricity for areas around Humboldt Bay and rural electric co-ops for more remote areas. Staff stressed the importance of legislative efforts to end the Power Charge Indifference Adjustment to gain more control over costs under the existing CCA framework. In the future, the Board will discuss revising RCEA’s Policy Platform to more strongly support publicly-owned power, continue work to sunset the PCIA, explore a regional approach to public power, and learn more about how rural electric cooperatives work. Staff asked the Board to prioritize issues to be addressed (cost savings, independence from investor-owned utility actions, or energy resilience) as different goals require different strategies.

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Community Advisory Committee member Carol Schmitt, speaking as a member of the public, highlighted the importance of considering energy resilience in future planning. Chair Gerace closed the public comment period.

10. Future Agenda Items
The Directors asked for updates on PCIA sunsetting efforts and a discussion on strategies to increase the regional electricity load.

Chair Gerace adjourned the meeting at 5:20 p.m.

Lori Taketa
Clerk of the Board
The author used Zoom AI to generate a draft of these minutes. After using this tool, the author reviewed, edited and takes full responsibility for the content of these minutes.

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BOARD OF DIRECTORS
Stacy Atkins-Salazar, City of Arcata, Chair
Michelle Lewis-Lusso, City of Blue Lake, Vice Chair
Leslie Castellano, City of Eureka
Randall Cady, City of Ferndale
Steve Madrone, County of Humboldt
Frank Wilson, City of Rio Dell
Minutes
Thursday, September 10, 2026, at 5:30 PM
Eureka City Council Chamber

Present: Stacy Atkins-Salazar, Michelle Lewis-Lusso, Leslie Castellano, Randall Cady, Steve Madrone, Frank Wilson.

Absent: None
Staff: Eric Keller-Heckman, Tony Heacock, Helder Morais, Hilary Schwartz Legal Counsel: Nancy Diamond

1. Call to Order and Roll Call at 5:30 PM
Chairperson Atkins-Salazar called the meeting to order at 5:30 PM. A quorum was present and acting.

2. Consent Calendar
a. Approve Minutes from the August 13, 2026, HWMA Board of Directors Meeting b. Review and Approve Draft June 2026 Financial Reports c. Approve Request for Proposal for Hazardous Waste Transportation and Disposal Services Chairperson Atkins-Salazar inquired if there were any requests to pull items from the Consent Calendar. Director Lewis-Lusso responded that she would like to pull Item C of the Consent Calendar for discussion.

Chairperson Atkins-Salazar opened the floor to public comment on the Consent Calendar, and no public comment was received.

Chairperson Atkins-Salazar closed the floor to public comment.

Motion: Director Castellano motioned, and Director Cady seconded, to approve items a) through b) of the Consent Calendar as delivered Action: Approve the Motion as made by Director Castellano and seconded by Director Cady
Ayes: Unanimous
Noes: None

Absent: None
Director Lewis-Lusso requested clarification about discrepancies she observed in the titles in the Request for Proposals compared to the agreement attached to the proposal, which reflects the name of the disposal firm currently under contract for the hazardous waste transportation and disposal services. Executive Director Keller-Heckman explained that the attached agreement is only a draft, not a finalized version, intended as a placeholder to show potential proposers what the contract would look like. The finalized version of the contract will be altered to include details specific to the successful proposer and the agreed-upon services. Director Lewis-Lusso indicated that the additional discrepancies she noted in the RFP with respect to insurance and October 21, 2026
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liabilities would also be reconciled in the finalized version of the contract. Executive Director Keller-Heckman confirmed that the additional discrepancies noted would also be updated in the finalized version of the contract. Director Castellano added that hazardous waste transportation and disposal services are highly specialized, and there is likely a short list of potential proposers for this RFP.

Chairperson Atkins-Salazar opened the floor to public comment on Item C of the Consent Calendar, and no public comment was received.

Chairperson Atkins-Salazar closed the floor to public comment.

Motion: Director Castellano motioned, and Director Lewis-Lusso seconded, to approve item c) of the Consent Calendar as delivered
Action: Approve the Motion as made by Director Castellano and seconded by Director Lewis-Lusso
Ayes: Unanimous
Noes: None

Absent: None

3. Oral and Written Communications
Chairperson Atkins-Salazar opened the floor to public comment regarding items not on the agenda, and no public comment was received.

Chairperson Atkins-Salazar closed the floor to public comment.

4. Receive Update on Strategic Vision Timeline and Pathway Executive Director Keller-Heckman provided an update to the board on the timeline and pathway for the Strategic Vision plan. In February 2026, the HWMA Board expressed interest in a strategic vision workshop and plan, including development of a document that would better define goals and objectives for the Authority to work towards in the future. At its February meeting, the board established a Strategic Vision ad-hoc committee, which met with staff the following month to discuss the broad goals and desired intent of the process. This meeting resulted in a high-level outline of short- and long-term planning goals, which were presented to the full board at the March regular meeting. The board directed staff at that time to initiate the strategic vision project and procure a consultant to lead it.

Staff solicited several consultants in the area and determined that Kraft Consultants had the necessary skills and availability to take on the project within the board’s desired timeline. Kraft Consultants is highly regarded locally and has extensive experience working with both public and private sector entities in Humboldt County, including some of HWMA’s member agencies. Kraft Consultants is available to begin in late September and anticipates the process will take 6–8 months, depending on stakeholder availability. Kraft Consultants recommends beginning the project with a large roundtable workshop including the HWMA ad-hoc committee, HWMA management staff, high-level jurisdiction staff, and other stakeholders, such as franchise haulers and other waste-adjacent local entities.

The information gleaned from the workshop will be used to develop a series of interview questions. Interviews will be informal in nature and take place in either one-on-one or small group settings. Additionally, Kraft Consultants will conduct market research and collect data from similar entities in the waste and recycling industry to develop a baseline of current standard practices. The board will then receive this information and provide direction to develop a draft October 21, 2026
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strategic vision plan along with staff. The draft plan will be circulated to member agency staff for final input and then brought before this board one more time for final approval. It is anticipated at this time that interviews and research will take place between November and January, so the board could potentially see results in February 2027 with final adoption of the plan in April 2027.

The projected cost of the project is $19,500 and is currently unfunded and unbudgeted in Fiscal Year 2026–27. Typically, staff budgets for miscellaneous consulting services and would recommend placing the costs of the strategic vision project within the Admin-Consulting line of the currently adopted budget. Director Castellano inquired about how input from members of the public would be included in the strategic vision planning process. Executive Director KellerHeckman responded that Kraft Consultants had proposed a few different ways to approach public input. One option is to include the full HWMA Board in the roundtable workshop, making it a Brown Act meeting open to public comment. Director Castellano inquired if the other board members would be comfortable with only the ad-hoc committee attending the roundtable workshop as opposed to the full board. Director Madrone responded that he was comfortable with the ad-hoc committee continuing to take the lead and that he was confident that there would be sufficient opportunities for participation in the strategic vision plan. Director Lewis-Lusso indicated that she too was comfortable with her current level of participation.

Chairperson Atkins-Salazar suggested that staff consider agendizing a presentation by Kraft Consultants at a future board meeting and advertise the meeting as a time for public comment on the strategic vision process. Chairperson Atkins-Salazar also inquired if there were sufficient funds in the Admin-Consulting line item of the budget to cover the cost of Kraft Consultants’ proposal, or if the unbudgeted cost would impact other planned expenses. Director Schwartz concurred with Executive Director Keller-Heckman’s assessment that the Admin-Consulting funding was typically unallocated when the budget is adopted, and that the $15,335 remaining in that line item was not currently committed to other projects. Executive Director KellerHeckman added that a mid-year budget adjustment could be proposed to cover the full costs of project if necessary.

5. Standing Item: Board Member Reports
Director Wilson reported that Caltrans is tearing down an older bridge that crosses the Eel River on Highway 101 just north of Rio Dell. Northbound and southbound traffic has been re-routed to single lanes in both directions on the southbound bridge crossing. The project includes a seismic retrofit and is expected to last approximately four years.

6. Standing Item: Executive Director’s Report
Executive Director Keller-Heckman had nothing further to report.

7. Report Out of Closed Session: It is the intention of the Board of Directors to meet in closed section for one item: Public Employee Performance Evaluation – Executive Director, pursuant to Government Code §54957.

Chairperson Atkins-Salazar opened the floor to public comment regarding closed session. No public comment was received.

Chairperson Atkins-Salazar adjourned the meeting to closed session at 5:46 pm.

Chairperson Atkins-Salazar called the meeting to order from closed session at 7:42 pm.

No Report Out from closed session was required.

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8. Adjourn
Chairperson Atkins-Salazar adjourned the meeting at 7:21 pm following closed session.

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Item 6a

HUMBOLDT COUNTY ASSOCIATION OF GOVERNMENTS
Regional Transportation Planning Agency
Humboldt County Local Transportation Authority
Service Authority for Freeway Emergencies
611 I Street, Suite B
Eureka, CA 95501
(707) 444-8208
www.hcaog.net

BOARD OF DIRECTORS

MEETING RECORD
August 20, 2026, 4:30 p.m.

Eureka City Hall, Council Chambers
531 K Street, Eureka, CA 95501

Present:

Mayor Mike Johnson (Chair) City of Fortuna
Supervisor Steve Madrone County of Humboldt
Mayor Kim Bergel City of Eureka
Mayor John Sawatzky City of Blue Lake
Mayor Pro Tem Bryce Kenny City of Trinidad
Mayor Kimberley White City of Arcata
Councilmember Skip Jorgensen City of Ferndale
Policy Advisory Committee Members:

Tatiana Ahlstrand Caltrans
Natalie Arroyo Humboldt Transit Authority

Absent:

Councilmember Robert Orr City of Rio Dell
Staff:

Rob Holmlund Executive Director
Amy Eberwein Fiscal Administrative Officer
Stevie Luther Senior Regional Planner
Oona Smith Senior Regional Planner

1. Call to Order
Chair Johnson called the meeting of August 20, 2026, to order at 4:30 p.m.

2. Adjournment of the HCAOG Board; Convening of the Policy Advisory Committee (PAC)
The PAC convened to include representatives from Caltrans and Humboldt Transit Authority.

3. Public Comment on Non-Agenda Items – None

4. Consent Calendar
Motion was made (Sawatzky/White) to approve the following consent items:
a. Approve the Meeting Record for July 16, 2026.

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HCAOG 2 PAC Item 6a – 9/17/2026
b. Remove Debbie Egger from all Coast Central Credit Union accounts and authorize Rob Holmlund as the primary signatory on all accounts. Amy Eberwein and Mike Johnson to remain as secondary signatories. Authorize the opening of a CCCU Visa Credit Card for Rob Holmlund in the amount of $10,000.

Motion was approved unanimously.

5. Items Removed from Consent Calendar – None

6. Discussion Items
a. Draft Proposal Regarding Emergency Response Following Bayside Cutoff Closure The PAC discussed a letter written by Bayside resident Paul Nicholson to the California Department of Transportation (Caltrans) regarding concerns about delayed emergency response times in the Bayside/Jacoby Creek area following the closure of the Bayside Cutoff. Jeff Pimentel of Caltrans discussed the next steps for addressing these concerns.

7. Action Items
a. Delegating Authority to the Executive Director to Execute Certain Documents on Behalf of the Board
Motion was made (Madrone/Arroyo) to recommend that the HCAOG Board adopt Resolution 26-23, delegating limited authority to the Executive Director to execute and transmit specified routine correspondence, grant-related documents, administrative documents, and other documents necessary to carry out programs and projects previously authorized by the Board. Letters expressing official Board policy or advocacy on legislative, regulatory, or controversial matters must be consistent with the Boardadopted Legislative Platform, or, if a Legislative Platform has not been adopted, must be consistent with the policies and priorities established in the Regional Transportation Plan, or that have been previously approved by the Board.

Motion was approved unanimously.
b. Safe Routes to School (SRTS) Director Feasibility Study Report Motion was made (Sawatzky/Jorgensen) to recommend that the HCAOG Board accept the SRTS Director Feasibility Study Report and submit the report to Caltrans as part of the program deliverables for the Sustainable Transportation Planning Grant.

Motion was approved unanimously.

8. Informational Items
a. Humboldt Regional Climate Action Plan (RCAP): Draft Memorandum of Understanding for Jurisdictions and JPAs
Senior Regional Planner Oona Smith provided updates on the RCAP implementation progress including the draft Memorandum of Understanding (MOU).

9. Reconvening of the HCAOG Board
Motion was made (Bergel/Kenny) to reconvene as the HCAOG Board and approve the PAC recommendations.

Motion was approved unanimously.

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HCAOG 3 PAC Item 6a – 9/17/2026

10. HCAOG Staff and Board/PAC Member Reports
a. HCAOG Executive Director’s Report
• Executive Director Rob Holmlund provided some background on himself and his plans for the further development of HCAOG.
b. Caltrans Report
PAC Member Tatiana Ahlstrand discussed the following:
• Caltrans is scheduled to present on the US 101 Corridor Management Plan at the August 26th McKinleyville Municipal Advisory Committee meeting. The meeting is in person with a remote option.
• The FY 27-28 Sustainable Transportation Planning Grant Program call for applications went out on Monday. Applications are due Friday, October 9th. District 1 will be hosting 3 virtual office hours sessions where applicants can work with us on their draft application
Jeff Pimentel discussed updates on the merge near Mid-City Motors and the Eureka Slough Bridge Project.
c. Board/PAC Member Reports
• Mayor White discussed her recent experiences participating in Elected Officials to Protect America.
• Mayor Sawatzky announced that City of Blue Lake is making progress on their housing element and it should be completed by next July. • PAC Member Arroyo discussed upcoming grant funded capital improvement projects including the Eureka Intermodal Transit Station groundbreaking in August and pavement and capacity improvements at W Street this summer.

Adjournment
The meeting was adjourned at 6:18 p.m.

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Section 17

ADJOURN
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