Fortuna City Council
February 22, 2022

We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council
Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

Brown Act
This meeting is being held in accordance with the Brown Act as currently in effect under the State Emergency Services Act, the Governor’s Emergency Declaration related to COVID-19, and the Governor’s Executive Order N-29-20 issued on March 17, 2020 that allows attendance by member of the City Council, City staff, and the public to participate by teleconference, videoconference, or both.

Public Comments
To submit public comments for this meeting prior to the meeting, please email comments to [email protected] by noon on Tuesday, February 22, 2022. All public comments received by noon will be read into the record (limit to 3 minutes) during the meeting. If your public comments are received after noon on Monday, they may not be read into the record, but will be included in the official minutes.

Zoom Meeting Details
To provide public comment during the meeting, you can call 1-669-900-9128 and enter Meeting ID: 821 1015 7963 and Password: 293672 press star (*) 9 on your phone - this will raise your hand. You will continue to hear the meeting on the call. When it is time for public comment on the item you wish to speak on, the Clerk will unmute your phone.

You will hear a prompt that will indicate your phone is unmuted. Please state your name and begin your comment. You will have 3 minutes to comment.

1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Regular Meeting Agenda
Tuesday, February 22, 2022 at 6:00 pm
Council
Council Member Mike Johnson
Council Member Mike Losey
Council Member Jeremy Stanfield
Mayor Pro Tem Tami Trent
Mayor Sue Long
Staff
City Manager Merritt Perry
City Clerk Siana L. Emmons

2. PRESENTATIONS / PROCLAMATIONS
a. Police Department End-of-Year Report

3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.
(See zoom meeting details above)

4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – February 7, 2022 (Regular Meeting) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Approve Appointment to Fortuna Business Improvement District (FBID) Board of Directors
k. Oppose the Taxpayer Protection and Government Accountability Act (AG 21-0042A1), Resolution 2022-02
l. Authorization to File the Final Subdivision Map for Twin Creeks Subdivision, Resolution 2022-05

5. CITY COUNCIL BUSINESS
a. Approve Submittal of Notice of Intent to Comply Under SB 619, Resolution 2022-03
b. Approval of the April 1, 2022 to June 30, 2024 Memorandum of Understanding Concerning Working Conditions, Wages and Benefits with the Fortuna Employee Association and Fortuna Police Employees Association
c. Establish and Authorize Supplemental Compensation and Benefits for Management and Confidential Employees, Resolution 2022-04 d. Supplemental Budget Request for Cleanup and Outreach Services with River Life Foundation

6. CITY MANAGER’S REPORT

7. FUTURE AGENDA ITEMS
At this time, members of the Council may consider or request items to be placed on a future agenda through a consensus of the majority.

8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission, Indian Gaming Commission Alternate, Redwood Coast Energy Authority Alternate
b. Council Member Mike Losey
Redwood Coast Energy Authority, Local Agency Formation Commission (LAFCO), Humboldt Transit Authority Alternate, Parks & Recreation Alternate c. Council Member Jeremy Stanfield
Fortuna Business Improvement District (FBID), Parks & Recreation Commission, Redwood Region Economic Development Corporation (RREDC) Alternate, Historical Commission Alternate
d. Mayor Pro Tem Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) Alternate
e. Mayor Sue Long
Redwood Region Economic Development Corporation (RREDC), Humboldt County Redevelopment Oversight Board, Humboldt County Association of Governments (HCAOG) Alternate, LOCC Housing, Community, & Economic Development Committee, Humboldt County Access Network

9. ADJOURN
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 02/17/2022 at 4:32 PM
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council
Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

Brown Act
This meeting is being held in accordance with the Brown Act as currently in effect under the State Emergency Services Act, the Governor’s Emergency Declaration related to COVID-19, and the Governor’s Executive Order N-29-20 issued on March 17, 2020 that allows attendance by member of the City Council, City staff, and the public to participate by teleconference, videoconference, or both.

Public Comments
To submit public comments for this meeting prior to the meeting, please email comments to [email protected] by noon on Monday, February 7, 2022. All public comments received by noon will be read into the record (limit to 3 minutes) during the meeting. If your public comments are received after noon on Monday, they may not be read into the record, but will be included in the official minutes.

Zoom Meeting Details
To provide public comment during the meeting, you can call 1-669-900-9128 and enter Meeting ID: 878 8187 6099 and Password: 089950 press star (*) 9 on your phone - this will raise your hand. You will continue to hear the meeting on the call. When it is time for public comment on the item you wish to speak on, the Clerk will unmute your phone.

You will hear a prompt that will indicate your phone is unmuted. Please state your name and begin your comment. You will have 3 minutes to comment.

Regular Meeting Agenda
Minutes
Monday, February 7, 2022 at 6:00 pm

1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:

Mayor Long called the meeting to order at 6:00 pm and Council Member Johnson led the flag salute.

2. PRESENTATIONS / PROCLAMATIONS
a. Introduction of the new Account Clerk II, Haleigh Richardson Minutes:

Aaron Felmlee Finance Director introduced the new Account Clerk II, Haleigh Richardson.
b. Prop 68 Projects Presentation, by Parks & Recreation Director Cameron Mull
Minutes:

Cameron Mull Parks & Recreation Director gave a presentation on Prop 68 Projects.
c. Mid-Year Budget Presentation, by Finance Director Aaron Felmlee Minutes:

Aaron Felmlee Finance Director gave a presentation on the mid-year budget.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

There being no public comment, Mayor Long closed the oral comment section.

4. CONSENT CALENDAR
Minutes:

PULLED ITEM: Council Member Losey pulled item b and Council Member Johnson pulled item d. Council Member Losey wanted to know why the City uses Mad River Hospital for pre-employment physicals and staff explained that Mad River was the only local facility offering pre-employment physicals. Council Member Johnson inquired as to when the Bird electric scooters would be brought back to the City and staff explained that Bird Rides, Inc., were still working on acquiring a Fleet Manager.

PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Johnson moved, Seconded by Council Member Losey to approve Consent Calendar items a-e. Roll Call vote.

AYES: Council Member Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 a. City Council Minutes – January 18, 2022 (Regular Meeting) b. Report of Disbursements
c. Authorize the City Manager to Continue Teleconferenced Public Meetings for City Council and all City Committees, Commissions and Boards Pursuant to Assembly Bill 361, Resolution 2021-32
d. Approve a Renewal of the Memorandum of Understanding with Bird Rides, Inc. to Provide Stand-up Electric Scooter Sharing System within the City of Fortuna
e. Approve a Professional Services Contract Task Order for the Stormwater Hazard Identification Project

5. CITY COUNCIL BUSINESS
a. Authorize a $1,540,000 Supplemental Budget Request for an Additional Discretionary Payment to the California Public Employee’s Retirement System (CalPERS) Pension Trust
Minutes:

STAFF REPORT: Aaron Felmlee Finance Director provided a staff report on making an additional discretionary payment to CalPERS Pension Trust. PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Johnson to authorize City Manager to execute a Supplemental Budget Request and make an additional Discretionary Payment in the amount of $1,540,000 to be paid to the CalPERS Pension Trust to recognize interest payment savings. Roll Call vote. AYES: Council Members Johnson, Losey, Mayor Pro Tem Trent, Mayor Long NOES: Council Member Stanfield ABSTAIN:

None ABSENT: None MOTION CARRIED 4/0
b. Supplemental Budget Request to Develop a Project Study Report for the Kenmar and Ross Hill Road Intersection Improvement Project Minutes:

STAFF REPORT: Merritt Perry City Manager provided a staff report on a Project Study Report for the Kenmar and Ross Hill Road Intersection Improvement Project. PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Johnson moved, seconded by Mayor Pro Tem Trent to approve a supplemental budget request in the amount of $44,000 to develop a Project Study Report for the Kenmar and Ross Hill Road Intersection Improvement Project. Roll Call vote.

AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0

6. CITY MANAGER’S REPORT
Minutes:

Merritt Perry City Manager provided an oral report.

7. FUTURE AGENDA ITEMS
Minutes:

None

8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Mike Johnson
b. Council Member Mike Losey
c. Council Member Jeremy Stanfield
d. Mayor Pro Tem Tami Trent
e. Mayor Sue Long

9. ADJOURN TO CLOSED SESSION
Minutes:

PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn to closed session at 7:43 p.m. MOTION CARRIED 5/0
a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Police Employees Association, Fortuna Employees Association, and the
Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.

10. REPORT OUT AND ADJOURN
Minutes:

Council provided direction to staff. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn at 8:03 p.m. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Calendar Item 4b

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Administrative Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The Administration Department monthly report encompasses the following divisions:

CITY ATTORNEY
The City Attorney billing was 18.5 hours for the month of January 2022 for the Mitchell Law Firm, LLC. Project support for this month included agenda and staff report review, contract review, and various email and telephone calls.

CITY CLERK DIVISION
For the month of January, the Clerk’s Office prepared and published two agendas for Regular City Council meetings and three agendas for Special Council meetings. The Clerk’s Office also posted agenda’s for the Rohner Community Recreation Parks District Board, the Historical Commission, and Measure E.

City Council Meetings
Council Meeting Date Agenda Items
January 3, 2022 Regular Meeting 6
January 5, 2022 Special Meeting 1
January 11, 2022 Special Meeting 2
January 12, 2022 Special Meeting (continued from 01/11/2022) 2 January 18, 2022 Regular Meeting 17
Totals 28
City Clerk’s Office Key Duties January
Public Records Act Requests 2
General Information Requests 25 – 30 per day, average
Ordinances 1
Consent Calendar Item 4b

Resolutions 1
Minutes Prepared 6
Notary Services Provided 0
Claims for Damages Filed 0
FPPC Filings: 2
Legal Publications 0
Notices Posted (Public Hearing, Agenda, Ordinance, etc.) 7

RISK MANAGEMENT / HUMAN RESOURCES DIVISION
Risk Management
On January 21, 2022, risk staff attended the Californian Intergovernmental Risk Authority (CIRA) first annual Board of Director’s meeting. The meeting was held virtually, however, with the expansion of the risk pool, it was great to see all of the cities represented in our new pool! Topics covered included CIRA as Successor Agency for CalPERS Retirement Program, Worker’s Compensation Third Party Administrator, Claims Summary, CIRA’s General Liability Memorandum of Coverage (MOC), Risk Control Report, and Formation of CIRA committees.

City staff will participate on the Worker’s Compensation Committee.

On February 3, 2022, staff attended the CIRA Public Works Safety Series Training via Zoom.

Staff continues to work closely with CIRA and Vector Solutions to implement the City’s new Risk Management training platform. On February 14, 2022, staff attended a meeting with CIRA Risk Manager, Erike Young, to set up the administration of the platform and we are implementing. The week of April 18, 2022, CIRA Risk Manager, Erike Young, will be in Fortuna and Ferndale providing risk assessments for the cities. Staff will provide updates as more information becomes available.

The California Department of Industrial Relations, and CalOSHA’s Emergency Temporary Standards have been updated and were effective as of February 14, 2022. The new masking regulations require unvaccinated employees to wear masks indoors. The regulations also require any employee, regardless of vaccination status, to wear a mask when sharing a City vehicle. The state re-implemented Supplemental Paid Sick Leave (SPSL) for employees that lose work hours due to the effects of COVID-19. The SPSL was made retroactive to January 1, 2022, which makes implementation very challenging. Alice Rye, the City’s Payroll Benefits Administrator has worked very hard in keeping track of leave banks and making SPSL available to employees when applicable. If not for Alice, we would still be trying to catch up! City staff now provides COVID testing for all employees on site at City Hall at no cost to the employee. Chief Casey Day, Lt. Matt Eberhardt, Kendra Bailey, Buffy Gray and myself are all trained and certified to proctor the tests, and this service has allowed staff to assist employees in determining COVID status after any concern of exposure, or testing to return to work after a positive exposure.

The City continues to take all necessary measures to take the spread of COVID-19 seriously, and will continue to make the health and safety of all City employees, their family members and members of the community our priority.

There were two (2) new Worker’s Compensation claims and no new liability/tort claims filed as of January 1, 2022. There are currently two (2) ongoing liability claims.

Staff will continue to work with, George Hills and CIRA to effectively address and close claims and incidents as they arise.

Consent Calendar Item 4b

Date of Claim Type of Claim Status
03/03/2021 Civil Claim In progress
05/20/2021 Civil Claim In progress
Human Resources
Negotiations with bargaining units from the Fortuna Police Employee’s Association and the Fortuna Employee’s Association continued into January and staff anticipates negotiations wrapping up this month. On January 24, 2022, the City Manager held a Strategic Planning Meeting where all Division Heads presented a brief Power Point Presentation on the top struggles and accomplishments for each department over the course of the last year. The meeting was insightful and productive and staff anticipates a special meeting in the future so Division Heads can present to Council.

The City continues to take turn around and recruitments in stride as we continue to face the challenge of attracting qualified candidates to fill open positions. Division Heads and all of their crewmembers are really meeting the challenge of providing training to new employees to allow them the hit the ground running in a safe and practical way.

Current Recruitments:

Parks & Recreation Department:

Conference Center Worker Part-time: Benjamin Cashman started in his new position in January 2022.

Recreation Coordinator Part-time: Sidney Melendy started in her new position in January 2022.

Bus Driver I Part-time: Closes Friday, March 4, 2022
Recreation Leader Part-time: Continuous recruitment
Police Department:

Police Officer Full-time: Open until filled. Currently there are two candidates in the background process.

Community Services Officer – Field CSO Part-time: Open until filled Public Works:

Street Maintenance Worker I Part-time: Riley Collings started in January 2022.

Vehicle & Equipment Mechanic Full-time: Candidate starts in February 2022.

Street Maintenance Worker II Full-time: Closes February 16, 2022.

Utility Worker II/III Full-time: Closes February 25, 2022.

Public Works Director Full-time: Closes March 4, 2022.

Consent Calendar Item 4b

Treatment Plant Operator OIT/I & II Full-time: Closes March 4, 2022.

Treatment Plant Mechanic Full-time: Open until filled

INFORMATION TECHNOLOGY DIVISION
City Website Statistics (www.friendlyfortuna.com)
We encourage all citizens who are interested in receiving updates from the City to go on to the Fortuna’s website and sign up for e-notifications!
Anyone who would like to receive public notices from Public Works, Community Development/Planning, the Police Department or Citywide Press Releases, please visit the website at https://www.friendlyfortuna.com/enotify/index.php and sign up for e-notifications.

Computer/Network
Nylex spent a total of 26.5 hours for the month of January working on various issues throughout the City network. Nylex continues to maintain City networks, servers, hardware and software. The average time Nylex spends working for the City of Fortuna is 30 to 40 hours a month.

RECOMMENDED COUNCIL ACTION:

Receive Administration Division Monthly Report. Consent Agenda vote.

Consent Calendar Item 4c

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Community Development Department Monthly Report for January 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

SIGNIFICANT ACTIVITIES:
 The Building Department’s annual permit summary for 2021 is attached.  Planning Commission activity in January includes:
o Conditional Use Permit approved 1/11/22 to for a Business Sign that Projects Five Feet Over the Public Right-of-Way in the Downtown Retail Commercial (R-C) District; Kim Brown, Cornerstone Realty; 1131 Main Street
o Design Review approved 1/25/22 for a new two-sided 5 foot 4 inch by 11-foot LED marquee sign to replace the existing marquee sign; Ace Hardware; 140 S Fortuna Blvd. o Receive staff presentation on 1/25/22 regarding SB 9 lot splits and 2-unit developments.  In-process long-range planning activities for Community Development include:
o SB2 grant contract underway to implement housing element programs, including ADU, multifamily, design review standards, GIS mapping, improvement standards, and infrastructure. ADU standards were approved by the City Council on November 1, 2021. o Mill District Specific Plan for infrastructure, design standards, and land use planning is underway. Funded by LEAP and Headwaters grants
 Subdivision Activity:
o Adams Major Subdivision (6 multifamily lots/buildings; 36 units): Final map is under City review. Staff is working with applicant to complete steps to record the map (agreements, Council approval, fees, etc.).
o Twin Creeks Planned Unit Development (59 Lots/Units): Final map is ready to record & conditions are met. Council approval scheduled for 2/22/2022. o Fitze Minor Subdivision 12th Street: Applicant preparing parcel map for recordation.

Campbell Minor Subdivision (4 lots and a remainder; Berry Creek and Second Ave):

Improvement plans submitted 12/23/21 for City review. Corrections returned to applicant.

Consent Calendar Item 4c

RECOMMENDED COUNCIL ACTION:

Receive Community Development Monthly Report. Consent Agenda vote.

ATTACHMENTS:
 Building Permit Summary
 Annual Building Department Report 2021

2021
Month
Permits Value / Cost Permits Value / Cost Permits Living Value / Cost Permits Living Value / Cost Permits Value / Cost Permits Value / Cost Issued .of Construction. Issued .of Construction. Issued Units .of Construction. Issued Units .of Construction. Issued .of Construction. Issued .of Construction.

JAN 0 $0.00 1 $231,136.25 0 0 $0.00 0 0 $0.00 1 $80,000.00 14 $150,236.00 FEB 2 $725,000.00 4 $1,762,200.00 0 0 $0.00 2 10 $1,031,000.00 1 $130,000.00 12 $166,282.00 MAR 0 $0.00 2 $37,354.00 0 0 $0.00 0 0 $0.00 7 $162,000.00 16 $212,715.00 APRIL 0 $0.00 1 $120,000.00 1 2 $314,698.00 0 0 $0.00 2 $210,000.00 18 $400,948.00 MAY 0 $0.00 4 $409,700.00 1 1 $185,000.00 0 0 $0.00 2 $62,000.00 25 $228,236.00 JUNE 0 $0.00 0 $0.00 3 3 $1,195,228.00 0 0 $0.00 6 $382,000.00 42 $368,709.00 JULY 0 $0.00 2 $311,428.00 1 1 $323,012.00 0 0 $0.00 2 $378,000.00 17 $200,163.00 AUG 0 $0.00 0 $0.00 3 3 $1,060,099.00 0 0 $0.00 4 $349,900.00 30 $503,548.00 SEPT 1 $500,000.00 1 $452,000.00 3 3 $857,198.00 0 0 $0.00 8 $376,040.00 10 $97,499.00 OCT 0 $0.00 1 $24,200.00 1 2 $314,698.00 0 0 $0.00 0 $0.00 20 $216,217.00 NOV 0 $0.00 1 $230,000.00 2 4 $750,929.00 1 3 $650,000.00 4 $406,175.00 13 $508,228.00 DEC 0 $0.00 1 $134,900.00 3 3 $885,410.00 2 8 $1,100,000.00 3 $115,500.00 10 $149,995.00 Totals 3 $1,225,000.00 18 $3,712,918.25 18 22 $5,886,272.00 5 21 $2,781,000.00 40 $2,651,615.00 227 $3,202,776.00 Total - New Single Family Residence.

TOTAL YEAR OF 2021 311
New Structure Add/Alter/Other Add/Alter/Other Permits
Total - Building Permits Issued.
18 ANNUAL BUILDING DEPARTMENT REPORT FOR THE YEAR - 2021 Residential Miscellaneous / Other
Single Family Multi-Family
Commercial
Total - NEW Living Units. i.e. Residence, Multi-Family, ADU. Manufactured $234,590.51
$238,587.27
43 Total - Construction Value. $19,459,581.25
Fee's Collected - Building Department.

Fee's Collected - PW's Sewer & Water.

Consent Calendar Item 4d

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Finance Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Recognized Obligation Payment Schedule (ROPS):

The City of Fortuna became the Successor Agency to the Former Fortuna Redevelopment Agency after the State dissolved all Redevelopment Agencies back in 2012. As such, the City, as the Successor Agency, must submit an annual Recognized Obligation Payment Schedule (ROPS) to the State Department of Finance (DOF) in order to receive funds to pay down the Former Fortuna Redevelopment Agency’s outstanding obligations.

The ROPS was successfully submitted to the Department of Finance (DOF) on January 31. The DOF requested supporting documentation, provided to the DOF on February 3, to certify the amounts being claimed and will send a final funding determination letter to the City by April. The final funding determination will be incorporated into the annual City Budget and discussed with the Council during the City’s special budget workshops.

Fiscal Year 2021-22 Budget:

Staff presented the mid-year budget review at the February 7 Council Meeting. Conducting this review is the first step in preparing the FY 2022-23 budget. The next steps include staff compiling preliminary revenue estimates and soliciting each departments FY 2022-23 budget requests.

Part of the solicitation of department requests will be a separate list of items each department is requesting to be funded from the City’s transaction and use tax, Measure E. These lists will be presented to the Measure E committee on March 15. The committee then has a follow up meeting scheduled for April 5 to discuss which of those items presented to them will be included in the committee’s recommendation to the City Council. Once staff has compiled this information, a special budget workshop will be scheduled where it will be presented and discussed with the Council. Staff is targeting the beginning of May for the first special budget workshop with Council.

Consent Calendar Item 4d

Measure E Update:

The Measure E committee held a regularly scheduled meeting on January 19, 2022 at 5:30pm. The primary purpose of this meeting was to solicit project ideas and funding input from the public. The committee heard from three public speakers at the meeting as well as two ideas that were submitted prior to the meeting. The committee will consider these public input ideas at the April Measure E regular meeting after staff have had the opportunity to put a cost estimate to the proposed projects.

The Measure E committee’s next regularly scheduled meeting is set for March 15, 2022 at 5:30pm.

The primary purpose of this meeting will be for the committee to receive funding proposals from City Departments.

List of Measure E items funded this month:
 (2) Police Detective Positions
 Community Services Officer Position
 Parks and Recreation Director Position
 Recreation Program Supervisor Position
 Transit Trips to Eureka for Seniors
 PT Code Compliance Officer Position
 Code Compliance Violation Site Cleanups
 Illegal Camp Coordination and Assistance
 K-9 Program
 Storm drain Maintenance Projects
 Police Facility Project
An activity log displaying important Finance data is attached for informational purposes.

RECOMMENDED COUNCIL ACTION:

Receive Finance Department Monthly Report. Consent Agenda vote.

ATTACHMENTS:
 Finance Staff Activity Log for January 2022
 Quarter 3 2021 Sales Tax Update
City of Fortuna
Finance Department
Fiscal Year 2021/22
Finance Department August September October November December January Activity Log 2021 2021 2021 2021 2021 2022
Payroll Checks Issued: 203 189 281 190 264 204
Accounts Payable Checks Issued: 232 253 203 225 248 199 Number of Invoices Processed: 436 488 433 425 501 384
CDBG Loan Payments/Payoff 0 0 0 0 0 0
# Telephone Calls 2297 2283 2094 1943 1574 1696
Avg Daily 104 109 100 97 75 100
Daily Walk-in Customers
Utility 948 842 878 820 518 580
Bldg 68 72 72 58 38 46
Plan 37 51 42 32 19 29
Other 79 86 57 36 23 28
Total: 1132 1051 1049 946 598 683
Average Daily Walk-in Customers 51 50 50 47 28 40
Monthly Bills 4562 4574 4571 4577 4579 4583
Reminder Notices 471 410 447 417 503 552
Shut Off Notices Mailed 240 233 269 249 309 331
Shut Offs 0 0 0 0 0 0
Ebills - Bills sent via email 353 357 357 359 361 385
Utility Bills paid online 1039 1052 1097 1065 1101 1117 % of Utility bills paid in person 21% 18% 19% 18% 11% 13% Public Works Calls Dispatched: 97 97 101 93 84 81
Avg Service Calls 92.2
Utility Billing Aging Report Total Bal Current 30 Days 60 Days 90 Days $ 582,072 $ 461,021 $ 84,133 $ 21,502 $ 15,417

79.2% 14.5% 3.7% 2.6%
79%
14% 4% 3%
Utility Accounts Aging
Current
30 Days
60 Days
90 Days
www.hdlcompanies.com | 888.861.0220
Q3 2020*
Q3 2021*
Legend
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
SALES TAX BY MAJOR BUSINESS GROUP *Allocation aberrations have been adjusted to reflect sales activity County
and State
Pools
Fuel and
Service
Stations
Building
and
Construction
Restaurants
and
Hotels
Autos
and
Transportation
Food
and
Drugs
Business
and
Industry
General
Consumer
Goods
CITY OF FORTUNA HIGHLIGHTS TOP 25 PRODUCERS
Published by HdL Companies in Winter 2022
Ace Hardware & Garden
Beverage Plus Foods
Cigarette Payless
Eel River Brewing
Forbusco Lumber
Fortuna Chevron
Fortuna Gas 4 Less
Gary Crivellos Cars
Grocery Outlet
Hummel Tire & Wheel
Les Schwab Tire Center
McDonalds
Mercer Fraser
O’Reilly Auto Parts
Peterson Tractor
Ray’s Quality Cars
Rite Aid
Safeway
Sequoia Gas
Sunbelt Rentals
Tractor Supply
Valley Pacific Petroleum
Services
Village Sport & Cycle
Walgreens
Wyckoff Plumbing

SALES TAX UPDATE

CITY OF FORTUNA
3Q 2021 (JULY - SEPTEMBER)
Fortuna’s receipts from July through
September were 10.8% above the third
sales period in 2020. Excluding reporting
aberrations, actual sales were the same
at 10.8%.

Economic recovery from year-ago
pandemic impacts was evidenced in
quarterly comparisons.

Travelers spent more time on streets
and highways; greater consumption of
gallons at inflated pump prices caused a
43% bounce back in fuel-service stations.

This group also benefited from direct
allocation reporting which commenced
January 2021. Casual diners welcomed
in many more patrons. Quick-service
eateries also reported better sales.

Autos-transportation remitted hearty
returns. Building construction was a
mixed bag; while contractors captured
an 80% surge as summer activity was
booming, demand for higher cost building
materials declined. Cyclically based
sales by garden/agricultural supplies fell
lower which contributed to the overall
reduction by the business-industry
group. Aided by COVID recovery in
general retail, restaurants and resident’s
acquisition of more vehicles,
Measure E posted a solid quarter as
noted in the blue bar figures presented
above.

TOTAL:

6.4%
$522,192
Measure E
TOTAL: $ 603,827

10.8% 4.7% 18.3%

COUNTY STATE

FORTUNA
3Q2021

TOP NON-CONFIDENTIAL BUSINESS TYPES
Q3 '21
Fortuna
Business Type Change Change Change
County HdL State
Service Stations 77,402 25.8% 20.2% 53.6%
Casual Dining 45,850 22.4% 40.5% 68.3%
Contractors 37,783 80.5% 17.1% 12.2%
Automotive Supply Stores 35,329 0.9% -2.7% 4.5%
Garden/Agricultural Supplies 26,844 -27.8% -22.1% 1.2%
Quick-Service Restaurants 23,565 15.9% 4.1% 13.5%
Electronics/Appliance Stores 16,221 -3.6% 4.7% 19.7%
Convenience Stores/Liquor 16,166 -1.0% -9.1% -0.3%
Auto Repair Shops 12,579 14.3% 6.6% 15.3%
Specialty Stores 2,665 8.7% 2.8% 21.4%
*Allocation aberrations have been adjusted to reflect sales activity $0
$1,000
$2,000
$3,000
$4,000
Fortuna
Q3
18 Q3
21 Q3
19 Q3
20 County California
SALES PER CAPITA*
*ADJUSTED FOR

ECONOMIC DATA
3Q 2021 CITY OF FORTUNA SALES TAX UPDATE

STATEWIDE RESULTS
Local one cent sales and use tax receipts
for sales occurring July through September
were 18% higher than the same quarter
one year ago after adjusting for accounting
anomalies and back payments from
previous quarters. These aberrations had
been much greater than normal in the last
two years as the Governor’s Executive
Orders allowed businesses to defer some
sales tax payments as a supportive measure
during the pandemic. This program has
now expired, and merchant remittances are
more consistent, making cash receipts more
reflective of underlying economic activity.

The prior year comparison quarter was the
start of the pandemic recovery, and the
strong growth enjoyed since continued
with the recent results.

Surprisingly, one of the stronger sectors
has been restaurants and hotels. Originally
forecasted to take an extended amount
of time to recover, statewide sales tax
generated during the summer months
exceeded amounts from pre-pandemic
2019. Even with the availability of indoor
and outdoor dining, pent up demand
resulted in long wait times to enjoy local
culinary experiences. When combined
with increasing restaurant tabs as the
cost of food and staff wages surge, sales
tax remittances are expected to continue
growing. Additionally, while the industry
awaits the return of foreign tourism in
metropolitan areas, strong domestic travel
has helped varied regions around the state
especially Southern California and the
Central Coast.

Receipts from general consumer goods
marked a steady recovery, led by apparel
retailers, jewelry, electronic/appliance and
specialty outlets. Discount department
stores, especially those selling gas, helped
exemplify the strength of brick-and-mortar
merchants. Gains from the countywide use
tax pools however, slowed to 2% compared
to the high-water mark last year, which
had been boosted by new tax collecting
requirements imposed under AB 147 for
online retailers. All things considered, when
combined with positive economic trends,
these are a welcome sign leading up to the
holiday shopping period.

Although car dealers had expressed
concerns about inventory shortages due
to supply chain disruptions and computer
chip shortages earlier in the year, the sale
of new and used vehicles posted solid gains
regardless. Higher property values and good
weather contributed to strong building
materials and contractor returns. As
commuting workers and travelers returned
to the road with increased gas prices, fuel
and service stations also experienced a
dramatic recovery.

Overall growth is expected to continue
through the end of the 2021 calendar year.

Possible headwinds into 2022 include:
pent up demand for travel and experiences
shifting spending away from taxable goods;
higher prices for fuel, merchandise and
services displacing more of consumer’s
disposable income; and expected interest
rate hikes resulting in more costly financing
for automobiles, homes, and consumer
loans.

Consent Calendar Item 4e

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Cameron Mull, Director of Parks & Recreation
THROUGH: Merritt Perry, City Manager
SUBJECT: Parks & Recreation Monthly Report for January 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Director’s Report
 Planning is underway for the development of the newly acquired 8.4-acre parcel for a Newburg Park expansion. A new conceptual design will be generated by a landscape architect that may include phase 1 plans for grading of open fields, proper drainage & runoff, possible parking area, and trails (with assistance from the California Conservation Corps). This process will give the City an updated Master Plan for Newburg Park to include recreational features that Fortuna citizens requested from public outreach that was performed in 2019. Consultants are also reviewing the topographic layout of the new acreage for optimizing the future planning of the open space so it can be utilized by the public as soon as possible.
 Two grants were submitted on January 20th to California State Parks for the same project, which would be the development of a possible 7+ acre river front park situated between Riverwalk Drive and the Eel River. One grant was submitted by the City for the Proposition 68 Rural Recreation and Tourism (RRT) grant, and another on behalf of the Rohner Community Recreation and Park District (RCRPD) for the Regional Park Program (RPP).

If awarded the $2.8 million requested (each grant), the project would include a plaza/event area, playground, art & interpretive area, fenced dog park, paved ADA accessible trails, bathrooms, and river overlooks.
 The regularly scheduled RCRPD monthly meeting was held on 1/5, in which a proposal and scope of work was reviewed by a consultant for a Benefit Assessment District (BAD) process, which will be funded by Measure E. The desire is to complete the BAD in conjunction with identifying a funding source to construct an aquatic facility in Fortuna, in which the BAD could fund the operation and maintenance of said facility, once constructed & if passed by voters/ parcel owners within the RCRPD boundary. Further grant opportunities were discussed for construction of the aquatic facility, since the RCRPD was not awarded a Prop 68 Statewide Park Program (SPP) grant for an $8.3 million facility project.

Consent Calendar Item 4e

Parks & Facility Maintenance
 All holiday decorations at the Depot Museum and River Lodge were removed and placed back into storage
 Broken soap dispensers were replaced and others re-installed after multiple vandalism incidences in all public bathrooms
 The projector screen in the Steelhead Room at the River Lodge was repaired after malfunctioning
 Prep work was completed at the Rohner Park cookshack, horseshoe/bocce court restrooms, and Newburg Park restrooms for a new application of a floor epoxy  Priming and painting of the new floor epoxy was completed at the Rohner Park cookshack, horseshoe/bocce court restrooms, and Newburg Park restrooms  New spindles on the Monday Club front porch were replaced due to damage, as well as replacement of all burned-out entry stairwell bulbs
 Herbicide was applied at the Newburg Park Bike Park to inhibit growth, damage to the blacktop surfacing
 Herbicide was applied on the Fortuna Blvd medians around all valve boxes, sign posts, trees, curb edges, and curb and gutter seams
 With dry weather, infield work was performed at both of Newburg Park’s softball fields  Prep work was completed for the start of the Hot Shots basketball program. This included safety inspections on the feet on 100 chairs for the Firemen’s Pavilion floor, and proofchecking the moveable and drop down hoops hardware and straps Depot Museum
January’s visitation total at the Fortuna Depot Museum was 128 people. By comparison, recent years’ January visitation totals (pre-COVID) were: 2020: 159, 2019: 194, 2018: 153, 2017: 150, 2016: 184, 2015: 251, 2014: 198, 2013: 194, 2012: 213, 2011: 230, 2010: 160. In January 2021, we welcomed California visitors from Eureka, Ferndale, Fortuna, McKinleyville, Oakhurst and Rio Dell, as well as out-of-state visitors from Nevada, Oregon and Wisconsin.

Fortuna Transit
Passengers on the Fortuna Transit Bus totaled 613 trips during the month of January 2022. The lift was used for non-wheelchair riders 61 times and 50 times for wheelchair trips. The Fortuna Transit had 6 new riders during the month of January. The Eureka medical trips on Tuesdays have been going well averaging around 3-5 riders.

January 2021 January 2022 YTD ~ July 2020 – June
2021
YTD ~ July 2021 –
January 2022
# of passengers 525 613 7444 4693
Total Miles 1452 1757 22481 15507
Service Miles 1357 1638 20834 14004
Hours Worked 165 209.5 2608.75 2009.5
Service Hours
Worked 140.75 179 2220.25 1672.25
Consent Calendar Item 4e

Sports, Classes and Facility Rentals
Results Fit Camp continues holding classes in the Pavilion, the cook shack/picnic area was rented 2 times and the Rohner Rec Hall was used 10 times during the month of December. Redwood Prep School continues basketball practices in the Pavilion.

Hot Shots Youth Basketball sign-ups ended Dec 30th with 362 youth signed up and 42 volunteer coaches. There are 16 Kindergarten – 2
nd grade boy’s teams, 8 Kindergarten – 2nd grade girl’s teams, 8 3rd/4th grade girl’s teams and 10 3rd/4th boy’s teams. This count is the largest registration enrollment in the program’s history.

Skating Rink
The Fortuna Skating Rink continues to operate Public Skate Friday & Saturday nights, as well as Sunday afternoons. Private parties had limited availability in January, as the Pavilion was used for Hot Shots Skills & Drills Clinics on Saturday mornings. The rink was closed for skating on the last Saturday of the month (1/29) as the Hot Shots youth basketball program had games scheduled in the facility all day. This will continue to be the case for Saturdays through March 5th. Over the course of the month, the skating rink hosted 13 private parties with 267 attendees, and in addition to the 967 skaters that attended public skate, hosted an overall total of 1,234 skaters in the month of January.

Recreation Programs
The Recreation Department spent much of January planning for the Hot Shots Youth Basketball program for youth in Kindergarten through 4th grade. Registration was open until the end of December, and by the time registration closed had a total of 362 children signed up. Skills & Drills Clinics for registered players were also planned and implemented for the first three Saturdays in January, to provide practice and skill development before games started on January 29th. There was a high turnout for all of the Skills & Drills Clinics, with approximately 40-80 kids per session.

Game play for the Hot Shots season began on the last Saturday of the month (1/29).

Drop-in volleyball on Sunday evenings continued throughout the month. Attendance ranged from 6 - 13 players per night. Our drop-in basketball program also continued throughout the month on Thursday evenings. Attendance ranged from 7 - 20 players per night.

January was also spent planning and developing the Presidents Week Break Camp, which will take place the third week of February, with registration to open up at the beginning of February.

Community Service
The Parks & Recreation Department had 4 people signed up to perform Community Service, and workers completed 10.5 hours in the month of December. The Community Service Work Program is a big part of the parks’ success. The workers help with trash pickup and various basic maintenance projects in Rohner and Newburg Parks, the River Lodge, and other Parks-maintained spaces throughout the City. Since the program started in 1997, there have been 52,548 service hours completed in the throughout the City of Fortuna.

RECOMMENDED COUNCIL ACTION:

Consent Calendar Item 4e

Receive Parks & Recreation Department Monthly Report. Consent Agenda vote.

Consent Calendar Item 4f

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Police Department Monthly Report for January 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

Patrol Statistics:

During the month of January 2022, the Fortuna Police handled 1,444 calls for service of which 290 of the incidents were “officer initiated”. 37 total arrests were made during the month of January, including 11 felony arrests and 26 misdemeanor arrests. A total of 32 citations were also issued for traffic offenses and/or misdemeanor violations. Crime statistics and information on calls for service can be found at forpd.crimegraphics.com.

Staffing:

Staffing levels were impacted during the month of January. The police department is working diligently to replace existing vacancies which include:
 Two sworn police officer positions, and
 One part time Community Service Officer.

It should be noted, the officer who was previously in background with another agency has withdrawn and elected to stay employed with the Fortuna Police Department. Another currently employed police officer is scheduled to resign in February/March 2022. One police officer candidate is nearing the end of the pre-employment background investigation and will be scheduled for the Field Training Program sometime in February.

COVID-19:

During the month of January, six police employee’s tested positive for COVID-19. All six employees have since made full recoveries and have returned to work.

Employee of the Month:

During the month of January, Police Officer J.J. Mullen received the department’s “Employee of the Month” award for his hard work and commitment to the department and the community.

RECOMMENDED COUNCIL ACTION:

Receive Police Department Monthly Report. Consent Agenda vote.

Consent Calendar Item 4g

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, Public Works Director/City Manager SUBJECT: Public Works/Engineering Department Monthly Report STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

City Engineer
City Engineers January activity will be in the February report.

Utilities Division- Utility Lead
Service Calls
In the month of January, the utilities division completed 81 service calls by operators.

The team also completed 28 mark and locates with one missed mark, luckily the contractor was careful and this missed mark resulted in no broken utilities.

Distribution System
The Utility team changed out 16 dead meters this month, this number is down from past months and is a trend I hope continues. Water leaks were almost nonexistent in January, but we did have one. I think it took a while to surface from the big earthquake. It was a two inch cast iron main Connect Disconnect Occupant Change Service Action
Series1 16 13 10 42
Connect
Disconnect
Occupant Change
Service Action
0 5
10 15
20 25
30 35
40 45
SERVICE CALLS FOR JANUARY 2022
Consent Calendar Item 4g

leaking four gallons a minute from a joint. The utilities team added two new services to the system this month.

The team inspected backflow devices prior to the deadline at the end of February, and are nearly finished entering data. The hydrant flow data was entered and a copy has been sent to Fire Chief Russ Brown for their yearly report.

Collections System
There were four sewer backups that that did not result in any spills. The utility crew also rodded and cleaned over 11,000 feet of sewer lines as preventive maintenance.

Water Treatment/Wastewater Division- Chief Plant Operator Tesla Battery System Operation: PG&E granted the Tesla
battery system at the WWTP permission to operate late in the month. It is now fully active and online. At times of peak energy demand, electricity usage automatically
switches over to battery power. The batteries charge during off-hours. This will eventually amount to significant
savings on the plant’s energy bill.

Cybersecurity: Nylex inspected the City’s water and
wastewater SCADA system to ensure the utmost
cybersecurity. This is in response to recent cyber threats from Russian state-sponsored hackers on the nation’s
critical infrastructure, according to government authorities.

Well 5B:

Cascade
Drilling Company and GHD Engineering
completed flushing and drawdown tests of the
Well 5 replacement well at the Corrosion
Control Facility. City staff took water quality
samples to send off to contract laboratories. The
next step is to construct the wellhead and its
enclosure, as well as to plumb in new piping and
electrical connections.

Palmer Creek CSD Meeting: City staff met with
the operator and board members of the Palmer
Creek CSD to begin reviewing the contract agreement between the District and the City. This document dictates sewer discharges and rates. Both parties desire an update to the agreement, which is more than 30 years old.

Date GPM Days leaked Total
01/20/22 Top of Newell Dr 2'' CI 4 5 36,000
Location Pipe type
Consent Calendar Item 4g

Wastewater Treatment
Wastewater Events & Maintenance Tasks Completed:
 Replacement of the colorimeter assembly on the Cl17 chlorine residual analyzer.  Replacement of the cyclone grit classifier gearbox and inspection of its screw.  Replacement of an exterior hose bib and a piping
repair at the Strongs Creek lift station.
 Completed pumping out and cleaning of the “Oasis”
tank.
 Cleaned out the digester’s heat exchanger and
associated check valves; also rehabilitated one of the
heat exchanger recirculation pumps.
 Cleaned out the chlorine contact basins and recycled
water hydro pneumatic tank.
 Assisted the Utilities staff in testing all of the WWTP backflow prevention devices.
 Completed the Annual Biosolids Report for the EPA
and the annual Volumetric Water Data report for the
Water Boards.
 A professional service technician visited the plant and verified the calibration on the influent and main
effluent flowmeters.

Water Treatment
The following tables and charts show January potable water production data for the past five years, and compare them to the benchmark month of July 2013, which was 42.000 MG. 0 10
20 30
40 50
60 70
0 1
2 3
4 5
2018 2019 2020 2021 2022
Total Flow, MG
Flow, MGD
January WWTP Effluent Flow
Total Monthly Flow, MG MAX Daily Flow, MGD AVG Daily Flow, MGD January WWTP Effluent Flow 2018 2019 2020 2021 2022
Total Monthly Flow, MG 48.479 57.696 62.590 47.066 39.600 Maximum Daily Flow, MGD 3.261 4.405 3.319 3.167 2.300
Average Monthly Flow, MGD 1.564 1.861 2.019 1.518 1.277 January Water Production 2018 2019 2020 2021 2022
Total Production, MG 30.301 29.091 31.448 29.017 29.982 Consent Calendar Item 4g

Water Events & Maintenance Tasks Completed:
 Completed the Annual Water Rights report for the
State Water Boards.
 Replacement of a flow-regulating valve at the Home
Ave booster pump station.
 Exercising of emergency generators at multiple
booster pump stations.
 Installation of a new pump impeller in one of the three pumps at the Drake Hill hydro pneumatic pump
station.
 Replacement of expansion joints at multiple booster
pump stations.
 Preparation work for replacing the main flowmeter
(plus spool) at the CCF.
 Work on unclogging a floor drain in the Well #2
pump house.

General Services and Streets - General Services Superintendent Scheduled Assignments
-35
-30
-25
-20
-15
-10
-5
0 5

27.5 28

28.5 29

29.5 30

30.5 31

31.5 32
2018 2019 2020 2021 2022
% Difference & Flow, MGD
Production, MG
January Potable Water Production
Production Max Daily Avg Daily Difference from Benchmark Maximum Daily, MG 1.267 1.273 1.134 1.257 1.294
Average Daily, MG 0.977 0.938 1.014 0.936 0.967
Percent Difference from
Benchmark Month, %
-27.85% -30.74% -25.12% -30.91% -28.61%
Consent Calendar Item 4g

 Staff removed the Christmas decorations and
banners from the streetlights on Main Street.
 Staff removed the failed redwood benches at
multiple corners on Main Street. Staff
assembled and replaced benches with new
redwood at those locations.
 Staff assisted with traffic control on two
resurfacing tasks with the Annual Paving
Contractor, Mercer Fraser.
 Staff provided advanced notification to the
public, residences and businesses to the
affected areas of the resurfacing tasks. The
first area was located on Rohnerville Road in
between the PG&E yard and the bridge at
Strongs Creek. The second area was on
Kenwood Road in between Freedom Court
and Rohnerville Road. Both resurfacing tasks
took a day for each.
 Staff raised water valve boxes on Kenwood Road after the completion of the paving task.  The Annual Striping Contractor, Apply-A-Line, was available the following week to apply traffic markings to the new pavement as well as reapplying worn or faded markings in other locations around the City.
 Staff fabricated and finished the concrete
channel portion of the Drake Hill drainage
ditch for animal and pedestrian safety.
 Staff prepared and painted the office in the
Administration Building. Staff then removed
the worn carpet and replaced with a laminate
flooring.
 The City acquired a new vacuum truck at the
beginning of the month. To assist in the
purchase of the new vehicle, City was awarded
a USDA grant in the sum of $273,500. Staff
was included with the Utilities staff in the
training of the vehicle.

General Service’s staff is available and responsive to
the citizens of Fortuna’s request as they arise.

New grate at Drake Hill Road Pump Station
RECOMMENDED COUNCIL ACTION:

Receive Public Works Department Monthly Report. Consent Agenda vote.

Consent Calendar Item 4h

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Jennifer Lourenzo, Conference Center Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: River Lodge Conference Center and Fortuna Monday Club Monthly Report for January 2022
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The River Lodge and Monday Club held a total of 18 events in the month of January. Events included 9 meetings, 4 baby showers, a memorial, and a therapy group session. COVID testing through the Department of Health & Human Services took place on 3 days, with vaccinations offered on 2 of those days.

January was impacted by the high number of COVID cases in Humboldt County. We had several events either cancelled or rescheduled.

RECOMMENDED COUNCIL ACTION:

Receive River Lodge & Monday Club Monthly Report. Consent Agenda vote.

Consent Calendar Item 4i

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for February 10, 2022 and February XX, 2022 STAFF RECOMMENDATION:

Receive staff report of disbursements that were processed for the City of Fortuna and the Successor Agency (Fortuna Redevelopment Agency) if applicable, as an informational item only.

REPORT OF DISBURSEMENTS:

Disbursement was processed as follows:
 February 10, 2022 $ 144,818.18
 February 16, 2022 $ 25,866.92
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for February 10, 2022
 Disbursements Detail Report for February 16, 2022
Amount
72824 02/10/2022 ENGINEERED FIRE SYSTEMS, INC18248 Fire Plan Review 375 2/10/2022 1:54:12 PM Page 1 of 7
72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W FEB22PW Water Cooler Rental - Public Works FY 21/22 10 72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W FEB22PW Water Cooler Rental - Public Works FY 21/22 10 72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W FEB22WW Water Cooler Rental - WWTP FY 21/22 14 72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W 36629 Water Delivery - Public Works 18 72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W 36663 Water Delivery - Parks 18 72823 02/10/2022 CRYSTAL SPRINGS BOTTLED W FEB22PO Water Cooler Rental - Parks FY 21/22 14 72821 02/10/2022 CODE PUBLISHING COMPANY CG0006287 Municipal Code Update 360 72821 02/10/2022 CODE PUBLISHING COMPANY GC00115678 Annual Web Fees 480 72822 02/10/2022 CRENSHAW, TIMOTHY 020222 DMV Class B Permit Reimbursement 85 72819 02/10/2022 CIRA INV-1223 Work Comp Deductible 2344.31 72820 02/10/2022 CO OF HUMBOLDT AUDITOR 013122 January Parking Fees 55 72820 02/10/2022 CO OF HUMBOLDT AUDITOR 013122 January Parking Fees 7.5 72818 02/10/2022 CASCADE DRILLING 12248623 CCF Well 5 Retention -688.13 72818 02/10/2022 CASCADE DRILLING 12248623 CCF Well 5 13074.37 72818 02/10/2022 CASCADE DRILLING 12248623 CCF Well 5 Retention 688.13 72814 02/10/2022 AT&T 9011 17725169 9391061228 83.08
72816 02/10/2022 BLAKELY, SANDY 013122 Planning Commission 1.11 & 1.25 60 72817 02/10/2022 BRADLEY, KEVIN 013122 Planning Commission 1.11 & 1.25 60 72814 02/10/2022 AT&T 9011 17716540 9391062012 40.41
72814 02/10/2022 AT&T 9011 17725168 9391061226 166.16
72814 02/10/2022 AT&T 9011 17725169 9391061228 83.08
72814 02/10/2022 AT&T 9011 17716538 9391062010 74.58
72814 02/10/2022 AT&T 9011 17716538 9391062010 138.51
72814 02/10/2022 AT&T 9011 17716539 9391062011 32.42
72814 02/10/2022 AT&T 9011 17716512 9391061253 16.43
72814 02/10/2022 AT&T 9011 17716537 9391062009 78.35
72814 02/10/2022 AT&T 9011 17716537 9391062009 145.52
72814 02/10/2022 AT&T 9011 17716510 9391061251 101.31
72814 02/10/2022 AT&T 9011 17716511 9391061252 232.42
72814 02/10/2022 AT&T 9011 17716512 9391061253 82.1
72814 02/10/2022 AT&T 9011 17716505 9391061221 22.24
72814 02/10/2022 AT&T 9011 17716508 9391061249 35.43
72814 02/10/2022 AT&T 9011 17716509 9391061250 15.55
72814 02/10/2022 AT&T 9011 17716503 9391061219 21.42
72814 02/10/2022 AT&T 9011 17716503 9391061219 21.43
72814 02/10/2022 AT&T 9011 17716504 9391061220 42.79
72814 02/10/2022 AT&T 9011 17716499 9391061214 22.24
72814 02/10/2022 AT&T 9011 17716501 9391061217 22.24
72814 02/10/2022 AT&T 9011 17716502 9391061218 63.36
72814 02/10/2022 AT&T 9011 17716494 9391061209 145.6
72814 02/10/2022 AT&T 9011 17716497 9391061212 22.24
72814 02/10/2022 AT&T 9011 17716498 9391061213 232.52
72814 02/10/2022 AT&T 9011 17701666 9391062538 70.16
72814 02/10/2022 AT&T 9011 17703726 9391069537 1019.08
72814 02/10/2022 AT&T 9011 17716493 9391061208 22.24
72814 02/10/2022 AT&T 9011 17701403 9391061237 108
72814 02/10/2022 AT&T 9011 17701404 9391061238 166.16
72814 02/10/2022 AT&T 9011 17701407 9391061243 158.6
72813 02/10/2022 ASAP LOCK & KEY 21665 Padlocks - Parks 97.65 72813 02/10/2022 ASAP LOCK & KEY 21669 Key Copies - General Services 16.28 72814 02/10/2022 AT&T 9011 17701403 9391061237 58.16
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/10/2022 - 2/10/2022
Payment NumberPayment Date Vendor Name Payable Number Description (Item) 72812 02/10/2022 ACCESS HUMBOLDT 1793 Televised City Council Meetings FY 21/22 195.48 72812 02/10/2022 ACCESS HUMBOLDT 1794 Televised Planning Comm Meetings FY 21/22 198.45 Amount
72848 02/10/2022 NORTH COAST JOURNAL 202291881 Comm Service Officer Recruitment Advertising 122 72848 02/10/2022 NORTH COAST JOURNAL 202292423 Street Maint Worker Recruitment Advertising 50 2/10/2022 1:54:12 PM Page 2 of 7
72847 02/10/2022 NORMAN'S DRY CLEANERS 69270 River Lodge Linen Service 29.67 72847 02/10/2022 NORMAN'S DRY CLEANERS 69270 River Lodge Linen Service 32.65 72848 02/10/2022 NORTH COAST JOURNAL 202291878 Comm Service Officer Recruitment Advertising 50 72846 02/10/2022 NAPA AUTO PARTS FORTUNA 6608 Vehicle Repair - Transit 14.57 72846 02/10/2022 NAPA AUTO PARTS FORTUNA 6776 Vehicle Repair - WWTP 78.36 72846 02/10/2022 NAPA AUTO PARTS FORTUNA 6938 Equipment Maintenance - Parks 39.41 72844 02/10/2022 MISSION LINEN INDUS SERV 516364499 Parks/Rink Linen Service 66.94 72845 02/10/2022 MUNICIPAL MAINTENANCE EQU 166895-IN Safety Plaque for Unit 223 182.3 72845 02/10/2022 MUNICIPAL MAINTENANCE EQU 167113-IN Water Gun for New Truck 1931.39 72844 02/10/2022 MISSION LINEN INDUS SERV 516364486 Corp Yard Linen Service 55.36 72844 02/10/2022 MISSION LINEN INDUS SERV 516364486 Corp Yard Linen Service 47.96 72844 02/10/2022 MISSION LINEN INDUS SERV 516364487 Wastewater Linen Service 107.03 72843 02/10/2022 MENDES SUPPLY INC M222975 01 01 Trash Liners - Parks 74.24 72843 02/10/2022 MENDES SUPPLY INC M223592 Janitorial Supplies - Parks 346.66 72843 02/10/2022 MENDES SUPPLY INC M223592 Janitorial Supplies - Parks 149.09 72841 02/10/2022 KEIN, MICHAEL 013122 Planning Commission 1.11 & 1.25 60 72842 02/10/2022 MAD RIVER COMMUNITY HOSPITAL10538082001CB Collings Pre-employment Physical 333.57 72842 02/10/2022 MAD RIVER COMMUNITY HOSPITALA0082644 Cashman Pre-employment Physical 393.75 72838 02/10/2022 IDEXX DISTRIBUTION, INC 3099442552 Lab Supplies 1750.15 72839 02/10/2022 INFORMATION TECHNOLOGY fpd22 CLETS/CLEWS Annual Network Fees 5000 72840 02/10/2022 JACOBS ENGINEERING GROUP INCW8Y10900-012 NPDES Compliance Engineering 17726.13 72836 02/10/2022 HUMBOLDT VETERINARY MEDICAL GRP 378443 Vet Services 190 72836 02/10/2022 HUMBOLDT VETERINARY MEDICAL GRP 378956 Puppy Meds 5 72837 02/10/2022 HUMMEL TIRE & WHEEL 261468 Equipment Maintenance - Parks 18.39 72833 02/10/2022 HUMB CO DEPT OF HEALTH & HUMAN SRVS 63395 Home Ave Pump ID PT0008364 CUPA Charge 84 72834 02/10/2022 HUMBOLDT PETROLEUM 90936 Car Wash Services - PD 8 72835 02/10/2022 HUMBOLDT TERMITE & PEST C 450552 Pest Services - WWTP FY 21/22 56 72832 02/10/2022 HORIZON BUSINESS PRODUCTS 245461 Shipping Service - PD 13.23 72833 02/10/2022 HUMB CO DEPT OF HEALTH & HUMAN SRVS 63111 Home Ave Pump ID PT008364 Haz Waste Fee 321.05 72833 02/10/2022 HUMB CO DEPT OF HEALTH & HUMAN SRVS 63248 Home Ave Pump ID PT008364 HazMat Fee 10 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72832 02/10/2022 HORIZON BUSINESS PRODUCTS 245330 Lab Supplies 47.43 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 40 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72830 02/10/2022 HALLEY, STEPHANIE 013122 Planning Commission 1.25 30 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72831 02/10/2022 HEALTHSPORT 020122 February Gym Memberships 20 72828 02/10/2022 GHD INC 380-0008360 WELL 5 REPLACEMENT PLANS & SPECS 4036.25 72828 02/10/2022 GHD INC 380-0008362 Kenmar/101 Interchange Improvement Project 12913.72 72829 02/10/2022 GROCERY OUTLET 40725522182246 Catering Supplies - River Lodge 61.79 72827 02/10/2022 FORTUNA ACE HARDWARE 339379 Supplies - Parks 74.8 72828 02/10/2022 GHD INC 380-0006368 Redwood Way Engineering Services - Phase I 10953.15 72828 02/10/2022 GHD INC 380-0007542 NPDES Compliance Project 111.25 72827 02/10/2022 FORTUNA ACE HARDWARE 339254 Supplies - River Lodge 10.26 72827 02/10/2022 FORTUNA ACE HARDWARE 339324 Supplies/Bldg Maintenance - Parks 37.92 72827 02/10/2022 FORTUNA ACE HARDWARE 339324 Supplies/Bldg Maintenance - Parks 238.68 72827 02/10/2022 FORTUNA ACE HARDWARE 339218 Tools - Utilities 78.72 72827 02/10/2022 FORTUNA ACE HARDWARE 339235 Supplies - Parks 150.19 72827 02/10/2022 FORTUNA ACE HARDWARE 339254 Supplies - River Lodge 17.34 72827 02/10/2022 FORTUNA ACE HARDWARE 339187 Vandalism Repair Supplies 39.85 72827 02/10/2022 FORTUNA ACE HARDWARE 339209 Supplies - WWTP 109.54 72827 02/10/2022 FORTUNA ACE HARDWARE 339213 Supplies - WWTP 31.45 72825 02/10/2022 EUREKA BROADCASTING INC 22010354 Law Enforcement Day Advertising 50 72825 02/10/2022 EUREKA BROADCASTING INC 22010355 Law Enforcement Day Advertising 50 72826 02/10/2022 FEDEX 7-643-75680 Shipping Service - Lab 81.86 Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 72825 02/10/2022 EUREKA BROADCASTING INC 22010353 Law Enforcement Day Advertising 75 Amount
72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses -21.09 2/10/2022 1:54:12 PM Page 3 of 7
72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 38.44 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 22.49 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 14.99 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 20 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 1493.17 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 1875 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 153.73 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 59.54 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 20 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 146.05 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 19.6 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 939.1 72865 02/10/2022 TRACTOR SUPPLY CREDIT PLA 404377 Dog Food - K9 Cain 43.39 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 69.36 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 957.15 72863 02/10/2022 SYAR INDUSTRIES INC 863490 Asphalt 227.26 72864 02/10/2022 TELSTAR INSTRUMENTS, INC 110713 NH3 Ejector - WWTP 1262.95 72865 02/10/2022 TRACTOR SUPPLY CREDIT PLA 404376 Dog Food - K9 Blitz 43.39 72862 02/10/2022 SUDDENLINK FEB22PO Internet Service - Parks FY 21/22 236.37 72862 02/10/2022 SUDDENLINK FEB22RL Internet Service - River Lodge FY 21/22 103.45 72863 02/10/2022 SYAR INDUSTRIES INC 863490 Asphalt 909.04 72862 02/10/2022 SUDDENLINK FEB22CH Internet Service - PD/City Hall FY 21/22 58.36 72862 02/10/2022 SUDDENLINK FEB22CH Internet Service - PD/City Hall FY 21/22 58.36 72862 02/10/2022 SUDDENLINK FEB22CH Internet Service - PD/City Hall FY 21/22 58.36 72860 02/10/2022 SHN CONSULTING ENG & GEOL 112104 CCO #1 9778.24 72861 02/10/2022 SPRINGVILLE SAFETY & SUPPLY 40034 Supplies - WWTP 154.94 72862 02/10/2022 SUDDENLINK FEB22CH Internet Service - PD/City Hall FY 21/22 58.37 72858 02/10/2022 SEQUOIA GAS STATION 44302 Equipment Fuel 40.69 72858 02/10/2022 SEQUOIA GAS STATION 44303 Equipment Fuel 83 72859 02/10/2022 SHERLOCK RECORDS MANAGEMENT 3468 Finance Record Storage FY 21/22 50 72855 02/10/2022 RECOLOGY EEL RIVER 532653 Debris Disposal 89.6 72856 02/10/2022 SCOTTY'S CUTTERS EDGE 142603 e 102.98
72857 02/10/2022 SEITZ, MARK 013122 Planning Commission 1.11 & 1.25 60 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01229662 43566719662 118.1 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01229729 17524449729 259.96 72854 02/10/2022 RAY'S FOOD PLACE 1729554 Catering Supplies - River Lodge 6.87 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01228481 42737528481 30.5 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01228568 41487528568 510.22 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01228897 65641318897 16 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01225284 40654195284 456.1 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01226009 33454186009 16 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01226357 27889626357 20350.54 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01224197 34609744197 616.6 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01224490 91564484490 267.37 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01224560 74193064560 174.21 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01222987 61444662987 67.78 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01223322 79545763322 144.5 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01223881 58771943881 1336.77 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01220527 59188610527 698.06 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01221921 41070861921 366.51 72852 02/10/2022 PACIFIC GAS & ELECTRIC CO 01222716 23664592716 2.1 72850 02/10/2022 NYLEX.NET 11521 Computer Adapters - PD 48.79 72851 02/10/2022 O'REILLY AUTOMOTIVE STORE 493547 Supplies - Interdiction Training (PD) 32.53 72851 02/10/2022 O'REILLY AUTOMOTIVE STORE EB16498951 December First Call Promo Credit -7.58 72849 02/10/2022 NORTH COAST LABORATORIES 162783 Lab Testing 120 72849 02/10/2022 NORTH COAST LABORATORIES 162788 Lab Testing 120 72850 02/10/2022 NYLEX.NET 11267 Chambers/Conf Room Wiring Extension 14.09 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 72848 02/10/2022 NORTH COAST JOURNAL 202292426 Street Maint Worker Recruitment Advertising 122 72849 02/10/2022 NORTH COAST LABORATORIES 162766 Lab Testing 660 Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Amount
Grand Total: 144818.18
2/10/2022 1:54:12 PM Page 4 of 7
72871 02/10/2022 WILDWOOD SAW 34536 Equipment Maintenance - Parks 21.68 72872 02/10/2022 ARCADIA PUBLISHING 22629466 Museum Gift Shop Resale 228.92 72873 02/10/2022 RWS SERVICES 52209 Microphone - PD 57.51 72870 02/10/2022 WHITCHURCH ENGINEERING COF-223042 Police Facility Remodel Project/CCO #1 11079.95 72870 02/10/2022 WHITCHURCH ENGINEERING COF-223042 Police Facility Remodel Project/CCO #1 2762.55 72871 02/10/2022 WILDWOOD SAW 34533 Equipment Maintenance - Streets 54.17 72867 02/10/2022 USA BLUEBOOK 853014 Lab Supplies 1000
72868 02/10/2022 VERIZON WIRELESS 9898197993 SCADA Messaging FY 21/22 5.44 72869 02/10/2022 WELLS, MICHAEL 013122 Planning Commission 1.11 & 1.25 60 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 29.98 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 185.13 72867 02/10/2022 USA BLUEBOOK 853014 Lab Supplies 446.27 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 834.4 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 327.81 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 323.44 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 145.02 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 325.27 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 29.98 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 69.36 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 17.35 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 20 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 150.32 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 14.99 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 625 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 283.57 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 139.07 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 40 Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 72866 02/10/2022 U.S. BANK 012422 January Cal Card Expenses 23.73 100-6210-1500 Internet Service 58.37
100-6210-2000 Internet Service 58.36
100-6210-5450 Internet Service 236.37
100-6220-2000 CLETS Service 5000
100-6225-1400 Codification Misc 840
2/10/2022 1:54:12 PM Page 5 of 7
100-6025-1200 Professional Services 50
100-6025-9104 Professional Services 11079.95
100-6035-2000 Personnel Services 192
100-6035-5400 Personnel Services 20
100-6200-2000 Telephone 1693.26
100-6200-5400 Telephone 442.24
100-5565-5450 Janitorial Supplies 216.03
100-5700-2000 Radio Equipment 57.51
100-5715-2000 Vehicle Repairs 0.42
100-5720-5450 Equipment Repair 182.46
100-5740-1500 Building Repair and Maintenance 59.54
100-5740-5450 Building Repair and Maintenance 238.68
100-5500-4000 Department Supplies 10
100-5500-4100 Department Supplies 217.69
100-5500-5400 Department Supplies 19.6
100-5500-5450 Department Supplies 1906.29
100-5505-4100 Vehicle Fuel & Oil 40.69
100-5505-5450 Vehicle Fuel & Oil 83
100-5265-1200 Miscellaneous Benefits 20
100-5265-2000 Miscellaneous Benefits 40
100-5265-4000 Miscellaneous Benefits 20
100-5265-5400 Miscellaneous Benefits 20
100-5500-1500 Department Supplies 69.36
100-5500-2000 Department Supplies 1019.17
100-1683 Distributed Utilities 883.97
100-1684 Distributed Telephone 456.85
100-2405 Parking Fund-County 55
100-2410 Parking Fund-State 7.5
100-5265-1100 Miscellaneous Benefits 20
100-5265-1150 Miscellaneous Benefits 20
500 - Water Fund 4943.56
510 - Water Capital Fund 17110.62
550 - Wastewater Fund 27955.77
560 - Wastewater Capital Fund 27855.62
590 - TDA Transit Fund 221.13
Grand Total: 144818.18
Account Summary
Account Number Account Name Payment Amount
100-1660 Prepaid Workers Compensation 2344.31
120 - Development & Building Fund 1036.43
140 - Citywide Traffic Impact Fund 10953.15
160 - Riverlodge Fund 3230.16
165 - Museum Exhibit Fund 228.92
180 - Asset Seizure Fund 32.53
200 - Storm Drainage Fund 17.35
210 - Solid Waste Fund 89.6
270 - STIP/TEA Fund 12913.72
280 - Gas Tax Fund 653.69
Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 34726.6
101 - Transaction and Use Tax Fund 2805.94
105 - Donations Fund 43.39
2/10/2022 1:54:12 PM Page 6 of 7
500-5557-6000 Lab Supplies 2196.42
500-5740-6300 Building Repair and Maintenance 325.27
500-5900-6100 Tools & Small Equipment 78.72
500-6025-6300 Professional Services 29.98
500-6200-6100 Telephone 92.4
500-6210-6300 Internet Service 58.36
280-5745-4200 Vandalism Repair 39.85
280-6035-4200 Personnel Services 525.57
280-6505-4200 Utility - General & Electric 34.1
500-5500-6000 Department Supplies 140.99
500-5500-6100 Department Supplies 192.98
500-5525-6100 Asphalt 909.04
165-5550-5610 Gift Shop Purchases 228.92
180-5500-2000 Dept Supplies 32.53
200-5500-4300 Department Supplies 17.35
210-5752-5300 Illegal Dumping 89.6
270-6005-9978 Engineering Services 12913.72
280-5720-4200 Equipment Repair 54.17
160-5547-5800 User Group Linen 29.67
160-5565-5800 Janitorial Supplies 42.91
160-6035-5800 Personnel Services 393.75
160-6200-5700 Telephone 22.24
160-6200-5800 Telephone 447.95
160-6505-5800 Utility - General & Electric 2138.28
120-6200-3000 Telephone 16.43
120-7000-3100 Travel, Conferences & Training 625
140-6005-9979 Engineering Services 10953.15
160-5500-5800 Department Supplies 69.36
160-5539-5800 Kitchen Supplies 17.34
160-5540-5800 Catering - Food 68.66
100-7616-3200 Televised Meetings 198.45
101-5500-2850 Department Supplies 43.39
101-6025-9104 Professional Services 2762.55
105-5500-2850 Department Supplies 43.39
120-5265-3000 Miscellaneous Benefits 20
120-6005-3000 Engineering Services 375
100-7400-2800 Miranda's Rescue 190
100-7455-2800 Veterinary Expenses 5
100-7600-3200 Planning Commission 330
100-7612-1100 Contingency 40
100-7612-2000 Contingency 150.32
100-7616-1000 Televised Meetings 224.56
100-7015-1150 Dues & Subscriptions 22.49
100-7015-2000 Dues & Subscriptions 14.99
100-7220-5400 Summer Fun -21.09
100-7221-5400 School Recreation Program 23.73
100-7225-5400 Youth Sports League 283.57
100-7230-5400 Skating/Pavilion 139.07
100-6505-5450 Utility - General & Electric 540.72
100-6505-5500 Utility - General & Electric 174.21
100-6505-5600 Utility - General & Electric 456.1
100-7000-2000 Travel, Conferences & Training 1493.17
100-7000-3200 Travel, Conferences & Training 1875
100-7015-1100 Dues & Subscriptions 38.44
Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Account Summary
Account Number Account Name Payment Amount
100-6300-2000 Advertising 175
100-6505-2800 Utility - General & Electric 259.96
100-6505-4000 Utility - General & Electric 67.78
100-6505-5400 Utility - General & Electric 366.51
Amount
2/16/2022 7:49:44 AM Page 1 of 5
72901 02/16/2022 NUNEZ, MARIA 021022 Hot Shots BBall Refund - Due to Broken Arm 28 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494088 Grease & Wiper Blades - Shop Stock 26.42 72900 02/16/2022 NORTH COAST LABORATORIES162950 Lab Testing 120 72900 02/16/2022 NORTH COAST LABORATORIES162968 Lab Testing 120 72898 02/16/2022 NOR CAL GLOVES 546704 Latex Gloves - Utilities 162.75 72899 02/16/2022 NORMAN'S DRY CLEANERS 69332 River Lodge Linen Service 14.69 72897 02/16/2022 NAPA AUTO PARTS FORTUNA 7244 Vehicle Repair - Utilities 5.56 72897 02/16/2022 NAPA AUTO PARTS FORTUNA 7309 Equipment Maintenance - General Services 99 72896 02/16/2022 MUNICIPAL MAINTENANCE EQU167313-IN Vehicle Repair - WWTP 58.09 72897 02/16/2022 NAPA AUTO PARTS FORTUNA 5037 Vehicle Repair - PD 9.55 72895 02/16/2022 MISSION LINEN INDUS SERV 516450094 Wastewater Linen Service 107.03 72896 02/16/2022 MUNICIPAL MAINTENANCE EQU167165-IN Vehicle Repair - WWTP 124.82 72895 02/16/2022 MISSION LINEN INDUS SERV 516450093 Corp Yard Linen Service 55.79 72895 02/16/2022 MISSION LINEN INDUS SERV 516450093 Corp Yard Linen Service 47.53 72895 02/16/2022 MISSION LINEN INDUS SERV 516409849 Corp Yard Linen Service 10.85 72895 02/16/2022 MISSION LINEN INDUS SERV 516424859 Mat Service - PD FY 21/22 38.38 72895 02/16/2022 MISSION LINEN INDUS SERV 516408199 Parks/Rink Linen Service 70.66 72895 02/16/2022 MISSION LINEN INDUS SERV 516409849 Corp Yard Linen Service 10.85 72895 02/16/2022 MISSION LINEN INDUS SERV 516408189 Corp Yard Linen Service 48.12 72895 02/16/2022 MISSION LINEN INDUS SERV 516408190 Wastewater Linen Service 70.42 72894 02/16/2022 MIRANDA'S RESCUE FEB22 Animal Rescue Services FY 21/22 500 72895 02/16/2022 MISSION LINEN INDUS SERV 516408189 Corp Yard Linen Service 55.53 72892 02/16/2022 MARTELLA, CANDICE 021022 Hot Shots BBall Refund x2 Due to Covid Protocols65 72893 02/16/2022 MERCER FRASER COMPANY 106398 Asphalt - Rohnerville & Senestraro 401.12 72890 02/16/2022 LOCAL GOVERNMENT CONSULTANTS 1105A SB90 Claims Prep Service 1200 72891 02/16/2022 MARK CLEMENTI, Ph.D. 02-01-22 Pre-employment Phsych Eval - J. Gier 774 72889 02/16/2022 JOHNNY'S FLOORING & WINDO1924 Floor Rubber Base - PW Admin Office 38.58 72889 02/16/2022 JOHNNY'S FLOORING & WINDO1924 Floor Rubber Base - PW Admin Office 38.59 72887 02/16/2022 J & G LAWN & GARDEN 32738 Dump Fees - Parks 10 72888 02/16/2022 JOE'S AUTO GLASS 53015 Dump Truck Repair - Utilities 331.52 72885 02/16/2022 HUMBOLDT VETERINARY MEDICAL GRP 379792 Vet Services 20 72886 02/16/2022 HUMMEL TIRE & WHEEL 261625 Flat Repair - Utilities 131.91 72884 02/16/2022 HUMBOLDT CRABS 021022 Park Deposit Refund 250 72885 02/16/2022 HUMBOLDT VETERINARY MEDICAL GRP 379385 Vet Services 10 72882 02/16/2022 GHD INC 380-0008363 CDBG ADA Improvements - Engineering Services3250 72883 02/16/2022 GROCERY OUTLET 40726222282267 Catering Supplies - River Lodge 30.46 72881 02/16/2022 FORTUNA ACE HARDWARE 339665 Supplies - WWTP 98.81 72882 02/16/2022 GHD INC 380-0008359 Groundwater Transport Analysis Services 6706 72881 02/16/2022 FORTUNA ACE HARDWARE 339566 Building Maintenance - Public Works 15.26 72881 02/16/2022 FORTUNA ACE HARDWARE 339634 Tools - Parks 32.53 72881 02/16/2022 FORTUNA ACE HARDWARE 339564 Building Maintenance - Public Works 22.65 72881 02/16/2022 FORTUNA ACE HARDWARE 339566 Building Maintenance - Public Works 15.26 72881 02/16/2022 FORTUNA ACE HARDWARE 339449 Tools - Utilities 60.74 72881 02/16/2022 FORTUNA ACE HARDWARE 339564 Building Maintenance - Public Works 22.64 72879 02/16/2022 EEL RIVER TRANSPORTATION & SALVAGE 89547 Wood Disposal 51.75 72880 02/16/2022 FEDEX 7-650-47029 Lab Shipping Services 919.88 72879 02/16/2022 EEL RIVER TRANSPORTATION & SALVAGE 357520A November Duplicate Payment -63 72879 02/16/2022 EEL RIVER TRANSPORTATION & SALVAGE 89547 Wood Disposal 42.75 72877 02/16/2022 DEPARTMENT OF JUSTICE 560431 Live Scan Services 1442 72878 02/16/2022 ECO MEDICAL 10324 Medical Waste Disposal 36.75 72875 02/16/2022 ANIMAL CARE EQUIP & SVS 98945 Kennel Supplies 141.04 72876 02/16/2022 CARILLO, VANESA 020722 Park Deposit Refund 250 72874 02/11/2022 POSTMASTER 021122 UB Reminder Notice Postage 114.1 72874 02/11/2022 POSTMASTER 021122 UB Reminder Notice Postage 114.1 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/11/2022 - 2/16/2022
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
2/16/2022 7:49:44 AM Page 2 of 5
72918 02/16/2022 WILDWOOD SAW 34548 Stihl Trimmer - Streets 220.77 72918 02/16/2022 WILDWOOD SAW 34548 Stihl Trimmer - Streets 220.78 72916 02/16/2022 ST JOSEPH HOSPITAL 021022 Park Deposit Refund 250 72917 02/16/2022 ULINE 143967031 Lab Supplies 167.12
72914 02/16/2022 SMART SOURCE LLC 7877 AP Check Stock 193.2 72915 02/16/2022 SMITH, STEPHEN 021022 Refund Skate Party - Covid Cancellation 90 72913 02/16/2022 SEQUOIA GAS STATION 44337 Equipment Fuel 12.21 72913 02/16/2022 SEQUOIA GAS STATION 75555 Equipment Fuel 19.08 72913 02/16/2022 SEQUOIA GAS STATION 44330 Equipment Fuel 25.61 72913 02/16/2022 SEQUOIA GAS STATION 44332 Equipment Fuel 40.69 72912 02/16/2022 RIVERWALK VETERINARY HOSPITAL 150809 Vet Services 15 72913 02/16/2022 SEQUOIA GAS STATION 44329 Equipment Fuel 16.04 72912 02/16/2022 RIVERWALK VETERINARY HOSPITAL 150789 Vet Services 150 72912 02/16/2022 RIVERWALK VETERINARY HOSPITAL 150791 Vet Services 27 72911 02/16/2022 RICHARD COWELL TACTICAL I-8390 Duty Vest - Mullen 651.22 72912 02/16/2022 RIVERWALK VETERINARY HOSPITAL 149506 Vet Services 200 72911 02/16/2022 RICHARD COWELL TACTICAL I-8389 Duty Vest - Phinney 646.89 72911 02/16/2022 RICHARD COWELL TACTICAL I-8390 Duty Vest - Mullen -48.22 72910 02/16/2022 REDWOOD GLASS & WINDOWSRW9999 Glass Table Repair - Monday Club 78.12 72911 02/16/2022 RICHARD COWELL TACTICAL I-8389 Duty Vest - Phinney -47.89 72908 02/16/2022 RAY'S FOOD PLACE 1730038 Catering Supplies - River Lodge 31.88 72909 02/16/2022 RECOLOGY EEL RIVER 533784 Debris Disposal - PW Admin Office 30.8 72906 02/16/2022 PERRY, MERRITT 021022 Per Diem/Mileage 2.1 - 2.4 (LOCC CM Conference) 344 72907 02/16/2022 PLATT ELECTRIC SUPPLY 2K16977 Street Light Maintenance 119.76 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01229507 47733469507 704.12 72905 02/16/2022 PEOPLEFACTS LLC 2022010208 Pre-employment Credit Check 12.66 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01229363 48780729363 11.75 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01229457 99509569457 9.97 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01226485 44193 22.29 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01228379 51382078379 228.21 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01225729 75033105729 6.95 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01226230 40689526230 322.64 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01225020 63983385020 71.82 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01225127 43154195127 84.09 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01224050 33381924050 34 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01224082 45966674082 22.56 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01223473 69711643473 656.63 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01223994 28883393994 41.44 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01222970 93570722970 61.97 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01223045 45859733045 107.71 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01222501 10129392501 148.78 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01222728 48364062728 0.33 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01221965 88771941965 18.36 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01222034 98154202034 263.55 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01220729 95900010729 136.56 72903 02/16/2022 PACIFIC GAS & ELECTRIC CO 01220906 78346610906 7.93 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE495332 Vehicle Repair - Transit 111.69 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE495359 Vehicle Repair - PD 17.75 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE495216 Vehicle Repair - PD 11.61 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE495316 Vehicle Repair - PD 14.02 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494563 Vehicle Repair - PD 325.35 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE495208 Vehicle Repair - PD 11.74 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494326 Vehicle Repair - PD 80.44 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494428 Equipment Maintenance - General Services 5.07 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494162 Vehicle Repair - Utilities 14 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494168 Vehicle Repair - Utilities 139.39 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494088 Grease & Wiper Blades - Shop Stock 26.4 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494157 Vehicle Repair - Utilities 12.67 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494088 Grease & Wiper Blades - Shop Stock 26.42 72902 02/16/2022 O'REILLY AUTOMOTIVE STORE494088 Grease & Wiper Blades - Shop Stock 26.42 Expense Approval Report Payment Dates: 2/11/2022 - 2/16/2022 Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
2/16/2022 7:49:44 AM Page 3 of 5
72919 02/16/2022 ZUMAR INDUSTRIES INC 95700 Street Sign Replacement 257.09 Grand Total: 25866.92
Expense Approval Report Payment Dates: 2/11/2022 - 2/16/2022 Payment Number Payment Date Vendor Name Payable Number Description (Item) 500-5500-6200 Department Supplies 114.1
2/16/2022 7:49:44 AM Page 4 of 5
280-5900-4200 Tools & Small Equipment 220.78
280-6505-4200 Utility - General & Electric 226.74
500-5500-6100 Department Supplies 269.25
280-5722-4200 Retroflective Sign Compliance 257.09
280-5726-4200 Street Light Maintenance 119.76
280-5755-4200 Tree Trimming & Removal -11.25
200-5500-4300 Department Supplies 220.77
210-5735-5300 Janitorial Services - HHW 36.75
280-5500-4200 Department Supplies 401.12
160-5740-5700 Building Repair and Maintenance 78.12
160-6505-5700 Utility - General & Electric 6.95
180-5500-2000 Dept Supplies 1298.11
160-5500-5800 Department Supplies 10
160-5540-5800 Catering - Food 62.34
160-5565-5800 Janitorial Supplies 14.69
100-7000-1100 Travel, Conferences & Training 344
100-7400-2800 Miranda's Rescue 865
100-7455-2800 Veterinary Expenses 57
100-6505-2000 Utility - General & Electric 656.63
100-6505-5450 Utility - General & Electric 352.66
100-6625-2000 Livescan Fees 1442
100-6025-1400 Professional Services 1200
100-6025-2000 Professional Services 51.04
100-6035-2000 Personnel Services 774
100-5720-4100 Equipment Repair 130.49
100-5755-5450 Tree Trimming & Removal 42.75
100-5900-5450 Tools & Small Equipment 32.53
100-5565-5450 Janitorial Supplies 70.66
100-5715-2000 Vehicle Repairs 470.46
100-5715-5450 Vehicle Repairs 26.42
100-5500-4100 Department Supplies 122.17
100-5505-4100 Vehicle Fuel & Oil 40.69
100-5505-5450 Vehicle Fuel & Oil 72.94
100-2460 Sales Tax Payable -96.11
100-4310 Recreation Program Fees 183
100-5500-2800 Department Supplies 141.04
Account Number Account Name Payment Amount
100-1680 Distributed Office Supplies 193.2
100-2220 Refundable Park Deposits 750
671 - Kenwood Meadows Fund 61.97
677 - Astor Sewer District Fund 34
830 - CDBG Business Fund 3250
Grand Total: 25866.92
Account Summary
500 - Water Fund 2776.21
550 - Wastewater Fund 1781.07
560 - Wastewater Capital Fund 6946
590 - TDA Transit Fund 111.69
670 - Rancho Bueno Vista Fund 41.44
160 - Riverlodge Fund 172.1
180 - Asset Seizure Fund 1298.11
200 - Storm Drainage Fund 220.77
210 - Solid Waste Fund 36.75
280 - Gas Tax Fund 1214.24
Expense Approval Report Payment Dates: 2/11/2022 - 2/16/2022 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 7922.57
2/16/2022 7:49:44 AM Page 5 of 5
Grand Total: 25866.92
Project Account Summary
Project Account Key Payment Amount
**None** 25866.92
Grand Total: 25866.92
671-6505-6510 Utility - General & Electric 61.97
677-6505-6526 Utility - General & Electric 34
830-6025-9977 Professional Services 3250
560-6025-0171 Professional Services 240
590-5715-5000 Vehicle Repairs 111.69
670-6505-6505 Utility - General & Electric 41.44
550-6045-6600 Laboratory Services 919.88
550-6505-6600 Utility - General & Electric 17.9
560-6005-0171 Engineering Services 6706
550-5715-6600 Vehicle Repairs 182.91
550-5720-6500 Equipment Repair 26.4
550-5740-6700 Building Repair and Maintenance 76.5
550-5500-6600 Department Supplies 276.26
550-5500-6700 Department Supplies 114.1
550-5557-6600 Lab Supplies 167.12
500-5740-6300 Building Repair and Maintenance 107.28
500-5900-6100 Tools & Small Equipment 60.74
500-6505-6000 Utility - General & Electric 1563.37
Account Number Account Name Payment Amount
500-5715-6100 Vehicle Repairs 529.56
500-5720-6100 Equipment Repair 131.91
Expense Approval Report Payment Dates: 2/11/2022 - 2/16/2022 Account Summary
Project Account Summary
Project Account Key Payment Amount
**None** 144774.79
Exp DONATION-K9 43.39
Grand Total: 144818.18
2/10/2022 1:54:12 PM Page 7 of 7
560-6005-9975 Engineering Services 9778.24
560-6025-0171 Professional Services 240
590-5500-5000 Department Supplies 185.13
590-5715-5000 Vehicle Repairs 14.57
590-6200-5000 Telephone 21.43
Grand Total: 144818.18
550-6200-6500 Telephone 351.03
550-6205-6700 Cell Phones 5.44
550-6210-6700 Internet Service 58.36
550-6505-6600 Utility - General & Electric 20613.14
550-6633-6600 Regulatory Compliance 415.05
560-6005-0171 Engineering Services 17837.38
550-5715-6600 Vehicle Repairs 2192.05
550-5720-6600 Equipment Repair 1262.95
550-5740-6700 Building Repair and Maintenance 379.44
550-5766-6600 Bio solids Management 81.86
550-6025-6700 Professional Services 29.98
550-6045-6600 Laboratory Services 660
510-6005-9066 Engineering Services 4036.25
510-6015-9066 General Contracting 13762.5
550-5500-6600 Department Supplies 617.78
550-5500-6700 Department Supplies 14
550-5525-6500 Asphalt 227.26
550-5557-6600 Lab Supplies 1047.43
Expense Approval Report Payment Dates: 2/10/2022 - 2/10/2022 Account Summary
Account Number Account Name Payment Amount
500-7000-6100 Travel, Conferences & Training 834.4
500-7012-6100 Certification 85
510-2030 Retention Payable -688.13
Consent Calendar Item 4j

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Siana Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Approve Appointments to Fortuna Business Improvement District (FBID) Board of Directors
STAFF RECOMMENDATION:

Approve appointments to FBID Board of Directors, as recommended below.

BACKGROUND:

Fortuna Municipal Code Title 5, Chapter 5.40, establishes the Fortuna Business Improvement District (FBID), provides procedures for benefit assessment, and establishes a seven-member Advisory Committee, or Board of Directors. The Fortuna City Council shall approve all nominations to the Advisory Committee.

On February 2, 2022, Emily Hobelmann, FBID Board President, provided a letter requesting the appointment of Amanda Phillips as the representative to the open City-Wide seat.

If approved, she would serve a two-year term from February 22, 2022 through February 22, 2024.

RECOMMENDED COUNCIL ACTION:

Approve the appointment of Amanda Phillips as the City-Wide representative. Consent Agenda vote.

ATTACHMENT:
 Letter of Request from Emily Hobelmann, FBID Board President, dated February 2, 2022.
 FBID Board Member Application for Amanda Phillips
Fortuna Business Improvement Corporation
PO Box 1000
Fortuna, CA 95540
(707) 725-9261
[email protected]
Feb. 2, 2022
Honorable Mayor Sue Long
Mayor Pro Tem Tami Trent
Councilmember Mike Johnson
Councilmember Mike Losey
Councilmember Jeremy Stanfield
Fortuna City Hall
621 11th St.

Fortuna, CA 95540
Honorable Mayor and Councilmembers,
At our February 2, 2022, Special Board Meeting, the Fortuna Business Improvement District Board of Directors unanimously voted to recommend Amanda Phillips to the City Council for appointment to one of our open City-Wide seats, to represent the Professional and Service Industries.

Ms. Phillips has 17 years of government work experience, including policy and procedure creation, and analysis of local, state, and federal law. She currently serves as a Project Manager with the County of Humboldt. She has a background in hospitality, and her family owned and operated a small business in a rural area. She is familiar with the challenges facing independent business owners.

Ms. Phillips resides in Fortuna, and she is eager to be of service to our business community. As all of our board members do, she cares deeply about the City of Fortuna. We believe she will be a reliable, level-headed, and productive addition to our Board of Directors. We also believe she will bring a much welcome level of thoughtfulness and intellect to our group.

Sincerely,
Emily Hobelmann
President
Fortuna Business Improvement District
610 Main St. - PO Box 1000, Fortuna, CA 95540 ■ [email protected] ■ 707.725.9261 1/31/22, 10:11 AM FBID Board Member Application
https://docs.google.com/forms/d/10Xr09sRQQTn5OYVkGnhlXczqV2x-aq8kGe7rxB_fo88/edit#response=ACYDBNju5Tyu2TynYJehKoldYQ4I9yBKF1vkZUMV7… 1/3 FBID
Amanda M. Phillips
FBID Board Member Application
The Board of Directors is responsible for all activities of the Fortuna Business Improvement District. The Board of Directors is solely responsible for determining policy, approving the annual budget, and determining the goals and objectives of the Corporation and its work programs.

Each Director should have or provide:
~A demonstrated interest in the Corporation's purposes and its goals; ~Specific experience in and/or knowledge of administration, finance, program development, advertising,
public relations, business activity, communications, design, or economic development; ~4-10 hours per month of available time to spend on corporate activities Directors are jointly responsible for Policy Administration:
~Establishing and/or continuing the legal existence of the Corporation. ~Ensuring that the Corporation fulfills legal requirements in the conduct of its business and affairs; ~Adopting and administering by-laws;
~Adopting policies which determine the purpose, governing principles, functions, activities, and courses of action of the Corporation;
~Assuming responsibility for internal policies governing the corporation; ~Developing an annual work plan of goals, objectives, and activities for the Corporation.

Name of Commission Applied for:

Name: (First Middle Last)
E-mail: *
1/31/22, 10:11 AM FBID Board Member Application
https://docs.google.com/forms/d/10Xr09sRQQTn5OYVkGnhlXczqV2x-aq8kGe7rxB_fo88/edit#response=ACYDBNju5Tyu2TynYJehKoldYQ4I9yBKF1vkZUMV7… 2/3 MM
/
DD
/
YYYY
About 10 years
County of Humboldt
Project Manager
Business Address:

Phone Number:

Date of Birth:

Education: (Highest level achieved)
Length of time in the Fortuna area:

Present Employer:

Your Job Title:
1/31/22, 10:11 AM FBID Board Member Application
https://docs.google.com/forms/d/10Xr09sRQQTn5OYVkGnhlXczqV2x-aq8kGe7rxB_fo88/edit#response=ACYDBNju5Tyu2TynYJehKoldYQ4I9yBKF1vkZUMV7… 3/3 none
As a younger person I was involved in community theatre and REACT I would like to be of service to my community.
17 years of government work experience including, policy and procedure creation, analysis of local, state, and federal law, background in hospitality, my family owned and operated a small business in a rural area, so I am familiar with the challenges facing independent business owners.

This content is neither created nor endorsed by Google.

Organizations you are currently actively involved in:

Past community service experience:

Reasons for wanting to be on this commission:

Specific expertise you would bring to this commission:

Forms
Consent Calendar Item 4k

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Siana Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Oppose the Taxpayer Protection and Government Accountability Act or AG 21-0042A1, by Adopting Resolution 2022-02
STAFF RECOMMENDATION:

Approve Resolution 2022-02, to oppose AG 21-0042A1
BACKGROUND:

In 2018, the “Tax Fairness, Transparency and Accountability Act” or (AG# 17-0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority to the detriment of California cities. Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the previous measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative. The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources — shifting the burden and making individual taxpayers pay more.

The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services. It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

Consent Calendar Item 4k

The measure will encourage frivolous lawsuits, bureaucracy, and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure. It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.

It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

RECOMMENDED COUNCIL ACTION:

Approve Resolution 2022-02. Consent Agenda vote.

ATTACHMENTS:
 Resolution 2022-02, A Resolution of the City Council of the City of Fortuna opposing Initiative 21-0042A1.
 League of California Cities Taxpayer Protection and Government Accountability Act Legal Analysis dated January 21, 2022
 Fiscal and Program Effects of Initiative 21-0042A1 on Local Governments RESOLUTION 2022-02

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FORTUNA OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Fortuna, opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of Fortuna will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, AND ADOPTED this 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Sue Long, Mayor
Attest:
_________________________
Siana L. Emmons, City Clerk
The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
– 2 – rev January 7, 2022
CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices. – 3 – rev January 7, 2022
CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. – 4 – rev January 7, 2022
CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
Consent Calendar Item 4l

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Authorization to File the Final Subdivision Map for the Twin Creeks Subdivision, Accept the Dedications and Improvements, and Accept Off-Site Public Right-of-Way and Sanitary Sewer Easements, Resolution 2022-05 STAFF RECOMMENDATION:

Approve the final map, accept the dedications and public improvements, and authorize City staff to record the map by adopting Resolution 2022-05.

BACKGROUND:

The City Council approved the Twin Creeks (Fitze) Planned Development Subdivision on July 15, 2019, for construction of 56 single-family residential units and a community center on 12.85 acres (APNS 202-082-005, 202-121-002), located on the south side of Redwood Way between Strongs Creek and Redwood Memorial Hospital. Development includes an interior private access road, utilities, and storm drainage facilities, as well as an off-site public road at the entrance to the development at Redwood Way (“Greenway Street”) and a sewer main connecting to Strongs Creek Drive to the southwest.

Final Map Authorization
Authorization to file the map and accept the dedications and improvements must come from the City’s legislative body, in accordance with Subdivision Map Act Section 66458.

The final map has been submitted for recordation, reviewed and signed by the City surveyor, engineer, planner, and city clerk, and is ready for recordation. All of the conditions of Resolutions 2019-14 have been completed, and all required fees have been paid. The developer has completed all public and private improvements and underground utilities for the project, which have been inspected by the city engineer for conformance with City standards, record drawings have been signed and submitted by the developer’s engineer, and approved by the city engineer. Following the Council’s acceptance of the improvements, the City Engineer and City Clerk will sign the Certificate of Acceptance and a one-year maintenance agreement will be signed by the City Manager.

Off-Site Easements
Acceptance of off-site easements created by deed must be approved by the City Council before the deeds can be recorded. Easements include those for the public road (Greenway Street) entry into the site from Redwood Way and the sanitary sewer main to Strongs Creek Road. The City Engineer Consent Calendar Item 4l

reviewed plans and inspected construction of the road and sewer main. The deeds were reviewed by the City surveyor, and found to accurately reflect the improvement location and conform to surveying codes.

FISCAL IMPACT
There is no fiscal impact to the City General Fund as a result of the approval of the final map and acceptance of improvements and easements. The City will be responsible for maintenance of the public improvements after release of the one-year warranty bond. Additional maintenance costs resulting from long-term maintenance of the improvements will be allocated as appropriate to the City’s road maintenance funds. Because the internal roadway and sidewalks are owned and maintained by a Homeowners Association, there will be no City cost for the internal improvements except for the utilities. The public road section (Greenway Street) is relatively short, and City road maintenance cost can be absorbed into the City’s road maintenance fund with no significant impact.

RECOMMENDED COUNCIL ACTION:

Authorize the City Clerk to file the final map for the Twin Creeks Subdivision, accept the dedications and improvements, and accept off-site public right-of-way and sanitary sewer easements. Consent Agenda vote.

ATTACHMENTS:

1. Final Map

2. Greenway Street Map

3. Sanitary Sewer Map

4. Final Map and Easements Acceptance, Resolution 2022-05, authorizing recordation of the final map for the Twin Creeks Subdivision, accepting the dedications and improvements, and accepting off-site public right-of-way and sanitary sewer easements Consent Calendar Item 4l

RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA AUTHORIZING

RECORDATION OF THE FINAL MAP FOR THE TWIN CREEKS SUBDIVISION,

ACCEPTING THE DEDICATIONS AND IMPROVEMENTS, AND ACCEPTING OFF-SITE

PUBLIC RIGHT-OF-WAY AND SANITARY SEWER EASEMENTS
WHEREAS, on July 15, 2019, the Fortuna City Council adopted Resolution 2019-14 approving a planned development tentative map for Dennis Fitze; and WHEREAS, the Final Map for the Twin Creeks Subdivision has been submitted to the City for approval; and
WHEREAS, the City Engineer, City Planner, and City Surveyor have reviewed the Twin Creeks Final Map for its conformity with the tentative map and the conditions of approval and have determined that the final map substantially conforms with all requirements of the tentative map and the California Subdivision Map Act; and
WHEREAS, the City Engineer has approved the Improvement Plans, inspected construction, received and approved record drawings, and found them to be in conformance with the conditions of approval and the City’s Improvement Standards and Specifications, and recommends issuance of a certificate of compliance for the required public improvements and is ready to have the City Clerk sign the Certificate of Compliance and the City Manager to enter into a one-year Maintenance Agreement; and WHEREAS, off-site right-of-way and sanitary sewer easement dedications are necessary to serve the Twin Creeks development;
WHEREAS, the City Surveyor has reviewed the off-site right-of-way and sanitary sewer easement deeds and found that they accurately depict the necessary easement boundaries and that they conform to requirements of the California Land Surveyor’s Act;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna as follows:

1. Accepts the public dedications on the Final Map and authorizes the City Clerk to sign and record the map on behalf of the City Council;

2. Accepts the public improvements for the subdivision, and authorizes the City Clerk to sign the Certificate of Acceptance and the City Manager to enter into a one-year Maintenance Agreement with the developer;

3. Accepts the off-site right-of-way and sanitary sewer easements as shown in Exhibit A and authorizes the City Clerk to sign and record the deeds.

PASSED AND ADOPTED on this 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
ATTEST: Sue Long, Mayor
City of Fortuna
_________________________
Siana L. Emmons, City Clerk
City of Fortuna

Greenway Street Public Right-of-Way
Greenway Street
Public Right-of-Way

Fitze/Twin Creeks Off-Site Sanitary Sewer Alignment
Strongs
Creek Drive
Sewerline Location &
Construction Area
Fitze
Subdivision

Business Agenda Item 5a

STAFF REPORT
City Council Business Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approve Submittal of Notice of Intent to Comply Under SB 619, Resolution 2022-03
STAFF RECOMMENDATION:

Staff is recommending the Council authorize the City Manager to submit a Notice of Intent to Comply under SB 619 by adopting Resolution 2022-03.

EXECUTIVE SUMMARY:

Each year of the past five years has been one of the top ten warmest years on record in recorded human history. The urgency Climate Change has led the state of California to adopt SB 1383, a bill aimed to reducing methane-producing organic waste from landfills. SB 1383 went into effect this year, and jurisdictions that do not meet the requirements of the state law are subject to fines of $10,000 per day. Although the City of Fortuna is continuing to make progress towards full compliance with SB 1383, there are aspects of the City’s programs, which have not yet fully matured. The primary obstacle is that currently there is no viable option composting of food waste, and therefore collection and recycling of that waste is not possible at this time.

Additionally, it will take a significant amount of time to develop the programs, policies, ordinances, update of the City’s franchise agreement for solid waste collection, which are all currently in progress. The City is currently working with the other jurisdictions in the county on all of these items.

SB 619 was passed in 2021 to allow for one year’s relief from administrative penalties for jurisdictions that were affected by the COVID-19 pandemic. A condition of this relief is that jurisdictions must submit a “Notice of Intent to Comply” to CalRecycle by March 1, 2022, along with a schedule for compliance, and a resolution of the City Council approving of the Notice of Intent to Comply. This recommendation is for the City Council to approve a resolution that does so.

Attached are the draft Notice of Intent to Comply form completed by staff, and the Resolution to be approved. It is the intent of the City to develop SB 1383 programs during 2022 with implementation by January 1, 2023. Humboldt Waste Management Authority (HWMA) is preparing the SB 1383 Road Map to offer regional compatibility and guidance with discussions throughout February and March. The City needs to file the Initial Jurisdiction Compliance Report by April 1, 2022, on the status of SB 1383 with a copy of the proposed SB 1383 Enforcement Ordinance at that time.

Business Agenda Item 5a

FISCAL IMPACT
Not approving the proposed resolution may result in the City being subject in tens of thousands of dollars in fines. The City is already committed to a pathway toward compliance and the costs associated with this effort. It is expected that solid waste franchise fees will pay for much of the work currently being contemplated.

RECOMMENDED ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to approve Resolution 2022-03, and read by title only. Roll Call vote.

ATTACHMENTS:
 Notice of Intent to Comply
 Resolution 2022-03, A Resolution of the City Council of the City of Fortuna Authorizing the City Manager to Submit A Notice of Intent to Comply under SB 619 to CalRecycle

Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

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Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: County:

Person Completing the Form:

First Name: Last Name:

Title:

Mailing Address:

City: Zip Code:

Email Address:

Phone Number:

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance

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(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)

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2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

Signature Printed Name Title Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

TASK 3: Date to be completed:

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action
TASK 1: Purchase two additional collection trucks and modify collection routes
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Proposed Schedule
Date to be completed:
4/7/2022
Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action:

TASK 1: Purchase two additional collection trucks and modify collection routes
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Proposed Schedule
Date to be completed:
4/21/2022
Date to be completed:
4/28/2022
RESOLUTION 2022-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AUTHORIZING THE CITY MANAGER TO SUBMIT A NOTICE OF INTENT TO COMPLY UNDER SB 619 TO CALRECYCLE
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.; and WHEREAS, The City of Fortuna is a local jurisdiction required to comply with the Regulations; and
WHEREAS, The City of Fortuna is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.

WHEREAS, The City of Fortuna is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute;

NOW, THEREFORE, BE IT RESOLVED THAT:

The City of Fortuna by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
The City of Fortuna hereby authorizes and directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.

By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Fortuna represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.

The City of Fortuna by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

PASSED AND ADOPTED at a regular meeting of the City of Fortuna City Council this 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Sue Long, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
Business Agenda Item 5b

STAFF REPORT
City Council Business Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approval of the April 1, 2022 to June 30, 2024 Memorandum of Understanding (MOU) Concerning Working Conditions, Wages and Benefits with the Fortuna Employee Association (FEA) and the Fortuna Police Employees Association (FPEA)
STAFF RECOMMENDATION:

Staff is recommending the Council approve the MOU’s with the FEA and FPEA for the term, April 1, 2022 to June 30, 2024.

EXECUTIVE SUMMARY:

Staff is presenting the completed MOU’s between the City and the FEA and FPEA, for City Council approval.

The attached MOU’s incorporates the changes agreed upon between the City and the FEA, and the City and the FPEA, during the recent negotiations.

FISCAL IMPACT
All fiscal impacts associated with the terms of the MOU’s have been reviewed by Council during the negotiations process. The chart below summarizes the increased costs associated with the adoption of these MOU’s.

FPEA Tentative Agreement Estimated Cost for
April - June 2022
Estimated Cost for
July 2022 - June
2023
12% COLA upon ratification of MOU
61,750.00

247,000.00
One time increase of 4% to pay
classification F47 "Police Sergeants"

5,060.00

20,240.00
5% pay for Communications Training
Officer (CTO) for time spent when
training a dispatcher

425.00

1,700.00
Clarify under shift differential after 1900
hours to specific time request

-

-
Business Agenda Item 5b

Clarify under Uniforms: will accrue time
after first year of employment. (City will
provide uniform for new hires)

-

-
TOTAL $ 67,235.00 $ 268,940.00
FEA Tentative Agreement Estimated Cost for
April - June 2022
Estimated Cost for
July 2022 - June
2023
8% COLA upon ratification of MOU and
2% July 1, 2023

36,360.00

145,440.00
Add Juneteenth (June 19th) as a paid
holiday

1,000.00

1,000.00
Add longevity pay at 15 years and 20
years at two percent per milestone

1,650.00

6,600.00
TOTAL $ 39,010.00 $ 153,040.00
It is anticipated that the additional costs shown above will be covered by increased revenue receipts, primarily sales tax revenue. The City of Fortuna’s Bradley Burns sales tax for next year is anticipated to increase by $228,000 over this year’s budgeted amount and the Measure E transaction and use tax for next year is anticipated to increase by $265,000 over this year’s budgeted amount.

RECOMMENDED ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to approve Memorandum of Understanding between the City and Fortuna Employees Association and the Memorandum of Understanding for the Fortuna Police Employees Association for term April 1, 2022 through June 30, 2024. Roll Call vote.

ATTACHMENTS:
 April 1, 2022 through June 30, 2024 Memorandum of Understanding with the FEA
 April 1, 2022 through June 30, 2024 Memorandum of Understanding with the FPEA
FEA MOU 2
1 Memorandum of Understanding
Between The City of Fortuna
and the

FORTUNA EMPLOYEES ASSOCIATION (FEA)
April 1, 2022 through June 30, 2024
SECTION I: PREAMBLE ......................................................................................................................................3 SECTION II: RECOGNITION .................................................................................................................................3 SECTION III: SOLE AGREEMENT ...........................................................................................................................4 SECTION IV: CITY RIGHTS ....................................................................................................................................4 SECTION V: ASSOCIATION RIGHTS......................................................................................................................6

1. BULLETIN BOARDS................................................................................................................................................6

2. DUES DEDUCTION ................................................................................................................................................6 SECTION VI: CONTRACT GRIEVANCE PROCEDURE ...............................................................................................6 SECTION VII: WAGES............................................................................................................................................8

1. WAGE ADJUSTMENTS ...........................................................................................................................................8

2. BI-WEEKLY PAYROLL.............................................................................................................................................8

3. LONGEVITY PAY ...................................................................................................................................................8

4. SHIFT DIFFERENTIAL..............................................................................................................................................9 SECTION VIII: INSURANCE .....................................................................................................................................9

1. HEALTH & WELFARE.............................................................................................................................................9

2. OPTING OUT OF MEDICAL COVERAGE ....................................................................................................................10

3. STATE DISABILITY PROGRAM ................................................................................................................................11 SECTION IX: HOLIDAY BENEFITS AND PAID LEAVES ........................................................................................... 11

1. VACATION ........................................................................................................................................................11

2. ACCRUED VACATION/SICK LEAVE RECORDS.............................................................................................................12

3. ANNUAL VACATION BUYBACK PROGRAM................................................................................................................12

4. HOLIDAYS* .......................................................................................................................................................12

5. SICK LEAVE .......................................................................................................................................................13

6. FAMILY SICK/BEREAVEMENT LEAVE.......................................................................................................................13

7. JURY DUTY........................................................................................................................................................14 SECTION X: HOURS OF WORK AND OVERTIME................................................................................................. 14

1. WORK PERIOD...................................................................................................................................................14

2. OVERTIME DEFINITION........................................................................................................................................15

3. FLSA 7(B) WORK PERIOD OVERTIME EXEMPTION....................................................................................................15

4. RATE OF OVERTIME............................................................................................................................................15

5. REST PERIODS....................................................................................................................................................15

6. ACCUMULATION OF COMPENSATORY TIME OFF (CTO).............................................................................................16 FEA MOU 2
2 SECTION XI: OTHER PAY / INCENTIVES.............................................................................................................. 16

1. STANDBY ASSIGNMENTS ......................................................................................................................................16

2. CALL BACK ........................................................................................................................................................17

3. OUT OF CLASSIFICATION DIFFERENTIAL PAY ............................................................................................................17

4. INCENTIVE PROGRAM..........................................................................................................................................17

5. PROTECTIVE FOOTWEAR/BUSINESS APPAREL ALLOWANCE.........................................................................................18

6. TOOL ALLOWANCE FOR VEHICLE MECHANICS ..........................................................................................................18

7. RESIDENCY INCENTIVE .........................................................................................................................................18

8. EMPLOYEE USE OF PARK & RECREATION PROGRAMS ................................................................................................18

9. EDUCATION AND TRAINING REIMBURSEMENT..........................................................................................................19 SECTION XII: RETIREMENT SYSTEM.................................................................................................................... 19

1. MISCELLANEOUS EMPLOYEES (PERS LOCAL MISCELLANEOUS MEMBERS) RETIREMENT FORMULAS: .................................19 SECTION XIII: MISCELLANEOUS ........................................................................................................................... 20

1. PERSONNEL EVALUATIONS ...................................................................................................................................20

2. RAIN GEAR .......................................................................................................................................................20

3. PERSONNEL RULES .............................................................................................................................................20

4. FAIR LABOR STANDARDS ACT ...............................................................................................................................20

5. LAYOFFS ...........................................................................................................................................................20

6. NO STRIKE AND LOCKOUT ....................................................................................................................................21

7. WAIVER CLAUSE ................................................................................................................................................21

8. FULL UNDERSTANDING AND MODIFICATION............................................................................................................21

9. TERM OF AGREEMENT.........................................................................................................................................21

10. NOTIFICATION PROCEDURE ..................................................................................................................................21

11. SAVINGS CLAUSE................................................................................................................................................21 FEA MOU 2
3 Section I: PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF FORTUNA , hereinafter referred to as the CITY, and FORTUNA EMPLOYEE ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the CITY and the ASSOCIATION, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.

Section II: RECOGNITION
The City hereby recognizes the ASSOCIATION as the exclusive bargaining representative for those employees in the Fortuna Employees representation unit consisting of the classes below, and agrees to meet and confer and otherwise deal exclusively with the Association on all matters related to the scope of representation pertaining to said employees as authorized by law.

The City recognizes as represented by the association, the following classes of employees:

1. Account Clerk II/III

2. Building Inspector

3. Bus Driver II

4. City Carpenter III

5. Conference Center Coordinator

6. Facility Custodian

7. Lab Director

8. Park Maintenance Worker II/III/Lead

9. Treatment Plant Mechanic

10. Recreation Program Supervisor

11. Street Maintenance Worker II/III/Lead

12. Treatment Plant Operator OIT/I/II/ III (Shift Supervisor)

13. Utility Worker II/III/Lead
FEA MOU 2
4 14. Vehicle and Equipment Mechanic

15. Senior Administrative Assistant
Section III: SOLE AGREEMENT
A. This Agreement signed by the parties hereto, and approved by the City Council, supersedes all other Agreements between the parties on the items contained herein.

B. Neither party shall be obligated to meet and confer during the term of this Agreement on any matter contained within this Agreement. However, if during this term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the City Manager for the City and the Association, and when approved by the City Council. Any such changes validly made shall become a part of this Agreement and subject to its terms.

C. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

Section IV: CITY RIGHTS
It is agreed that during the term hereof, the City shall not be required to meet and confer on matters, which are solely a function of management.

Except as otherwise specifically provided in this Agreement, the City has and retains the sole and exclusive rights and functions of management including, but not limited to, the following:

A. To determine the nature and extent of service to be performed, as well as the right to determine and implement its public function and responsibility.

B. To manage all facilities and operations of the City, including the methods, means, and personnel by which the City operations are to be conducted.

C. The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of, and the manner in which, the City's activities are conducted, managed, and administered, and the Association recognizes the exclusive right of the City to establish and maintain departmental rules and procedures for the administration of its departments.

D. The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City to establish, modify, or change work schedules or standards.

E. To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employee.

FEA MOU 2
5 F. To determine the location of all facilities.

G. To determine the layout and the machinery, equipment, or materials to be used.

H. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.

I. To determine the size and composition of the working force.

J. To determine policy and procedures affecting the selection or training of employees.

K. To establish, assess, and implement employee performance standards including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures of said assessment.

L. To control and determine the use and location of City's property, material, machinery, or equipment.

M. To schedule the operation of and to determine the number and duration of shifts.

N. To determine safety, health, and property protection measures.

O. To transfer work from one job to another or from one unit to another.

P. To introduce new, improved, or different methods of operations or to change existing methods.

Q. To layoff employees from duty for reasons of economy or because the need for a position no longer exists.

R. To reprimand, suspend, discharge, or otherwise discipline employees.

S. To establish, modify, determine, or eliminate job classifications.

T. To disseminate, modify, and enforce work and safety rules and regulations that do not contradict a specific provision of this Agreement.

U. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.

V. To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.

FEA MOU 2
6 Section V: ASSOCIATION RIGHTS

1. Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on bulletin boards maintained on City premises, for a period of up to two (2) weeks. The Association shall not post notices that contain profane, obscene, or offensive content, as determined by the City.

2. Dues Deduction
Upon formal acknowledgement by the City of a Recognized Employee Organization as defined in Resolution 2007-04, A Resolution of the City Council of the City of Fortuna Establishing Policies Governing Employer-Employee Relations, such Recognized Employee Organization may be provided payroll deductions of membership dues upon written authorization of the individual employee on a form provided and maintained by the Association.. The City shall make any such authorized employee deductions based on certification from the Association and provide reports of these transactions to the Association. The Association hereby agrees to indemnify, defend and hold harmless the City for any loss or damages, claims or causes of action arising from Association dues deductions pursuant to this agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. In the event that any provision of the section is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provision.

Section VI: CONTRACT GRIEVANCE PROCEDURE
A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning:

1. A claimed violation or non-compliance with the provisions of this MOU.

2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions.

3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment.

B. The following matters are specifically excluded from the grievance procedure:

1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes)

2. The content of performance evaluations

3. Layoff
FEA MOU 2
7 4. Transfer

5. Denial of reinstatement

6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation

7. Challenges to a reclassification, examination or appointment to position

8. Management of the City generally, or issues of City or department policy

9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs

10. Methods of financing

11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force

12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions

13. Determination of work assignments and schedules

14. Determination of productivity or performance programs and standards

15. Determination of standards, policies, and procedures for selection, training, and promotion of employees and

16. Establishment, implementation, and modification of department organizations, supervisory assignments, chains of command, and reporting responsibilities.

C. The following are the steps to be taken by any employee who has a grievance. It should be noted that any employee who has a problem or a complaint should try to resolve the problem at the lowest level of management. This should begin through discussion with the employee's immediate supervisor.

Step 1
(a) The employee shall explain the situation to the immediate supervisor who shall either alone or together with his or her supervisors reach a decision and communicate it to the employee in writing within ten (10) working days after receipt of the grievance.

Such discussion shall be initiated within ten (10) working days of the incident complained of, or within ten (10) working days from the date the employee should have reasonably become aware of the incident, or the grievance is deemed to have been waived.

FEA MOU 2
8 Step 2
(a) If the grievance is not settled at the first step, or if the grievance directly concerns the employee’s immediate supervisor, the employee may submit to the department head the grievance in writing within ten (10) working days of the written response, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The department head shall notify the employee in writing of his or her decision within ten (10) working days after receipt of the notice or grievance.

Step 3
(a) If the grievance is not settled at the second step, the employee may within ten (10) working days of the written response submit the grievance in writing to the City Manager, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required. (b) The City Manager shall notify the employee, the Department Head, and the employee's immediate supervisor in writing of his/her decision within ten (10) working days after receipt of notice of grievance. The City Manager’s decision is final and binding.

D. Failure of the employee to follow the procedure or time frames provided in the Grievance Procedure shall constitute grounds for dismissing the grievance.

Section VII: WAGES

1. Wage Adjustments
During the term of this two-year agreement, all Association employees shall receive an 8% Cost of Living Adjustment (COLA) increase to their base pay for Fiscal Year (FY) 2022-23, and a 2% COLA increase to base pay for FY 2023-24. The 8% COLA for FY 2022-23 shall go into effect April 1, 2022.

2. Bi-Weekly Payroll
City employees shall be paid on a bi-weekly basis on Fridays.

3. Longevity Pay
Upon completion of 10 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional five percent (5%) of base wage as longevity pay. Upon completion of 15 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional two percent (2%) of base wage as longevity pay. Upon FEA MOU 2
9 completion of 20 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional two percent (2%) of base wage as longevity pay.

Longevity pay will not be paid retroactively for work performed prior to July 1, 2022 for employees who have worked more than ten years, but will be effective and paid as of July 1, 2022.

4. Shift Differential
A. Any employee whose shift is changed and as a result the entire shift falls between the hours of 4:30 p.m. and 8:00 a.m. shall receive one dollar ($1.00) per hour in addition to his or her wage.

B. This section shall not apply to employees whose normal shift may fall within these hours.

C. If an employee is required to work overtime during all or part of those hours between 4:30 p.m. and 8:00 a.m., he or she shall not receive shift differential but shall be compensated in a normal overtime manner.

Section VIII: INSURANCE

1. Health & Welfare
The City agrees to provide medical, dental, vision and life insurance for employees in the Fortuna Employee Association.

A. For the term April 1, 2022 – June 30, 2022, for all employees in the Fortuna Employees Association, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program shall be as follows:

Monthly Costs With $250 Deductible
Employee Employee +1
Employee +2
(or more)
Medical- Anthem/Blue Cross $837.00 $1,753.00 $2,503.00
Vision-VSP $18.20 $18.20 $18.20
Dental-Delta Dental $56.84 $96.20 $143.20
Life (10,000) $1.65 $1.65 $1.65
Employee Assistance Program $2.84 $2.84 $2.84
Total insurance costs $916.53 $1,871.89 $2,668.89
Amount paid by City $790.99 $1,608.95 $2,293.45
Amount paid by Employees (Monthly) $125.54 $262.94 $375.44 FEA MOU 2
10 B. The cost of medical premiums will be split between the City at 85% and the employee at 15%.

C. The City will provide a vision plan and a dental plan through the Redwood Empire Municipal Insurance Fund (REMIF) for all represented employees. Vision and dental coverage are optional; however, if an employee declines the coverage amount paid by the employee will stay the same.

D. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.

E. Cal Ore Life Flight benefits will be provided for all full time benefitted employees and their household through the REMIF plan; employees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.

F. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.

G. The City will provide access to Aflac supplemental insurance options to all City employees. Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.

2. Opting Out of Medical Coverage
A. Under the following circumstances, a full-time employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:

1. The medical insurance plan must allow an employee to decline coverage, and the employee can meet any and all requirements for opting out of coverage.

2. The employee must provide written proof of other coverage.

3. All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.

FEA MOU 2
11 B. This MOU provides for employees to opt out of the medical insurance coverage and receive $500.00 per month paid out in two equal payments in the first two paydays of the month, as long as the employee works in a full time capacity for two full pay periods in the month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family. If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.

C. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for Vision and Dental only. The cost to the employee would be the minimum monthly contribution rate of: $50 single/$75 employee +1/$100 employee +2, respectively for both, as a package. The employee share for the Vision/Dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.

3. State Disability Program
All employees covered by this MOU are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.

SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, vacation, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, or other benefits in an amount exceeding the employee’s regular wage or wage.

Section IX: HOLIDAY BENEFITS AND PAID LEAVES

1. Vacation
The vacation schedule for all employees represented by the Association shall be as follows:

Full Years of Service
Completed by Employee
Number of Working Days of
Vacation Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Vacation leave may be taken as it accrues, after one year of employment. Each employee in the Fortuna Employees representation unit shall be granted at least eighty (80) hours vacation per calendar year provided the employee has vacation time accrued.

An employee who becomes ill during his or her scheduled vacation may elect to use sick leave in lieu of vacation time, provided their supervisor is notified at the beginning of the illness and at the end of the illness or injury and, provided further, the employee, upon return from vacation, FEA MOU 2
12 furnishes the Human Resources Manager with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury during his or her vacation.

2. Accrued Vacation/Sick Leave Records
The City will provide each employee on a bi-weekly basis a record of accrued vacation and sick leave which the employee has earned. Vacation may be accumulated up to an amount equal to an employee's allowable vacation credits for two (2) years. Once an employee has reached the maximum accumulation limit for vacation leave, the employee will cease accruing additional vacation benefits until the employee has used a portion of his or her accrued vacation and reduces his or her balance below the maximum accumulation limit. Thereafter, vacation benefits will again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.

3. Annual Vacation Buyback Program
On an annual basis the City agrees to allow those employees covered by this MOU to sell up to one hundred (100) hours of vacation. The minimum leave time which may be subject to the buyback is eight (8) hours. Vacation time may be sold back two times each fiscal year to a maximum of 100 hours. In order to participate in this program, the employee must return a form approved by management that is dated and signed. Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Vacation time bought back pursuant to this provision shall be subtracted from the employee’s accumulated vacation time balance when paid. Upon separation, all unused accrued vacation leave shall be paid to the employee at his or her regular rate of pay.

4. Holidays*
A. The City agrees to pay all full-time regular employees in the Fortuna Employees representation unit for eleven (11) holidays per year. Recognized holidays are: New Year's Day, Martin Luther King Jr., the day observed as President’s Day, Memorial Day, Juneteeth, Veteran’s Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving. Employees shall receive eight (8) hours of pay for a holiday.

B. In addition to the eleven (MOU) paid holidays referenced above, in lieu of providing paid holidays on, Admissions Day and Columbus Day, the City agrees to provide two (2) floating holidays for those employees covered by this MOU. Floating holidays will be accrued at the time the actual holidays occur. Floating holidays may be accrued up to a maximum of 10 days. The timing of taking the floating holidays shall be subject to management's approval.

C. An employee required to work on a paid holiday (except scheduled floating holidays) will be compensated one and one half times the regular rate of pay for all such time worked FEA MOU 2
13 and may be given an equivalent amount of time off (eight (8) straight time hours) in the same pay period or to bank the equivalent amount as CTO not to exceed the maximum one hundred and sixty (160) hours as provided in Paragraph 26 of this MOU. (*A holiday that falls on a weekend is usually observed on the closest weekday (e.g. a holiday falling on a Saturday is observed on the preceding Friday, while a holiday falling on a Sunday is observed on the succeeding Monday.)

5. Sick Leave
Sick leave is a benefit, and should be used only when necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.

A. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability.

Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.

B. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a cash payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.

C. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action.

6. Family Sick/Bereavement leave
A. An employee may be granted up to forty eight (48) hours per Fiscal Year for family sick leave with pay, per California Labor Code Section 233, utilizing an employee’s accumulated sick leave for family illness purposes. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household.

For family sick leave purposes, immediate family member shall include spouse, domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.

Family sick must be taken in not less than quarter hour increments.

B. An employee in the Association may be granted up to forty (40) hours bereavement leave with pay. Bereavement leave is applicable when death occurs in the employee's immediate family. Such family shall include spouse, domestic partner, parents, children, stepchildren, children of a domestic partner, grandparent, grandchild, brother, sister, FEA MOU 2
14 mother/father-in-law, parent of a domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Personnel Officer. Misuse of bereavement leave privileges is grounds for disciplinary action. Bereavement leave shall be approved by the City Manager.

C. For purposes of this section, domestic partner means an individual as defined in Family Code section 297 et seq.

7. Jury Duty
A. Any employee who is required to report for jury duty shall receive full pay for such absence from duty provided the employee endorses to the City any checks or warrants received in payment for jury duty exclusive of mileage for personal vehicles or other outof-pocket expenses incurred due to jury duty and provides verification of jury duty service.

B. An employee summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service.

C. Time spent on jury duty is not work time for purposes of calculating overtime compensation.

Section X: HOURS OF WORK AND OVERTIME

1. Work Period
For purposes of the Fair Labor Standards Act (FLSA) the City and the association agree for the term of this MOU, all employees represented by the Fortuna Employees Association, the normal work period shall consist of forty (40) hours worked within seven (7) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the successive Saturday, or as otherwise designated for employees on a flexible schedule.

Schedule of hours of employment shall be established by the department head with the approval of the City Manager. The department head, with the approval of the City Manager, may change the work week for any group of employees. The employee's regular work period shall consist of no more than forty (40) working hours during a seven (7) day period.

For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.

A. All employees shall be assigned to work shifts with regular starting and ending times.

Assigned work shifts are subject to change.

Upon request of the employee, the City Manager or his/her designee shall consider the feasibility of flexible work schedules. The City retains the sole right to determine whether to approve and continue flexible work schedules.

FEA MOU 2
15 2. Overtime Definition
Except for standby provisions as described below, overtime is defined as hours worked in excess of forty (40) hour per week. Employees will not work overtime without prior authorization from their supervisor or department head, except in case of emergency.

3. FLSA 7(b) Work Period Overtime Exemption
Regarding work periods for Waste Water Treatment Plant (WWTP) operations employees:

Fortuna Employees Association petitioned and received certification under Section 7(b) of the Fair Labor Standards Act of 1938 to modify the standard work day and work week to provide for the following:

The Fortuna Employees Association, representing WWTP Operations Employees, modified work day and work week includes the existing standard work day of 8 hours and a standard hour work week of 40 hours to also include, with the concurrence of the City the following option:
 10 consecutive 8 hour days with 4 consecutive days off, described herein as the ‘10-8’ shift.

For purposes of the FLSA the 52 week 7(b) work period for WWTP Operations Employees shall be fourteen (14) days and shall consist of no more than eighty (80) hours within said work period at non-overtime rate of pay.

Under this agreement, overtime is defined as time worked in excess of the scheduled work day or time worked on a scheduled day off. In all events, time worked in excess of the hours specified above for a work period under the FLSA shall be overtime.

4. Rate Of Overtime
Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the employee's base rate of pay. The employee shall have the choice of taking overtime in cash or compensatory time off.

For all positions represented by the Association, for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.

5. Rest Periods
A. Each employee covered by this Agreement will be afforded rest periods.

B. The length of the rest periods will be fifteen (15) minutes during the first half of an employee's work shift, and fifteen (15) minutes during the last half of an employee's work shift, unless the City and the Association agree otherwise in writing.

FEA MOU 2
16 C. Travel time spent during a rest period to reach a destination shall be counted toward the allotted time for that rest period.

6. Accumulation Of Compensatory Time Off (CTO)
A. Employees represented by the Association acknowledge that it is in the best interest of the City to avoid overtime, and agree to work with their supervisors and department heads to rearrange their work week whenever possible to avoid the occurrence of overtime. In the event that overtime must be incurred, employees represented by the association will have two options: 1) be paid at one and one-half (1.5) times the employee's regular rate of pay, or 2) accumulate compensatory time off at the rate of one and one-half (1.5) times for each overtime hour worked up to a maximum of one hundred sixty (160) hours to be taken off at a later time as requested by the employee, and approved by the Supervisor.

B. Once an employee has banked a maximum of 160 hours of compensatory time, any additional overtime will be paid to the employee.

Banked CTO time may be sold back two (2) times each Fiscal Year up to a maximum of 80 hours on the next regular pay day, provided the request is made at least one (1) week prior to such payday.

C. An employee who has accrued compensatory time off shall be permitted by his/her supervisor to use such compensatory time within a reasonable period of time after making the request if the use of compensatory time does not unduly disrupt the operations of the City. Compensatory time off must be used in increments of not less than one-quarter hour.

Section XI: OTHER PAY / INCENTIVES

1. Standby Assignments
A. An employee who is required to remain on standby shall receive an additional twentynine dollars ($29) per day as standby allowance. A day is similar to a shift day in that it begins at 8:00 a.m. and runs to 7:59 a.m. the following morning. Because the “shift day” begins on one day and ends on the following day, it is understood the standby day shall be the day when the shift began. Employees who are called out while on standby shall receive two (2) hours minimum at time and one-half. Any employee who is called out on New Year’s Day, Christmas Day, Thanksgiving Day, or 4th of July, and works a minimum of eight (8) hours shall receive time-and-a half plus get (8) hours holiday to put in a bank to cash out; or may take the holiday on a different day within the same pay period.

B. An employee required to be on standby must be ready to report to work, fit for duty, within 30 minutes of notification. If not fit for duty, or if not reporting within 30 minutes, the employee's standby allowance shall be forfeited and disciplinary action may be initiated.

FEA MOU 2
17 C. Consistent with the current city vehicle policy, employees assigned to stand – by (or oncall) are permitted to take a city vehicle home for the purpose of assisting in a more rapid response to any call-back duties.

D. Utility Worker and Operator classes shall be subject to Standby Duty Assignment.

Standby Duty will be assigned by the supervisor in charge of the Utility Division.

Employees assigned cannot exchange this duty without the knowledge and permission of the supervisor in charge. The City will provide the employee assigned Standby Duty a pager unit or other form of portable communication for notification of an emergency.

2. Call Back*
When an employee represented by the Association is called out or called back to work at any time other than his/her regularly scheduled work time, the employee shall be compensated for a minimum of two (2) hours pay at the rate of one and one-half (1.5) times the employee's regular rate of pay, except that there shall be no minimum compensation guarantee in the event that such time is scheduled contiguous to the employee's regular duty shift. If the employee should complete the work required, leave the work location, and subsequently be recalled during the two hours being compensated for as a result of the initial call out, or call back, no additional compensation will be paid until two hours have been worked by the employee. An employee that receives a call back, who does not have to initiate travel to the site and can to resolve the issue by phone, is not eligible for call back pay.
*For the purpose of this MOU, a callback is defined as: a summons for a represented employee to drive to a specific location to address an emergency or to provide a service.

5.3. Out of Classification Differential Pay
Upon specific written assignment by the City Manager or his/her designee, an employee may be required, during a recruitment process for an unfilled position of a higher classification, to perform the duties in a job classification for which the rate of pay is greater than the employee's regular rate of pay. An employee so assigned for more than five (5) consecutive days shall receive an additional five percent (5%) of his or her base wage for all hours worked in such assignment. An employee so assigned shall not suffer any loss of benefits due to such assignment. Time worked in a higher rank shall not be credited toward the completion of probationary requirements in the higher rank.

6.4. Incentive Program
Certain members of the Association are eligible for incentives. For incentives achieved prior to July 1, 2011 incentives shall be paid as shown in the following table:

Position Incentive* Certification
Lab Director $2,000/year Waste Water II Certificate
Building Inspector 2% for each, up to max of four ICC Certificates: Combination, Plumbing, Electrical, Mechanical
FEA MOU 2
18 *percentage applied to base pay
For incentives achieved on, of after, July 1, 2011, incentives shall be paid as shown in Attachment A; “Public Works Qualification and Incentive Matrices” City and Association agree to meet and discuss integration of incentives into job descriptions.

7.5. Protective Footwear/Business Apparel Allowance
The City will provide an annual stipend up to $200.00 per Fiscal Year (July 1 to June 30) for the purchase of work boots and/or business attire based on job classification. The stipend will accumulate and be paid out one time annually and be included in the last pay period of the Fiscal Year. The stipend will be pro-rated for new employees or employees that leave employment prior to the end of the Fiscal Year.

8.6. Tool Allowance for Vehicle Mechanics
The City will reimburse up to two (2) vehicle mechanics up to $1,000 per Fiscal Year to purchase personal hand tools needed to perform their duties for the City of Fortuna. Requests for reimbursement will require purchase receipts and written approval of the Department Head.

9.7. Residency Incentive
As an incentive for employees to live within or near the city limits of the City of Fortuna, all Association employees who reside within 20 miles of the city limits of the City of Fortuna shall receive $50.00 per month as additional compensation.

10.8. Employee Use of Park & Recreation Programs
A. The following programs are offered to City Employees free of charge:
 President's Week – 4 days
 Spring Break – 5 days
 Summer Fun/Kiddie Kamp – 10 weeks
 Thanksgiving Week – 3 days
 Winter Break – up to 8 days
 Public Skating at the Firemen’s Pavilion in Rohner Park B. Children of employees of the City of Fortuna may attend the summer and holiday programs the Parks & Recreation Department offer free of charge while employees are working between the program hours of 7:30 a.m. – 5:30 p.m.

C. Children are able to attend these programs only if the City employee is working. The exception will be for Police Department employees who work graveyard shift, their children may attend the program during hours following their shift.

FEA MOU 2
19 D. If the employee has taken the day off, regular fees will apply E. The following programs are offered to City Employees at half price:
 Youth Basketball
 Basketball Camp

11.9. Education and Training Reimbursement
A. As an incentive to employee education and training, the City will reimburse employees one time for successful completion of certain coursework and exams related to their employment with the City. Reimbursements must be pre-approved by the Department Head and City Manager, and reimbursement will be given following the satisfactory completion of the course and/or exam. Books and reusable materials will become the property of the City and will be made available for use by other employees.

B. In order to assist employees who may not be financially able to bear the costs while waiting for reimbursement, the City Manager may approve an employee’s written request to prepay costs associated with approved education and training. These costs will be paid only one time per class, test, or related education and training, regardless of whether the employee passes or fails. If any employee does not pass, the cost for any subsequent attempts for the same class, test or related education and training will be paid by the employee.

Section XII: RETIREMENT SYSTEM

1. Miscellaneous employees (PERS Local Miscellaneous Members) Retirement Formulas:

1. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2%@62 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months.

For the 2% @ 62 formulas the employee contribution is paid by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.

2. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 2%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The 7% employee contribution is paid by the employee.

3. If employed prior to March 1, 2012, employee shall receive the 2.7%@55 (Full) PERS retirement formula, with the final compensation defined as the single highest year. The 8% employee contribution is paid by the employee.

FEA MOU 2
20 Section XIII: MISCELLANEOUS

1. Personnel Evaluations
A. For probationary employees, a performance evaluation is required, at a minimum, every six months.

B. Permanent employees, shall be evaluated annually from the anniversary date of original hiring or current position.

C. If an employee does not agree with an evaluation, the employee may prepare a written response to the evaluation which shall be kept in the employee’s personnel file with the contested evaluation. The employee also may request a meeting with the City Manager to discuss the evaluation.

D. A special employee performance evaluation may be done at any time to recognize exceptional, marginally acceptable, or unacceptable performance but would not be attached to a pay increase.

2. Rain Gear
The City will provide one set of adequate rain gear for each employee required to work outdoors in the rain on a regular basis.

3. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups (Government Code Section 3300 and following), before amending or creating new personnel rules.

4. Fair Labor Standards Act
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.

5. Layoffs
Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish a position in the classified service. Employees laid off or demoted under the provisions of this section shall be given at least two (2) weeks prior written notice.

In those cases wherein a classified employee is demoted in lieu of layoff, the employee who is placed in a lower job classification will be placed at the wage step representing the least loss in pay.

FEA MOU 2
21 6. No Strike and Lockout
During the term of this agreement, the City agrees that it will not lock out employees; and the Association, despite any sanctions or instructions by the Association, agrees that they will not engage in, encourage, or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing, with the City, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedures.

7. Waiver Clause
City and Association agree that, for the life of this agreement, each voluntarily and without qualification waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter pertaining to or covered by this Agreement, notwithstanding any other provisions of law to the contrary.

8. Full Understanding and Modification
This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters, are hereby superseded or terminated in their entirety. Any modification or amendment to this MOU must be agreed to in writing by both the Association and the City.

City agrees to consider revisiting the cost of living adjustment amount included to this MOU with the consent of the Association should the City’s recurring revenue to the General Fund increase by 15% or more in the second or third years of this agreement.

9. Term of Agreement
This Agreement shall be effective from April 1, 2022 and shall continue in effect through June 30, 2024.

10.Notification Procedure
The Association will notify the City by November 15, 2023 of its intent to open contract meet and confer sessions for the following Fiscal Year. Absent notification, the existing Agreement will remain in effect until June 30, 2024. The City may reopen contract meeting and conferring if necessary.

11.Savings Clause
If any section or subsection of this Agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation, or by judicial authority, all other sections or subsections of this Agreement shall remain in full force and effect FEA MOU 2
22 for the duration of this Agreement. In the event of invalidation of any section or subsection of this Agreement, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring over said section or subsection.

City of Fortuna Fortuna Employees
Association
Merritt Perry
City Manager
Date Jason Johnson, President Date
Siana L. Emmons
City Clerk/Human Resources
Manager
Date Matt Rogers, Vice President Date
FPEA MOU FY 2022-23 through 2023-24

Memorandum of Understanding
Between The City of Fortuna
and the
Fortuna Police Employees Association
April 1, 2022 through June 30, 2024
SECTION I: PREAMBLE ......................................................................................................................................3 SECTION II: RECOGNITION .................................................................................................................................3 SECTION III: SOLE AGREEMENT ...........................................................................................................................3 SECTION IV: CITY RIGHTS................................................................................................................................4 SECTION V: MINIMUM AGE ...............................................................................................................................5 SECTION VI: ASSOCIATION RIGHTS .................................................................................................................5

1. BULLETIN BOARDS................................................................................................................................................5

2. DUES DEDUCTION ................................................................................................................................................5 SECTION VII: CONTRACT GRIEVANCE PROCEDURE...........................................................................................6

1. GRIEVANCE PROCEDURE ........................................................................................................................................6 SECTION VIII: WAGES .......................................................................................................................................8

1. WAGE ADJUSTMENTS ...........................................................................................................................................8

2. BI-WEEKLY PAYROLL.............................................................................................................................................8

3. LONGEVITY PAY ...................................................................................................................................................8

4. NIGHT SHIFT DIFFERENTIAL ....................................................................................................................................9 SECTION IX: INSURANCE .....................................................................................................................................9

1. HEALTH & WELFARE.............................................................................................................................................9

2. OPTING OUT OF MEDICAL COVERAGE ....................................................................................................................10

3. STATE DISABILITY PROGRAM AND PORAC LONG TERM DISABILITY PROGRAM...............................................................10 SECTION X: HOLIDAY BENEFITS AND PAID LEAVES ........................................................................................... 11

1. VACATION ........................................................................................................................................................11

2. ACCRUED VACATION/SICK LEAVE RECORDS.............................................................................................................11

3. ANNUAL VACATION BUYBACK PROGRAM................................................................................................................11

4. HOLIDAYS .........................................................................................................................................................12

5. SICK LEAVE .......................................................................................................................................................12

6. FAMILY SICK/BEREAVEMENT LEAVE .......................................................................................................................13 SECTION XI: HOURS OF WORK AND OVERTIME................................................................................................. 13

1. WORK PERIOD FOR SWORN PERSONNEL .................................................................................................................13

2. WORK PERIOD FOR MISCELLANEOUS PERSONNEL.....................................................................................................14

3. FLSA 7(B) WORK PERIOD OVERTIME EXEMPTION....................................................................................................14 FPEA MOU FY 2022-23 through 2023-24

4. SCHEDULING .....................................................................................................................................................15

5. SENIORITY.........................................................................................................................................................16

6. OVERTIME DEFINITION........................................................................................................................................16

7. RATE OF OVERTIME............................................................................................................................................16

8. OVERTIME FOR COURT / MEETINGS / CALL BACK .....................................................................................................17

9. SHIFT TRADING..................................................................................................................................................18

10. ACCUMULATION OF COMPENSATORY TIME OFF (CTO).............................................................................................18 SECTION XII: OTHER PAY ............................................................................................................................... 19

1. UNIFORMS........................................................................................................................................................19

2. SAFETY EQUIPMENT............................................................................................................................................19

3. FIELD TRAINING OFFICERS....................................................................................19ERROR! BOOKMARK NOT DEFINED.

4. SERGEANT ASSIGNED TO SUPERVISE DISPATCH ........................................................................................................20

5. K-9 OFFICERS....................................................................................................................................................20

6. PROBLEM ORIENTED POLICING UNIT (POP) & DETECTIVE .........................................................................................20

7. DRUG TASK FORCE OFFICER .................................................................................................................................20

8. SCHOOL RESOURCES OFFICER ...............................................................................................................................20

9. ANIMAL EUTHANASIA .............................................................................................ERROR! BOOKMARK NOT DEFINED.

10. OUT OF CLASSIFICATION DIFFERENTIAL PAY ........................................................................................................2120

11. COMMUNICATIONS TRAINING DISPATCHER PAY .......................................................................................................21

12. ACHIEVEMENT INCENTIVES...................................................................................................................................21

13. RESIDENCY INCENTIVE .........................................................................................................................................21

14. BILINGUAL INCENTIVE .........................................................................................................................................21

15. EMPLOYEE USE OF PARK & RECREATION PROGRAMS ................................................................................................22

16. EDUCATION AND TRAINING REIMBURSEMENT..........................................................................................................22

17. PER DIEM AND REIMBURSEMENTS FOR TRAVEL....................................................................................................2322

18. RETIREMENT SYSTEM ..........................................................................................................................................23 SECTION XIII: MISCELLANEOUS....................................................................................................................... 24

1. PERSONNEL EVALUATIONS ...................................................................................................................................24

2. CITIZEN COMPLAINTS ..........................................................................................................................................24

3. USE OF RESERVE OFFICERS...................................................................................................................................25

4. PERSONNEL RULES .............................................................................................................................................25

5. FAIR LABOR STANDARDS ACT ...............................................................................................................................25

6. LAYOFFS ...........................................................................................................................................................25

7. MAINTENANCE OF OPERATIONS............................................................................................................................25

8. NO STRIKE AND LOCKOUT ....................................................................................................................................26

9. WAIVER CLAUSE ................................................................................................................................................26

10. FULL UNDERSTANDING AND MODIFICATION............................................................................................................26

11. TERM OF AGREEMENT.........................................................................................................................................26

12. NOTIFICATION PROCEDURE ..................................................................................................................................26

13. SAVINGS CLAUSE................................................................................................................................................26 FPEA MOU FY 2022-23 through 2023-24

Section I: PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF FORTUNA , hereinafter referred to as the CITY, and FORTUNA POLICE EMPLOYEES ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the CITY and the ASSOCIATION, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.

Section II: RECOGNITION
The City hereby recognizes the ASSOCIATION as the exclusive bargaining representative for those employees in the Police Employees representation unit consisting of the classes below, and agrees to meet and confer and otherwise deal exclusively with the Association on all matters related to the scope of representation pertaining to said employees as authorized by law.

The City recognizes as represented by the Association, the following classes of full-time employees:

1. Police Dispatcher II

2. Community Service Officer II

3. Police Officer

4. Police Sergeant

5. Administrative Assistant III

6. Records Clerk

7. Police Officer Trainee (Non-Sworn)
Section III: SOLE AGREEMENT
A. This Agreement signed by the parties hereto, and approved by the City Council, supersedes all other Agreements between the parties on the items contained herein.

B. Neither party shall be obligated to meet and confer during the term of this Agreement on any matter contained within this Agreement. However, if during this term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the City Manager for the City and the Association, and when approved by the City Council. Any such changes validly made shall become a part of this Agreement and subject to its terms.

FPEA MOU FY 2022-23 through 2023-24

C. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

Section IV: CITY RIGHTS
It is agreed that during the term hereof, the City shall not be required to meet and confer on matters, which are solely a function of management.

Except as otherwise specifically provided in this Agreement, the City has and retains the sole and exclusive rights and functions of management including, but not limited to, the following:

A. To determine the nature and extent of service to be performed, as well as the right to determine and implement its public function and responsibility.

B. To manage all facilities and operations of the City, including the methods, means, and personnel by which the City operations are to be conducted.

C. The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of, and the manner in which, the City's activities are conducted, managed, and administered, and the Association recognizes the exclusive right of the City to establish and maintain departmental rules and procedures for the administration of its departments.

D. The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.

E. To establish, modify, or change work schedules or standards.

F. To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employee.

G. To determine the location of all facilities.

H. To determine the layout and the machinery, equipment, or materials to be used.

I. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.

J. To determine the size and composition of the working force.

K. To determine policy and procedures affecting the selection or training of employees.

L. To establish, assess, and implement employee performance standards including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures of said assessment.

M. To control and determine the use and location of City's property, material, machinery, or equipment.

FPEA MOU FY 2022-23 through 2023-24

N. To schedule the operation of and to determine the number and duration of shifts.

O. To determine safety, health, and property protection measures.

P. To transfer work from one job to another or from one unit to another.

Q. To introduce new, improved, or different methods of operations or to change existing methods.

R. To lay off employees from duty for reasons of economy or because the need for a position no longer exists.

S. To reprimand, suspend, discharge, or otherwise discipline employees.

T. To establish, modify, determine, or eliminate job classifications.

U. To disseminate, modify, and enforce work and safety rules and regulations that do not contradict a specific provision of this Agreement.

V. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.

W. To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.

Section V: MINIMUM AGE
The minimum age for a Police Officer shall be 21 years of age at time of hire. The minimum age for a Community Services Officer, Dispatcher and Records Clerk shall be 18 years of age at time of hire.

Section VI: ASSOCIATION RIGHTS

1. Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on bulletin boards maintained on City premises, for a period of up to two (2) weeks. The Association shall not post notices that contain profane, obscene, or offensive content, as determined by the City.

2. Dues Deduction
Upon formal acknowledgement by the City of a Recognized Employee Organization as defined in Resolution 2007-04, A Resolution of the City Council of the City of Fortuna Establishing Policies Governing Employer-Employee Relations, such Recognized Employee Organization may be provided payroll deductions of membership dues upon written authorization of the FPEA MOU FY 2022-23 through 2023-24

individual employee on a form provided and maintained by the Association... The City shall make any such authorized employee deductions based on certification from the Association and provide reports of these transactions to the Association. The Association hereby agrees to indemnify, defend and hold harmless the City for any loss or damages, claims or causes of action arising from Association dues deductions pursuant to this agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. In the event that any provision of the section is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provision.

Section VII: CONTRACT GRIEVANCE PROCEDURE

1. Grievance Procedure
A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning:

1. A claimed violation or non-compliance with the provisions of this MOU.

2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions.

3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment.

B. The following matters are specifically excluded from the grievance procedure:

1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes)

2. The content of performance evaluations

3. Layoff

4. Transfer

5. Denial of reinstatement

6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation

7. Challenges to a reclassification, examination or appointment to position

8. Management of the City generally, or issues of City or Department policy FPEA MOU FY 2022-23 through 2023-24

9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs

10. Methods of financing

11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force

12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions

13. Determination of work assignments and schedules

14. Determination of productivity or performance programs and standards

15. Determination of standards, policies, and procedures for selection, training, and promotion of employees

16. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities C. The following are the steps to be taken by any employee who has a grievance. It should be noted that any employee who has a problem or a complaint should try to resolve the problem at the lowest level of management. This should be done through discussion with the employee's immediate supervisor.

Step 1
(a) The employee shall explain the situation to the immediate supervisor who shall either alone or together with his or her supervisors reach a decision and communicate it to the employee in writing within ten (10) working days after receipt of the grievance.

Such discussion shall be initiated within ten (10) working days of the incident complained of, or within ten (10) working days from the date the employee should have reasonably become aware of the incident, or the grievance is deemed to have been waived.

Step 2
(a) If the grievance is not settled at the first step, or if the grievance directly concerns the employee’s immediate supervisor, the employee may submit to the Chief of Police the grievance in writing within ten (10) working days of the written response, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The Chief of Police shall notify the employee in writing of his or her decision within ten (10) working days after receipt of the notice or grievance.

FPEA MOU FY 2022-23 through 2023-24

Step 3
(a) If the grievance is not settled at the second step, the employee may within ten (10) working days of the written response submit the grievance in writing to the City Manager, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.. (b) The City Manager shall notify the employee, the Chief of Police, and the employee's immediate supervisor in writing of his/her decision within ten (10) working days after receipt of notice of grievance. The City Manager’s decision is final and binding.

D. Failure of the employee to follow the procedure or time frames provided in the Grievance Procedure shall constitute grounds for dismissing the grievance.

Section VIII: WAGES

1. Wage Adjustments
During the term of this two-year agreement, for all Association employees except Police Sergeants the City offers a 12% increase to base pay as a Cost of Living Adjustment (COLA) Effective April 1, 2022). Police Sergeants will receive a 16% increase to base pay as a COLA effective April 1, 2022.

The FPEA may reopen negotiations on Section VIII, subsection 1. Wage Adjustment if the City of Fortuna Sales Tax (including Measure E TUT) exceeds $4.7 million for the fiscal year ending June 30, 2023.

2. Bi-Weekly Payroll
City employees shall be paid on a bi-weekly basis on Fridays.

3. Longevity Pay
Upon completion of 10 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional five percent (5%) of base wage as longevity pay. Those employees who already receive the 2% at 2 years retention pay will receive an additional 3% at 10 years for a total increase of 5%. Longevity pay and 2-year retention pay may not be stacked to provide payment of greater than 5% of base wage.

Longevity pay will not be paid retroactively for work performed prior to July 1, 2013 for employees who have worked more than ten years, but will be effective and paid as of July 1, 2013.
***Note: FPEA members who receive the flat rate incentive of $950 per year and Police Sergeants who receive the flat rate incentive of $1,100 per year will continue to receive those flat rate incentives. However, upon ten (10) years of service, that incentive will change to 5% FPEA MOU FY 2022-23 through 2023-24

of base wage as longevity pay. The 5% will not be added to the flat rate as additional incentive.

4. Night Shift Differential
For any employee who works a minimum of 4 scheduled hours between the hours of 7:00pm and 7:00am excluding call outs shall be paid an additional fifty cents (.50) per hour, above regular hourly rate. If the employee worked any continuous hours prior to 7:00pm or after 7:00am and those hours are continuous to at least (4) four hours worked after 7:00pm or before 7:00am, the employee shall be paid the additional fifty cents (.50) per hour for all hours worked.

Section IX: INSURANCE

1. Health & Welfare
The City agrees to provide medical, dental, vision and life insurance for employees in the Police Employees representation unit.

A. For the term April 1, 2022 through June 30, 2022, for all employees in the Police Employees representation unit, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program shall be as follows:

Monthly Costs With $250 Deductible
Employee Employee +1
Employee +2
(or more)
Medical- Anthem/Blue Cross $837.00 $1,753.00 $2,503.00
Vision-VSP $18.20 $18.20 $18.20
Dental-Delta Dental $56.84 $96.20 $143.20
Life (10,000) $1.65 $1.65 $1.65
Employee Assistance Program $2.84 $2.84 $2.84
Total insurance costs $916.53 $1,871.89 $2,668.89
Amount paid by City $790.99 $1,608.95 $2,293.45
Amount paid by Employees (Monthly) $125.54 $262.94 $375.44 B. Medical Premiums will be split between the City at 85% and the employee at 15%.

C. The City will provide a vision plan and a dental plan, through the Redwood Empire Municipal Insurance Fund (REMIF) for all represented employees. Vision and dental coverage are optional; however, if an employee declines the coverage the amount paid by the employee will stay the same.

D. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.

FPEA MOU FY 2022-23 through 2023-24

E. Cal Ore Life Flight benefits will be provided for all full time benefitted employees and their household through the REMIF plan; employees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.

F. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.

G. The City will provide access to Aflac supplemental insurance options to all City employees. Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.

2. Opting Out of Medical Coverage
A. Under the following circumstances, an employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:

1. The medical insurance plan must allow a full time employee to decline coverage, and the employee can meet all requirements for opting out of coverage.

2. The employee must provide written proof of other coverage.

3. All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.

B. This MOU provides for employees to opt out of the medical insurance coverage and receive $500.00 per month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family.

If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.

C. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for Vision and Dental only. The cost to the employee would be the minimum monthly contribution rate of $50 single/$75 Employee +1/$100 Employee +2, respectively for both, as a package. The employee share for the Vision/Dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.

3. State Disability Program and PORAC Long Term Disability Program All employees covered by this MOU are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.

FPEA MOU FY 2022-23 through 2023-24

All employees covered by this MOU may choose to participate in the PORAC Long Term Disability Program. Premiums are to be paid by the employee. PORAC benefits shall be integrated with sick leave.

SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, vacation, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, PORAC or other benefits in an amount exceeding the employee’s regular wage or wage.

Section X: HOLIDAY BENEFITS AND PAID LEAVES

1. Vacation
The vacation schedule for all employees represented by the Association shall be as follows:

Full Years of Service
Completed by Employee
Vaction Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hours annually
11 years and Over 160 Hours annually
Vacation leave may be taken as it accrues, after one year of employment. The date of vacation leave may be selected by the employee on a seniority basis, and must be approved by the Chief of Police. Each employee in the FPEA shall be granted at least ten (10) days of vacation per calendar year if the employee has vacation time accrued.

An employee who becomes ill or has a family medical emergency during his or her scheduled vacation may elect to use sick leave or family sick leave in lieu of vacation time, provided the Chief of Police is notified at the beginning of the illness, injury or emergency and at the end of the illness, injury or emergency and, provided further, the employee, upon return from vacation, furnishes the Chief of Police with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury or family members emergency during his or her vacation.

2. Accrued Vacation/Sick Leave Records
The City will provide each employee on a bi-weekly basis a record of accrued vacation and sick leave which the employee has earned. Vacation may be accumulated up to an amount equal to an employee's allowable vacation credits for two (2) years. Once an employee has reached the maximum accumulation limit for vacation leave, the employee will cease accruing additional vacation benefits until the employee has used a portion of his or her accrued vacation and reduces his or her balance below the maximum accumulation limit. Thereafter, vacation benefits will again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.

3. Annual Vacation Buyback Program
FPEA MOU FY 2022-23 through 2023-24

On an annual basis, the City agrees to allow those employees covered by this MOU to sell up to 90% of vacation hours accrued in one fiscal year. The minimum leave time that may be subject to the buyback is eight (8) hours. Vacation time may be sold back two times each fiscal year up to a maximum of 90% of what the employee accrues in a fiscal year. In order to participate in this program, the employee must return a form approved by management that is dated and signed.

Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Vacation time paid pursuant to this provision shall be subtracted from the employee’s accumulated vacation time balance. Upon separation, all unused accrued vacation leave shall be paid to the employee at his or her rate of pay.

4. Holidays
A. The City agrees to pay all full-time regular employees in the Police Employees representation unit for twelve (12) holidays per year, in lieu of a day off. Recognized holidays are: New Year's Day, the day observed as President’s Day, Memorial Day, Independence Day, Admission Day, Labor Day, Columbus Day, Veterans Day, Martin Luther King Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving. Employees shall receive eight (8) hours of pay for a holiday.

B. All holidays will be paid at a rate of eight (8) hours of straight time in the pay period in which the holiday occurs or, at the employee's option, the holiday may be accrued as eight (8) hours of compensatory time off in lieu of pay. Such compensatory time off may be accrued up to one hundred sixty (160) hours to be taken at a later time as requested by the employee and approved by the Chief of Police as provided in Paragraph 29 of this MOU. rate of pay
C. Employees may choose to receive all twelve days of holiday pay at one time on the first payday in December of each year for the holidays accrued during the preceding holiday year. The holiday year in this option starts with Christmas day and ends with the day after Thanksgiving. Once an employee elects to participate in this option, he/she must stay in the program for the entire holiday year. The payroll department must be notified in writing each year by December 25 if an employee wishes to participate in this option.

5. Sick Leave
Sick leave is a benefit that should be used only when it is necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.

A. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability.

Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.

FPEA MOU FY 2022-23 through 2023-24

B. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.

C. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action.

6. Family Sick/Bereavement leave
A. An employee may be granted up to forty eight (48) hours per fiscal year for family sick leave with pay, per California Labor Code Section 233. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household. For family sick leave purposes, immediate family member shall include spouse, legally legally registered domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.

Family sick must be taken in not less than quarter hour increments.

B. An employee in the FPEA may be granted up to forty (40) hours bereavement leave with pay for each covered death. Bereavement leave is applicable when death occurs in the employee's immediate family. Such family shall include spouse, leagally registered legally legally registered domestic partner, parents, children, stepchildren, children of a legally registered legally legally registered domestic partner, grandparent, grandchild, brother, sister, mother/father-in-law, parent of a legally registered legally legally registered domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Personnel Officer. Misuse of bereavement leave privileges is grounds for disciplinary action. The City Manager shall approve bereavement leave.

C. For purposes of this section, legally legally registered domestic partner means an individual as defined in Family Code section 297 et s
Section XI: HOURS OF WORK AND OVERTIME

1. Work Period for Sworn Personnel
The City and the Association agree to an FLSA (7k) 14 day work period. For the term of this MOU, all employees represented by the FPEA, the normal work period shall consist of eighty (80) hours worked within fourteen (14) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the second successive Saturday. The "work period" and "pay period" shall FPEA MOU FY 2022-23 through 2023-24

coincide. For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.

In this work period, the normal work schedule shall consist of one or more of the following, as determined by the Chief of Police and the City Manager:
4-10 Plan – Four (4) consecutive days of ten (10) hour shifts followed by three consecutive days off.
3-12 Plan – Seven (7) workdays in a fourteen (14) day pay period, consisting of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift. One (1) week shall consist of (4) successive workdays.

For employees assigned to the School Resource Officer Position:
5-8 Plan – Five (5) workdays of eight (8) hour shifts in a workweek. One (1) week shall consist of five (5) consecutive workdays.

Scheduling adjustments may be made to an employee's days off schedule to accommodate his/her attendance at an external training session. The total number of days off in the month will not be reduced and the employee shall not work more than seven (7) consecutive days without a day off when the employee’s shift is adjusted for an external training session.

Scheduling adjustments may also be made to accommodate extended investigations, court assignments or major incidents, more than one (1) workweek in length.

2. Work Period for Miscellaneous Personnel
For purposes of the Fair Labor Standards Act (FLSA) the work period for miscellaneous employees shall be seven consecutive (7) days and shall consist of no more than forty (40) hours in said work period at non-overtime rate of pay. The normal work period shall begin at 12:00 a.m. Sunday and ending 11:59 p.m. on the successive Saturday, or as otherwise designated for employees on a flexible or modified schedule. For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.

3. FLSA 7(b) Work Period Overtime Exemption
In furtherance of modifying the standard workday and workweek to provide for the outlined options, the Fortuna Police Employees Association petitioned and received certification under Section 7(b) of the Fair Labor Standards Act of 1938.

As such, the City and Fortuna Police Employees Association (representing all Police Dispatchers) wish to modify shifts of the Police Dispatchers. Beginning April 1, 2002 shifts for Dispatchers will include the standard shift, the 4-10 shift or 12 hour shift as previously outlined and as scheduled by the Police Chief.

FPEA MOU FY 2022-23 through 2023-24

The following work-period options for miscellaneous employees were added in 2002 under the provisions of the Fair Labor Standards Act of 1938, section 7(b):

The Fortuna Police Employees Association, representing Police Dispatchers, desire to amend the work day and work week for miscellaneous employees to include other options from the existing standard work day of 8 hours and a standard hour work week of 40 hours to also include, with the concurrence of the City the following two options:
a.) 4-10 shift; four days per week, 10 hours days, and
b.) 12 hour shift; three 12-hour days, one week with three 12-hour days and an 8 hours day the following week.

For purposes of the FLSA the work period for miscellaneous police employees working under the 52 week 7(b) exemption, shall be fourteen (14) days and shall consist of no more than eighty (80) hours within said work period at non-overtime rate of pay.

Under this agreement, overtime is defined as time worked in excess of the scheduled workday or time worked on a scheduled day off. In all events, time worked in excess of the hours specified above for a work period under the FLSA shall be overtime.

4. Scheduling
A. One (1) Police Sergeant, one (1) Police Officer, one (1) Dispatcher assigned to a relief position shall be scheduled to work a modified one hundred and sixty (160) hours in two (2) pay periods. Sergeant, Officer and Dispatcher assigned to relief positions may be scheduled to work an eight (8) hour, ten (10) hour or twelve (12) hour shift, or other modified shift hours to be determined by the scheduling supervisor with approval by the Chief of Police, and may or may not work successive days and/or enjoy successive days off, but shall not work more than eight (8) consecutive days without a day off. Sergeants and Officers will not be assigned as relief position more than once every twelve (12) months unless voluntarily or in the case of an emergency.

B. If at any time Department staffing drops below a sufficient level of non-grant funded Police Officers (including trainees) as determined by the Chief of Police and the City Manager, the City shall have the option of immediately discontinuing the 4-10 and/or the 3-12 schedules and or create a new schedule until such time as staffing rises to a sufficient level of Police Officers and/or dispatchers.

C. When an employee represented by the Association works a split shift (for example 7:00 p.m. to 3:00 a.m.), said employee will not be paid overtime if he or she has been given no less than eight (8) hours off duty before returning to another scheduled work shift. The City agrees that such scheduling will not occur twice in any three shifts to create a double, double back.

D. An employee in the field training program or community services officer or dispatch in an initial training program may be assigned to work other than a regular work week in order FPEA MOU FY 2022-23 through 2023-24

to allow him/her to work different shifts with different trainers as a part of his/her training program. The employee in the training program should be scheduled to work eighty (80) hours in a pay period when determined feasible by the Chief of Police. The employee in the training program shall be scheduled to work one hundred and sixty (160) hours in two (2) pay periods. The employee in the training program may be scheduled to work an eight (8) hour, ten (10) hour or twelve (12) hour shift, or other modified shift hours to be determined by the scheduling supervisor with approval by the Chief of Police and may or may not work successive days and/or enjoy successive days off, but shall not work more than eight (8) consecutive days without a day off.

E. Shift rotation will occur in the months of January, April, July, and October at the start of a work period. The applicable work period will be determined by the Chief of Police and the scheduling supervisor to be the least disruptive, ensure police coverage of services and provide uninterrupted 80-hour work periods. Shift change may require an employee to work more than five (5) consecutive days because of changes in scheduled days off.

F. Additionally during the Shift Rotation process when an employee rotates from a night shift to an immediate day shift, a day off must be initiated as the employee cannot work 24 hours straight. The employees affected by this rotation would not meet their 80 hour work period so in order to resolve this, the scheduling supervisor will determine and will make scheduling adjustments to insure the employee will work 80 hours in the work period. This can be accomplished by adjusting work hours or by providing the employee the day off and an alternative day, which will meet the Department’s needs, will be selected from the employee’s days off during the same work period. If the scheduling supervisor determines there is adequate shift coverage then the affected employee may be offered the opportunity to utilize compensatory time or vacation time to fulfill the 80 hours in the work period.

5. Seniority
For purposes of scheduling seniority will be determined by time in a job class with the City, not time employed by the City.

6. Overtime Definition
The City and Association agree to the establishment of an FLSA 7(k) overtime exemption with a 14 day work period.

Overtime will be calculated as hours worked (including vacation time, sick leave, compensatory time off, holidays, and administrative leave) in excess of eighty (80) hours within a pay period of fourteen (14) consecutive days for all employees represented by the Fortuna Police Employees Association.

7. Rate Of Overtime
FPEA MOU FY 2022-23 through 2023-24

Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the employee's rate of pay. This will be shown as “T-1/2”. The employee shall have the choice of taking overtime paid out in a paycheck or compensatory time off, unless specified differently in the following provisions.

For all positions represented by the Association, for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.

8. Overtime for Court / Meetings / Call Back
A. General provisions applicable to court time:

Employees required to appear at Court during off duty hours will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay unless the court appearance is held contiguous to the employee’s regular shift, then it will be paid as actual time worked.

All meetings with the District Attorney's Office shall be considered court time.

Definition of “contiguous to the employee’s regular shift " shall be any court appearance or required training/meeting scheduled within one (1) hour of the end or beginning of the employee’s shift.

B. Employees covered by this MOU will not be allowed to come in to work on a scheduled day off or while on paid leave if it would incur overtime, unless approved by the Police Chief or his designee.

C. Employees who attend the Semi-Annual Department meetings held in July and December, during off duty hours, will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay.

D. Management Employees (Sergeants) who must attend the monthly management meetings during off duty hours will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay unless the meeting is held contiguous to the employee’s regular shift, then it will be paid as actual time worked.

E. All Additional Staff Meetings, Training (including monthly K-9 training) or Range resulting in overtime will be calculated on actual hours worked at the rate of one and onehalf (1.5) times the employee's rate of pay thereafter. No Minimum.

F. Sworn Employees:

Call Back to Duty: minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay for safety officers called back to actual police duty (as defined as actual Law enforcement activities in the FLSA, 29 CFR 553.211(a) ). There shall be no minimum call back compensation if such time is scheduled contiguous to the employee’s regular shift, then it will be paid as actual time worked.

FPEA MOU FY 2022-23 through 2023-24

G. Non-Sworn Employees:

Call back to Work: minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay for miscellaneous employees represented by the Association. There shall be no minimum call back compensation if such time is scheduled contiguous to the employee’s regular shift, then it will be paid as actual time worked.

9. Shift Trading
Employees may trade shifts if:
a. The trading of time is done voluntarily by the employees participating in the program.
b. The shift supervisor and the Lieutenant approves the trade. c. The period during which time is traded and paid back shall not exceed thirty (30) days.
d. As allowed by FLSA and notwithstanding any other provision of this section, any overtime hours that result from an employee's requested shift trade shall not be considered “overtime” for purposes of overtime compensation.

10.Accumulation Of Compensatory Time Off (CTO)
A. All overtime worked shall, at the option of the employee, be either paid out in a paycheck at one and one-half (1.5) times the employee's rate of pay or shall be accumulated as compensatory time off at the rate of one and one-half (1.5) times each overtime hour worked up to a maximum of one hundred sixty (160) hours to be taken off at a later time as designated by the employee, with the approval of the Chief of Police or his designee; B. Any employee who exceeds the CTO cap will automatically receive payment of any overage on the next regular payday. Employees who are at or above the cap at the time this agreement is adopted will be allowed to maintain all accumulated compensatory time, but will not accrue additional time until they fall below the cap.

C. An employee who has accrued compensatory time off shall be permitted by his/her supervisor to use such compensatory time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the City as determined by the Chief of Police or his/her designee. Compensatory time off shall be taken in quarter-hour increments.

D. Per 29 C.F.R 553.21, upon separation of employment with the City, the employee shall be paid for the unused time at a rate of compensation not less than: (1) the average regular rate received by such employee during the last three (3) years of employee's employment; or (2) the final regular rate received by such employee, whichever is higher.

FPEA MOU FY 2022-23 through 2023-24

E. Banked CTO time may be sold back once each quarter up to a maximum of 160 hours on the next regular payday provided the request is made at least one (1) week prior to such payday.

Section XII: OTHER PAY

1. Uniforms
The City agrees to pay an annual uniform allowance to Police Employees representation unit employees as follows:

Police Officers and Sergeants $1,000 per year for term of agreement Community Service Officer II* $1,000 per year for term of agreement Police Dispatcher II $600 per year for term of agreement Records Clerk $600 per year for term of agreement
Administrative Assistant III $600 per year for term of agreement The uniform allowance shall be made in two payments, semi-annually, by January 15 and July 15 of each year. The allowance is for the purchase, repair and maintenance of required uniform items not provided by the City.

The City agrees to purchase uniforms for employees at the time of hire in lieu of paying the first year’s uniform allowance.

2. Safety Equipment
The allowable amount to be loaned for equipment purchases will be $500. When available, grant funds and COPS money will be used to purchase protective armor vests for officers and sergeants. Since the City of Fortuna provides protective body armor vests for all sworn Officers, all Officers are required to wear their protective vests while working in full uniform during their regular duty patrol shift, unless specifically exempted by the Chief of Police.

3. Field Training Officers
The City agrees to pay an extra five percent (5%) wage adjustment to Field Training Officers as specifically assigned by the Chief of Police. There may be up to three (3) assigned FTOs at any given time.

3. Specialty Assignments
Whenever any employee is POST certified and is assigned to perform the duties set forth herein, such employee’s wages shall be increased by five percent (5%) while actually engaged in such FPEA MOU FY 2022-23 through 2023-24

duties. Specialty Assignments include: Field Training Officer, Range Master or Firearms Instructor, Acting Watch Commander (Officer in Charge), SWAT Operator, Public Information Officer, Tactical Dispatch, Hostage Negotiations, Defensive Tactics Instructor, Use of Force Instructor, Emergency Vehicle Operations Instructor, Impact Weapons / OPN Instructor, Implicit Bias and Procedural Justice Instructor, Taser Instructor and/or any other in-service instructor positions approved by the Chief of Police. This section of the MOU shall not limit the number of designated Field Training Officer’s or specialty instructors utilized by the department. [CD1]

4. Sergeant Assigned to Supervise Dispatch
The City agrees to pay $3,250 per year (added to base rate) to a Sergeant to supervise dispatch as specifically assigned by the Chief of Police.

5. K-9 Officers
The City will pay the K-9 Officer a $6,000 annual stipend paid out proportionately per paycheck each Fiscal Year.

Pursuant to 29 Code of Federal Regulations Section 778.419, the City and FPEA understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings.

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties.

Required K-9 training outside of a regularly scheduled workday shall be paid at T-1/2 of the officer’s rate of pay. Food, paid grooming, and veterinary expenses to be reimbursed.

Assignment of this position is at the discretion of the Police Chief.

6. Problem Oriented Policing Unit (POP) & Detective
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the POP Officer and Detective positions.

7. Drug Task Force Officer
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the Humboldt County Drug Task Force provided the salary for the position is funded by a Humboldt County tax measure.

8. School Resources Officer
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the School Resources Officer provided the salary for the position is funded by a Humboldt County tax measure.

FPEA MOU FY 2022-23 through 2023-24

9. Out of Classification Differential Pay
Upon specific written assignment by the Chief of Police or a designee, an employee may be required, subject to employee agreement, to perform the duties in a job classification for which the rate of pay is greater than the employee's rate of pay. An employee so assigned for more than five (5) consecutive days shall receive an additional five percent (5%) of his or her base wage for all hours worked in such assignment. An employee so assigned shall not suffer any loss of benefits due to such assignment. Time worked in a higher rank shall not be credited toward the completion of probationary requirements in the higher rank.

10.Communications Training Dispatcher Pay
The City agrees to pay dispatchers 5% of base pay as an incentive for hours worked while training new dispatchers when specifically assigned by the Chief of Police.

11.Achievement Incentives
Certain members of the Association are eligible for incentives. Effective July 1, 2013, employees represented by the Association may have added to their base wage additional pay according to the following schedule:
, or
Intermediate POST Advanced POST Supervisory POST
Police Officer $3,300/year, or $6,600/year
Sergeant $3,950/year, or $7,900/year $2,800/year
Police Dispatcher II $900/year, or $1,800/year
Employees must provide proof of successful attainment of certificates in order to qualify for incentive pay (other than retention incentive).

If an Officer promotes to Sergeant, the incentives will be pro-rated to reflect the portion of the year spent in each position.

To remain eligible for said incentive pay an employee must maintain satisfactory job performance as determined by the Chief of Police. To qualify for the above incentive pay, Police Officers and Sergeants shall have incentive pay recommended by the Chief and approved by the City Manager.

12.Residency Incentive
As an incentive for employees to live within or near the city limits of the City of Fortuna, all Fortuna Police Employees representation unit employees who reside within 20 miles of the city limits of the City of Fortuna shall receive $50.00 per month as additional compensation.

13.Bilingual Incentive
FPEA MOU FY 2022-23 through 2023-24

City agrees to pay $100/month for employees that meet minimum standards for a second language (approved by City Manager and Police Chief) with proper certification/verification.

Any costs incurred related to obtaining the Bilingual incentive including but not limited to travel, training and test materials shall be the employees responsibility.

14.Employee Use of Park & Recreation Programs
A. The following programs are offered to City Employees free of charge:
 President's Week – 4 days
 Spring Break – 5 days
 Summer Fun/Kidde Kamp – 10 weeks
 Thanksgiving Week – 3 days
 Winter Break – up to 8 days
 Public Skating at the Firemen’s Pavilion in Rohner Park B. Children of employees of the City of Fortuna may attend the summer and holiday programs the Parks & Recreation Department offer free of charge while employees are working between the program hours of 7:30 a.m. – 5:30pm.

C. Children are able to attend these programs only if the City employee is working. The exception will be for Police Department employees who work the graveyard shift; their children may attend the program during hours following their shift.

D. If the employee has taken the day off regular fees will apply E. The following programs are offered to City Employees at half price:
 Youth Basketball
 Basketball Camp

15.Education and Training Reimbursement
A. As an incentive to employee education and training, the City will reimburse employees one time for successful completion of certain coursework and exams related to their employment with the City. Reimbursements must be pre-approved by the Department Head and City Manager, and reimbursement will be given following the satisfactory completion of the course and/or exam. Books and reusable materials will become the property of the City and will be made available for use by other employees.

B. In order to assist employees who may not be financially able to bear the costs while waiting for reimbursement, the City Manager may approve an employee’s written request to prepay costs associated with approved education and training. These costs will be paid FPEA MOU FY 2022-23 through 2023-24

only one time per class, test, or related education and training, regardless of whether the employee passes or fails. If any employee does not pass, the cost for any subsequent attempts for the same class, test or related education and training will be paid by the employee.

16. Per Diem and Reimbursements for Travel
A. Per the City’s adopted Travel Policy, prior to travel  Non-elected or appointed City employees must obtain approval from an authorized Department Head or City Manager in advance of travel for City business.
 The City’s Travel Authorization Form must be used to obtain and document approval of each trip prior to travel. The Travel Authorization form is required to approve and document estimated expenses and reimbursements associated with travel.
 The City will pay for an employee’s meals for business travel, including tax, and tips at the per diem rate established by the General Services Administration (GSA) for the area in which travel occurs.  Receipts are not required to request per diem. Reimbursement should be requested by use of a Travel Request form prior to departure but can be submitted after the fact. If submitted after the fact, the employee will have to use their own out of pocket funds for meal expenses and will be reimbursed in the next regularly scheduled check run.

B. There will be no meal reimbursements or stipends, including local training, outside of the current adopted Travel Policy.

17.Retirement System
Non-sworn employees (PERS Local Miscellaneous Members) Retirement Formulas:

A. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2%@62 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. For the 2% @ 62 formulas the employee contribution is paid by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.

B. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 2%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The employee pays the 7% employee contribution.

C. If employed prior to March 1, 2012, employee shall receive the 2.7%@55 (Full) PERS retirement formula, with the final compensation defined as the single highest year. The employee pays the 8% employee contribution.

FPEA MOU FY 2022-23 through 2023-24

Sworn Employees (PERS Local Safety Members) Retirement Formulas:

A. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2.7%@57 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. For the 2.7 % @ 57 formulas the employee contribution is paid by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.

B. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 3%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The employee pays the 9% employee contribution.

C. If employed prior to June 24, 2012, employee shall receive the 3%@50 (Modified) PERS retirement formula, with the final compensation defined as the single highest year. The employee pays the 9% employee contribution.

D. The City agrees to provide PERS "1959 Survivor Benefits, Third Level" for represented safety employees. Safety employees shall pay for this benefit.

Section XIII: MISCELLANEOUS

1. Personnel Evaluations
A. For probationary employees, a performance evaluation is required, at a minimum, every six months.

B. Permanent employees shall be evaluated annually from the anniversary date of original hiring or current position.

C. If an employee does not agree with an evaluation, the employee may prepare a written response to the evaluation, which shall be kept in the employee’s personnel file with the contested evaluation. The employee also may request a meeting with the City Manager to discuss the evaluation.

D. A special employee performance evaluation may be done at any time to recognize exceptional, marginally acceptable, or unacceptable performance but would not be attached to a pay increase

2. Citizen Complaints
The City and the Association agree that it is in the interest of the City, the citizens of Fortuna and the members of the Association that citizens' complaints be investigated promptly and resolved as quickly as possible. The following procedures will be used in handling citizen complaints:

FPEA MOU FY 2022-23 through 2023-24

A. Except in cases of emergency, whenever requested by the officer under investigation and prior to any interrogation based on a citizen's complaint that may lead to punitive action, the officer shall be provided with a statement, in writing, containing the nature and circumstances of the complaint.

B. Findings will be made on any citizen's complaint within one hundred twenty (120) days of the date the complaint is received and the Chief of Police will take such actions as are within his power within said one hundred twenty (120) days.

3. Use of Reserve Officers
In order to compensate for staffing deficiencies, the Chief of Police may assign Level One Reserve Officers to work paid shifts. Such assignments will not replace permanent positions. The Reserve Officers will perform basic police officer functions to assist and supplement existing patrol staff.

4. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups (Government Code Section 3300 and following), before amending or creating new personnel rules.

5. Fair Labor Standards Act
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.

6. Layoffs
Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish a position in the classified service. Employees laid off or demoted under the provisions of this section shall be given at least two (2) weeks prior written notice.

In those cases wherein a classified employee is demoted in lieu of layoff, the employee who is placed in a lower job classification will be placed at the wage step representing the least loss in pay.

7. Maintenance of Operations
Both the City and the Association recognize that the need for continuous and uninterrupted operation of the City and the Police Department is of paramount importance. Therefore, the Association agrees that neither the Association nor any person acting officially on its behalf will cause, authorize, engage in, encourage or sanction a work stoppage, slow-down or picketing except for information picketing; nor will any employee represented by the Association engage in FPEA MOU FY 2022-23 through 2023-24

a concerted or collective action to withhold his or her services through the use of sick leave. It is further understood that if the City Manager has reason to believe a concerted action on the part of members of the Association to withhold their services through the use of sick leave is occurring he may request any employee absent from work on sick leave to provide a certificate from a licensed medical doctor stating the nature of the employee's illness and the need for his absence from work. Failure of any employee to satisfactorily provide such certificate will be grounds for disciplinary actions, including dismissal.

8. No Strike and Lockout
During the term of this agreement, the City agrees that it will not lock out employees; and the Association, despite any sanctions or instructions by the Association, agrees that they will not engage in, encourage, or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing, with the City, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedures.

9. Waiver Clause
City and Association agree that, for the life of this agreement, each voluntarily and without qualification waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter pertaining to or covered by this agreement, notwithstanding any other provisions of law to the contrary.

10.Full Understanding and Modification
This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters, are hereby superseded or terminated in their entirety. Both the Association and the City must agree to any modification or amendment to this MOU in writing.

11.Term of Agreement
This agreement shall be effective from April 1, 2022 and shall continue in effect through June 30, 2024.

12.Notification Procedure
The Association will notify the City by November 15, 2023 of its intent to open contract meet and confer sessions for the following fiscal year. Absent notification, the existing Agreement will remain in effect until June 30, 2024. The City may reopen contract meeting and conferring if necessary.

13.Savings Clause
FPEA MOU FY 2022-23 through 2023-24

If any section or subsection of this Agreement should be found invalid, unlawful or unenforceable because of any existing or subsequently enacted legislation or by judicial authority, all other sections or subsections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any section or subsection of this Agreement, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring over said section or subsection.

City of Fortuna Fortuna Police Employees
Association
Merritt Perry,
City Manager,
Chief Labor Negotiator
Date Justin Primofiore, President Date
Siana L. Emmons
CityClerk/Human Resources
Manager
Date
Business Agenda Item 5c

STAFF REPORT
City Council Business Agenda Item
DATE: February 22, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Establish and Authorize Supplemental Compensation and Benefits for Management and Confidential Employees, Resolution 2022-04 STAFF RECOMMENDATION:

Staff is recommending the Council Consider establishing and authorizing supplemental compensation and benefits for management and confidential employees by adopting Resolution 2022-04.

EXECUTIVE SUMMARY:

The City’s Management and Confidential employee classifications consist of both sworn (police) and general employees that are unrepresented, which means they have not engaged in collective bargaining with the City on matters related to wages, benefits and other terms and conditions of employment. As negotiations for Memorandum of Understandings (MOU’s) are reaching conclusion for the represented employee groups, it is recommended that Council also consider addressing wages, benefits and other terms and conditions of employment that pertain to the City’s unrepresented classifications.

Although the Management and Confidential employees have not negotiated and therefore do not have an MOU, I have drafted a Supplemental Compensation and Benefits Resolution, for Council consideration that is intended to operate in much the same way as an MOU.

This Resolution can be amended if Council authorizes future changes in compensation and benefits for these unrepresented classifications. While not specifically outlined in the current draft Resolution, the unrepresented group is requesting that Council will take this into consideration at times and in amounts generally consistent with settlements negotiated with the City’s employee groups which consist of the Fortuna Police Employees Association (FPEA) and the Fortuna Employees Association (FEA).

FISCAL IMPACT
All fiscal impacts associated with the terms of the resolution have been reviewed by Council during the negotiations process. The chart below summarizes the increased costs associated with the adoption of this resolution.

Unrepresented Resolution Estimated Cost for
April - June 2022
Estimated Cost for
July 2022 - June
2023
Business Agenda Item 5c

8% COLA upon ratification of MOU and
2% July 1, 2023

33,892.00

135,568.00
Add Juneteenth (June 19th) as a paid
holiday

-

-
Add longevity pay at 15 years and 20
years at two percent per milestone

4,045.75

16,183.00
TOTAL $ 37,937.75 $ 151,751.00
It is anticipated that the additional costs shown above will be covered by increased revenue receipts, primarily sales tax revenue. The City of Fortuna’s Bradley Burns sales tax for next year is anticipated to increase by $228,000 over this year’s budgeted amount and the Measure E transaction and use tax for next year is anticipated to increase by $265,000 over this year’s budgeted amount.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to Adopt Resolution 2022-04, and read by title only. Roll Call vote.

ATTACHMENTS:
 Resolution 2022-04; A Resolution Of The City Council Of The City Of Fortuna Establishing and Authorizing Supplemental Compensation and Benefits For Management and Confidential Employees Effective April 1, 2022 through June 30, 2024. 2 RESOLUTION NO. 2019-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF FORTUNA

ESTABLISHING AND AUTHORIZING SUPPLEMENTAL COMPENSATION AND

BENEFITS FOR MANAGEMENT AND CONFIDENTIAL
(“UNREPRESENTED”) EMPLOYEES
Effective April 1, 2022
BE IT RESOLVED by the City Council of the City of Fortuna that the following list of management and confidential employees, which are not represented (“UNREPRESENTED”) by a union or association, shall receive the supplemental compensation and benefits contained within.

Department Heads
City Clerk/Human Resource Manager Public Works Director Director Parks and Recreation
Division Heads
WWTP Chief Treatment Plant Operator Deputy Director of Public Works General Services Superintendent Deputy Director of Community Development Deputy City Engineer Utility Superintendent
Police Lieutenant
Confidential Employees/Mid-Management
Payroll/Benefits Administrator (Finance) Senior Account Clerk (Finance) Building Official Recreation/Transit Office Supervisor
Police Office Supervisor River Lodge Manager
Senior Administrative Assistant (City
Manager’s Office)
Assistant City Engineer II
Senior Management Employees
City Clerk Human Resource Manager Police Lieutenant
Finance Director Deputy Director of Community Development Mid-Management Employees
General Services Superintendent Building Official
WWTP Chief Plant Operator City Engineer
Recreation/Transit Supervisor River Lodge Manager
City Engineer Assistant City Engineer
Confidential Employees
Payroll/Benefits Administrator Senior Account Clerk
Sr. Administrative Assistant/Deputy City
Clerk
Those employees identified above shall receive the following supplemental compensation and benefits to be administered at the direction of the City Manager. Department Heads, Division Heads and Confidential/Mid-Management employees hold their positions at the will of the City Council or City Manager.
3 SECTION 1. SALARIES
Salary Adjustments
All unrepresented employees will receive an 8% Cost of Living Adjustment (COLA) increase to their base pay for Fiscal Year (FY) 2022-23, and a 2% COLA increase to base pay for FY 2023-

24. The 8% COLA for FY 2022-23 shall go into effect April 1, 2022.

During the term of this three-year agreement, for all UNREPRESENTED employees the City offers a $1.00 per hour COLA increase for the first year of the agreement (Fiscal Year 2019-20), a $0.50 per hour COLA increase for the second year of the agreement (Fiscal Year 2020-21) and a $0.25 per hour COLA for the third year of the agreement (Fiscal Year 2021-22). Under these terms, the City agrees to make the increase for each year retroactive to July 1 st
.

Longevity Pay
Upon completion of ten (10) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional 5% of their base salary as longevity pay. Upon completion of fifteen (15) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional 2% of their base salary as longevity pay. Upon completion of twenty (20) years of continuous employment with the City of Fortuna, eligible employees shall receive an additional 2% of their base salary as longevity pay.

Upon completion of ten (10) years of continuous employment with the City of Fortuna, eligible employees in good standing shall receive an additional 5% of their base salary as longevity pay.

SECTION 2. HEALTH & WELFARE
The City agrees to provide medical, dental, vision and life insurance for UNREPRESENTED Fortuna Employees in the same manner as for employees with the Fortuna Employees Association.

Employees in the Unrepresented Group shall pay the same cost share allocations, including insurance premium increases. For the term April 1, 2022– June 30, 2022, for all unrepresented employees, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program (EAP) shall be as follows:For the term July 1, 2019 – June 30, 2020, for all UNREPRESENTED employees, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program shall be as follows:

Monthly Costs With $250 Deductible
Employee Employee +1
Employee +2
(or more)
Medical- Anthem/Blue Cross $837.00 $1,753.00 $2,503.00
Vision-VSP $18.20 $18.20 $18.20
Dental-Delta Dental $56.84 $96.20 $143.20
Life (10,000) $1.65 $1.65 $1.65
Employee Assistance Program $2.84 $2.84 $2.84
Total insurance costs $916.53 $1,871.89 $2,668.89
Amount paid by City $790.99 $1,608.95 $2,293.45
Amount paid by Employees (Monthly) $125.54 $262.94 $375.44 4 Monthly Costs With $250 Deductible
Employee Employee +1
Employee +2
(or more)
Medical- Anthem/Blue Cross $753.00 $1,576.00 $2,251.00
Vision-VSP $18.20 $18.20 $18.20
Dental-Delta Dental $56.84 $96.20 $143.20
Life (10,000) $1.65 $1.65 $1.65
Employee Assistance Program $2.84 $2.84 $2.84
Total insurance costs $832.53 $1,694.89 $2,416.89
Amount paid by City $719.59 $1,458.49 $2,079.25
Amount paid by Employees (Monthly) $112.94 $236.40 $337.64

1. The cost of medical premiums will be split between the City at 85% and the employee at 15%.

2. The City will provide a vision plan and a dental plan through the Redwood Empire Municipal Insurance Fund (REMIF) for all UNREPRESENTED employees. Vision and dental coverage are optional; however, if an employee declines the coverage amount paid by the employee will stay the same.

3. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.

4. Cal Ore Life Flight benefits will be provided for all full time benefitted employees and their household through the REMIF plan; employees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.

5. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.

6. The City will provide access to Aflac supplemental insurance options to all City employees.

Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.

SECTION 3. OPTING OUT OF MEDICAL COVERAGE

1. Under the following circumstances, a full-time employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:
a) The medical insurance plan must allow an employee to decline coverage, and the employee can meet any and all requirements for opting out of coverage. b) The employee must provide written proof of other coverage. 5 c) All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.

2. This Resolution provides for employees to opt out of the medical insurance coverage and receive $500.00 per month paid out in two equal payments, the first two paydays of the month, as long as the employee works in a full time capacity for two full pay periods in the month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family. If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.

3. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for vision and dental only. The cost to the employee would be the minimum monthly contribution rate of: $50 single/$75 employee +1/$100 employee +2, respectively for both, as a package. The employee share for the vision/dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.

SECTION 4. STATE DISABILITY PROGRAM
All employees covered by this Resolution are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.

SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, vacation, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, or other benefits in an amount exceeding the employee’s regular wage or wage.

SECTION 5. HOLIDAY BENEFITS AND PAID LEAVES
Vacation
The vacation schedule for all UNREPRESENTED employees shall be as follows:

Full Years of Service Completed by
Employee
Vacation Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Full Years of Service
Completed by Employee
Number of Working Days of
Vacation Earned
1 through 5 years 80 Hours annually
6 6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Vacation leave may be taken as it accrues, after one year of employment. Each UNREPRESENTED employee shall be granted at least eighty (80) hours of vacation per calendar year provided the employee has vacation time accrued.

An employee who becomes ill or has a family medical emergency during his or her scheduled vacation may elect to use sick leave or family sick leave in lieu of vacation time, provided the department head is notified at the beginning of the illness, injury or emergency and; provided further the employee, upon return from vacation provides the Human Resources Manager with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury during his or her vacation.

SECTION 6. ACCRUED VACATION / SICK LEAVE RECORDS
The City will provide each employee on a bi-weekly basis a record of accrued vacation and sick leave, which the employee has earned. Vacation may be accumulated up to an amount equal to an employee's allowable vacation credits for two (2) years. Once an employee has reached the maximum accumulation limit for vacation leave, the employee will cease accruing additional vacation benefits until the employee has used a portion of his or her accrued vacation and reduces his or her balance below the maximum accumulation limit. Thereafter, vacation benefits will again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.

SECTION 7. ANNUAL VACATION BUYBACK PROGRAM
On an annual basis, the City agrees to allow those employees covered by this Resolution to sell up to one hundred (100) hours of vacation. The minimum leave time, which may be subject to the buyback, is eight (8) hours.

Vacation time may be sold back two times each fiscal year to a maximum of 100 hours. In order to participate in this program, the employee must return a form approved by the department director that is dated and signed. Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Vacation time cashed out pursuant to this provision shall be subtracted from the employee’s accumulated vacation time balance when paid. Upon separation, all unused accrued vacation leave shall be paid in cash to the employee at his or her regular rate of pay.

SECTION 8. ADMINISTRATIVE TIME/MANAGEMENT LEAVE
All UNREPRESENTED employees are entitled to Administrative Leave to be accrued on July 1st of each year. New employees hired throughout the year will received pro-rated Administrative leave. Administrative leave is a management level benefit that represents the time requirement for managers in the public sector, to work on organizational meetings or other work related tasks, outside the regular work period. Management leave is over and above vacation entitlement, in lieu of overtime pay or compensation time off and is allocated as follows:
7  Department Head: 80 Hours
 Police Lieutenant: 80 Hours
 Division Head: 40 Hours
 All other UNREPRESENTED - Exempt Employees: 20 hours
SECTION 9. HOLIDAYS

1. The City agrees to pay all UNREPRESENTED Fortuna Employees for ten (10) holidays per year. Recognized holidays are: New Year's Day, Martin Luther King Jr., the day observed as President’s Day, Memorial Day, Veteran’s Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving. Employees shall receive eight (8) hours of pay for a holiday.

2. In addition to the ten paid holidays referenced above, in lieu of providing paid holidays on, Admission Day, and Columbus Day, and the City agrees to provide two (2) floating holidays for those employees covered by this Resolution. Floating holidays will be accrued at the time the actual holidays occur. Floating holidays may be accrued up to a maximum of 10 days. The timing of taking the floating holidays shall be subject to management's approval.
(*A holiday that falls on a weekend is usually observed on the closest weekday (e.g. a holiday falling on a Saturday is observed on the preceding Friday, while a holiday falling on a Sunday is observed on the succeeding Monday.)
SECTION 10. SICK LEAVE
Sick leave is a benefit, and should be used only when necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.

1. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability.

Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.

2. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a cash payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.

3. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action. 8 SECTION 11. FAMILY SICK/BEREAVEMENT LEAVE

1. An employee may be granted up to forty eight (48) hours per Fiscal Year for family sick leave with pay, per California Labor Code Section 233, utilizing an employee’s accumulated sick leave for family illness purposes. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household. For family sick leave purposes, immediate family member shall include spouse, domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.

Family sick must be taken in not less than quarter hour increments.

2. An UNREPRESENTED employee may be granted up to forty (40) hours bereavement leave with pay. Bereavement leave is applicable when death occurs in the employee's immediate family. Such family shall include spouse, domestic partner, parents, children, stepchildren, children of a domestic partner, grandparent, grandchild, brother, sister, mother/father-in-law, parent of a domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Human Resources Manager. Misuse of bereavement leave privileges is grounds for disciplinary action. Bereavement leave shall be approved by the City Manager.

3. For purposes of this section, domestic partner means an individual as defined in Family Code section 297 et seq.

SECTION 12. JURY DUTY

1. Any employee who is required to report for jury duty shall receive full pay for such absence from duty provided the employee endorses to the City any checks or warrants received in payment for jury duty exclusive of mileage for personal vehicles or other out-of-pocket expenses incurred due to jury duty and provides verification of jury duty service.

2. An employee summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service.

3. Time spent on jury duty is not work time for purposes of calculating overtime compensation.

SECTION 13. HOURS OF WORK AND OVERTIME

1. For Non-Management UNREPRESENTED Employees the normal work period shall consist of forty (40) hours worked within seven (7) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the second successive Saturday, except as otherwise designated for employees on a flexible schedule approved in writing by both the Department Head and City Manager.

2. Schedule of alternative work hours may be established by the Department Head with the approval of the City Manager. The Department Head, with the approval of the City Manager, may change the work week hours at any time.
9 3. Overtime is defined as hours worked in excess of forty (40) hour per week. Nonmanagement employees will not work overtime without prior authorization from their supervisor or department head, except in case of emergency.

4. Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the non-management employee's base rate of pay. The non-management employee shall have the choice of taking overtime or compensatory time off.

5. For all UNREPRESENTED positions eligible for overtime and for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.

SECTION 14. ACCUMULATION OF COMPENSATORY TIME OFF (CTO)

1. In the event that overtime must be incurred, non-management UNREPRESENTED employees will have two options: 1) be paid at one and one-half (1.5) times the employee's base rate of pay, or 2) accumulate at one and one-half (1.5) times the employee's base rate of pay up to a maximum of one hundred sixty (160) hours as compensatory time to be taken off at a later time as requested by the employee, and approved by the Department Head.

2. Once an eligible non-management UNREPRESENTED employee has banked a maximum of 160 hours of compensatory time, any additional overtime will be paid to the employee.

3. UNREPRESENTED non-management employees may sell back up to 80 hours of banked CTO time up to two times per fiscal year.

4. Any non-Management UNREPRESENTED employee who has accrued compensatory time off may be permitted by his/her supervisor to use such compensatory time within a reasonable period of time if the use of compensatory time does not unduly disrupt the operations of the City.

5. Compensatory time off must be used in increments of not less than one-quarter hour.

SECTION 15. PROTECTIVE FOOTWEAR / BUSINESS APPAREL

1. The City will provide an annual stipend up to $200.00 per Fiscal Year (July 1 to June 30) for the purchase of work boots and/or business attire based on job classification. The stipend will accumulate and be paid out one time annually and included in the last pay period of the Fiscal Year. The stipend will be pro-rated for new employees or employees that leave employment prior to the end of the Fiscal Year.

2. The Police Lieutenant is eligible for an annual Uniform/Duty Gear allowance made in two payments, by January 15 and July 15 of each year. The maximum allowance shall be $1,000.00 per year. The Police Lieutenant is not eligible for the Protective Footwear/Business Apparel allowance outlined in 15.1, above.

3. The Police Office Supervisor is eligible for an annual Uniform/Duty Gear allowance made in two payments, by January 15 and July 15 of each year. The maximum allowance shall be $600.00 per year. The Police Office Supervisor is not eligible for the Protective Footwear/Business Apparel allowance outlined in 15.1, above. 10 SECTION 16. RESIDENCY AND OTHER INCENTIVES

1. As an incentive for employees to live within the city limits of the City, eligible UNREPRESENTED Fortuna employees who reside within 20 miles of the City of Fortuna shall receive $50.00 per month as additional compensation.

2. Certain unrepresented City employees are eligible for incentives. Incentives shall be paid as shown in the following table:

Position Incentive
Amount
For
WWTP Chief Treatment Plant
Operator
$630/year Grade IV Waste Water
Building Official $630/year ICC Maintenance & Housing Inspector Transportation/Recreation
Administrative Supervisor
$630/year Class B CDL
Utility Superintendent $630/year Distribution Level 4 (D4) Position Incentive* For
Sworn Employees $3,950.00/year P.O.S.T. Intermediate Certificate, or $7,900.00/year. P.O.S.T. Advanced Certificate
$2,800.00/year P.O.S.T. Supervisory Certificate
$2,800.00/year. P.O.S.T. Management Certificate
Non-Sworn Employees $900.00/year P.O.S.T. Intermediate Dispatcher Certificate $900.00/year P.O.S.T. Records Supervisory Certificate
SECTION 17. EMPLOYEE USE OF PARK & RECREATION PROGRAMS

1. The following programs are offered to City Employees free of charge:
 President's Week – 4 days
 Spring Break – 5 days
 Summer Fun/Kiddie Kamp – 10 weeks
 Thanksgiving Week – 3 days
 Winter Break – up to 8 days
 Public Skating at The Firemen’s Pavilion in Rohner Park

2. Children of employees of the City of Fortuna may attend the summer and holiday programs the Parks & Recreation Department offer free of charge while employees are working between the program hours of 7:30 a.m. – 5:30 p.m.

3. Children are able to attend these programs only if the City employee is working. The exception will be for Police Department employees who work graveyard shift, their children may attend the program during hours following their shift.

4. If the employee has taken the day off, regular fees will apply

5. The following programs are offered to City Employees at half price:
11  Youth Basketball
 Basketball Camp
SECTION 18. EDUCATION AND TRAINING REIMBURSEMENT
As an incentive to employee education and training, the City will reimburse employees for successful completion of coursework and exams related to their employment with the City.

Reimbursements must be pre-approved by the Department Head and City Manager.

Reimbursement will be given following the satisfactory completion of the course and/or exam. To ensure adequate funds are available in department budget(s), requests for reimbursement must be made and approved by the City Manager no later than March 1st. Books and reusable materials will become the property of the City and will be made available for use by other employees.

SECTION 19. MISCELLANEOUS

1. UNREPRESENTED employees shall be eligible to receive step increases when applicable under the same system as afforded to the Fortuna Employees Association (for non-sworn employees) and the Fortuna Police Employees Association (for sworn employees).

2. This Agreement shall be effective from AprilJuly 1, 201922 and shall continue in effect through June 30, 20224.

PASSED AND ADOPTED on this 5th 22nd day of August 2019February 2022, by the following vote:

AYES: Council Member Losey, Johnson, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES:

ABSTAIN: None
ABSENT: None
______________________
Sue Long, Mayor
ATTEST:
________________________
Siana L. Emmons, City Clerk
Business Agenda Item 5e