Fortuna City Council
May 2, 2022

621 11th Street, Fortuna CA
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council
Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Council Member 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/NEW EMPLOYEE INTRODUCTIONS a. Recognition of Driver of the Year 2022 Ricardo Arrendondo of Recology b. National Police Week Proclamation
c. 53rd Annual Municipal Clerks Week Proclamation
d. National Bike Month Proclamation
e. "Go Slow Watch the Road" Proclamation
f. Kiwanis 80th Anniversary Proclamation

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 Regular Meeting Agenda
Monday, May 2, 2022 at 6:00 pm
Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – April 18 , 2021 (Regular Meeting) b. Report of Disbursements
c. Approve Memorandum of Understanding between City of Fortuna and Mad River Girls Fastpitch Softball Association for Park Facility Use d. Award Professional Service Contract to GHD for the 12th Street Storm Water Enhancement Project
e. Approve the Updated Humboldt County Drug Task Force Memorandum of Understanding Between Participating Agencies

5. CITY COUNCIL BUSINESS
a. Second Reading: Use of Military Weapons Policy
b. First Reading: Zoning Map Amendment

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 TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Section 54956.8 of the Government Code; Vacant Land along Eel River and 1320 Riverwalk Drive; Negotiating Parties: City Manager Merritt Perry for the City of Fortuna and Land/Emke as Negotiating Parties; Under Negotiation: Price and Terms of payment.

10. REPORT OUT AND ADJOURN
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 04/28/2022 at 3:23 PM
As Regional Commercial
2022 Driver of the Year
By the National Waste & Recycling Association (NWRA)
Signed this 18th day of April 2022 in witness thereof, the seal of Fortuna The City Council of the City of Fortuna
recognizes
Mayor Sue Long, City of Fortuna
Certificate of Recognition
In Recognition of
National Police Week
May 15th – 21st, 2022
WHEREAS, in 1962 President John F. Kennedy signed a proclamation which designated May 15th as National Peace Officers Memorial Day and the week in which that date falls as “National Police Week”; and
WHEREAS, law enforcement officers are guardians of life and property, defenders of the individual rights of a free people, soldiers in the war against crime, and dedicated to the preservation of life, liberty, and the pursuit of happiness; and WHEREAS, it is known that every two days an American police officer dies in the line of duty, our community joins with other cities and towns to honor all peace officers everywhere; and
WHEREAS, the City of Fortuna desires to honor the valor, service and dedication of our police officers; and
NOW THEREFORE, I Sue Long, Mayor of the City of Fortuna, proclaim the week of May 15th to May 21st, 2022 to be National Police Week, and call upon all citizens to give special honor and sincere appreciation to the police officers of this city by deed, remark, and attitude. I further call upon our citizenry to make every effort to express our gratitude to the men and women who make it possible for us to leave our homes and families in safety each day and return knowing they are protected by people willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law.

SIGNED this 2nd day of May 2022 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
___________________________
Sue Long,
Mayor, City of Fortuna
In Recognition of the
53rd Annual Professional Municipal Clerks Week
May 1st – 7th, 2022
WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and
WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants, and
WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and
WHEREAS, The Professional Municipal Clerk serves as the information center on functions of local government and community, and
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations, and
WHEREAS, it is appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.

NOW THEREFORE, I, Sue Long, Mayor of the City of Fortuna, do recognize the week of May 1st through May 7th 2022, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerks, Siana Emmons and Buffy Gray and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

SIGNED this 2nd day of May 2022 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
________________________________
Sue Long,
Mayor, City of Fortuna
In Recognition of
National Bike Month
May 2022
WHEREAS, bicycle travel is an effective means to improve air quality, reduce traffic congestion and noise, increase physical activity, and improve public health; and WHEREAS, bicycling is part of the solution for addressing transportation needs, limiting impacts to infrastructure, as well as conservation of energy; and WHEREAS, bicycle commuting benefits both employees and employers through better employee health and fitness; reduced vehicle commuting, parking, and health care costs; increased employee productivity; and there exists a strong relationship between the City of Fortuna and the Fortuna Elementary School District to create Safe Routes to Schools; and WHEREAS, a bike park and bike skills course has been built within the City of Fortuna at Newburg Park; and
WHEREAS, the City of Fortuna is involved in planning and building additional bike lane and trail infrastructure, which would increase bicycle commuting and recreation opportunities for Fortuna residents; and
WHEREAS, the City of Fortuna has received statewide recognition for extending the school zone and reducing the speed limit to benefit all schools; and WHEREAS, the month of May is “National Bike Month, which promotes the bicycle as a means of transportation and recreation; and May is also “Clean Air Month” which promotes air quality; and WHEREAS, the City of Fortuna is hosting a Kids Bike Rodeo event at Newburg Park on Saturday, May 14th; and
WHEREAS, Bike Month Humboldt features a number of cycling events for riders of all ages & skill to enjoy throughout the month at various locations; and NOW THEREFORE, I, Sue Long, Mayor of the City of Fortuna do hereby proclaim May 2022 as National Bike Month throughout Fortuna and urge all citizens to support and participate in activities that contribute to the health of the community and the environment.

SIGNED this 2nd day of May 2022 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.

Sue Long,
Mayor, City of Fortuna
In Recognition of
“Go Slow Watch the Road”
Campaign Kick off
December 2021
WHEREAS, Humboldt County ranked #1 out of 58 counties for traffic collisions involving a pedestrian according to data in 2018, has fatal collision rates double the national average and nearly triple those of California; and
WHEREAS, effective transportation safety policies include a multi-faceted approach including infrastructure development and improvements, enforcement of the laws and education, and the personal responsibility and behavior of those who use streets; and WHEREAS, drivers have an inherent responsibility to maintain a culture of respect and courtesy, avoid causing harm and protect the community’s most vulnerable residents; and WHEREAS, Humboldt County residents pride themselves on being values driven, innovative and proactive problem-solvers who are responsive and responsible protectors of the community’s residents and visitors; and
WHEREAS, national statistics and local experience indicate that low-income people, people of color, older people, and people with disabilities are more likely to be killed by traffic collisions while walking or biking, and the county-wide Traffic Safety Task Force is committed to addressing these tragic inequities.

NOW THEREFORE, BE IT PROCLAIMED that the City Council of the City of Fortuna recognizes that safely navigating our streets and sidewalks is a cooperative activity and traffic collisions are not inevitable. The “Go Slow, Watch the Road” campaign, created by the countywide traffic safety task force, brings the City of Fortuna together with other local communities in adopting the goal to eliminate all traffic fatalities and severe injuries while increasing safe, health, and equitable mobility for all.

SIGNED this 2nd day of May 2022 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
____________________________
Sue Long, Mayor
In Recognition of the
80th Anniversary of the Kiwanis Club of Fortuna
WHEREAS, The Kiwanis Club of Fortuna was established on May 5, 1941 and has served the communities of the Eel River Valley for the past 80+ years; and WHEREAS, The Kiwanis Club of Fortuna has worked with local schools to better meet the physical and academic needs of children, including the kindergarten book distribution program; providing “refurbished” bicycles for children who otherwise would not have access to a bike and scholarships to graduating seniors; and
WHEREAS, The Kiwanis Club of Fortuna has partnered with the Rotary Club of Fortuna and Soroptimist International of Eel River Valley to help fulfill unmet needs within the local community; and
WHEREAS, The Kiwanis Club of Fortuna has partnered with Food for People and the Loleta School District to provide weekend food bags for children in need; and WHEREAS, The Kiwanis Club of Fortuna, working with the City, has provided manpower to assist with the 3
rd of July Children’s games; and
WHEREAS, The Kiwanis Club of Fortuna, over the years, has donated thousands of dollars in support of youth sports teams and activities throughout the Eel River Valley; and WHEREAS, The Kiwanis Club of Fortuna conducts the annual Rodeo/AutoXpo Pancake Breakfasts, Quarter Mania and the 4H Spaghetti Feed, raising thousands of dollars for the youth of the Eel River Valley; and
WHEREAS, The Kiwanis Club of Fortuna supports the annual Fortuna Fire Department’s Santa’s Sleigh Project.

NOW, THEREFORE, BE IT PROCLAIMED, I, Sue Long Mayor of the City of Fortuna proclaim appreciation of the Fortuna Kiwanis Club and all they do for our community.

SIGNED this 2
nd day of May 2022 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
____________________________
Sue Long, Mayor
City of Fortuna
621 11th Street, Fortuna CA

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

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

2. PRESENTATIONS / PROCLAMATIONS
a. Recognition of Driver of the Year 2022 Ricardo Arrendondo of Recology Minutes:

This item was moved to the May 2, 2022 Council meeting agenda. b. Introduction of the new Public Works Director Brendan Byrd Minutes:

City Manager Merritt Perry introduced the new Public Works Director Brendan Byrd.
c. Retail Strategies presented by Brookley Valencia
Minutes:

Matt Tate and Brookley Valencia of Retail Strategies provided a presentation.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

Genevieve Wilson - Commented on Fortuna needing small businesses, not just large.

She also spoke to natural immunity and that all people do not need vaccinations, but that doesn't mean they should be treated as second class citizens. She does not support vaccine or mask mandates. Charles Wilson - Spoke in regards to the Covid lockdown restrictions in Shanghai and how people are prohibited from leaving their homes and have had to endure multiple COVID tests. He expressed concerns for food distribution systems, child welfare and the general health and welfare for people being forced to stay inside their homes. Tom Mulholland - Fortuna Resident for 22 years - Commented on the expansion of retail in Fortuna and how a majority of the population is elderly and that Fortuna is not really sustainable for heavy retail.

There being no additional comments from the public, Mayor Long closed the oral Regular Meeting Agenda
Minutes
Monday, April 18, 2022 at 6:00 pm
comment section.

4. CONSENT CALENDAR
Minutes:

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-k. Voice vote. AYES:

Council Member Johnson, Losey, Stanfield, Mayor Long NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Trent MOTION CARRIED: 4/0
a. City Council Minutes – April 4, 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. Supplemental Budget Request for the Addition of Annual Hours for the Part-Time Bus Dispatcher/ Office Assistant
k. Acceptance of the 2021 Annual Housing Progress Report and Direct Staff to Submit it to the California Department of Housing and Community Development and the State Office of Planning and Research

5. CITY COUNCIL BUSINESS
a. First Reading: Military Equipment Use Policy
Minutes:

STAFF REPORT: Chief of Police Casey Day and City Attorney Ryan Plotz provided a staff report on approving an ordinance to add a military equipment use policy.

PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Stanfield moved, seconded by Council Member Losey to introduce and conduct first reading, by title only, of Ordinance No. 2022-753 and continue the public hearing to May 2, 2022. Ordinance 2022-753, An Ordinance of the City Council of the City of Fortuna, California Amending Title 2 – Administration And Personnel Of The Fortuna Municipal Code By Adding Section 2.10.150 – Military Equipment, Approving A Military Use Policy, And Determining The Ordinance To Be Exempt From CEQA. AYES: Council Members Johnson, Losey, Stanfield, Mayor Long NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Trent MOTION CARRIED 4/0
b. Public Hearing to Consider the Adoption of Various Rates and Fees for City Services Including Administrative; Parks; Recreation; Police; River Lodge & Monday Club; and Transit Fees; Resolution 2022-10 Minutes:

STAFF REPORT: Finance Director Aaron Felmlee provided a staff report on various rates and fees for Administration, Parks, Recreation, Police, River Lodge & Monday Club, and Transit. PUBLIC COMMENTS: Nina Olsen: Fortuna Resident and Member of the Fortuna Senior Center - Explained what the Open Mike Jamboree at the Monday Club was and requested the City provide a reduced rate for the rental to the seniors, as the event is not just for seniors, but the entire community. There being no additional public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Johnson to adopt Resolution 2022- 10, A Resolution of the City Council of the City Of Fortuna Establishing a Schedule of Fees and Charges for Administrative, Parks, Recreation, Police, Riverlodge & Monday Club, and Transit within the City of Fortuna for Fiscal Year 2022-2023. AYES: Council Members Johnson, Losey, Stanfield, Mayor Long NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Trent MOTION CARRIED 4/0
c. Public Hearing to Consider the Adoption of Various Rates and Fees for City Services Including Building; Community Development; Water & Wastewater; and Water & Wastewater Laboratory Fees; Resolution 2022- 11 Minutes:

STAFF REPORT: Finance Director Aaron Felmlee provided a staff report on various rates and fees for Building, Community Development, Water & Wastewater, and Wastewater Laboratory. PUBLIC COMMENTS: Charles Wilson - Request an explanation of a dog bone round about. City Manager Merritt Perry responded that it is two round abouts place on each side of a highway. There being no additional public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Stanfield to adopt Resolution 2022-11, A Resolution of the City Council of the City of Fortuna Establishing a Schedule of Fees and Charges for Building, Community Development, Water & Wastewater, and Water & Wastewater Laboratory Fees within the City of Fortuna for Fiscal Year 2022- 2023. AYES: Council Members Johnson, Losey, Stanfield NOES: None ABSTAIN:

Mayor Long ABSENT: Mayor Pro Tem Trent MOTION CARRIED 3/0

6. CITY MANAGER’S REPORT
Minutes:

City Manager Merritt Perry provided a verbal report.

7. FUTURE AGENDA ITEMS
Minutes:

None at this time.

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
Minutes:

CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Johnson to adjourn at 7:17 p.m. MOTION CARRIED 4/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Minutes published on 04/27/2022 at 1:31 PM
Consent Calendar Item 4b

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: May 2, 2022
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for April 21, 2022 and April 28, 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:
 April 21, 2022 $ 85,709.52
 April 28, 2022 $ 224,853.04
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for April 21, 2022
 Disbursements Detail Report for April 28, 2022
Amount
4/21/2022 11:09:55 AM Page 1 of 4
73395 04/21/2022 MISSION LINEN INDUS SERV 516793178 Corp Yard Linen Service 66.11 73395 04/21/2022 MISSION LINEN INDUS SERV 516793178 Corp Yard Linen Service 47.55 73393 04/21/2022 MENDES SUPPLY INC M227384 Janitorial Supplies - Parks 162.58 73394 04/21/2022 MIRANDA'S RESCUE APR22 Animal Rescue Services FY 21/22 500 73393 04/21/2022 MENDES SUPPLY INC M227236 Janitorial Supplies - CH/PD/Parks 57 73393 04/21/2022 MENDES SUPPLY INC M227236 Janitorial Supplies - CH/PD/Parks 57.02 73392 04/21/2022 MARK CLEMENTI, Ph.D. 04-01-22 Employee Psych Evaluation 934 73393 04/21/2022 MENDES SUPPLY INC M227236 Janitorial Supplies - CH/PD/Parks 57 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITALA0087728 Engleman Pre-employment Physical 25.5 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITALA0087728 Engleman Pre-employment Physical 382.5 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITALA0087728 Engleman Pre-employment Physical 76.5 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITALA0087728 Engleman Pre-employment Physical 25.5 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITAL10548907 Engleman Pre-employment Physical 16.68 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITAL10548907 Engleman Pre-employment Physical 250.18 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITAL10548907 Engleman Pre-employment Physical 50.03 73391 04/21/2022 MAD RIVER COMMUNITY HOSPITAL10548907 Engleman Pre-employment Physical 16.68 73389 04/21/2022 INTERSTATE SALES 10097 Supplies - Streets 390.83 73390 04/21/2022 JB FABRICATION 1512 Digester Gas Flare Repair - WWTP 2552 73388 04/21/2022 HUMMEL TIRE & WHEEL 262679 Tire Sensor - WWTP 95.43 73388 04/21/2022 HUMMEL TIRE & WHEEL 262767 Tires - PD 471.33 73387 04/21/2022 HUMBOLDT VETERINARY MEDICAL GRP 384691 Vet Services 190 73387 04/21/2022 HUMBOLDT VETERINARY MEDICAL GRP 384691 Vet Services 19.5 73386 04/21/2022 GROCERY OUTLET 40732522832231 Janitorial Supplies - Parks 35.65 73386 04/21/2022 GROCERY OUTLET 40732523962234 Catering Supplies - River Lodge 54.2 73385 04/21/2022 GHD INC 380-0011577 Engineering Services 180 73385 04/21/2022 GHD INC 380-0011577 Engineering Services 472.5 73385 04/21/2022 GHD INC 380-0010822 Kenmar/Ross Hill Engineering Services 1646.25 73385 04/21/2022 GHD INC 380-0011557 CCF Well 5 Replacement Project 637.5 73384 04/21/2022 FORTUNA BUSINESS IMPROVEMENT DIST 033122 FBID Revenues/City Match - March 2022 517.91 73384 04/21/2022 FORTUNA BUSINESS IMPROVEMENT DIST 033122 FBID Revenues/City Match - March 2022 517.91 73383 04/21/2022 FORTUNA ACE HARDWARE 342154 Supplies - Utilities 91.56 73383 04/21/2022 FORTUNA ACE HARDWARE 342177 Supplies - WWTP 58.5 73383 04/21/2022 FORTUNA ACE HARDWARE 342141 Janitorial Supplies - City Hall/PD 10.85 73383 04/21/2022 FORTUNA ACE HARDWARE 342141 Janitorial Supplies - City Hall/PD 10.84 73382 04/21/2022 FITZHUGH, ANGELA 041122 Adult Sports Forfeit Deposit Refund 150 73383 04/21/2022 FORTUNA ACE HARDWARE 341137 Supplies - Parks 17.99 73380 04/21/2022 DEPT OF CONSERVATION DIV OF ADMIN SRVS 033122 1st Quarter 2022 Seismic -36.97 73381 04/21/2022 DESIGN AIR 17119 Building Maintenance - River Lodge 1841.11 73379 04/21/2022 DEPARTMENT OF JUSTICE 572920 Fingerprint Services - Recreation 32 73380 04/21/2022 DEPT OF CONSERVATION DIV OF ADMIN SRVS 033122 1st Quarter 2022 Seismic 721.38 73378 04/21/2022 CRYSTAL SPRINGS BOTTLED W 37209 Water Delivery - Parks 18 73379 04/21/2022 DEPARTMENT OF JUSTICE 572125 Fingerprint Services - PD 1206 73377 04/21/2022 COLE-PALMER 3082810 Supplies - WWTP 99.77 73378 04/21/2022 CRYSTAL SPRINGS BOTTLED W 37132 Water Delivery - Public Works 9 73375 04/21/2022 CALVARY CHAPEL 041122 Park Deposit Refund 250 73376 04/21/2022 CLYDE'S TOWING, INC 22978 Towing Service 100 73374 04/21/2022 CA BUILDING STANDARDS COMMISSION 033122 1st Quarter 2022 SB1473 209 73374 04/21/2022 CA BUILDING STANDARDS COMMISSION 033122 1st Quarter 2022 SB1473 -21 73372 04/21/2022 AZCO SUPPLY INC 410032 Street Light Pole 2407.62 73373 04/21/2022 BALDWIN, BLOMSTROM, WILKINSON & ASSOC 2938 Consulting Services - Parks 2101.67 73370 04/21/2022 AT&T 5025 04220893 23484108935031 33.97 73371 04/21/2022 AT&T 9011 18023119 9391064205 307.4
73369 04/14/2022 POSTMASTER 041422 UB Reminder Notice Postage 98.88 73369 04/14/2022 POSTMASTER 041422 UB Reminder Notice Postage 98.89 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 4/14/2022 - 4/21/2022
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
Grand Total: 85709.52
4/21/2022 11:09:55 AM Page 2 of 4
73420 04/21/2022 WATSON MARLOW INC SI195673 Equipment Maintenance - WWTP 2095.88 73421 04/21/2022 WEST COAST HYDRAULICS 1572 Equipment Maintenance - Utilities 971.26 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 55.32 73419 04/21/2022 USA BLUEBOOK 934002 Tools - WWTP 114.25 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 18.44 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 55.32 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 18.44 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 18.44 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 165.95 73418 04/21/2022 US BANK EQUIPMENT FINANCE 469517858 MFP Lease FY 21/22 129.08 73417 04/21/2022 TYLER TECHNOLOGIES INC 25-374826 Online Payment Fees - FY 21/22 2105 73417 04/21/2022 TYLER TECHNOLOGIES INC 25-374826 Online Payment Fees - FY 21/22 2105 73415 04/21/2022 SUDDENLINK 100760036 Fiber Optic Service FY 21/22 362.49 73416 04/21/2022 THOMPSON, BRANDEE 041122 Adult Sports Deposit Refund 150 73415 04/21/2022 SUDDENLINK 100760036 Fiber Optic Service FY 21/22 362.49 73415 04/21/2022 SUDDENLINK 100760036 Fiber Optic Service FY 21/22 362.49 73414 04/21/2022 STRAHAN, STEPHANIE 041122 Adult Sports Forfeit Deposit Refund 150 73415 04/21/2022 SUDDENLINK 100760036 Fiber Optic Service FY 21/22 362.48 73413 04/21/2022 STATE BOARD OF EQUALIZATION 33122 1st Quarter 2022 Sales Tax 258 73413 04/21/2022 STATE BOARD OF EQUALIZATION 33122 1st Quarter 2022 Sales Tax 37 73412 04/21/2022 STAPLES BUSINESS CREDIT 7354743089 Supplies - Finance 52.11 73413 04/21/2022 STATE BOARD OF EQUALIZATION 033122 1st Quarter 2022 Use Tax 400 73412 04/21/2022 STAPLES BUSINESS CREDIT 7351831967-1-1 Credit Price Adjustment -1.2 73412 04/21/2022 STAPLES BUSINESS CREDIT 7354743089 Supplies - Finance 46.1 73411 04/21/2022 SEQUOIA GAS STATION 576826 Equipment Fuel 40.69 73412 04/21/2022 STAPLES BUSINESS CREDIT 7351586308-1-1 Credit Price Adjustment -9.61 73411 04/21/2022 SEQUOIA GAS STATION 179964 Equipment Fuel 38.74 73411 04/21/2022 SEQUOIA GAS STATION 576801 Equipment Fuel 33.22 73410 04/21/2022 RON DUPRATT FORD 286650 Vehicle Repair - PD 566.88 73410 04/21/2022 RON DUPRATT FORD 298264 Vehicle Repair - WWTP 250.17 73408 04/21/2022 PLATT ELECTRIC SUPPLY 2R18586 Pavilion Maintenance 628.7 73409 04/21/2022 ROCKWELL SOLUTIONS 2789 Digester Pump Replacement - WWTP 11708.87 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03229457 99509569457 13.79 73407 04/21/2022 PETERSON PC030203819 Equipment Maintenance - Utilities 16.01 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03227872 67125257872 25.62 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03229363 48780729363 6.72 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03221200 81934311200 95.35 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03225729 75033105729 239.88 73405 04/21/2022 PACE SUPPLY CORP 27590592 Supplies - Utilities 543.21 73406 04/21/2022 PACIFIC GAS & ELECTRIC CO 03220906 78346610906 40.97 73404 04/21/2022 PACE ENGINEERING 43231 Kenmar/Drak Hill Generator Project 393.62 73405 04/21/2022 PACE SUPPLY CORP 187624022 Supplies - WWTP 245.33 73403 04/21/2022 ORTEGA-MIRANDA, JULIANA 041122 Adult Sports Forfeit Deposit Refund 150 73404 04/21/2022 PACE ENGINEERING 43231 Kenmar/Drak Hill Generator Project 1180.88 73402 04/21/2022 O'REILLY AUTOMOTIVE STORE 105275 Vehicle Repair - Utilities 18.43 73402 04/21/2022 O'REILLY AUTOMOTIVE STORE 106176 Vehicle Repair - Utilities 22.77 73400 04/21/2022 NORTH COAST LABORATORIES 163927 Lab Testing 120 73401 04/21/2022 NYLEX.NET 11672 Software Server Replacement - Parks 37848.45 73399 04/21/2022 NORTH COAST JOURNAL 202294646 Public Hearing Notice - Fee Schedule 146 73399 04/21/2022 NORTH COAST JOURNAL 202294683 Public Hearing Notice - Ordinance 2022-753 129 73397 04/21/2022 NAT'L ASSOC OF CHIEFS OF POLICE031122 Membership Dues x24 Months 110 73398 04/21/2022 NORMAN'S DRY CLEANERS 70518 River Lodge Linen Service 25.95 73396 04/21/2022 NAPA AUTO PARTS FORTUNA 12776 Vehicle Repair - Utilities 68.13 73396 04/21/2022 NAPA AUTO PARTS FORTUNA 13157 Vehicle Repair - PD 9.02 73395 04/21/2022 MISSION LINEN INDUS SERV 516835938 Corp Yard Linen Service 48.98 73395 04/21/2022 MISSION LINEN INDUS SERV 516835939 Wastewater Linen Service 62.54 73395 04/21/2022 MISSION LINEN INDUS SERV 516793179 Wastewater Linen Service 107.03 73395 04/21/2022 MISSION LINEN INDUS SERV 516835938 Corp Yard Linen Service 67.54 Expense Approval Report Payment Dates: 4/14/2022 - 4/21/2022 Payment Number Payment Date Vendor Name Payable Number Description (Item) 140-6005-9113 Engineering Services 1646.25
160-4334 River Lodge Catering Services 258
4/21/2022 11:09:55 AM Page 3 of 4
100-8000-5400 Capital Outlay 37848.45
101-8000-5450 Capital Outlay 2101.67
120-4400 Building Permit And Inspection -57.97
100-7400-2800 Miranda's Rescue 690
100-7455-2800 Veterinary Expenses 19.5
100-7625-1800 FBID 517.91
100-6505-5450 Utility - General & Electric 32.34
100-6625-2000 Livescan Fees 1206
100-7015-2000 Dues & Subscriptions 110
100-6220-2000 CLETS Service 307.4
100-6300-2000 Advertising 129
100-6305-1400 Publication Expense 146
100-6005-4000 Engineering Services 180
100-6025-2000 Professional Services 934
100-6035-5400 Personnel Services 32
100-5743-5450 Pavilion Maintenance 628.7
100-5775-1500 Network Support 362.48
100-5775-2000 Network Support 362.49
100-5705-5450 Equipment Maintenance 18.44
100-5715-2000 Vehicle Repairs 1047.23
100-5715-4100 Vehicle Repairs 100
100-5705-1500 Equipment Maintenance 165.95
100-5705-2000 Equipment Maintenance 129.08
100-5705-4000 Equipment Maintenance 18.44
100-5505-4100 Vehicle Fuel & Oil 40.69
100-5505-5450 Vehicle Fuel & Oil 71.96
100-5565-5450 Janitorial Supplies 255.25
100-5500-2000 Department Supplies 67.84
100-5500-4100 Department Supplies 133.65
100-5500-5450 Department Supplies 35.99
100-4310 Recreation Program Fees 600
100-5500-1200 Department Supplies -1.2
100-5500-1500 Department Supplies 119.96
100-2450 Dept Conserv. - Seismic Fee 721.38
100-2455 Calif Bldg - SB 1473 Fee 209
100-2460 Sales Tax Payable 400
Account Summary
Account Number Account Name Payment Amount
100-1680 Distributed Office Supplies 46.1
100-2220 Refundable Park Deposits 250
500 - Water Fund 4931.53
510 - Water Capital Fund 1031.12
550 - Wastewater Fund 20933.72
560 - Wastewater Capital Fund 120
Grand Total: 85709.52
160 - Riverlodge Fund 2437.58
165 - Museum Exhibit Fund 37
250 - FBID Fund 517.91
280 - Gas Tax Fund 2893.8
351 - FEMA Fund 1180.88
Fund Payment Amount
100 - General Fund 47936.03
101 - Transaction and Use Tax Fund 2101.67
120 - Development & Building Fund -57.97
140 - Citywide Traffic Impact Fund 1646.25
Expense Approval Report Payment Dates: 4/14/2022 - 4/21/2022 Report Summary
Fund Summary
Grand Total: 85709.52
4/21/2022 11:09:55 AM Page 4 of 4
560-6025-0171 Professional Services 120
Grand Total: 85709.52
Project Account Summary
Project Account Key Payment Amount
**None** 85709.52
550-6035-6600 Personnel Services 632.68
550-6060-6700 Bank Fees 2105
550-6505-6600 Utility - General & Electric 54.76
550-5720-6600 Equipment Repair 16356.75
550-5775-6700 Network Support 362.49
550-6035-6500 Personnel Services 42.18
550-5500-6700 Department Supplies 98.89
550-5705-6700 Equipment Maintenance 55.32
550-5715-6600 Vehicle Repairs 345.6
510-6005-9102 Engineering Services 393.62
550-5500-6500 Department Supplies 543.21
550-5500-6600 Department Supplies 336.84
500-6060-6300 Bank Fees 2105
500-6200-6100 Telephone 33.97
510-6005-9066 Engineering Services 637.5
500-6005-6300 Engineering Services 472.5
500-6035-6000 Personnel Services 126.53
500-6035-6100 Personnel Services 42.18
500-5720-6100 Equipment Repair 987.27
500-5775-6300 Network Support 362.49
500-5900-6000 Tools & Small Equipment 114.25
500-5500-6300 Department Supplies -9.61
500-5705-6300 Equipment Maintenance 55.32
500-5715-6100 Vehicle Repairs 109.33
500-5500-6000 Department Supplies 245.33
500-5500-6100 Department Supplies 188.09
500-5500-6200 Department Supplies 98.88
280-5500-4200 Department Supplies 2798.45
280-6505-4200 Utility - General & Electric 95.35
351-6005-9102 Engineering Services 1180.88
160-6505-5700 Utility - General & Electric 239.88
165-4340 Museum Revenue 37
250-4054 BID Revenue Transfer 517.91
160-5565-5800 Janitorial Supplies 25.95
160-5705-5800 Equipment Maintenance 18.44
160-5740-5800 Building Repair and Maintenance 1841.11
Expense Approval Report Payment Dates: 4/14/2022 - 4/21/2022 Account Summary
Account Number Account Name Payment Amount
160-5540-5800 Catering - Food 54.2
Amount
4/28/2022 9:43:08 AM Page 1 of 4
73449 04/28/2022 NAPA AUTO PARTS FORTUNA 13452 Equipment Maintenance - General Services 23.32 73449 04/28/2022 NAPA AUTO PARTS FORTUNA 13494 Equipment Maintenance - Streets 15.58 73448 04/28/2022 MUNICIPAL MAINTENANCE EQU 168787-IN Vacon Repair 1505.91 73449 04/28/2022 NAPA AUTO PARTS FORTUNA 13315 Vehicle Repair - PD 9.02 73446 04/28/2022 MISSION LINEN INDUS SERV 516878283 Wastewater Linen Service 62.81 73447 04/28/2022 MOORE, MATTHEW 041622 Per Diem 5.1 - 5.27 (K9 Narc Detection Training) 1963 73446 04/28/2022 MISSION LINEN INDUS SERV 516878282 Corp Yard Linen Service 90.15 73446 04/28/2022 MISSION LINEN INDUS SERV 516878282 Corp Yard Linen Service 71.6 73446 04/28/2022 MISSION LINEN INDUS SERV 516835948 Parks/Rink Linen Service 72.31 73446 04/28/2022 MISSION LINEN INDUS SERV 516852254 Mat Service - PD FY 21/22 39.28 73445 04/28/2022 MERCER FRASER COMPANY 042022 Jameson Creek Project - Retention Release 54837.55 73445 04/28/2022 MERCER FRASER COMPANY 106857 Water Valve Boxes 537.89 73444 04/28/2022 MARK CLEMENTI, Ph.D. 04-15-22 Sancho Psych Evaluation 774 73445 04/28/2022 MERCER FRASER COMPANY 042022 Jameson Creek Project - Retention Release 32449.27 73443 04/28/2022 MAD RIVER COMMUNITY HOSPITAL10550330 Rexford Pre-employment Physical 333.57 73443 04/28/2022 MAD RIVER COMMUNITY HOSPITALA0088269 Rexford Pre-employment Physical 560 73441 04/28/2022 HUMBOLDT VETERINARY MEDICAL GRP 385250 Vet Services 109.5 73442 04/28/2022 HUMMEL TIRE & WHEEL 262822 Tires - PD 710.9 73440 04/28/2022 HUMBOLDT PETROLEUM 87336 Car Wash Services - PD 16 73441 04/28/2022 HUMBOLDT VETERINARY MEDICAL GRP 385133 Vet Services 370 73438 04/28/2022 GHD INC 380-0011886 CCO #1 - Jameson Creek Project 19552.47 73439 04/28/2022 HDL, COREN & CONE SIN0016402 Property Tax Service FY 21/22 1723.25 73436 04/28/2022 FORTUNA ACE HARDWARE 342702 Tools - Parks 26.01 73437 04/28/2022 FORTUNA CHURCH OF THE NAZ 042122 River Lodge Refund - Charged wrong rate 216 73436 04/28/2022 FORTUNA ACE HARDWARE 342678 Building Maintenance - WWTP 40.8 73436 04/28/2022 FORTUNA ACE HARDWARE 342692 Supplies - Utilities 39.05 73436 04/28/2022 FORTUNA ACE HARDWARE 342605 Supplies - General Services 13.01 73436 04/28/2022 FORTUNA ACE HARDWARE 342623 Supplies - Parks 32.21 73436 04/28/2022 FORTUNA ACE HARDWARE 342594 Supplies/Tools - Parks 99.84 73436 04/28/2022 FORTUNA ACE HARDWARE 342594 Supplies/Tools - Parks 10.83 73436 04/28/2022 FORTUNA ACE HARDWARE 342509 Supplies - WWTP 47.58 73436 04/28/2022 FORTUNA ACE HARDWARE 342587 Supplies - WWTP 92.34 73436 04/28/2022 FORTUNA ACE HARDWARE 342437 Supplies - Parks 28.81 73436 04/28/2022 FORTUNA ACE HARDWARE 342505 Tools - Parks 34.67 73435 04/28/2022 FERGUSON WATERWORKS #3011 1082800-1 Water Meter 4950.86 73436 04/28/2022 FORTUNA ACE HARDWARE 342414 Building Maintenance - City Hall 10.39 73433 04/28/2022 EUREKA OXYGEN CO A663429 Supplies - WWTP 318.37 73434 04/28/2022 FEDEX 7-725-15313 Shipping Services - Lab 33.25 73431 04/28/2022 DESIGN AIR S17318 HVAC Repair - River Lodge 4957.6 73432 04/28/2022 EDGE ANALYTICAL INC 22-10572 Lab Testing 402 73429 04/28/2022 COLANTUONO, HIGHSMITH & WHATLEY, PC 51537 Legal Services - Solid Waste Franchise Agreement552.5 73430 04/28/2022 COUNTY OF HUMB PLANNING & BUILDING PLI22-1459 Annual HOME Monitoring Services 1847.5 73427 04/28/2022 CASCADE DRILLING 041922 Well 5 Replacement Project - Retention Release11725.96 73428 04/28/2022 CODE PUBLISHING COMPANY GC0006839 Municipal Code Update 532.5 73425 04/28/2022 ASBURY ENVIRONMENTAL SERV I500-00814663 Used Oil Disposal 11 73426 04/28/2022 CALIFORNIA SPECIAL DISTRICTS ASSOC 042022 CSDA Membership - RCRPD 200 73425 04/28/2022 ASBURY ENVIRONMENTAL SERV I500-00814663 Used Oil Disposal 11 73425 04/28/2022 ASBURY ENVIRONMENTAL SERV I500-00814663 Used Oil Disposal 11 73425 04/28/2022 ASBURY ENVIRONMENTAL SERV I500-00814663 Used Oil Disposal 11 73425 04/28/2022 ASBURY ENVIRONMENTAL SERV I500-00814663 Used Oil Disposal 11 73423 04/28/2022 APPLY-A-LINE, INC. 56148-2 Striping 21015.52 73424 04/28/2022 ASAP LOCK & KEY 21770 Key Copies - Parks 37.98 73422 04/26/2022 POSTMASTER 042622 UB Disconnect Notice Postage 57.86 73422 04/26/2022 POSTMASTER 042622 UB Disconnect Notice Postage 57.85 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 4/26/2022 - 4/28/2022
Payment NumberPayment Date Vendor Name Payable Number Description (Item) Amount
4/28/2022 9:43:08 AM Page 2 of 4
73473 04/28/2022 WOODS PEST CONTROL 1160346 City Hall/PD Pest Services FY 21/22 42.5 Grand Total: 224853.04
73472 04/28/2022 WHITCHURCH ENGINEERING COF-223229 Police Facility Remodel Project/CCO #1 2497.62 73473 04/28/2022 WOODS PEST CONTROL 1160346 City Hall/PD Pest Services FY 21/22 42.5 73471 04/28/2022 USA BLUEBOOK 939218 Tools - WWTP 268.3 73472 04/28/2022 WHITCHURCH ENGINEERING COF-223229 Police Facility Remodel Project/CCO #1 10017.38 73470 04/28/2022 TRACTOR SUPPLY CREDIT PLA 422503 Dog Food - K9 Blitz 114.99 73471 04/28/2022 USA BLUEBOOK 932167 Lab Supplies 154.89 73470 04/28/2022 TRACTOR SUPPLY CREDIT PLA 422106 Kennel Supplies 149.66 73470 04/28/2022 TRACTOR SUPPLY CREDIT PLA 422502 Dog Food - K9 Cain 114.99 73469 04/28/2022 SYSCO SACRAMENTO 331679075 Catering/Janitorial Supplies - River Lodge 551.39 73469 04/28/2022 SYSCO SACRAMENTO 331679075 Catering/Janitorial Supplies - River Lodge 126.44 73467 04/28/2022 STEVENS, DENNIS 041922 Per Diem 5.2 - 5.5 (K9 Program Mngmnt Training) 261 73468 04/28/2022 SWRCB 042122 D3 Certificate - Jason Johnson 90 73465 04/28/2022 SILKE COMMUNICATIONS 120882 Radios - PD 35267 73466 04/28/2022 STAPLES BUSINESS CREDIT 7354921632 Supplies - Finance 28.64 73464 04/28/2022 SEQUOIA GAS STATION 376906 Equipment Fuel 32.87 73465 04/28/2022 SILKE COMMUNICATIONS 120882 Radios - PD 263.34 73463 04/28/2022 SCOTTY'S CUTTERS EDGE 144241 Equipment Maintenance - Parks 135.68 73463 04/28/2022 SCOTTY'S CUTTERS EDGE 144243 Equipment Maintenance - Parks 68.27 73462 04/28/2022 RECOLOGY EEL RIVER 544084 Debris Disposal 72.8 73462 04/28/2022 RECOLOGY EEL RIVER 544609 Debris Disposal 117.6 73460 04/28/2022 PLATT ELECTRIC SUPPLY 2P95631 Bulbs - Council Chambers 438.53 73461 04/28/2022 PRIMOFIORE, JUSTIN 041922 Per Diem 5.2 - 5.5 (K9 Program Mngmnt Training) 261 73459 04/28/2022 PLANWEST PARTNERS INC 21-193-01MD-LEAP Mill District LEAP Grant 1585 73459 04/28/2022 PLANWEST PARTNERS INC 22-193-015B2 SB2 Planning Grant Project 4284.5 73457 04/28/2022 PACIFIC GAS & ELECTRIC CO 04226726 44469516726 1084.59 73458 04/28/2022 PIKE, ELISHA 041822 Park Deposit Refund 500 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107312 Credit Returns -147.04 73456 04/28/2022 PACE ANALYTICAL SERVICES 2203712-28 Lab Testing 166.05 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107312 Credit Returns -147.06 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107312 Credit Returns -147.06 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107312 Credit Returns -147.06 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107312 Credit Returns -147.06 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107144 Vehicle Repair - PD 9.8 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107151 Vehicle Repair - PD 32.53 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 106646 Equipment Maintenance - General Services 59.89 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 107143 Vehicle Repair - PD 130.07 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 106262 Vehicle Repair - PD 44.2 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 106475 Vehicle Repair - PD 101.82 73454 04/28/2022 NORTH PACIFIC CARDIOLOGY 42270 Sancho Pre-employment Physical 45 73455 04/28/2022 O'REILLY AUTOMOTIVE STORE 105491 Vehicle Repair - Streets 454.19 73453 04/28/2022 NORTH COAST LABORATORIES 164106 Lab Testing 272.5 73453 04/28/2022 NORTH COAST LABORATORIES 164115 Lab Testing 255 73453 04/28/2022 NORTH COAST LABORATORIES 164048 Lab Testing 120 73453 04/28/2022 NORTH COAST LABORATORIES 164106 Lab Testing 67.5 73452 04/28/2022 NORTH COAST JOURNAL 202294864 City Engineer Recruitment Advertising 154 73453 04/28/2022 NORTH COAST LABORATORIES 163977 Lab Testing 255 73452 04/28/2022 NORTH COAST JOURNAL 202294829 Utility Worker Recruitment Advertising 25 73452 04/28/2022 NORTH COAST JOURNAL 202294861 City Engineer Recruitment Advertising 50 73452 04/28/2022 NORTH COAST JOURNAL 202294826 Utility Worker Recruitment Advertising 61 73452 04/28/2022 NORTH COAST JOURNAL 202294829 Utility Worker Recruitment Advertising 25 73452 04/28/2022 NORTH COAST JOURNAL 202294823 Dispatcher Recruitment Advertising 50 73452 04/28/2022 NORTH COAST JOURNAL 202294826 Utility Worker Recruitment Advertising 61 73451 04/28/2022 NORMAN'S DRY CLEANERS 70641 River Lodge Linen Service 46.37 73452 04/28/2022 NORTH COAST JOURNAL 202294820 Dispatcher Recruitment Advertising 122 73450 04/28/2022 NOR CAL GLOVES 548193 Gloves - PD 983.25 73451 04/28/2022 NORMAN'S DRY CLEANERS 70641 River Lodge Linen Service 162 Expense Approval Report Payment Dates: 4/26/2022 - 4/28/2022 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 160-5546-5800 Catering - Other 551.39
160-5547-5800 User Group Linen 162
4/28/2022 9:43:08 AM Page 3 of 4
105-7000-2850 Travel, Conferences & Training 1963
110-6700-5450 Administration Fees 200
160-2222 River Lodge Deposits 216
101-6025-9104 Professional Services 2497.62
101-7000-2850 Travel, Conferences & Training 522
105-5500-2850 Department Supplies 114.99
100-7455-2800 Veterinary Expenses 109.5
100-7616-1000 Televised Meetings 438.53
101-5500-2850 Department Supplies 114.99
100-6035-5450 Personnel Services 893.57
100-6225-1400 Codification Misc 532.5
100-7400-2800 Miranda's Rescue 370
100-6025-9104 Professional Services 10017.38
100-6035-2000 Personnel Services 991
100-6035-4000 Personnel Services 204
100-6020-1400 Legal Services 552.5
100-6025-1400 Professional Services 1723.25
100-6025-2000 Professional Services 39.28
100-5740-1500 Building Repair and Maintenance 52.89
100-5740-2000 Building Repair and Maintenance 42.5
100-5900-5450 Tools & Small Equipment 71.51
100-5715-5450 Vehicle Repairs -136.06
100-5720-4100 Equipment Repair -52.85
100-5720-5450 Equipment Repair 203.95
100-5565-5450 Janitorial Supplies 72.31
100-5700-2000 Radio Equipment 263.34
100-5715-2000 Vehicle Repairs 918.28
100-5500-4100 Department Supplies 220.76
100-5500-5450 Department Supplies 198.84
100-5505-5450 Vehicle Fuel & Oil 32.87
100-2220 Refundable Park Deposits 500
100-5500-2000 Department Supplies 983.25
100-5500-2800 Department Supplies 149.66
830 - CDBG Business Fund 1847.5
Grand Total: 224853.04
Account Summary
Account Number Account Name Payment Amount
100-1680 Distributed Office Supplies 28.64
359 - Department of Fish & Wildlife Fund 74390.02
500 - Water Fund 6810.24
510 - Water Capital Fund 11725.96
550 - Wastewater Fund 3921.66
560 - Wastewater Capital Fund 120
210 - Solid Waste Fund 72.8
260 - TDA Non-Transit Fund 21015.52
280 - Gas Tax Fund 469.77
300 - Special Grants 5869.5
350 - Capital Projects Fund 32449.27
101 - Transaction and Use Tax Fund 3134.61
105 - Donations Fund 2077.99
110 - Rohner Rec District Fund 200
160 - Riverlodge Fund 6059.8
189 - Measure Z Fund 35267
Expense Approval Report Payment Dates: 4/26/2022 - 4/28/2022 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 19421.4
4/28/2022 9:43:08 AM Page 4 of 4
Project Account Key Payment Amount
**None** 222775.05
Exp DONATION-K9 2077.99
Grand Total: 224853.04
560-6025-0171 Professional Services 120
830-6050-7200 Program Administration 1847.5
Grand Total: 224853.04
Project Account Summary
550-5900-6600 Tools & Small Equipment 268.3
550-6035-6500 Personnel Services 86
550-6045-6600 Laboratory Services 815.75
550-5720-6500 Equipment Repair -136.04
550-5740-6600 Building Repair and Maintenance 40.8
550-5766-6600 Bio solids Management 568.05
550-5500-6700 Department Supplies 57.85
550-5557-6600 Lab Supplies 154.89
550-5715-6600 Vehicle Repairs 1505.91
510-2030 Retention Payable 11725.96
550-5500-6500 Department Supplies 39.05
550-5500-6600 Department Supplies 521.1
500-6045-6000 Laboratory Services 67.5
500-6505-6000 Utility - General & Electric 1084.59
500-7012-6100 Certification 90
500-5715-6100 Vehicle Repairs -136.06
500-5760-6100 Water Meters 4950.86
500-6035-6100 Personnel Services 86
359-6005-9374 Engineering Services 19552.47
500-5500-6100 Department Supplies 609.49
500-5500-6200 Department Supplies 57.86
300-6025-3200 Professional Services 5869.5
350-2030 Retention Payable 32449.27
359-2030 Retention Payable 54837.55
260-6015-9994 General Contracting 21015.52
280-5715-4200 Vehicle Repairs 454.19
280-5720-4200 Equipment Repair 15.58
160-5740-5800 Building Repair and Maintenance 4957.6
189-8000-2000 Capital Outlay 35267
210-5752-5300 Illegal Dumping 72.8
Expense Approval Report Payment Dates: 4/26/2022 - 4/28/2022 Account Summary
Account Number Account Name Payment Amount
160-5565-5800 Janitorial Supplies 172.81
Consent Calendar Item 4c

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: May 2, 2022
TO: Honorable Mayor and Council Members
FROM: Cameron Mull, Parks & Recreation Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Approval of MOU between City of Fortuna and Mad River Girls Fastpitch Softball Association for Park Facility Use
STAFF RECOMMENDATION:

Approve the Memorandum of Understanding (MOU) between City of Fortuna and Mad River Girls Fastpitch Softball Association (MRGFSA) for use of softball fields and associated facilities.

EXECUTIVE SUMMARY:

The non-profit youth MRGFSA has been utilizing the City’s softball fields for practices and games for multiple years, however an agreement or MOU has not been established to-date (only annual facility rental applications), though the user group has been previously approved as exempt from park use-fees per the City’s Fee Schedule. The purpose of the MOU (attached) is to clarify and outline the responsibilities of each involved party. This MOU will allow MRGFSA use of the various facilities from March 1 to June 30 each year, however the MOU outlines that the City reserves the right to use said park facilities at the City’s discretion for other uses, if needed.

The majority of facility use by MRGFSA would be at Newburg Park’s two softball fields and the main cook shack for serving concessions during practices and/or games. The Bartow Field in Rohner Park and its associated cook shack would be used once annually for MRGFSA’s jamboree tournament.

Similar to any other user-group for use of all City facilities, MRGFSA is required to provide insurance to the City during the MOU term. The MOU outlines a trade of services for field use, in that MRGFSA would be responsible for an annual deep-cleaning of the Newburg Park cook shack performed by a professional cleaning service, assistance with repairs to the Newburg cook shack (as needed), a minimum of a $500 annual donation for the purchase of infield red-rock, and being responsible for the addition of any field modifications specific to girls Fastpitch (approved by the Parks & Recreation Director).

Consent Calendar Item 4c

FISCAL IMPACT:

There will be multiple Park staff hours spent on field prep prior to and during the term of the agreement, as well as utility costs (water and ballfield lights) associated with field use.

Additionally, there are janitorial costs associated with the added park use, as well as fuel costs to operate equipment for the field prep, and administrative hours spent scheduling field use.

MRGFSA will be supplementing some costs with their own funds, including supporting annual purchases of a minimum of $500 of infield (red rock) material for optimal field conditions, an annual professional cleaning of the Newburg Park cook shack, and paying for any field modifications specific to their use.

RECOMMENDED BOARD ACTION:

Staff recommends that the City Council approve the MOU between City of Fortuna and MRGFSA for park facility use.

ATTACHMENT:
 MOU between the City of Fortuna and Mad River Girls Fastpitch Softball Association

MEMORANDUM OF UNDERSTANDING

BETWEEN MAD RIVER GIRLS FASTPITCH SOFTBALL ASSOCIATION
& THE CITY OF FORTUNA
FOR

NEWBURG AND ROHNER PARK FIELDS AND CONCESSION STANDS
This is a Memorandum of Understanding between the City of Fortuna, hereafter referred to as “CITY”, and Mad River Girls Fastpitch Softball Association, hereafter referred to as “ASSOCIATION”.

WHEREAS, CITY is the owner of the property located at Newburg Park and Rohner Park; and WHEREAS, said properties are designed for softball activities and buildings are designed to be used as concession stands; and
WHEREAS, ASSOCIATION is desirous of procuring from CITY on days not conflicting with CITY use during the months of March through June, the right to use Softball Field #1, Softball Field #2, the East Field, main concession stand, and storage shed in Newburg Park for practices and games, and the Bartow Field and associated concession stand for the ASSOCIATION’s annual opening tournament only; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

PURPOSE
The purpose of this Memorandum of Understanding is to establish and maintain an effective working relationship between CITY and ASSOCIATION. ASSOCIATION is given, except as otherwise provided in the section of this Agreement titled, SALE OF FOOD AND DRINK BY OTHERS, the exclusive right license and privilege to sell and vend soft drinks, food and other refreshments at Newburg Park.

HOLD HARMLESS
ASSOCIATION shall hold harmless, defend and indemnify CITY and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with ASSOCIATION’s performance hereunder or its failure to comply with any of its obligations in this MOU, except such loss or damage as was caused by the sole negligence or willful misconduct of CITY.

LIABILITY INSURANCE
ASSOCIATION shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the ASSOCIATION, their agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Workers’ Compensation insurance as required by the State of California Minimum Limits of Insurance
ASSOCIATION shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the CITY, its officers, officials, employees and volunteers; or the ASSOCIATION shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The CITY, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the ASSOCIATION; and with respect to liability arising out of work or operations performed by or on behalf of the ASSOCIATION including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured or in any case where an agreement to indemnify the additional insured would be invalid under subsection b of Section 2782 of the Civil Code. General liability coverage can be provided in the form of an endorsement to the ASSOCIATION’s insurance, or as a separate owner’s policy.

2. For any claims related to this use, the ASSOCIATION’s insurance coverage shall be primary insurance in respect to the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the ASSOCIATION’s insurance and shall not contribute with it.

3. The insurance policy required by this clause shall include an Endorsement which states that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.

Acceptability of Insurers
Insurance is to be placed with California-admitted insurers with a current A.M. Best’s rating of no less than A:VII.

Verification of Coverage
ASSOCIATION shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be signed by an authorized representative of the issuing insurer. The endorsements shall conform to the CITY’s requirements. All certificates and endorsements are to be received and approved by the CITY before activities commence. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

LICENSES, PERMITS AND TAXES
CONTRACTOR shall obtain any and all permits or licenses, including City of Fortuna Business License and health permit as required by Humboldt County Health Department for food service, which may be required by law or ordinance in the conduct of their operations.

They shall pay any and all taxes which may be assessed against them or their property in this operation.

TERM
The term of this agreement shall be for one year from the Agreement date. The Agreement shall renew automatically for additional periods of one year unless either CITY or ASSOCIATION gives notice to the other in writing, at least thirty (30) days before the expiration of any annual term, of its intention not to renew the Agreement at the expiration of said term.

UTILITIES
CITY shall provide water, electricity and garbage services. All other utilities, including propane, are the responsibility of ASSOCIATION.

EQUIPMENT
ASSOCIATION shall supply and maintain all equipment and supplies needed to carry out the terms and conditions of this contract. Upon termination, all supplies and equipment shall be immediately removed by the ASSOCIATION, and shall then remain the property of the ASSOCIATION. Any equipment or supplies remaining at the concession stand twenty (20) days after termination of this Agreement shall become the property of CITY. No passenger vehicles shall be operated on any turf or infield areas without prior consent.

REPAIRS, MAINTENANCE AND MODIFICATIONS
ASSOCIATION shall keep all ballfields, concession stands, storage areas and all immediate outside areas in a clean and sanitary condition at all times. If ASSOCIATION fails to keep said premises in a clean and presentable condition, CITY may notify ASSOCIATION of deficiencies in writing, and if after receipt of such written notice, ASSOCIATION has not immediately instigated measures to remedy the unsatisfactory conditions, CITY may cause to have the necessary maintenance and/or cleaning services provided by others and the cost thereof shall be the responsibility of the ASSOCIATION. If said costs are not paid promptly by the ASSOCIATION, this Agreement shall be determined to be in default and CITY shall be entitled to all legal remedies provided herein.

ASSOCIATION shall provide the CITY with an annual minimum $500 donation towards infield material to maintain the two softball fields at Newburg Park, ASSOCIATION shall provide an annual professional cleaning service at the Newburg Park cook shack at their own expense, and ASSOCIATION shall fund all expenses for field modifications specific to the ASSOCIATION’s use.

No modifications shall be made to any CITY property without prior consent by the Parks & Recreation Director.

Any modifications to the concession stand buildings by ASSOCIATION or CITY shall become the property of the CITY. Modifications will include any items attached to the building, in any way. Portable equipment and supply items are not considered modifications for the purposes of this Agreement.

SALE OF FOOD AND DRINK BY OTHERS
ASSOCIATION shall have exclusive right and privilege to provide soft drinks, food and other refreshments, excluding beer and wine, from concession stands during games.

QUALITY OF FOOD
ASSOCIATION shall put forth an effort to serve high-quality, attractively prepared and wholesome food, beverages, confections and other healthy options.

SUBOTHER GROUPS OR ASSOCIATIONS
ASSOCIATION must receive permission from CITY prior to allowing other groups use of the Newburg Park Concession Stand. All subASSOCIATIONs or groups must provide individual insurance requirements and pay the monthly fees for use of the building. The CITY has the right to refuse use of the building to any other user group.

ADDRESS OF SERVICE
Any notice to be served or sent to either CITY or ASSOCIATION may be served or sent to them at the following address:

City of Fortuna Mad River Girls Fastpitch Softball Association 621 11th Street Kelly Helms, President
P.O. Box 545 P.O. Box 4361
Fortuna, CA 95540 Arcata, CA 95518

DEFAULT OF ASSOCIATION
In the event that default shall be made by ASSOCIATION in any of the covenants herein agreed to be performed by ASSOCIATION, or if ASSOCIATION violates any of the ordinances of the City of Fortuna or any laws of the State of California or any Federal laws, CITY shall have the right to terminate this contract. CITY may exercise said option to terminate this contract after ten (10) days written notice to ASSOCIATION specifying wherein such default or breach is alleged to exist on the part of ASSOCIATION to correct such default or breach within ten (10) days after the date of such notice. All other notice or demand required by the law to terminate this contract is hereby expressly waived by ASSOCIATION. In the event this contract is so terminated, it shall be lawful for CITY immediately thereafter to remove all persons and property from the premises except as hereinafter provided.

TERMINATION BY CITY
CITY shall have the right to terminate and cancel this agreement in its entirety and all rights ensuing there from if any one or more of the following shall occur:

1. ASSOCIATION shall fail duly and punctually to pay fees and charges or to make any other payments required hereunder when due to CITY.

2. Failure of ASSOCIATION to maintain the quality of foods and the quality of service to the satisfaction of the CITY Director of Parks and Recreation, after service of a 10 day notice to correct the condition objected to.

3. Failure of ASSOCIATION to maintain the improvements, equipment and facilities in good condition and repair after service of a written notice to correct the condition objected to.

4. The happening of any act which results in the suspension or revocation of any licenses or permits necessary for the conduct and operation of the concession stand as herein authorized.

5. The transfer of the interest of the ASSOCIATION under this agreement by operation of law, or otherwise, to any other person, firm or corporation.

6. Any substantial change in the ownership or proprietorship of ASSOCIATION which, in the opinion of the CITY, is not in the best interests of CITY or the public.

7. ASSOCIATION shall fail to keep, perform and observe each and every promise, covenants, and agreement set forth in the Agreement on their part to be kept, performed or observed.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ________ day of _________________________, 2022:

MAD RIVER GIRLS FASTPITCH SOFTBALL ASSOC. CITY OF FORTUNA By By
Kelly Helms Merritt Perry
Mad River Girls Fastpitch Softball Assoc. President City Manager Consent Agenda Item 4d.

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: May 2, 2022
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Approval of Professional Services Contract Task Order for the 12th Street Stormwater Enhancement Project (CIP 9101)
STAFF RECOMMENDATION:

Review staff report for approval of a professional services task order for the 12th Street Stormwater Enhancement Project (CIP# 9101).

EXECUTIVE SUMMARY:

The City has an on call contract with GHD Inc. for various professional services, including stormwater design and construction engineering. Staff is requesting the use of this on call contract to award the design and construction phases of work for the City’s 12th Street Stormwater Enhancement Project (Project). The project would include installing new storm drains and raingardens in various locations along 12th Street, in between K Street and Loni Drive. Additionally, a large raingarden feature would be installed along the southern boundary of the High School parking area.

As noted in further detail below, this project will be funded primarily though a Proposition 1 grant that the City received through the State Water Resources Control Board (State Board). The grant application and current 60% design plans were developed by GHD, and therefore their project team is best suited to complete the design and construction engineering portions of the work. Staff have also verified that awarding the professional services contract through the City’s existing on-call contract meets the procurement guidelines of the grant agreement with the State Board.

With approval from Council, staff will work with GHD to finalize the attached scope of work for the project in an amount not to exceed the project-funding limit as written in the grant agreement.

Staff anticipates this project going to construction during the summer of 2023.

FINANCIAL IMPACT:

The project is funded principally by a Proposition 1 grant from the State Board in the amount of $945,850, with an additional $105,150 of City local fund match (the match is 10% of the total project cost). The City matching funds have been budgeted through a mixture of Measure E funds and Wastewater Capital Reserve, the latter of which was a result of a supplemental environmental project with the State Board.

Consent Agenda Item 4d.

The professional services contract with GHD would be charged in varying amounts to all funding sources, dependent on the project phase as outlined in the City’s grant agreement. The total professional services contract amount requested for authorization is $190,000, which is the total amount as outlined in the City’s current grant agreement with the state.

RECOMMENDED COUNCIL ACTION:

Approve a professional services task order with GHD for the 12th Street Stormwater Enhancement Project (CIP# 9101). Consent Agenda vote.

ATTACHMENTS:
 Attachment A: GHD Scope of Services
The Power of Commitment
GHI Inc 380
Exhibit A
Scope of Work for
City of Fortuna 12th Street Integrated Stormwater Project The City of Fortuna (City) was awarded funding through the California State Water Resources Control Board’s Storm Water Grant (Section 79747 of the Water Code, and Resolution No. 2019-0059), for the 12th Street Integrated Stormwater Project.

The Project purpose is to treat and infiltrate urban storm water to support beneficial uses of Rohner Creek and the Eel River; augment groundwater quality and supply; provide urban greening; alleviate nuisance flooding along 12th Street; and, as a disadvantaged community, implement projects that are socially, environmentally and economically beneficial and cost-effective.

GHD proposes the following scope of work, consistent with the City’s executed Grant Agreement with the State Water Board (no. D2112158):

Task 1 – Project Administration
Subtask 1.1 Meetings and Project Administration
Under this task, GHD will provide grant management assistance including assistance with grant requirements, and preparation and submission of supporting grant documents. This task also includes preparation of invoices including relevant supporting documentation and administrative responsibilities associated with the Project such as coordinating with partnering agencies and managing consultants/contractors. Effort includes quarterly reimbursement support (invoicing and documentation) and coordination with City. Effort under this task also includes monthly progress meetings.

Assumptions:
– City will complete grant reporting
Deliverables:
– Monthly Invoices, Meeting Agendas and Meeting Minutes Task 2 – Planning/Design/Engineering/Environmental
Subtask 2.1 Design

2.1.1 Develop 90% Design Plans, Technical Specifications, Opinion of Probable Construction Cost, and Design Report
The project team will utilize the existing Preliminary design plans as the basis to prepare 90% design plans and technical specifications. The intent of the 90% plans is to advance the Preliminary design plans, resolve potential utility conflicts, detailed structural design, and provide a complete set of design and planting plans. The basis of design will be reported in a Design Report. Technical specifications will follow Construction Specifications Institute (CSI) or Caltrans Standard Specifications format. An Opinion of Probable Construction cost and Design Report will be submitted based on the 90% design plans.

Assumptions
– GHD’s CAD standards will be utilized.
– City’s Standard Details will be utilized as applicable. 12559529 | Scope of Work 2
– City will provide one compiled set of comments
– Plans will be provided in electronic format (.pdf) with page size 22x34 – Specifications will be in electronic (Microsoft Word) format – Design Report will be provided in electronic format (.pdf) Deliverables
– 90% Design Plans
– 90% Technical Specifications
– Opinion of Probable Construction Cost
– Design Report

2.1.2 Develop Draft and Final 100% Design Plans, Technical Specifications and Opinion of Probable Construction Cost
The project team will advance the design drawings and technical specifications to a 100% stage for the proposed design. The drawings will be updated based on comments received on the 90% drawings. The Project Team will also prepare an Opinion of Probable Construction costs to be submitted with the 100% design plans.

Assumptions
– GHD’s CAD standards will be utilized.
– City’s Standard Details will be utilized as applicable. – City will provide one compiled set of comments
– Plans will be provided in electronic format (.pdf) with page size 22x34 – Specifications will be in electronic (Microsoft Word) format – Project will be exempt from DSA review
Deliverables
– 100% Design Plans
– 100% Specifications
– Opinion of Probable Construction Cost
– DSA Exemption Letter
Subtask 2.2 Supplemental Survey and Potholing
The Preliminary design plans identified potential conflicts between existing underground utilities and proposed project components. Under this task, GHD will review available existing utility information from the City of Fortuna, PG&E, AT&T, SuddenLink and Caltrans and will work with the City maintenance staff to identify and conduct potholing to assess potential conflict(s).

Assumptions
– City staff to conduct potholing with GHD oversight
Deliverables
– Base map used for design sheets
12559529 | Scope of Work 3
Subtask 2.3 Construction Bid Documents
Following completion of the 100% design plans, GHD will develop and compile the bid package including available permit conditions and front-end contract provided by the City.

Assumptions:
– City will provide most recent Front End Documents template – City to provide GHD desired traffic control and detour restrictions/timing – Single round of City edits/comments addressed between draft and final – Single Bid Package
Deliverables:
– Electronic PDF Draft and Final bid package stamped by a professional engineer licensed in the State of California
Task 3 – Construction/Implementation
Subtask 3.1 Bid Period Services
Following completion of the Bid Package, GHD will complete the following tasks:
• Print and distribute plans to contractors (copies to Builder's exchange and the City) • Issue Addenda during bidding to answer contractor questions • Organize and conduct a pre-bid site meeting
• Organize and participate in bid opening
• Review contractor bids, summarize bid results and provide recommendation to City for award • Work with the selected contractor on obtaining and verifying bonds and insurance • Work with the City on preparing the contract documents for City Council approval o Notice of Award
o Contract
o Notice to Proceed
Assumptions:
– City will provide the Advertisement of Bid and pay any associated fees for the placement of the bid in any newspapers or other publications.
– Effort associated with providing assistance during a bid protest has been excluded.

Deliverables:
– Electronic PDF Draft and Final bid package stamped by a professional engineer licensed in the State of California
Subtask 3.2 Construction Management, Inspection, Testing

3.2.1 Pre-Construction Meeting
• Conduct pre-construction meeting.
• As a part of this effort, GHD will prepare and distribute the agenda, meeting minutes and a task list to project staff.
• Summarize work and expectations of The City including contract requirements and coordination required for the completion of the work including, roles and responsibilities, schedule of work, submittals, work hours, notifications, safety, coordination with utilities, materials testing, etc. • Attend additional meetings and coordinate as necessary with the City and the Contractor prior to the start of construction.
12559529 | Scope of Work 4

3.2.2 Environmental Compliance Coordination
• Compile permit and regulatory documents and distribute to Contractor(s) • Respond to environmental compliance and permitting related questions during the construction period.
• Oversee permit compliance requirements and assist Contractor interpret permit conditions and construction windows.

3.2.3 Construction Period Tasks
• Record working days, non- working days and whether related days and issue weekly statement of working days.
• Review Contractor monthly payment requests, resolve differences in payment quantities, and prepare and submit monthly payment recommendations to The City. • Maintain project records and files.
• Attend project meetings and prepare agenda, attend, and document meeting minutes. • Coordinate and manage Submittal and Shop Drawings reviews – include maintaining submittal log. • Review and respond to contractor submittals, based upon the plans and specifications. • Monitor the Contractor’s construction schedule and progress for adherence to project schedule, coordinate with the Contractor on maintaining activities, notify Contractor and The City of any schedule concerns, review any schedule revisions and negotiate time extensions if necessary. • Coordinate with the Contractor so Contractor can provide The City staff with sufficient advance notice for any construction activities which may affect or require The City resources or coordination. • Request For Information (RFI) & Contract Change Orders (CCO) o Manage Contractor correspondence including RFIs, Potential Change Orders (PCOs) and CCOs – include technical / engineering assistance and review, maintain logs, prepare and transmit responses and coordinate with other parties to develop responses. o Submit copy of CCO memorandum and CCOs to The City.
• Attend on-site meetings to address construction issues, prepare agenda and meeting minutes. • Coordinate and schedule Biologist, Construction Observer, and supporting The City staff. • Review Certified Payroll
Assumptions
– City to provide advance construction notifications to impacted property owners and emergency responders.
– Anticipated implementation period (June 2023 - August 2023). – Labor Compliance Monitoring and Certified Payroll review completed by others. – Construction staking will be provided by the contractor. – Any re-design during construction requested by the City is not included. – Contractor is responsible for site safety.

Deliverables
– Monthly and quarterly payment recommendations, project and site meeting agendas and meeting minutes, contract change order memorandums.

3.2.4 On-Site Observation
In this Task GHD will provide the following onsite construction observation services as described below. • Provide on-site construction observation to document Contractor general conformance with the project plans and specifications.
• Prepare observation reports including digital photo logs of progress. • Maintain routine communication with Construction Manager and City staff. • Maintain a set of red line plans depicting changes noted by the construction observer. • Conduct regulatory permitting monitoring and reporting 12559529 | Scope of Work 5
• Collect and maintain material tags and testing tags/reports as required for contract compliance. • Review traffic control, water management and monitor Contractor activities. • Reject or Recommend deductions for materials not meeting the project requirements. • Conduct spot elevation checks of grading and storm drain facility installation for conformance with plans and specifications.
• Observe seed/mulch application
• Observe plant installation
Assumptions/Exclusions:
– An assumed 24-hours per week of onsite observation for as assumed 8 weeks of construction period has been assumed as an initial allowance.
– Materials testing by others
Deliverables:
– Observation reports including digital photo logs, material tags and testing tags/reports – As-Built Drawings (pdf and autocad)
Subtask 3.3 Operations and Maintenance Protocols and Checklists GHD will contract and coordinate with Cal Poly Humboldt’s Environmental Resources Engineering department for a student to develop, with the assistance of GHD, operations and maintenance protocols and bioretention construction checklist for use by City maintenance staff.

Assumptions:
– Operations and maintenance protocols and bioretention construction checklist submitted electronically.

Draft in MS Word and Final in .pdf
Deliverables:
– Draft and Final Operations and Maintenance Protocols
– Draft and Final Bioretention Construction Checklist
Task 4 – Monitoring/Performance
Subtask 4.1 Project Assessment and Evaluation Plan (PAEP) Revisions/implementation
The task includes the revision and implementation of the PAEP that details the methods of measuring and reporting Project benefits. The PAEP will be provide to the City for submittal to the Grant Funder’s Project Manager. Implementation of any monitoring and performance assessment and/or evaluation actions will not occur prior to PAEP approval by the funder. Project performance will be measure, evaluated, and documented based on the effectiveness criteria in the approved PAEP and submitted to the City for review.

Results of the performance assessment, along with any supporting data and analysis will be included for the City’s associated quarterly progress report and the Final Project Report.

Assumptions:
– City will submit all documentation to the Grant Funder’s Project Manager – City will complete quarterly progress reports and Final Project Report Deliverables:
– Project Assessment and Evaluation Plan
12559529 | Scope of Work 6
Task 5 – Education/Outreach
Subtask 5.1 Outreach, Interpretive Signage, and Tours
This task includes development and implementation of K-12 targeted education activities, mailers, project tours, presentations, and website information, as well as a display table during a local event. GHD will work with the City to identify informational content for interpretive signage. Interpretive signage will meet the minimum criteria identified in the Grant Agreement.

Assumptions:
– One (1) K-12 educational tour for East High School or Fortuna High School students – One (1) Cal Poly Humboldt student tour
– City will print and mail Informational Brochure
– Brochure Information will be utilized on City Website – City will post Informational Brochure
– Informational Brochure will be 8.5 x 11 pdf
– City will pay for sign production and installation
Deliverables:
– 1-page Informational Brochure
– PowerPoint Presentation for High School students
– Draft and Final Design of Sign
The Power of Commitment
GHI Inc 380
Exhibit A
Schedule
The Scope of Work will be completed as shown in the schedule below.

Task
No. Phase Name 2022 2023
Q2 Q3 Q4 Q1 Q2 Q3 Q4
1 Project Administration
2 Planning/Design/Engineering/Environmental
3 Construction/Implementation
4 Monitoring/Performance
5 Education/Outreach
The Power of Commitment
GHI Inc 380
Exhibit A
Compensation
GHD will complete the above scope of services for a time and materials basis as shown below. Additional services that are not included in this proposal or which are requested by the Client can be provided on a time-and-materials basis in accordance with the current fee schedule in effect at the time the work is completed.

Task
No. Phase Name Project Total
1 Project Administration $19,820
2 Planning/Design/Engineering/Environmental $84,000
3 Construction/Implementation $57,600
4 Monitoring/Performance $7,800
5 Education/Outreach $18,800
Total $188,020
Consent Calendar Item 4e

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: March 2, 2022
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Memorandum of Understanding - Humboldt County Drug Task Force STAFF RECOMMENDATION:

Staff recommends Council review and approve the updated Humboldt County Drug Task Force Memorandum of Understanding between participating agencies.

EXECUTIVE SUMMARY:

On Wednesday, April 13, 2022, the executive board of the Humboldt County Drug Task Force (HCDTF) voted unanimously to accept all updates to the joint Memorandum of Understanding (MOU). The purpose of the MOU is to set forth the responsibilities of the participating agencies as they relate to the HCDTF. Working in collaboration, participating agencies will enforce the controlled substance laws of the State of California, found in the California Health and Safety Code. Applicable federal laws relating to the trafficking of controlled substances are also enforced.

The task force concept ensures well-coordinated narcotic enforcement regionally, and increase the flow of narcotic related intelligence information between the various law enforcement agencies throughout Humboldt County.

Trafficking and abuse of drugs in the United States affects nearly all aspects of life within the community. The economic cost alone is immense and the damage caused by drug abuse and addiction can be seen in an overburdened justice system, strained healthcare system, lost productivity, and environmental destruction. HCDTF’s ability to reduce the impact of drug crimes through investigation of individuals and organizations involved in narcotics trafficking and organized crime is imperative to the overall safety of the community. The integration of the Fortuna Police Officer with HCDTF provides the resources needed to enhance public safety in the Eel River Valley by reducing drug related crimes and the byproduct of threats to public safety caused by illicit drug trafficking. In addition, the City of Fortuna receives equitable sharing of asset seizure funds through Fortuna Police Department’s participation in HCDTF.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDED COUNCIL ACTION:

Approve the Humboldt County Drug Task Force Memorandum of Understanding. Consent Agenda vote.

Consent Calendar Item 4e

ATTACHMENTS:
 Humboldt County Drug Task Force Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) to continue the operation of the Humboldt County Drug Task Force (hereinafter HCDTF) is entered into by the Humboldt County Sheriff’s Office (hereinafter HCSO) and the following participating agencies:

Humboldt County District Attorney’s Office
Arcata Police Department
Eureka Police Department
Fortuna Police Department
California Highway Patrol
WHEREAS, the participating agencies propose to integrate resources and investigative efforts through the HCDTF to address criminal justice issues related to narcotics within the County; and
WHEREAS, this MOU is entered into pursuant to the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., however this MOU does not provide for the creation of an agency or entity that is separate from the parties to the agreement.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

I. PURPOSE
The purpose of this memorandum is to set forth the responsibilities of the participating agencies as they relate to the HCDTF. Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code, and applicable federal laws relating to the trafficking of controlled substances. Agencies participating in the HCDTF will be targeting investigations toward the apprehension of upper-level narcotic violators. Use of the Task Force concept is intended to ensure well-coordinated narcotic enforcement regionally and increase the flow of narcotic related intelligence information between the various law enforcement agencies.

II. MISSION
The Mission of the Humboldt County Drug Task Force is to actively investigate the sales, manufacturing and distribution of illicit drugs within Humboldt County by focusing investigative efforts on complex drug trafficking organizations and mid to high level drug traffickers.

III. TASK FORCE EXECUTIVE BOARD
The HCDTF will be governed by the “Humboldt County Drug Task Force Executive Board”.

Participating Agency: A “Participating Agency” is an allied state, federal or local law enforcement agency that has made a commitment of resources and manpower for an agreed time period.

Structure: The HCDTF Executive Board will consist of the Sheriff or his designee and the department heads of each participating agency and their designee.

Role: The HCDTF Executive Board shall meet on a monthly basis for the purpose of reviewing the activities of the HCDTF. Also, the members shall have general responsibility for the oversight of HCDTF operations.

Policy Authority: The HCDTF Executive Board shall be responsible for the HCDTF policies and operating procedures. The Executive Board shall periodically review and evaluate the HCDTF operations, goals, objectives, policies and procedures.

Chairperson: The Executive Board shall select a Chairperson at the first meeting in January of each year. The role of Chairperson shall rotate amongst participating agencies each year.

IV. MANAGEMENT
The HCDTF Sergeant will have responsibility of the day-to-day operations of task force personnel while they operate as members of the HCDTF. Any allegations of poor performance and/or misconduct by a member of the HCDTF shall be immediately referred to the attention of a sworn manager of the respective employing agency of that HCDTF member. The HCDTF Task Force Commander will have responsibility for providing a recommendation to the Executive Board in closed session for the removal of any HCDTF member regarding their performance or conduct.

V. TASK FORCE COMMANDER
A lieutenant from the HCSO shall be responsible for managing the HCDTF. The Task Force Sergeant will provide the Executive Board with monthly and annual reports of HCDTF activities. Any personnel assigned to the HCDTF shall adhere to the published policies and procedures of the HCDTF. The Executive Board will be provided an opportunity to provide comments at the time the Sheriff’s Office prepares an employee evaluation for the Task Force Commander and Task Force Sergeant. In the event the Executive Board is dissatisfied with the performance of the individual assigned as the Task Force Commander or the individual assigned as the Task Force Sergeant, the Sheriff will confer with the Executive Board to resolve performance issues.

VI. COMPENSATION
Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations.

VII. BUDGET AND FUND MAINTENANCE
The HCSO will prepare a proposed budget each year (date to be determined by the Executive Board) for the ensuing fiscal/calendar year for approval by the Executive Board. A quarterly report of expenditures shall accompany the statistics report submitted to the Executive Board as outlined in the Policy and Procedure Manual.

All DTF funds shall be maintained in the Humboldt County Treasury and reflected in the HCSO annual budget. The DTF Budget and funds are subject to the review and oversight of the Humboldt County Board of Supervisors, Humboldt County Treasurer/Tax Collector, and Humboldt County Auditor, subject to the provisions herein. Except as otherwise provided herein, all DTF expenditures shall be made pursuant to the County of Humboldt Purchasing Policy.

VIII. TRAINING
Training is handled by participating agencies according to their individual budgets. A yearly training plan for all HCDTF personnel, sworn and non-sworn, shall be prepared upon their assignment to the HCDTF. Additionally, HCDTF will prepare an annual training plan as part of the yearly budget submittal to be paid for by the HCDTF (the “HCDTF Training Budget”). Participating Agency staff assigned to HCDTF shall be considered “Authorized Personnel” and be reimbursed for travel expenses related to the HCDTF Training Budget in accordance with the County of Humboldt Expense and Reimbursement Policy.

IX. ANNUAL REPORT
The Task Force Sergeant will provide the HCDTF Executive Board with an annual report of activity no later than March 15th of each year. This report will summarize the preceding calendar year’s operation and shall include a section for statistical data broken down in a similar fashion to that of the monthly reports. The report shall contain sufficient information regarding controlled substance abuse and trafficking trends to enable the Executive Board to reassess Task Force goals and objectives.

X. RESOURCES
Each of the below-listed agencies have agreed, by virtue of the duly authorized signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the HCDTF in each year of this agreement.

Sheriff’s Office: One Lieutenant, one Sergeant, one sheriff’s deputy, three undercover vehicles, standard
complement of investigative and safety
equipment. Miscellaneous administrative
support.

Arcata Police Department: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

Eureka Police Department: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

Fortuna Police Department One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

District Attorney’s Office: One investigator, one undercover vehicle, standard complement of investigative and
safety equipment. One Crime Analyst and
miscellaneous legal support.

California Highway Patrol: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

XII. FACILITIES, EQUIPMENT & PROPERTY
If the number of law enforcement personnel from participating agencies drops permanently below four, HCSO may terminate the MOU. In such cases, any balance of the facilities lease agreement (or any contractual agreements) will be paid with asset forfeiture funds prior to distribution.

Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with HCDTF funds shall be distributed per the asset forfeiture agreement outlined in Attachment A.

All equipment purchased with HCDTF or seized funds which are damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the HCDTF shall be repaired or replaced by the agency of the responsible employee at the determination of the HCDTF Commander.

HCDTF will only be responsible for financial obligations incurred by HCDTF participating agencies during the term of this MOU and prior to the date of withdrawal of any participating agency.

Payment of facility expenses shall be as follows:

1. Lease of office space: Paid by HCDTF budget.

2. Monthly communications and high-speed internet equipment, local and longdistance charges: Paid by HCDTF budget.

3. Utilities: Paid by HCDTF budget.

4. Alarm equipment including maintenance and monitoring: Paid by HCDTF budget.

5. CLETS/local agency access computer: Paid by HCDTF budget.

6. Evidence storage and alarm security: Paid by HCDTF budget.

7. Janitorial services: Paid by HCDTF budget.

XI. ASSET FORFEITURE
Based on the attached Asset Forfeiture Agreement (Attachment A), proceeds derived from asset forfeiture, under state or federal law, initiated in the course of investigations conducted by the HCDTF, will be shared equitably among member agencies in accordance with the equitable sharing formula in Attachment A. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the HCDTF Executive Board.

California Highway Patrol (CHP) initiated drug arrests by non-Task Force personnel resulting in the confiscation of more than personal use quantities of controlled substances and/or illegal drugrelated assets will be turned over to the HCDTF for follow-up investigation. When the HCDTF is notified of drug investigations which meet the above criteria, it is the expectation of the CHP that the HCDTF will accomplish the following:

1. Either telephonically decline to respond or arrive at the scene or local CHP area office within the jurisdiction of the signatory agency within one (1) hour of notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP.

2. If accepted, the HCDTF shall conduct a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings, pursuant to Health and Safety Code sections 11470 et al. A copy of the investigation report is to be provided to the CHP, attention Asset Forfeiture Coordinator.

3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing area and/or division resources and will be entitled to the full law enforcement share, pursuant to Health and Safety Code section 11489(b)(2)(A).

4. Refer non-qualifying State cases to the appropriate federal agency for evaluation and possible adoption.

XII. ADMINISTRATION AND AUDIT
In no event shall the members of the agencies charge any indirect costs to HCSO for administration or implementation of this agreement during the term thereof. Any and all records pertaining to HCDTF expenditures shall be readily available for examination and audit by HCSO or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of three (3) years after termination of the agreement, whichever is sooner.

XIII. INSPECTION PROCESS
At change of HCDTF Commander, an audit of the controlled substance evidence, undercover funds, weapons, and specialized equipment shall be performed.

XIV. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U. S. Department of Justice (CFR Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities.

XV. RESPECTIVE RESPONSIBILITIES; INDEMNIFICATION
Each participating agency of the HCDTF shall be responsible for the acts of its participating officer(s) and shall incur any liability arising out of the services and activities of those officers while participating in the HCDTF. Personnel assigned to the HCDTF shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed on the participating agencies pursuant to Government Code section 895.6, the participating agency shall not be shared pro rata but instead, pursuant to Government Code 895.4, each participating agency agrees to indemnify, defend and hold the other participating agencies (including its officials, officers, employees, contractors and agents) free and harmless from and against any and all losses arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character, whether actual or alleged or threatened, including attorney’s fees and costs, in connection with or arising directly or indirectly out of the performance, conduct, acts or omissions of its participating officer(s).

XVI. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the Task Force shall abide by the applicable policies and procedures as expressed in the HCDTF manual, which is specific in content to the needs, objectives and goals of the HCDTF. In instances where California Highway Patrol (CHP) policies differ from the Task Force policy, the California Highway Patrol Policy shall be adhered to by California Highway Patrol personnel assigned to the Task Force. CHP personnel assigned to the Humboldt County Drug Task Force shall be deemed to be continuing under the employment of the CHP and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred as a CHP officer. All terms and conditions of the employee’s labor contract shall be in effect, and shall be abided by, even though the employee is assigned to the Humboldt County Drug Task Force.

The following procedure regarding traffic collisions shall be adhered to in the event that a California Highway Patrol personnel assigned to the Task Force find themselves in an accident involving the operation of a county or other police department vehicle:

1. The Task Force Commander will notify the CHP, as soon as practical, of any Citizen’s Complaints or potential Adverse Action Investigations. The Task Force Commander will meet and confer to determine responsibility for the investigation. If necessary, the investigation will be jointly conducted with the CHP and appropriate Task Force management.

2. The Task Force Commander will notify the CHP, as soon as practical, of any injury or vehicle collision involving CHP personnel assigned to the Task Force. The Task Force Commander will ensure initial treatment/care is provided to CHP personnel assigned to the Task Force. A CHP sergeant will complete all associated reports for any work-related injuries. The Task Force Commander will meet and confer to determine responsibility for the investigation. If necessary, the investigation will be jointly conducted with the CHP and appropriate Task Force management.

3. In the event of a vehicle collision where a CHP employee assigned to the Task Force is driving, the CHP shall respond and document the collision.

XVII. TERM AND TERMINATION
The term of this MOU will begin on June 30, 2022 and remain in effect until June 30, 2027.

A participating agency may withdraw from this MOU by providing notice in writing to the HCDTF Executive Board Chairperson and the Sheriff at least thirty (30) days in advance of withdrawal.

Should the number of law enforcement personnel from participating agencies drop below four, HCSO may terminate the MOU. HCSO may also terminate this MOU without cause by providing written notice to the member agencies at least thirty (30) days prior to termination.

If any changes occur (i.e. withdrawal of a participating agency and/or addition of new participating agency, etc.), a new MOU must be circulated within 30 calendar days of the effective date of the change.

XIX. ENTERING CONFINED SPACES
California Highway Patrol employees, including those assigned to a drug task force, shall not enter confined spaces (as described in Title 8, Section 5156 General Industry Safety Orders) unless a task force supervisor trains, equips, and operates task force pursuant to Title 8 Section 5157 et seq.

XX. AUTHORITY TO EXECUTE
Each person executing this MOU represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOU. Each party represents and warrants to the other that the execution and delivery of this MOU and the performance of such party’s obligations hereunder have been duly authorized. The MOU may be executed in counterparts, each of which shall be deemed to be an original but all of which taken together shall constitute one and same agreement.

IN WITNESS WHEREOF, the parties have entered into this MOU, ARCATA POLICE DEPARTMENT:

By: _______________________________________ Date: _______________________

BRIAN AHEARN,
Chief of Police
EUREKA POLICE DEPARTMENT:

By: _______________________________________ Date: _______________________

TODD JARVIS,
Chief of Police
FORTUNA POLICE DEPARTMENT:

By: _______________________________________ Date: _______________________

CASEY DAY,
Chief of Police
CALIFORNIA HIGHWAY PATROL, HUMBOLDT AREA:

By: _______________________________________ Date: _______________________

SHAWN MORRIS,
Captain, CHP Commander
HUMBOLDT COUNTY DISTRICT ATTORNEY’S OFFICE:

By: _______________________________________ Date: _______________________

MAGGIE FLEMING,
District Attorney
HUMBOLDT COUNTY SHERIFF’S OFFICE:

By: _______________________________________ Date: _______________________

WILLIAM HONSAL,
Sheriff
Plus: Total balance of HCDTF Trust Fund 3644 and 3645 as of last day of the month prior to HCDTF meeting where the disbursement will be voted on.

The Trust Fund Balances will reflect all expenses and revenue to date.

Less: 15% Prevention Program Contributions if they haven't already been journaled to a separate trust.

Less: Encumbrance for Annual Lease Payments that haven't been paid as of the date of calculation.

Less: County Overhead Budgeted Expenses that haven't posted as of the date of calculation.

Less: HCSO Property/Evidence Expenses that haven't posted as of the date of calculation.

Less: 2 Years of Operating Expenses. This is set at $200,000/year for a total of $400,000 as of 7/1/2022. This operating expense cushion may be adjusted by the HCDTF Executive Board once per fiscal year by a passing motion as recorded in the HCDTF minutes.

Equals: Total Trust Fund Balance Available to Distribute.

ATTACHMENT A

ASSET FORFIETURE SHARING AGREEMENT
Disbursements may be done once per fiscal year (July 1st to June 30th), HCDTF Executive Board may decide which month of each fiscal year to make a disbursement.

An agency is eligible for their share of the disbursement as long as the agency has been participating in the HCDTF 80% of the previous twelve-month period prior to the disbursement being approved by the HDTF Executive Board. (Notwithstanding the normal employee benefit time) and the agency must be represented on the HCDTF Executive Board.

The available amount to distribute shall be calculated as follows:

EQUITABLE SHARING FORMULA
The total trust fund balance available to distribute shall be allocated per the equitable sharing formula below and in accordance with all the terms of this MOU.

1. Humboldt County Sheriff’s Office Three shares

2. Humboldt County District Attorney’s Office Two shares

3. Eureka Police Department One share

4. Arcata Police Department One share

5. Fortuna Police Department One share

6. California Highway Patrol:

The CHP will receive no shares from asset forfeiture proceeds derived from HCDTF investigations. Twenty-five percent (25%) of all assets seized from routine CHP patrol stops will be channeled directly to the California Highway Patrol through the District Attorney’s Office.

Business Agenda Item 5a

STAFF REPORT
City Council Business Agenda Item
DATE: May 2, 2022
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police; and Ryan Plotz, City Attorney THROUGH: Merritt Perry, City Manager
SUBJECT: Military Equipment Use Policy
STAFF RECOMMENDATION:

Staff recommends that the Council hold a public hearing and conduct a second reading and adopt Ordinance No. 2022-753.

EXECUTIVE SUMMARY:

On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (“AB 481”), which among other things, adds Chapter 12.8 to Division 7 of Title 1 to the California Government Code providing certain requirements for the funding, acquisition, and use of military equipment, as that term is defined in AB 481, by the Fortuna Police Department.

Principally, AB 481 requires the City to adopt a written policy governing the use and acquisition of military equipment (defined below). The policy must address each of the following items:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

Business Agenda Item 5a

(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

AB 481 outlines a multi-step process for the Council to formally adopt a military equipment use policy. The principle steps (and anticipated completion dates) are as follows:
(1) Submit a proposed Military Equipment Use Policy to the City Council – March 7, 2022, Regular Meeting.
a. COMPLETED on March 7, 2022, via Resolution No. 2022-07. (2) Following submission of Policy to the City Council, the proposed Policy must be made publicly available on the City’s website for a 30-day period – March 8, 2022, to April 15, 2022.
a. COMPLETED
(3) Introduction and first reading of Ordinance approving Policy at a public hearing/regular meeting – April 18, 2022.
(4) Second reading and adoption of Ordinance approving Policy at continued public hearing/regular – May 2, 2022.

The purpose of this Agenda Item is to complete step “3”, above. Notice of this public hearing was published in the manner required by law.

DISCUSSION:

Assembly Bill 481 requires local law enforcement agencies to obtain approval of their respective governing body (here, the City Council), by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to the Ralph M. Brown Act, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. “Military equipment” is defined to mean:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that Business Agenda Item 5a

have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

In order for the Fortuna Police Department to continue the use of any military equipment that was acquired prior to January 1, 2022, the City Council must begin the approval process (explained above) no later than May 1, 2022. Thereafter, the required policy must be adopted and in place prior to engaging in the following activities:

Business Agenda Item 5a

(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by AB 481.

The military equipment use policy must be a publicly released, written document governing the use of military equipment by the Police Department that addresses, at a at a minimum the items described in the Executive Summary, above. The proposed Policy addresses each of the requirements.

The City Council must make certain determinations before it approves a military equipment use policy per Government Code 7071(d)(1). Those findings are as follows: (i) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (ii) the proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; (iii) if purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; (iv) prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Staff recommends that Council find that each of the above determinations are met with respect to the military equipment use policy.

Following adoption of the initial Policy, the Council will annually review a report submitted by the Police Chief that contains:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.

Business Agenda Item 5a

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Additionally, Fortuna Police Department must also, within 30 days of submitting and publicly releasing an annual military equipment report, hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDED COUNCIL ACTION:

1. Open the Public Hearing

2. Receive staff presentation and review Council questions with staff

3. Open Public Comment

4. Close Public Comment

5. Motion to conduct second reading and adopt Ordinance 2022-753, by title only. Roll Call vote.

ATTACHMENTS:
 Ordinance No. 2022-753, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 2 – Administration And Personnel Of The Fortuna Municipal Code By Adding Section 2.10.150 – Military Equipment, Approving A Military Use Policy, And Determining The Ordinance To Be Exempt From CEQA
ORDINANCE NO. 2022-753

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA, CALIFORNIA AMENDING TITLE 2 – ADMINISTRATION AND PERSONNEL OF THE FORTUNA MUNICIPAL CODE BY ADDING SECTION 2.10.150 – MILITARY

EQUIPMENT, APPROVING A MILITARY USE POLICY, AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Fortuna, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Assembly Bill 481 (“AB 481”), which among other things, adds Chapter 12.8 to Division 7 of Title 1 to the California Government Code providing certain requirements for the funding, acquisition, and use of military equipment, as defined, by local law enforcement agencies; and WHEREAS, AB 481 requires that the City Council adopt, by ordinance, a military equipment policy that complies with the requirements of AB 481 and to make said policy publicly available; and
WHEREAS, the City Council intends, by this Ordinance, to implement the requirements of AB 481; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred, including that the military equipment policy was submitted to the City Council by the Chief of Policy and was made publicly available on the Fortuna Police Department’s internet website at least 30 days prior to the public meeting at which this Ordinance was introduced.

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

SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council finds, pursuant to the California Environment Quality Act (CEQA), Guidelines section 15378, that this Ordinance is not a Project as defined by CEQA.

Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, adoption of this Ordinance is statutorily exempt from CEQA because it implements these new laws enacted by SB 9. The City Council hereby directs staff to prepare, execute, and file with the Humboldt County Clerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTION 3. Fortuna Municipal Code Amendment. Section 2.10.150 – Military Equipment is hereby added to Chapter 2.10 – City Departments of Title 2 – Administration of the Fortuna Municipal Code as set forth in Exhibit “A,” attached hereto and incorporated herein by reference.

Without modifying the substance, following approval of this Ordinance, the City Clerk shall, if necessary, cause the Municipal Code amendment adopted by this Ordinance to be consistent in form and style with Title 2 of the Municipal Code.

SECTION 4. Approval and Adoption of Military Use Policy.

1. Approval and Adoption. The Military Equipment Use Policy set forth in Exhibit “B” to this Ordinance is hereby approved and adopted as the Military Equipment Use Policy of the City of Fortuna.

2. Determinations. In accordance with section 7071(d) of the Government Code, the City Council makes the following determinations concerning the Military Equipment Use Policy:
i. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. ii. The Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
iii. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
iv. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

3. Procedural Requirements Met. The City Council finds that all prerequisites to approving the Military Equipment Use Policy have been met, including:
i. The Military Equipment Use Policy was submitted to the City Council as a proposed policy on March 7, 2022, via Resolution 2022-07; ii. The Military Equipment Use Policy was made publicly available on the Fortuna Police Department website for a consecutive thirty (30) day period prior to introduction of this Ordinance at a public hearing; iii. Notice of the public hearing at which this Ordinance was introduced was published in the manner required by law at least ten (10) days before the public hearing and the public hearing was continued to the date at which this Ordinance was adopted;
iv. This Ordinance was introduced and adopted at regular meetings of the City Council, each held in accordance with the Ralph M. Brown Act.

SECTION 5. Effective Date. This Ordinance shall become effective on the 31st day after its adoption by the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 18th day of April 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Sue Long, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 2nd day of May, 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Sue Long, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Exhibit “A”
Title 2

ADMINISTRATION AND PERSONNEL
Chapter 2.10

CITY DEPARTMENTS
Section 2.10.150
A. Short Title. This Ordinance shall be known as the Military Equipment Use Ordinance.

B. Definitions.
“City” means any department, agency, bureau, and/or subordinate division of the City of Fortuna.
“City Council” means the City Council of the City of Fortuna. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur. “Military Equipment” shall have the same meaning as set forth in Government Code section 7070(c) as follows:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
“Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
“Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Fortuna Police Department.
"State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
"Type" means each item that shares the same manufacturer model number.

C. Military Equipment Use Policy Requirement.

1. The Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
i. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
ii. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. iii. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
iv. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Fortuna.
v. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
vi. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment. vii. Acquiring Military Equipment through any means not provided by this section.

2. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

3. In seeking the approval of City Council, the Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

3. The governing body shall only approve a Military Equipment Use Policy pursuant to this section if it determines all of the following:
v. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
vi. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
vii. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
viii. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

4. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

5. The City Council shall review any ordinance that it has adopted pursuant to this Section approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

D. Use in Exigent Circumstances.

1. Notwithstanding the provisions of this Section, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

2. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
i. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
ii. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
iii. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

E. Reports on the Use of Military Equipment.

1. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

2. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

3. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
i. A summary of how the Military Equipment was used and the purpose of its use.
ii. A summary of any complaints or concerns received concerning the Military Equipment.
iii. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. iv. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
v. The quantity possessed for each type of Military Equipment. vi. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

4. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

5. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

Exhibit B

THE EXHIBIT FOLLOWS THIS COVER PAGE
Business Agenda Item 5b

STAFF REPORT
City Council Business Agenda Item

DATE: May 2, 2022
TO: Honorable Mayor and Councilmembers
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing to Consider Amendments to the General Plan Land Use Map from Residential Low (RL) to Residential Medium (R-M), and the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M); Location: 809 12th Street and 806 13th Street; APNs: 040-043-021 and 040-043-016; Applicant: Tyler Franklin; Ordinance 2022-754 STAFF RECOMMENDATION:

Staff recommends that the City Council amend the General Plan Land Use Map from Residential Low (RL) to Residential Medium (R-M) and the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M) by adopting Resolution 2022-13 and Ordinance2022-754.

EXECUTIVE SUMMARY:

The applicant has submitted a request to rezone 806 13th Street from Residential Single Family (R1-6) to Residential Multifamily (R-M) in order to convert the existing residence to a 4-plex. City staff recommends also including in the rezone the neighboring parcel to the west (809 12th Street), as it is an existing non-conforming 4-plex. Both parcels are located on the north side of N Street (between 12th and 13th streets), adjoining the City’s Downtown district. Approval of a rezone would also require a General Plan map amendment from Residential Low (RL) to Residential Medium (RM) in order to maintain general plan consistency.

The area under consideration consists of two parcels, summarized as follows:

Assessor Parcel No.: 040-043-021 040-043-016
Address: 809 12th Street 806 13th Street
Parcel Size: 6,600 square feet 6,600 square feet
Existing General Plan: Residential Low (RL) Residential Low (RL) Proposed General Plan: Residential Multifamily (R-M) Residential Multifamily (R-M) Existing Zoning: Residential Single Family (R-1-6) Residential Single Family (R-1-6) Proposed Zoning: Residential Medium (R-M) Residential Medium (R-M) Business Agenda Item 5b

Existing Land Use: Four units One unit
Proposed Land Use: No change Four units
Proposed Project
The proposed map amendments would change the principal land use activity from single-family residential to multifamily. The residence at 809 12th Street contains four living units, which are allowed as a legal nonconforming use (FMC 17.06.130). The residence at 806 13th Street has operated as a group care home in the past, and has most recently been used as a single-family residence, a principally permitted activity. The applicant/property owner is requesting a rezone to allow the two-story building at 806 13th Street to be remodeled to allow four living units, including two 2-bedroom units and two 3-bedroom units (see attached floor plans). After the rezone, the multifamily units would be a principally permitted activity, with no special permit required except for design review approval for any proposed exterior changes.

Location
Zoning to the north is Residential Single Family (R-1-6) and Retail Commercial (R-C) to the south.

Surrounding activities consist of residential single-family activities to the north of N Street, single family to the east, commercial/office to the west, and mixed use commercial and residential activities to the south in the Downtown Retail Commercial (R-C) zone.

Neighborhood Compatibility
Each parcel is developed with a two-story Craftsman-style structure that complements the period architecture of the Downtown area (see attached street view images). This housing style has the appearance of a medium-sized single-unit house, and is compatible in scale with the single-family zone to the north, creating a seamless transition between the Downtown commercial activities and the single-family neighborhood. These are ideal for conversion to four-plexes as proposed, with simple conversion to two units on the ground floor and two above, with shared or individual entries from the street. They also fill the demand for affordable housing in walkable neighborhoods with dining and shopping amenities, as well as other commercial services and transit options, are responsive to changing demographics, and offer affordable housing to low to moderate income individuals and small families.

Because these lots were built in the early 20th century pre-automobile style, there is reduced opportunities for on-site provision of parking. At this location, there is the ample street frontage along three streets (N, 12th and 13th streets). These 4-plexes would typically not have more than a total of eight cars (two per unit). Each site would have three to four on-site parking spaces accessed by the alley, and street parking will provide up to seven spaces for each building, for a total of 11 spaces per 4-plex building. In addition, households with fewer cars (such as single or retired renters and those with smaller households) are typically attracted to this type of walkable housing style adjacent to the Downtown area where they can enjoy the nearby urban amenities.

PLANNING COMMISSION RECOMMENDATION
On April 12, 2022, the Planning Commission considered the proposed General Plan and Zoning Map amendments, and voted (4-1) to recommend that the Council adopt the amendments, with Commissioner Mobley dissenting due to parking concerns. There were no members of the public in attendance at the hearing, and no public comments were submitted.

Business Agenda Item 5b

ENVIRONMENTAL:

The project is exempt from the provisions of the California Environmental Quality Act under a Class 32 exemption (CEQA Sec. 15332) for In-Fill development projects, and a Common Sense Exemption pursuant to 15061(b)(3) which applies to projects where it can be seen with certainty that there is no chance of a significant environmental impact.

FISCAL IMPACT:

The General Plan and zoning amendments will not result in any cost to the City.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review questions with staff.

2. Open public comment.

3. Close public comment.

4. Motion to:
1) Amend the General Plan Land Use Map from Residential Low (RL) to Residential Medium (RM) by adopting Resolution 2022-13, read by title only; Roll call vote; and 2) Amend the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M) by holding the first reading of Ordinance 2022-754, read by title only and continue the Public Hearing to Monday, May 16, 2022 for the second reading. Roll call vote.

ATTACHMENTS:
 Assessor Parcel Map
 Project Location Map
 Zoning & General Plan Map Amendments Map
 806 13th Street First Floor Plan
 806 13th Street Second Floor Plan
 Street View
 Resolution 2022-13, A Resolution of the Fortuna City Council Amending the General Plan Land Use Map from Residential Low (RL) to Residential Medium (R-M) o Exhibit 1—Area to be Rezoned
 Ordinance 2022-754, An Ordinance of the City Council of the City of Fortuna Amending the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M)
o Exhibit 1—General Plan Amendment
Business Agenda Item 5b

RESOLUTION NO. 2022-13

A RESOLUTION OF THE FORTUNA CITY COUNCIL AMENDING THE

GENERAL PLAN LAND USE MAP FROM RESIDENTIAL LOW (RL) TO

RESIDENTIAL MEDIUM (R-M)
WHEREAS, an application has been submitted by Tyler Franklin to rezone 806 13th Street (APN 040-043-021) to Residential Multifamily to allow conversion of the single family residence to a multifamily four-plex and amend the General Plan from Residential Low to Residential Medium; and
WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and
WHEREAS, multifamily projects of this type adjacent to the Downtown area offer lower cost housing to meet the needs of the existing and future residents while maintaining compatibility with the existing single-family neighborhoods; and
WHEREAS, the City Council of the City of Fortuna has the authority to approve and amend the land use designations of parcels from one General Plan designation to another in order to address unforeseen circumstances and changing priorities; and
WHEREAS, the Fortuna General Plan 2030 Housing Element includes policies and programs to support and create affordable housing, a diverse range of housing types and provisions for updated accessory dwelling unit zoning standards, including the following:

H-1.1 Continue to encourage the development and provision of a variety of housing choices, including residential types, tenancies, sizes, locations, and prices, for all economic groups.

WHEREAS, amending the Fortuna General Plan Land Use Map from Residential Low Density (RL) to Residential Medium (RM) will be in the public interest and will not be detrimental to the public health, safety, or general welfare pursuant because it will fill the demand for affordable housing in walkable neighborhoods with nearby dining, shopping, commercial, and transit services, are responsive to changing demographics, and will not result in a significant change in development patterns of the neighborhood, and there will be negligible increase in traffic, noise, or other activities that would otherwise create hazards or nuisances, and

1. The land use designations of Residential Low and Central Business District have similar types of allowable residential activities that would result in a similar rate of vehicle trips. The proposed amendment will not result in a significant change in activities, and therefore the change itself will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

2. Adjoining uses are a mix of residential and commercial in nature, and include retail and office uses on surrounding sides. The proposed use is compatible with the surrounding area. The existing building has historically been used for residential Business Agenda Item 5b

activities, including a group care home, and a single-family residence. The proposed multifamily use will result in traffic volumes or noise levels similar to the existing or previous residential uses.

3. The parcel is located on N Street, designated in the General Plan as a Collector street, suitable for directing traffic from neighboring residential uses and commercial uses on N Street. The facility will generate a level of traffic that is not expected to impair the existing public roadway, affect roadway design, or increase the Level of Service (LOS) above LOS C, considered acceptable by the General Plan.

4. The site is suitable for residential multifamily uses as it is developed with over-sized residential buildings that are ample for multifamily developments, and with sufficient on-site and street parking to serve the uses and avoid impacts to the local circulation system.

WHEREAS, amending the Fortuna General Plan Land Use Map from Residential Low to Residential Medium is consistent with the General Plan, will not create any internal General Plan inconsistencies or otherwise cause the General Plan to be deficient, and supports the following General Plan goals and policies:

The General Plan designation is described in the General Plan as Residential Medium (RM)—“This designation provides for single-family detached and attached homes, secondary residential units, townhomes, condominiums, public and quasi-public uses, limited neighborhood-serving commercial uses, and similar and compatible uses.

LU-1.1 Historic Heritage. The City shall strive to preserve Fortuna’s traditional small town qualities and historic heritage, while expanding its residential, retail, and employment base.

LU-4.1 Residential Growth. The City shall support residential development at a manageable pace to achieve the City’s fair share of regional housing needs and provide for orderly extension of infrastructure and public services.

LU-4.2 Range of Residential Densities. The City shall promote new residential development in a range of residential densities that reflects the positive qualities of Fortuna.

LU-4.3 Multi-Family Housing. The City shall encourage multi-family housing to be located throughout the community, but especially within or near major transportation corridors, Downtown, major commercial areas, neighborhood commercial centers, and employment centers.

LU-11.5 Housing. The City shall actively pursue the creation of significant new housing opportunities within and immediately adjacent to Downtown.

LU-11.4 Nighttime Activities. The City shall strive to create more nighttime pedestrian activity in Downtown.

LU-11.7 Pedestrian Environment. The City shall create a distinctive and active pedestrian environment that supports Downtown as a unique destination.

Business Agenda Item 5b

LU-1.6 Infill Development. The City shall encourage infill development on vacant sites and reuse of underutilized parcels to minimize outward growth and reduce the cost of providing public services and facilities.

WHEREAS, the City has added 809 12th Street (APN 040-043-021) to the proposed general plan and zoning amendments, determining that it meets and fulfills the aforementioned health and safety findings and general plan policies and programs; and WHEREAS, the project is exempt from the California Environmental Quality Act because it meets the provisions of a Class 32 exemption (CEQA Sec. 15332) for in-fill development projects, and a Common Sense Exemption (CEQA 15061(b)(3)), pursuant to the criteria listed in these code sections; and
15332. In-Fill Development Projects: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. 15061(b)(3). CEQA Common Sense Exemption: The activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

WHEREAS, the Planning Commission has considered the General Plan amendments at a duly noticed public hearing on April 12, 2022, and after considering the staff report, discussion, and public comment, voted (4-1) to recommend that the City Council amend the General Plan map; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna that the General Plan Land Use Map is exempt from the California Environmental Quality Act, and is hereby amended from Residential Low (RL) to Residential Medium (R-M) as shown in Exhibit 1.

PASSED AND ADOPTED on this 2nd day of May 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sue Long, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Business Agenda Item 5b

ORDINANCE 2022-754

AN ORDINANCE OF THE FORTUNA CITY COUNCIL AMENDING THE
FORTUNA ZONING MAP FROM RESIDENTIAL SINGLE FAMILY (R-1-6) TO

RESIDENTIAL MULTIFAMILY (R-M)
WHEREAS, the City Council of the City of Fortuna has the authority to approve and amend the land use designations of parcels from one zoning designation to another in order to address unforeseen circumstances and changing priorities; and
WHEREAS, the proposed rezone will amend the parcels shown on Exhibit 1 from Residential Single Family (R-1-6) to Residential Multifamily (R-M); and
WHEREAS, the Zoning Map amendments are consistent with the Fortuna General Plan, pursuant to FMC 17.07.1, including the following General Plan policies:

LU-4.3 Multi-Family Housing. The City shall encourage multi-family housing to be located throughout the community, but especially within or near major transportation corridors, Downtown, major commercial areas, neighborhood commercial centers, and employment centers.

LU-11.5 Housing. The City shall actively pursue the creation of significant new housing opportunities within and immediately adjacent to Downtown.

LU-11.4 Nighttime Activities. The City shall strive to create more nighttime pedestrian activity in Downtown.

LU-11.7 Pedestrian Environment. The City shall create a distinctive and active pedestrian environment that supports Downtown as a unique destination.

LU-1.6 Infill Development. The City shall encourage infill development on vacant sites and reuse of underutilized parcels to minimize outward growth and reduce the cost of providing public services and facilities, and
WHEREAS, the City finds that the amendment supports the public health, safety, and general welfare pursuant to FMC 17.07.H.2, in that it results in affordable housing in an appropriate location adjacent to the Downtown Retail Commercial area to the south and a residential single family neighborhood to the north, and that fills the demand for affordable housing in walkable neighborhoods with dining and shopping amenities, and other commercial services and transit options, and is responsive to changing demographics; and
WHEREAS, the Planning Commission has considered the Zoning Map amendments at a duly noticed public hearing on April 12, 2022, and after considering the staff report, discussion, and public comment, and voted (4-1) to recommend that the City Council amend the Zoning Map; NOW, THEREFORE, The City Council of the City of Fortuna, State of California, does ordain as follows:

Business Agenda Item 5b

SECTION 1. Pursuant to Fortuna Municipal Code Section 17.07.200 Zoning Amendments, the City Council does hereby amend the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M) as set forth is Exhibit 1.

SECTION 2. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. Conflicts. All ordinances and parts of ordinances or resolutions, in conflict herewith, are hereby repealed to the extent of such conflicts and no further.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

INTRODUCED AND FIRST READING PERFORMED on this 2
nd day of May 2022 by the
following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Sue Long, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the day of _________, 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Sue Long, Mayor
___________________________
Siana L. Emmons, City Clerk
N
City of Fortuna
Proposed Zoning and General Plan Map Amendments
Assessor Parcel Map
City of Fortuna
Proposed Zoning and General Plan Map Amendments
Project Location Map
N
N
Rezone from R-1-6 to R-M and
General Plan Amendment from
Residential Low to Medium
City of Fortuna
Proposed Zoning & General Plan
Map Amendments
Main Street 12th Street
N Street
N
13th Street
City of Fortuna
Proposed Zoning and General Plan Map Amendments
806 13th Street First Floor Plan
N
City of Fortuna
Proposed Zoning and General Plan Map Amendments
Assessor Parcel Map
N
City of Fortuna
Proposed Zoning and General Plan Map Amendments
Street View
809 12th Street
806 13th Street

AREA TO BE AMENDED FROM

RESIDENTIAL LOW TO

RESIDENTIAL MEDIUM
City of Fortuna
Proposed General Plan Amendment
Residential Low (RL) to Residential Medium (RM)
N Street
12th Street
13 th Street
Exhibit 1 to General Plan Amendment Resolution
809 12th Street
040-043-021
806 13th Street
040-043-016
Main Street

AREA TO BE REZONED FROM
R-1-6 TO R-M
City of Fortuna
Proposed Zoning Map Amendment
Residential Single Family (R-1-6) to Residential Multifamily (R-M) Main Street 12th Street
N Street
Exhibit 1 to Zoning Amendment Ordinance
809 12th Street
040-043-021 806 13th Street
040-043-016
R-1-6
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: May 2, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, May 16, 2022
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Monday, June 6, 2022
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, May 10, 2022
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, September 20, 2022
5:30 p.m.

Regular Measure E Meeting
Council Chambers at City Hall

4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, May 4, 2022
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Verbal Report