Fortuna City Council
May 16, 2022

DRAFT SPECIAL MEETING MINUTES
Fortuna City Council
Monday, May 2, 2022 at 4:30 P.M.
621 11th Street, Fortuna
_______________________________________________________________________________________ I. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Mayor Long called the meeting to order at 4:30 p.m., and led the flag salute.

Council Staff
Council Member Mike Johnson City Manager Merritt Perry
Council Member Mike Losey Deputy City Clerk, Buffy Gray Council Member Jeremy Stanfield
Mayor Pro Tem Tami Trent
Mayor Sue Long
II. ORAL COMMENTS FROM THE PUBLIC
There being no public comments, Mayor Long closed the public comment section.

III. DISCUSSION ITEMS
A. Mandatory Organic Waste Disposal Ordinance Review
City Manager Merritt Perry provided a staff report and presentation on a draft ordinance that would establish mandatory organic waste disposal reduction.

City Attorney Gary Bell was present via Zoom; he spoke on the draft ordinance and answered questions from Council and the public.

Recology representative Linda Wise was present to answer questions from the Council and the public in regards to Recology’s part in the organic waste disposal reduction.

PUBLIC COMMENT:

Neil Palmer, resident of Fortuna spoke about being a self-hauler and asked if there would be an exemption for self-haulers. He explained he currently does not pay for trash service. He also asked about garden compost bins.

Francis Rizza, resident of Fortuna asked how the City would enforce the requirements on self-haulers.

Jim Rizza, resident of Fortuna asked if multiple people could share one bin and mentioned sharing a bin may be good for the elderly community.

There being no additional public comments, Mayor Long closed this public comment section.

Council directed staff to finalize the draft ordinance and schedule the first reading for May 16, 2022.

VI. ADJOURN
Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn the meeting at 5:47 p.m. Motion carried 5/0.

Submitted by,
Buffy Gray, Deputy City Clerk
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
Minutes:

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

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

Mayor Long presented the Driver of the Year 2022 Recognition Certificate to Ricardo Arrendondo of Recology.
b. National Police Week Proclamation
Minutes:

Council Member Losey presented the National Police Week Proclamation to Lieutenant Matt Eberhardt.
c. 53rd Annual Municipal Clerks Week Proclamation
Minutes:

Mayor Long presented the Municipal Clerks Proclamation to Fortuna' s Deputy City Clerk Buffy Gray. Mayor Long also read an acceptance and appreciation letter from City Clerk Siana Emmons.
d. National Bike Month Proclamation
Minutes:

Council Member Stanfield presented the National Bike Month Proclamation to Fortuna Middle School students, Grace Olson, mason Cahill, and Chloe Doener.

Regular Meeting Agenda
Minutes
Monday, May 2, 2022 at 6:00 pm
Director of Parks & Recreation Cameron Mull spoke on the upcoming Bike Rodeo event that will be held on Saturday, May 14, 2022 at Newburg Park. e. "Go Slow Watch the Road" Proclamation
Minutes:

Mayor Long presented the Go Slow Watch the Road Proclamation to City Engineer Brendan Byrd on behalf of the Humboldt County Traffic Safety Task Force.
f. Kiwanis 80th Anniversary Proclamation
Minutes:

Council Member Johnson presented the Kiwanis Proclamation to the president of the Fortuna Kiwanis Club Ray Lovell.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

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

4. CONSENT CALENDAR
Minutes:

PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent pulled items c and e.

Item c, she asked if the field could be used if the girls fastpitch team wasn't using it? Director of Parks & Recreation Cameron Mull explained that when the field was not in use by the girls fastpitch team anyone else could use the field. Council Member Losey pointed out a typo in the MOU to be corrected. Mayor Long commented on the section in the MOU regarding food. Director of Parks & Recreation Cameron Mull explained they would like to see healthy alternatives. Item e, Mayor Pro Tem Trent explained that the Board of Supervisors approved the allocation of funds for the Drug Task Force Officer. Council Member Losey moved, Seconded by Council Member Johnson to approve Consent Calendar items a-e. Voice vote. AYES: Council Member Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
a. City Council Minutes – 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
Minutes:

STAFF REPORT: 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 Johnson moved, seconded by Council Member Losey to conduct the second reading and adopt Ordinance 2022-753, by title only. 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 Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0
b. First Reading: Zoning Map Amendment
Minutes:

STAFF REPORT: Deputy Director of Community Development Liz Shorey provided a staff report on amendments to the General Plan Land Use Map. PUBLIC COMMENTS: Walt Wilson, resident of Fortuna asked if it was originally a care home and if the zoning has changed. 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 amend the General Plan Land Use Map from Residential Low (RL) to Residential Medium (RM) by adopting Resolution 2022-13, A Resolution of the City Council of the City of Fortuna Amending the General Plan Land Use Map from Residential Low (RL) to Residential Medium (R-M). AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0
CITY COUNCIL ACTION: Council Member Stanfield moved, seconded by Council Member Losey to introduce and conduct first reading, by title only, of Ordinance No. 2022-754 and continue the public hearing to May 16, 2022. 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). AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0

6. CITY MANAGER’S REPORT
Minutes:

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 TO CLOSED SESSION
Minutes:

PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn to closed session at 6:57 p.m. MOTION CARRIED 5/0
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
Minutes:

REPORT OUT: Direction to staff for items a & b. CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn at 8:00 p.m. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Calendar Item 4b

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Administrative Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The Administration Department monthly report encompasses the following divisions:

CITY ATTORNEY
The City Attorney billing was 12.8 hours for the month of April 2022 for the Mitchell Law Firm, LLC. Project support for this month included agenda and staff report review, contract review, and various email and telephone calls.

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

City Council Meetings
Council Meeting Date Agenda Items
April 4, 2022 Regular Meeting 11
April 18, 2022 Regular Meeting 14
Totals 25
City Clerk’s Office Key Duties April
Public Records Act Requests 4
General Information Requests 25 – 30 per day, average
Ordinances 0
Resolutions 3
Minutes Prepared 3
Notary Services Provided 1
Claims for Damages Filed 1
Consent Calendar Item 4b

FPPC Filings: 0
Legal Publications 0
Notices Posted (Public Hearing, Agenda, Ordinance, etc.) 1 Clerk staff is participating in the City Clerk Association of California’s (CCAC’s) Educational Committee to aid in restructuring the CCAC’s educational offerings. The Committee is working in an advisory capacity to the CCAC Board with the goal of circulating a Request for Proposal’s to California Universities that may be interested in collaborating with CCAC to develop a new institute for Clerks working to achieve Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMC) designations.

The City Clerk’s office has been working on updating election information on the City’s website as well as providing information for potential candidates. The nomination period for those interested in running for a City Council seat will be open from July 18, 2022 at 8:00 a.m. through August 12, 2022 at 5:00 p.m. There will be three Council seats open for election in November.

Any members of the public who are interested in running for Council can obtain basic information on the City’s website or contact the Clerk’s Office directly at 707-725-7600 or email the City Clerk at [email protected].

TecHome Innovations and Burgess Electric began Council Chamber upgrades on May 6th. Once the upgrades are complete, the Chambers will have the technical ability to host fully interactive hybrid meetings, which will allow greater access to public meetings as well as improved monitors, displays and presentations for Council, public and staff.

RISK MANAGEMENT / HUMAN RESOURCES DIVISION
Risk Management
There were two new Worker’s Compensation claims and no new liability/tort claims filed as of April 1, 2022. Risk staff worked diligently with George Hills and our risk pool to effectively close two claims over the last month and currently the City has one open tort claim that is progress.

Date of Claim Type of Claim Status
03/03/2021 Civil Claim CLOSED
05/20/2021 Civil Claim CLOSED
03/10/2022 Civil Claim In progress
Human Resources
Human Resources Staff attended a training on April 28, 2022 hosted by Frasco, the company that provides the city’s pre-employment background checks. The training was “Turn the Great Resignation into the Great Retention” and focused on how to leverage human resources data and information to attract and retain employees.

Staff continues to post timely and accurate recruitments, has been successful in attracting qualified candidates and has filled many of the previous vacancies. For more information about employment with the City of Fortuna, visit the City’s website www.friendlyfortuna.com, send e-mail to the Deputy City Clerk at [email protected], or call 707-725-7600.

Consent Calendar Item 4b

Current Recruitments:

Parks & Recreation Department:

Park Maintenance Worker I Part-time: Scott Rexford started Monday, May 2, 2022.

Conference Center Worker Part-time: Nicole Kent started May 4, 2022.

Bus Driver I Part-time: Candidate is currently in background.

Recreation Leader Part-time: Continuous recruitment
Police Department:

Police Dispatcher Full-time: Open until filled.

Police Officer Full-time: Open until filled.

Community Services Officer – Field CSO Part-time: Candidate currently in background.

Police Officer Trainee Full-time: Bryce Sancho started on April 28, 2022. One candidate is currently in background.

Public Works:

Utility Worker II/III Full-time: Closes May 6, 2022.

City Engineer Full-time: Closes May 6, 2022
Treatment Plant Operator OIT/I & II Full-time: Matthew Engleman started April 25, 2022.

INFORMATION TECHNOLOGY DIVISION
City Website Statistics (www.friendlyfortuna.com)
We encourage all citizens who are interested in receiving updates from the City to go on to the Fortuna’s website and sign up for e-notifications! 2022 Election information will be coming to the City’s website soon!
Anyone who would like to receive public notices from Public Works, Community Development/Planning, the Police Department or Citywide Press Releases, please visit the website at https://www.friendlyfortuna.com/enotify/index.php and sign up for e-notifications.

Computer/Network
IT staff worked in collaboration with Nylex to identify and dispose of a number or obsolete or damaged hardware to create more space and organization in the main City server room. Our department would like to give a big thanks to Rick Kern, Brett Wheeler and Tim Munsell, of the General Services Department for assisting with the disposal of all the e-waste, which can be time consuming and cumbersome.

Consent Calendar Item 4b

Computer/Network
Nylex spent a total of 40.5 hours for the month of March working on various issues throughout the City network. April’s hours will be on the June staff report. Nylex continues to maintain City networks, servers, hardware and software. The average time Nylex spends working for the City of Fortuna is 30 to 40 hours a month.

RECOMMENDED COUNCIL ACTION:

Receive Administration Division Monthly Report. Consent Agenda vote.

Consent Calendar Item 4c

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Community Development Department Monthly Report for April 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

SIGNIFICANT ACTIVITIES:
o The Building Department’s permit summary for April 2022 is attached. o Planning Commission activity in April includes:
o On 4/12/2022, approved a recommendation to the city council to amend the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M), and the General Plan Land Use Map from Residential Low (RL) to Residential Medium (R-M) o Review of the 2021 Housing Element Annual Progress Report o In-process long-range planning activities for Community Development include:
o SB2 Planning Grant to implement housing element programs, including ADU, multifamily, design review standards, GIS mapping, improvement standards, and infrastructure. ADU standards were adopted by the City Council on November 1, 2021. o Mill District Specific Plan for infrastructure, design standards, and land use planning is underway, funded by HCD’s LEAP grant and Headwaters grant. o Climate Action Plan--coordinating with other Humboldt County jurisdictions to create a plan that identifies baseline and reduction policies to reduce greenhouse gas emissions, and to streamline CEQA review of development review by tiering off the plan. o Planning Permits Under Review:
o Package Distribution Facility Conditional Use Permit; Location: 1470 Newburg Road; Applicant: 42 Eureka LP; Property Owner: Town of Scotia, LLC o Eel River Brewery Expansion Conditional Use Permit and Lot Line Adjustment; Location:
1777 Alamar Way; Applicant/Owner: Ted Vivatson
o Gulliksen Drive Lot Line Adjustment; Location: 202 Gulliksen Drive; Applicant/Owner: Lee and Joan Woodcock
o Ross Hill Road Merger; Location:1274 Ross Hill road; Applicant: LeRoy and Wanda Hoffman Consent Calendar Item 4c

o Power Tap Hydrogen Station Design Review; Location: 1791 Riverwalk Drive; Applicant:

Power Tap; Owner: Humboldt Petroleum
o Subdivision Activity:
o Adams Major Subdivision (6 multifamily lots/buildings; 36 units): Final map is under City review. Staff is working with applicant to complete steps to record the map (agreements, Council approval, fees, etc.).
o Twin Creeks Planned Unit Development (59 Lots/Units): Phase 1 Final Map has been recorded.
o Fitze Minor Subdivision 12th Street: Approved by Planning Commission; Applicant preparing parcel map for recordation.
o Campbell Minor Subdivision (4 lots and a remainder; Berry Creek and Second Ave):

Improvement plans approved.
o Mildbrandt Minor Subdivision (2 Lots) Mylar ready for signatures, City working with applicant on requirements for recording.

Consent Calendar Item 3

Consent Calendar Item 4d

STAFF REPORT
City Council Consent Agenda Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Finance Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Utility Billing – Past Due Collections:

Due to the Pandemic, the Finance Department had the difficult task of navigating a State issued moratorium placed on water utility providers that prevented service interruptions for delinquent customers. The moratorium lasted from October 2020 through January 2022 and made it virtually impossible for municipalities, such as the City of Fortuna, to have leverage collecting past due water and sewer payments from our customers.

In an effort to collect on past due payments I would like to acknowledge, Danielle, our Account Clerk III, who worked diligently each month to proactively make hundreds of calls, send countless emails, letters, and door hangers to customers in an ongoing effort to collect as much past due monies as possible. Our accounts receivable aging balances did increase during the moratorium as one would expect, however, while other cities in our county wrote off large unpaid balances, the City of Fortuna did not. As we continue to move towards normalcy, the Finance Department would like to share some important numbers as a representation of the hard work and dedication demonstrated by Finance staff over the past 18 months.

From January 2021 through April 2022, the City of Fortuna wrote off and sent to collections, a total of $15,046.68 which is an average of $940.42 per month or 0.17% of our average monthly total receivables. In addition, the aged receivables for accounts 60 days or more past due averaged $23,429.63 per month or 4.23% of the total aged receivables. The moratorium has expired and we reinstated service interruptions for non-paying customers. In March we had to suspend service for 39 customers or 0.85% of the total customers; all but one of these have had their service reinstated.

In April we only had to suspend service for 17 customers or 0.37% of the total customers; all but one of these services have been reinstated.

It is not lost on our team that so many of our citizens have had to overcome hurdles during the pandemic, we have had to work hard to balance compassion and empathy for customers with financial insecurities and the best interests of our citizen base as a whole. It is important to Consent Calendar Item 4d

acknowledge that the monthly customer contact is beneficial to our customers as well. When payments are not made regularly, this may cause high and unmanageable balances for customers; although not required it is our goal to give everyone a call or an email as a friendly reminder if they are in danger of service interruption. For the most part, we have been able to work with our customers to meet their needs as well as those of the city. I am confident that Danielle will continue to keep our numbers low and manageable moving forward, her extra efforts have made a huge difference.

American Rescue Plan Act (ARPA) Reporting:

As has previously been presented to the City Council, the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, provided the City with $2,932,614 to be used on specified COVID-19 related expenses. As part of the City’s eligibility to receive these funds the City is required to report project and expenditure reports to the Department of Treasury on an annual basis until funds have been expended.

The Department of Treasury released the project and expenditure report and associated reporting requirements on Friday, April 1. The requirement items include projects, obligations and expenditure data, and sub-award data, as well as certain required programmatic data. The City had until April 30 to complete and submit the report to the Department of the Treasure. Finance staff completed the submission of the report on April 22.

Measure E Update:

The Measure E committee met on April 20, 2022 at 5:30 pm. The primary purpose of this meeting was for the committee to approve a list of recommended projects to be funded by Measure E. The finalized list will be presented to the City Council at a special budget workshop on May 16 by the Measure E committee chair.

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

RECOMMENDED COUNCIL ACTION:

Receive Finance Department Monthly Report. Consent Agenda vote.

ATTACHMENTS:
 Finance Staff Activity Log for April 2022
City of Fortuna
Finance Department
Fiscal Year 2021/22
Finance Department November December January February March April Activity Log 2021 2021 2022 2022 2022 2022
Payroll Checks Issued: 190 264 204 189 187 319
Accounts Payable Checks Issued: 225 248 199 211 264 243 Number of Invoices Processed: 425 501 384 423 541 447
CDBG Loan Payments/Payoff 0 0 0 0 0 0
# Telephone Calls 1943 1574 1696 2167 2159 1593
Avg Daily 97 75 100 114 94 76
Daily Walk-in Customers
Utility 820 518 580 628 719 574
Bldg 58 38 46 84 53 60
Plan 32 19 29 42 33 30
Other 36 23 28 24 0 53
Total: 946 598 683 778 805 717
Average Daily Walk-in Customers 47 28 40 41 35 34
Monthly Bills 4577 4579 4583 4578 4569 4584
Reminder Notices 417 503 552 495 391 429
Shut Off Notices Mailed 249 309 331 253 245 251
Shut Offs 0 0 0 0 39 17
Ebills - Bills sent via email 359 361 385 391 374 380
Utility Bills paid online 1065 1101 1117 1088 1163 1131 % of Utility bills paid in person 18% 11% 13% 14% 16% 13% Public Works Calls Dispatched: 101 93 84 81 88 82
Avg Service Calls 88.2
Utility Billing Aging Report Total Bal Current 30 Days 60 Days 90 Days $ 553,961 $ 451,776 $ 82,591 $ 17,079 $ 2,516

81.6% 14.9% 3.1% 0.5%
82%
15% 3% 0%
Utility Accounts Aging
Current
30 Days
60 Days
90 Days
Consent Item 4e

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Cameron Mull, Director of Parks & Recreation
THROUGH: Merritt Perry, City Manager
SUBJECT: Parks & Recreation Monthly Report for April 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Director’s Report
 The City is working with local engineers and landscape architects for the planning & development of the new Rohner Park basketball courts (funded by Measure E) as well as the Newburg Park expansion of the newly acquired 8.4 acre parcel. The basketball courts project will include a fenced, 2-court area with brand new surfacing, striping, and backboard systems, with surrounding amenities. Plans for the Newburg Park expansion will include grading, drainage, sports field development, and other recreational amenities as funding becomes available.
 The regularly scheduled Rohner Community Recreation and Park District (RCRPD) monthly meeting was held on 4/6, which included further discussion of the Benefit Assessment process with a presentation by contracted consultants LACO & Associates, in which the mailed ballots may go to the parcel owners within the RCRPD boundary in 2022.

The RCRPD Board also approved an additional services contract with CounsilmanHunsaker, who performed a feasibility study for RCRPD in 2019, and will be providing further services to identifying reductions in construction and operation & maintenance costs of the future aquatic facility, in order to still provide a benefit to the public while requesting a lower annual tax, if passed.
 Planning is still underway for the first Kids Bike Rodeo on Saturday, May 14th at Newburg Park from 10am-1pm. Parks & Recreation will be partnering with multiple organizations to make the event a success. Additionally, the 2
nd Annual Pastels in the Park event will be
held on Saturday, June 11th from 10am-12pm. The event will again be sponsored by First 5 Humboldt with a donation of $1,000 to purchase 50 pastel kits and prize baskets for the most artistic plots. The 2022 plan is to increase participation (from 24 in 2021) and also potentially add live music, a kids art & play zone, and other mediums of art (i.e. plein air art).

Consent Item 4e

Parks & Facility Maintenance
 Toilet repairs were completed at the Monday Club with new gasket & flanges after leaking  The City Hall Conference Room received a floor stripping, cleaning, 2 coats of sealant, 5 coats of wax, and buffed to shine
 Extensive weed-pulling was completed at the River Lodge landscaped areas and parking lot
 New casters were installed on the piano at the River Lodge  The drinking fountain near the women’s bathroom at the River Lodge received repairs after being inoperable
 The Rodeo Grounds cook shack stove was cleaned and re-oiled  A water valve was replaced at the Newburg park restroom  The roller skates in the Fireman’s Pavilion received wheel cleanings  Multiple picnic tables in the Rohner Park picnic area received repairs (new lumber and paint) due to rot and damaged sections
 After the Depot Museum received 26 new/ replacement windows due to an earthquake, 3M tint film was installed to eliminate UV rays that could damage museum artifacts  All windows at the Depot Museum were cleaned on the interior and exterior  A dead tree was removed at the Rohner Park forest trail main entry  Graffiti removal was performed at the fish-viewing gazebo area  The Bike Park at Newburg Park received cold-patch/ pavement repairs to in areas of need, and weeding was performed in areas where plants were pushing up through the pavement  The drinking fountain at Newburg Park’s Hardball #1 field received repairs Depot Museum
No report is included for this month, but both April and May’s Depot Museum statistics will be included in the June 20th City Council meeting monthly report.

Fortuna Transit
Passengers on the Fortuna Transit Bus totaled 590 trips during the month of April 2022. The lift was used for non-wheelchair riders 86 times and 64 times for wheelchair trips. The Fortuna Transit had 8 new riders during the month of April. The Eureka medical trips on Tuesdays have been going well averaging around 3-5 riders.

April 2021 April 2022 YTD ~ July 2020 – June
2021
YTD ~ July 2021 – June
2022
# of passengers 755 590 7444 6545
Total Miles 2275 1779 22481 21100
Service Miles 2104 1611 20834 19199
Hours Worked 296.75 235 2608.75 2680.00
Service Hours
Worked 252.75 202.75 2220.25 2255.25
Consent Item 4e

Sports, Classes and Facility Rentals
Results Fit Camp continues holding classes in the Pavilion, the Rohner Rec Hall was used 12 times and the Rohner Park picnic area 3 times during the month of April. Adult recreation basketball league continued playing at Fortuna High School in both gyms Monday through Thursday evenings, with 18 total teams participating, and women ending on 4/4 and men ending on 4/19.

Skating Rink
The Fortuna Skating Rink operated Public Skate Friday & Saturday nights and most Sunday afternoons in April. The rink was closed Sunday April 17th to observe the Easter holiday and Sunday April 24th for a staff appreciation event. Friday April 15th the rink hosted an Easter Weekend Discount Skate Night that had a record 156 people in attendance. The second Adult Night also took place Saturday April 30th, and will continue as an ongoing event the last Saturday of every month. Over the course of the month, the skating rink hosted 21 private parties with 580 attendees, and in addition to the 1,095 skaters that attended public skate, hosted an overall total of 1,675 skaters in the month of April.

Recreation Programs
Drop-in volleyball on Sunday evenings continued throughout April. Attendance ranged from 12 to 15 players per night. Our drop-in basketball program restarted Thursday April 28th with 4 players after being on hold for the duration of our adult league, with numbers anticipated to rebound quickly to previous attendance levels.

The Recreation Department also spent April planning and implementing our Spring Break Camp that took place April 11th– 15th, for youth ages 5-12. We had 34 children registered, and we were able to host a visitor from the Fortuna Library for Story Time as well as a visitor from Zero Waste Humboldt who worked with campers on nature art and re-growing food scraps. We also logged

27.5 volunteer hours with an L.I.T. (Leader in Training) youth volunteer who assisted with camp activities.

Coordination and planning continued with First 5 Humboldt on a new playgroup for kids ages 0- 5 and their caregivers. Planning and development of the program has progressed well and supplies have all arrived. The goal is to open in the next month, staffing dependent.

Planning and development on a Paint & Sip event for May 12th continued through April, with all 30 available spots being filled within 4 business days of opening registration. Planning and development also continued on a new Bike Rodeo event that will take place on May 14th. Geared toward youth ages 5-12, the event will bring together community groups and cycling advocates for a youth & family focused event designed to teach fundamental bicycle safety & skills. Work also began in April on developing a parks-centered scavenger-hunt activity for local youth in celebration of the 12th annual National Kids to Parks Day.

Community Service
The Parks & Recreation Department had 5 people signed up to perform Community Service, and workers completed 66.25 hours in the month of April. The Community Service Work Program is a big part of the parks’ success. The workers help with trash pickup and various basic maintenance Consent Item 4e

projects in Rohner and Newburg Parks, the River Lodge, and other Parks-maintained spaces throughout the City. Since the program started in 1997, there have been 52,696.25 service hours completed throughout the City of Fortuna.

RECOMMENDED COUNCIL ACTION:

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

Consent Item 4f

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Police Department Monthly Report for April 2022 STAFF RECOMMENDATION:

Receive report as an informational item.

Patrol Statistics:

During the month of April 2022, the Fortuna Police handled 1,407 calls for service. 42 arrests were made during the month of April, including 14 felony arrests and 28 misdemeanor arrests. 42 citations were issued for traffic offenses or other miscellaneous violations. Crime statistics and information on calls for service are available at forpd.crimegraphics.com.

Staffing:

Staffing levels were impacted during the month of April. The Police Department is working to replace existing vacancies, which include:
 Two sworn police officer positions, and
 One part time Community Service Officer, and
 One Public Safety Dispatcher
Two entry-level Police Officer candidates have received conditional letters of employment. One candidate completed the background investigation and will graduate from the Police Academy in June 2022. The other candidate is currently finishing the background investigation process. One part-time CSO candidate is currently nearing the end of the background phase of hiring. The recruitment for Public Safety Dispatcher is currently open.

Covid-19:

N/A – No exposures or illnesses.

Employee of the Month:

During the month of April, Public Safety Dispatcher Jade Campbell received the department’s “Employee of the Month” award for her adaptability, hard work, and commitment to the department and community.

RECOMMENDED COUNCIL ACTION:

Receive Police Department Monthly Report. Consent Agenda vote.

Consent Item 4g

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Public Works/Engineering Department Monthly Report STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Public Works Director/City Engineer
Public works staff have been engaged in a number of ongoing projects, see the summary below:
12th Street Interchange Modernization Project
In March, staff developed and posted a Request for Proposals to complete the project, and proposals were received on April 13th. The City received a single proposal, from GHD, similar to the Kenmar Interchange Improvement Project. Since the proposal due date, staff have been working with Caltrans to initiate the cooperative project phase, and to identify the necessary steps that need to be completed prior to city staff taking a project award recommendation to Council..

Staff hope to bring the project award recommendation to the Council in June. 12th Street Prop 1 Integrated Stormwater Enhancement Project Staff received the final executed grant agreement in April. Following the final agreement, staff have been working to contract for the design phase of work with our engineering consultant, and have been engaged with Fortuna Union High School staff to finalize the Maintenance Agreement Memorandum of Understanding for the future bioretention facility.

Campton and Hillside Water Tank Coating Project
As noted below in the Chief Plant Operators report, staff is having a water tank inspection performed on the City’s two steel tanks in order to identify any required interior maintenance as part of the tank coating project. Once the inspection is performed, staff and our engineering consultants will have a better idea of the total scope of the project and can develop and advertise the final bid package.

Stormdrain Infrastructure Hazard Identification Project Consent Item 4g

Staff received final authorization from the California Office of Emergency Services (Cal OES) to award the contract and commence work. A project kickoff meeting was held in late April, and over the next several months staff from the General Services and Engineering Divisions will be working to assist our consultant in preliminary data collection for the stormdrain system.

Newburg Park Expansion and Rohner Park Basketball Court Improvement Projects Public works and engineering staff have been supporting the Parks department in the project planning and development phase of these two projects. Staff have been assisting our consulting City Surveyor with performing field data collection that will be used for future design.

Additionally, staff are working with our engineering consultants to develop a scope of work for the Newburg Park expansion project.

Kenmar and Drake Hill Water Pump Station Emergency Stationary Generators The project was put out to bid in April, and the bid opening date is May 19th. After the bid opening, staff anticipate bringing the contract to the Council for an Award recommendation at the June 6th meeting.

CDBG ADA Barrier Removal Project
In April, staff received comments back from Housing and Community Development (HCD) on the City’s application for ADA improvements, including locations along N Street, at Newburg Park, and the Rodeo Grounds. Over the next several weeks staff will be working to address comments and resubmit the updated application. Depending on the review timeline for the second submittal, this project may or may not be able to be constructed this season.

Annual Microslurry Project
In April, public works staff coordinated with the City of Arcata (this year’s administering agency) to develop a multi-agency bid package for the 2022 Accelerated Cure Slurry (Micro Slurry) Project. This is a biennial project, which was last administered by Fortuna. For this year’s project, staff are proposing to slurry various roads in the greater Kenwood neighborhood. Additionally, staff have been coordinating with the Fortuna Volunteer Fire Department to include their parking lot at the main fire station in the project. Based on a preliminary procurement schedule received from Arcata, the project will bid in May, and construction is anticipated to take place in July/August.

Utilities Division- Utility Lead
Service Call Summary
 In April, the Utilities Division completed 81 service calls by operators. Figure 1 below shows the distribution of service calls by type.
 The division completed 35 Underground Service Alert (USA) mark and locates with no miss-marks, resulting in zero broken utilities.

Consent Item 4g

Figure 1. Utility division service calls by type in April.

Water Distribution System
 The utilities division installed one new service to the system in April.  In April there was one water leak, with an estimated 7,200 gallons of water lost. Table 1 below shows a summary of annual lost water for 2022.
 In the month of April the utilities team changed out 14 dead water meters, and replaced one service line on 14th street.
 Two broken angle valves were replaced with new ones, both for houses on the shut off list.

Table 1. Water leak rate and water loss estimates for 2022. 0 5
10 15
20 25
30 35
Connect Disconnect Occupant Change Service Action
Number of Calls
Service Call Type
Date Location Pipe
Information
Estimated
Leak Rate
(Gallons per
Minute)
Leak
Duration
Total
Estimate
Leak
Volume
(Gallons)
1/20/2022 Newell Drive 2” Cast Iron 2 5 days 28,800
2/8/2022 Hillside Drive 6” Cement 5 5 days 36,000
2/17/2022 Sunny Heights
Drive
¾” Plastic 10 3 days 43,200
2/23/2022 Orchard Lane 6” Cement 900 1 hour 54,000
3/14/2022 Riverwalk Drive 6” Hydrant 1000 0.75 hour 39,000 3/30/2022 West End Place ¾” Blue Plastic 40 1 hour 2,400 4/6/2022 524 14th Street ¾’’ Blue Plastic 1 5 days 7,200 Consent Item 4g

Wastewater Collections System
 The Utilities Division focused a significant amount of time in April performing camera inspections of the City sewer system. In April, staff cleaned and inspected 5,077 feet of sewer mains. While performing camera inspections staff
found a sewer line on P Street that is in poor shape. It is encumbered with roots at most joints and has many cracks in the pipe walls (see photo inset right). This section of sewer line was subsequently added to the upcoming 2022- 23 Capital Improvement Program, and staff will look to
initiate a project at this location as soon as possible.

Miscellaneous Tasks
 The Utilities Division performed monthly maintenance on the division’s heavy equipment, including greasing and
checking all fluids.
 Jason Johnson traveled to Santa Rosa to take his
Distribution 3 Test and passed! Jason becomes one of only four City staff with this certification.

Water Treatment/Wastewater Division- Chief Plant Operator Tesla Corrosion Control Facility Battery
Project: Tesla contractors installed the battery
units at the City’s water wells site this month
(see picture inset left). Contractors also
completed the wiring connection with the PG&E
grid. Tesla has planned further construction in
May with the installation of stairs and railing to
the elevated pad. City staff will then work with
Tesla on commissioning the units before PG&E
can give them permission to operate.

Plant Staffing: New Operator-in-Training
Matthew Engleman started working for the City
this month. This fills a vital, vacant operator
position in the WWTP Division.

WWTP Tour: Plant staff conducted a tour of the WWTP to fellow operators from McKinleyville Community Services District and the City of Eureka. This important networking event will spur the spread of local knowledge, which can make it possible for multi-system improvement.

Loleta Community Services District (CSD) Assistance: Staff finalized an agreement to assist Loleta CSD with their water treatment facility operations. City of Fortuna staff will provide operations for two days per week, for a maximum of two hours per day. This arrangement will last Consent Item 4g

for three months until Loleta CSD can hire a Certified Operator. Staff began working there this month.

California Drought: Staff attended a webinar from the State Water Boards on draft drought regulation, which could go into effect in June. Due to the driest January-March in CA history and recent lack of normal rainfall, the State will soon impose restrictions on water use. The State will require the City to go to Stage 2 of the Water Shortage Contingency Plan, which will require extra reporting, public notification and some water use curtailment, including watering days. Once regulations become finalized, staff will bring this as an informational item to the Council in June.

Additionally, during the summer months staff will include a graph on the City’s groundwater table in this report, comparing this year with previous years.

Wastewater Treatment
April wastewater plant effluent flows for the past five years in Million Gallons (MG) and Million Gallons per Day (MGD).

Table 2. April wastewater plant effluent flows for the past five years in Million Gallons (MG) and Million Gallons per Day (MGD).

Figure 2. April wastewater plant effluent flows for the past five years in Million Gallons (MG) and Million Gallons per Day (MGD).

Wastewater Events & Maintenance Tasks Completed:
 Staff replaced an aged and damaged access door to a garage/ shop building at the WWTP.  Staff conducted quarterly acute toxicity testing of the effluent. This is a bioassay test which ensures that the effluent can sustain aquatic life in the receiving water. All tested parameters passed standards.
0 5
10 15
20 25
30 35
40 45
50 0

0.5 1

1.5 2

2.5 3
2018 2019 2020 2021 2022
Total Flow, MG
Flow, MGD
Total Monthly Flow, MG MAX Daily Flow, MGD AVG Daily Flow, MGD Year 2018 2019 2020 2021 2022
Total Monthly Flow, MG 44.973 40.369 35.424 33.670 38.220 Maximum Daily Flow, MGD 2.704 2.021 2.466 1.380 1.880
Average Monthly Flow, MGD 1.499 1.346 1.181 1.122 1.274 Consent Item 4g

 A contractor assisted staff in replacing badly corroded iron piping to the digester gas flare.

The contractor fabricated new, stainless steel piping, which will last far longer than the original infrastructure.
 Staff discovered a problem with one of the grit channel rails at the WWTP. The rail is bent slightly up, causing the rakes that ride on it to separate at an end sprocket before dropping back down. Staff made some progress
repairing it, but an ultimate repair will
require further time and equipment in
the near future.
 The contractor arrived in the end of
April to begin work on the
percolation ponds rehabilitation
project (see picture inset right). This
annual task supports the summertime
effluent discharge requirement,
where the City cannot discharge
directly to surface water.
 The City recently received test results for our Class A compost, and staff are planning to have a second compost giveaway the week of May 23rd. Staff are working to inform the public through press- and social media releases.

Water Treatment
The following table and chart show the potable water production data in April for the past five years.

Table 3. April potable water production for the past five years in Million Gallons (MG).

Year 2018 2019 2020 2021 2022
Total Production, MG 27.693 28.875 34.4 31.892 26.589
Maximum Daily, MG 1.257 1.127 1.46 1.424 1.445
Average Daily, MG 0.923 0.963 1.147 1.063 0.886
Consent Item 4g

Figure 3. April potable water production for the past five years in Million Gallons (MG) and Million Gallons per Day (MGD).

Water Events & Maintenance Tasks Completed:
 The General Services Division assisted staff at the Vancil pump station, pouring and shaping a new concrete pad for one of the three pumps. Staff also replaced the wiring for this pump.
 Staff spent time on seasonal mowing at City facilities. Late rains will require staff to work on this task into May.
 Staff gathered quotes for cleaning and inspecting the City’s two potable, steel water tanks:

Hillside and Campton Heights. Contractors last performed this task in 2018. Cleaning and inspecting these tanks will assist staff in determining the need for to perform interior tank rehabilitation as part of the Campton and Hillside tank exterior coating project.

General Services and Streets - General Services Superintendent The following is a list of scheduled assignments completed by the General Services staff in April:
 During inclement weather in mid-April, a small slide
developed on Hillside Drive. Staff placed temporary
traffic control signs and measures near and around the slip out for the night. Staff removed the debris the next day (see photo inset right).
 Staff continues to mow and weed eat along City’s right of ways, easements, and City property.
 Staff replaced lights in the Council Chambers.
0 0.2

0.4 0.6

0.8 1

1.2 1.4

1.6 0
5 10
15 20
25 30
35 40
2018 2019 2020 2021 2022
Flow, MGD
Production, MG
Production Max Daily Avg Daily
Consent Item 4g

 Staff replaced a pump motor pedestal for Vancil Reservoir. The previous pedestal was found to be broken when the pump motor was removed.
 Staff continues to remove and replace decking and seatbacks at the rodeo grandstands.  Staff removed low hanging limbs, or limbs that impaired sight distance in the City right of ways.
 Staff fulfilled a request to check on the status of a small air conditioning unit in the City Hall server room. Staff cleaned and serviced the filtration system. The task will be included in quarterly maintenance schedule.
 Staff relocated stored material for the percolation pond rehabilitation project.  River Life Foundation removed and hauled 1,680 pounds of miscellaneous debris from transient’s camps that are on or near creeks and streams.  Staff participated in coordination calls with Caltrans to discuss various opportunities to take advantage of Clean California Grant funds, including for trash pickup and mattress dump-day in June.
 Staff have been working with our on-call concrete contractor to replace various driveway aprons throughout the downtown area.

In addition to the special tasks noted above, staff also engaged in the following regular routine maintenance activities including USA’s, street sweeping, recycling and trash management, road maintenance, vegetation management, and safety training and inspections. Staff is available for questions, requests, and emergency responses to the community.

RECOMMENDED COUNCIL ACTION:

Receive Public Works Department Monthly Report. Consent Agenda vote.

Consent Item 4h

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Jennifer Lourenzo, Conference Center Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: River Lodge Conference Center and Fortuna Monday Club Monthly Report for April 2022
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The River Lodge and Monday Club held a total of 23 events in the month of April. Events included 3 monthly meetings, 3 baby showers, 2 weddings, a memorial and a Celebration of Life. There were 7 churches that congregated together for a Good Friday Service at River Lodge and Soroptimist International of the Eel River Valley held their Annual Awards Program. The State of the City Breakfast, hosted by Fortuna Chamber, took place and was very well attended. Fortuna Union High School held an Interview Day for students participating in the Bridging Connections Program. The River Lodge catered 4 Rotary luncheon meetings. COVID testing through the Department of Health & Human Services took place on 4 days and The Fortuna Concert Series played at the Monday Club.

There has been an increase in bookings at both River Lodge and Monday Club. The wedding season is upon us, and the events that have been on hold for 2 years are finally happening.

RECOMMENDED COUNCIL ACTION:

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

April 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
Baby Shower
3 4 5 6 7 8 9
Mtg 2-3/ Mtg 4-6
ERV/ Baby Shower Covid Testing Rotary Wedding
Baby Shower Concert Series
10 11 12 13 14 15 16
Civics Mtg Covid Test/Vaccinations Rotary Church Service Garden Club
17 18 19 20 21 22 23
ERV Parent Mtg Covid Testing Rotary SIERV Awards Memorial Wedding
24 25 26 27 28 29 30
Rotary
Covid Testing State of the City Celebration of Life
Birthday Party
Consent Calendar Item 4i

STAFF REPORT
City Council Consent Calendar Agenda Item
DATE: May 16, 2022
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for May 4, 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:
 May 4, 2022 $ 83,043.84
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for May 4, 2022
Amount
73497 05/04/2022 JAQUETTE, JASON & STEPHANIE ROOSE 042522 Monday Club Deposit/Insurance Refund 185 5/4/2022 2:52:45 PM Page 1 of 7
73494 05/04/2022 HUMMEL TIRE & WHEEL 262954 Tires - PD 710.9 73495 05/04/2022 IAPE M22-C682579 Membership Dues - CSO 65 73496 05/04/2022 INTERNAT'L INSTITUTE OF MUNCIPAL CLERKS 042722 Membership Dues - S. Emmons 175 73493 05/04/2022 HUMBOLDT VETERINARY MEDICAL GRP 385550 Vet Services - K9 Blitz 225.77 73494 05/04/2022 HUMMEL TIRE & WHEEL 262895 Tire Sensor - General Services 95.43 73494 05/04/2022 HUMMEL TIRE & WHEEL 262919 Flat Repair Service Call - Utilities 233.87 73490 05/04/2022 GROCERY OUTLET 40733922542232 Catering Supplies - River Lodge 46.37 73491 05/04/2022 HORIZON BUSINESS PRODUCTS 248625 Supplies - River Lodge 82.42 73492 05/04/2022 HUMBOLDT BAY COFFEE CO 41928 Coffee - River Lodge 137.25 73488 05/04/2022 FORTUNA ACE HARDWARE 343012 Janitorial Supplies - River Lodge 16.47 73489 05/04/2022 GRAINGER 9293724424 Lab Supplies 34.73 73489 05/04/2022 GRAINGER 9294220026 Lab Supplies 41.38 73488 05/04/2022 FORTUNA ACE HARDWARE 342936 Supplies - WWTP 7.36 73488 05/04/2022 FORTUNA ACE HARDWARE 342945 Supplies - WWTP 45.95 73488 05/04/2022 FORTUNA ACE HARDWARE 342972 Tools - Utilities 105.19 73488 05/04/2022 FORTUNA ACE HARDWARE 342860 Supplies - WWTP 15.37 73488 05/04/2022 FORTUNA ACE HARDWARE 342864 Vehicle Repair - WWTP 21.68 73488 05/04/2022 FORTUNA ACE HARDWARE 342866 Supplies - PD 60.71 73488 05/04/2022 FORTUNA ACE HARDWARE 342749 Supplies - Parks 318.14 73488 05/04/2022 FORTUNA ACE HARDWARE 342762 Supplies - Utilities 41.21 73488 05/04/2022 FORTUNA ACE HARDWARE 342786 Supplies - Parks 21.27 73488 05/04/2022 FORTUNA ACE HARDWARE 3425846 Supplies - Parks 17.34 73488 05/04/2022 FORTUNA ACE HARDWARE 342700 Building Maintenance - PD 8.67 73488 05/04/2022 FORTUNA ACE HARDWARE 342732 Tools - Utilities 271.24 73487 05/04/2022 FORBUSCO LUMBER 183269 Supplies - Vancil Pump 16.12 73487 05/04/2022 FORBUSCO LUMBER 183453 Supplies - Parks 22.81 73487 05/04/2022 FORBUSCO LUMBER 183453 Supplies - Parks -1.58 73487 05/04/2022 FORBUSCO LUMBER 182731 Building Maintenance - River Lodge -2.67 73487 05/04/2022 FORBUSCO LUMBER 182731 Building Maintenance - River Lodge 38.2 73487 05/04/2022 FORBUSCO LUMBER 183269 Supplies - Vancil Pump -1.13 73487 05/04/2022 FORBUSCO LUMBER 182083 Supplies - Streets -2.6 73487 05/04/2022 FORBUSCO LUMBER 182586 Supplies - Parks 5.64 73487 05/04/2022 FORBUSCO LUMBER 182586 Supplies - Parks -0.39 73485 05/04/2022 ENGINEERED FIRE SYSTEMS, INC 18511 Fire Plan Review 1125 73486 05/04/2022 FEDEX 7-733-24696 Delivery Services - Lab 175.2 73487 05/04/2022 FORBUSCO LUMBER 182083 Supplies - Streets 36.96 73483 05/04/2022 CRYSTAL SPRINGS BOTTLED W 37150 Water Delivery - Public Works 18 73483 05/04/2022 CRYSTAL SPRINGS BOTTLED W 37228 Water Delivery - Parks 36 73484 05/04/2022 ECOLAB 6268895253 Dishmachine Rental - River Lodge FY 21/22 117.45 73481 05/04/2022 CONWAY-O'NEILL, PACKY 042722 Adult Bball Forfeit Deposit Refund 200 73482 05/04/2022 COUNTY OF HUMBOLDT 043022 April Parking Fees 10 73482 05/04/2022 COUNTY OF HUMBOLDT 043022 April Parking Fees 15 73478 05/04/2022 BODYWORKS 050122 May Gym Memberships 40 73479 05/04/2022 CALLAWAY, DAMYAN 042722 Adult Bball Forfeit Deposit Refund 150 73480 05/04/2022 CHARLTON, GABE 041622 Per Diem 5.11 - 5.13 (De-escalation/Tactical) 187 73478 05/04/2022 BODYWORKS 050122 May Gym Memberships 20 73478 05/04/2022 BODYWORKS 050122 May Gym Memberships 140 73478 05/04/2022 BODYWORKS 050122 May Gym Memberships 60 73475 05/04/2022 ADVANCED SECURITY SYSTEM 599381 Alarm Service Call - Lab 70.53 73476 05/04/2022 ASAP LOCK & KEY 21783 Padlocks - General Services 91.07 73477 05/04/2022 BALDWIN, JEFFREY 041322 Per Diem/Mileage 5.8 - 5.13 (Bldg Code Training) 619.11 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 5/2/2022 - 5/4/2022
Payment NumberPayment Date Vendor Name Payable Number Description (Item) 73474 05/02/2022 POSTMASTER 050222 Utility Billing Postage 4.30.22 943.9 73474 05/02/2022 POSTMASTER 050222 Utility Billing Postage 4.30.22 943.9 Amount
73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 216.07 73518 05/04/2022 PALMER, DALTON 041622 Per Diem 5.11 - 5.13 (De-escalation/Tactical) 187 5/4/2022 2:52:45 PM Page 2 of 7
73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 1351.57 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 12968.98 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 1141.44 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 270.02 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 129.95 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 2790.49 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 2440.5 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 224.81 73517 05/04/2022 PACIFIC GAS & ELECTRIC CO 04220845 46580260845 1682.12 73514 05/04/2022 O'REILLY AUTOMOTIVE STORE 107819 Vehicle Repair - PD 21.73 73515 05/04/2022 O'SHAUGHNESSY, BLAINE 042522 Park Deposit Refund 250 73516 05/04/2022 OWEN EQUIPMENT SALES 56091 Equipment Maintenance - Streets 186.09 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 303.31 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 563.29 73513 05/04/2022 NYLEX.NET 11994 Domain Renewal - 2 Years 85.99 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 346.64 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 43.33 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 303.31 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 996.59 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 1629.89 73513 05/04/2022 NYLEX.NET 11927 Network Supporty FY 21/22 346.64 73512 05/04/2022 NORTH COAST JOURNAL 202294830 Utility Worker II/III Recruitment Advertising 25 73512 05/04/2022 NORTH COAST JOURNAL 202294862 Engineer Recruitment Advertising 50 73512 05/04/2022 NORTH COAST JOURNAL 202294865 Engineer Recrutiment Advertising 154 73512 05/04/2022 NORTH COAST JOURNAL 202294827 Utility Worker II/III Recruitment Advertising 61 73512 05/04/2022 NORTH COAST JOURNAL 202294827 Utility Worker II/III Recruitment Advertising 61 73512 05/04/2022 NORTH COAST JOURNAL 202294830 Utility Worker II/III Recruitment Advertising 25 73511 05/04/2022 NORTH COAST EVENTS & RENT 1782 Linens - River Lodge 146.88 73512 05/04/2022 NORTH COAST JOURNAL 202294821 Dispatcher Recruitment Advertising 122 73512 05/04/2022 NORTH COAST JOURNAL 202294824 Dispatcher Recruitment Advertising 50 73509 05/04/2022 NOEL, KEVIN 042722 Adult Bball Forfeit Deposit Refund 100 73510 05/04/2022 NORMAN'S DRY CLEANERS 70720 River Lodge Linen Service 16.98 73510 05/04/2022 NORMAN'S DRY CLEANERS 70788 River Lodge Linen Service 51.32 73507 05/04/2022 NAPA AUTO PARTS FORTUNA 14186 Equipment Maintenance - General Services 10.18 73508 05/04/2022 NCL OF WISCONSIN INC 469563 Lab Supplies -28.33 73508 05/04/2022 NCL OF WISCONSIN INC 469563 Lab Supplies 501.21 73506 05/04/2022 MITCHELL 1 IB27531796 Software Subscription - Shop FY 21/22 64.53 73506 05/04/2022 MITCHELL 1 IB27531796 Software Subscription - Shop FY 21/22 64.53 73506 05/04/2022 MITCHELL 1 IB27531796 Software Subscription - Shop FY 21/22 64.53 73505 05/04/2022 MISSION LINEN INDUS SERV 516920715 Parks/Rink Linen Service 72.31 73505 05/04/2022 MISSION LINEN INDUS SERV 516948389 Janitorial Supplies - Parks 460.47 73506 05/04/2022 MITCHELL 1 IB27531796 Software Subscription - Shop FY 21/22 64.53 73505 05/04/2022 MISSION LINEN INDUS SERV 516920705 Corp Yard Linen Service 67.54 73505 05/04/2022 MISSION LINEN INDUS SERV 516920705 Corp Yard Linen Service 48.98 73505 05/04/2022 MISSION LINEN INDUS SERV 516920706 Wastewater Linen Service 71.76 73504 05/04/2022 MENDES SUPPLY INC m228247 Janitorial Supplies - Rec Program/Pavilion 33.38 73504 05/04/2022 MENDES SUPPLY INC m228247 Janitorial Supplies - Rec Program/Pavilion 135.85 73505 05/04/2022 MISSION LINEN INDUS SERV 516878294 Parks/Rink Linen Service 68.51 73504 05/04/2022 MENDES SUPPLY INC M227235 Janitorial Supplies - Parks/CH/Library 16.99 73504 05/04/2022 MENDES SUPPLY INC M227235 Janitorial Supplies - Parks/CH/Library 33.99 73504 05/04/2022 MENDES SUPPLY INC M228246 Janitorial Supplies - Parks 487.83 73502 05/04/2022 MCGINNIS, DAKOTA 042722 Adult Bball Forfeit Deposit Refund 150 73503 05/04/2022 MCGINNIS, JOHN 042722 Adult Bball Forfeit Deposit Refund 150 73504 05/04/2022 MENDES SUPPLY INC M227235 Janitorial Supplies - Parks/CH/Library 16.99 73499 05/04/2022 KEISNER, DELMER 042722 Adult Bball Forfeit Deposit Refund 200 73500 05/04/2022 MAD RIVER COMMUNITY HOSPITAL 10551541 Sancho Pre-employment Physical 1208.07 73501 05/04/2022 MANDON, BRADEN 042722 Adult Bball Forfeit Deposit Refund 200 Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 73498 05/04/2022 JOE'S AUTO GLASS 53456 Vehicle Repair - PD 990.76 Amount
73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 54.08 5/4/2022 2:52:45 PM Page 3 of 7
73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 152.23 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 570.15 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 31.66 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 39.32 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 40.6 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 113.61 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 33.7 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 107.04 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 626.34 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 22-539435 Bulk Oil 154.08 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 22-539435 Bulk Oil 154.09 73534 05/04/2022 VAN DYKE, KYLE 042722 Adult Bball Forfeit Deposit Refund 150 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 22-539435 Bulk Oil 154.08 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 22-539435 Bulk Oil 154.08 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC INV 22-539435 Bulk Oil 154.08 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 2969.5 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 1174.68 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 1210.71 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 177.57 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 348.56 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 355.62 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 3051.18 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 934.88 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 166.68 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 6871.42 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 81.34 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 63.87 73532 05/04/2022 US BANK EQUIPMENT FINANCE 470936568 Copier Lease FY 21/22 133.65 73532 05/04/2022 US BANK EQUIPMENT FINANCE 470936568 Copier Lease FY 21/22 104.6 73533 05/04/2022 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 22-492073 Fuel 71.45 73530 05/04/2022 THATCHER COMPANY INC 2022400900975 Chemical Deposit Refund -599.26 73531 05/04/2022 TROTTER, JACOB 042722 Adult Bball Forfeit Deposit Refund 200 73532 05/04/2022 US BANK EQUIPMENT FINANCE 470936568 Copier Lease FY 21/22 342.85 73530 05/04/2022 THATCHER COMPANY INC 2022400104241 Chemicals 7050 73530 05/04/2022 THATCHER COMPANY INC 2022400104241 Chemicals 13677.2 73530 05/04/2022 THATCHER COMPANY INC 2022400900975 Chemical Deposit Refund -7050 73529 05/04/2022 STAPLES BUSINESS CREDIT 7354743089-1-1 Credit Price Adjustment -19.86 73529 05/04/2022 STAPLES BUSINESS CREDIT 7355253893 Supplies - PD 49.88 73529 05/04/2022 STAPLES BUSINESS CREDIT 7355282035 Supplies - Parks 106.13 73529 05/04/2022 STAPLES BUSINESS CREDIT 7353348284 Supplies - Skating 16.81 73529 05/04/2022 STAPLES BUSINESS CREDIT 7353348284-1-1 Supplies - Skating (Credit Original Order) -16.81 73529 05/04/2022 STAPLES BUSINESS CREDIT 7353348284-2 Supplies - Skating (Replacement Order) 16.81 73527 05/04/2022 SEQUOIA GAS STATION 376933 Equipment Fuel 40.69 73527 05/04/2022 SEQUOIA GAS STATION 376949 Equipment Fuel 81.38 73528 05/04/2022 SHERLOCK RECORDS MANAGEMENT3552 Finance Record Storage FY 21/22 50 73527 05/04/2022 SEQUOIA GAS STATION 176909 Equipment Fuel 25.92 73527 05/04/2022 SEQUOIA GAS STATION 176911 Equipment Fuel 44.31 73527 05/04/2022 SEQUOIA GAS STATION 376928 Propane - General Services 33.07 73525 05/04/2022 SARVINSKI, SILAS 042722 Adult Bball Forfeit Deposit Refund 150 73526 05/04/2022 SCOTTY'S CUTTERS EDGE 144395 Equipment Maintenance - Utilities 65.84 73527 05/04/2022 SEQUOIA GAS STATION 176908 Equipment Fuel 20.71 73522 05/04/2022 REMOTE SATELLITE SYSTEMS 117387 Satellite Phone Service - PD FY 21/22 54 73523 05/04/2022 RESTIF CLEANING SERVICE 120480 Carpet Cleaning - River Lodge 1065.03 73524 05/04/2022 RIOS, RUBEN 042722 Adult Bball Forfeit Deposit Refund 150 73520 05/04/2022 R.J. RICCIARDI, INC CPAs 13047 Auditor Fees FY 21/22 164.5 73520 05/04/2022 R.J. RICCIARDI, INC CPAs 13047 Auditor Fees FY 21/22 164.5 73521 05/04/2022 REDWOOD GLASS & WINDOWS RW10240 Window Repair - Museum 2975 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 73519 05/04/2022 PLATT ELECTRIC SUPPLY 2R69312 Building Maintenance - City Hall 15.69 73520 05/04/2022 R.J. RICCIARDI, INC CPAs 13047 Auditor Fees FY 21/22 493.5 Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Amount
Grand Total: 83043.84
5/4/2022 2:52:45 PM Page 4 of 7
73537 05/04/2022 WYCKOFF'S 32727 Supplies - Vancil Pump 19.51 73537 05/04/2022 WYCKOFF'S 33567 Newburg Maintenance 27.49 73537 05/04/2022 WYCKOFF'S 33676 Supplies - Utilities 23.85 73537 05/04/2022 WYCKOFF'S 31403 Equipment Maintenance - River Lodge 31.56 73537 05/04/2022 WYCKOFF'S 31557 Newburg Maintenance 26.2 73537 05/04/2022 WYCKOFF'S 31848 Supplies - Parks 5.84
73537 05/04/2022 WYCKOFF'S 30708 Building Maintenance - Monday Club 29.34 73537 05/04/2022 WYCKOFF'S 30962 Streetlight Maintenance 9.96 73537 05/04/2022 WYCKOFF'S 31308 Building Maintenance - City Hall 11 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 156.58 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 222.87 73536 05/04/2022 WHITCHURCH ENGINEERING 042722 Adult Bball Forfeit Deposit Refund 150 Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Payment NumberPayment Date Vendor Name Payable Number Description (Item) 73535 05/04/2022 VERIZON WIRELESS 9904731041 April Cellular Service 2.11 100-6035-2000 Personnel Services 1380.07
5/4/2022 2:52:45 PM Page 5 of 7
100-5775-4000 Network Support 346.64
100-5775-5400 Network Support 346.64
100-5775-5600 Network Support 43.33
100-6000-1400 Audit Fees 493.5
100-6025-1200 Professional Services 50
100-6025-2000 Professional Services 54
100-5740-1500 Building Repair and Maintenance 26.69
100-5740-2000 Building Repair and Maintenance 8.67
100-5740-5600 Building Repair and Maintenance 2975
100-5741-5450 Newburg Park Maintenance 53.69
100-5775-1500 Network Support 1082.58
100-5775-2000 Network Support 1629.89
100-5705-2000 Equipment Maintenance 133.65
100-5705-5450 Equipment Maintenance 104.6
100-5715-2000 Vehicle Repairs 1877.47
100-5715-4100 Vehicle Repairs 95.43
100-5715-5450 Vehicle Repairs 154.08
100-5720-4100 Equipment Repair 197.33
100-5505-2800 Vehicle Fuel & Oil 81.34
100-5505-4000 Vehicle Fuel & Oil 63.87
100-5505-4100 Vehicle Fuel & Oil 3091.87
100-5505-5450 Vehicle Fuel & Oil 1025.82
100-5565-5450 Janitorial Supplies 1123.11
100-5705-1500 Equipment Maintenance 342.85
100-5500-2000 Department Supplies 110.59
100-5500-4100 Department Supplies 158.61
100-5500-5450 Department Supplies 595.24
100-5500-5500 Department Supplies 16.99
100-5505-1500 Vehicle Fuel & Oil 71.45
100-5505-2000 Vehicle Fuel & Oil 6871.42
100-2460 Sales Tax Payable -28.33
100-4310 Recreation Program Fees 1950
100-5265-1200 Miscellaneous Benefits 20
100-5265-2000 Miscellaneous Benefits 140
100-5265-5400 Miscellaneous Benefits 60
100-5500-1500 Department Supplies 16.99
Account Summary
Account Number Account Name Payment Amount
100-1680 Distributed Office Supplies -19.86
100-1683 Distributed Utilities 2440.5
100-2220 Refundable Park Deposits 250
100-2405 Parking Fund-County 10
100-2410 Parking Fund-State 15
120 - Development & Building Fund 1975.76
160 - Riverlodge Fund 2267.02
189 - Measure Z Fund 348.56
280 - Gas Tax Fund 4728.09
500 - Water Fund 18676.1
550 - Wastewater Fund 18596.4
590 - TDA Transit Fund 1210.71
672 - Forest Hill Water Booster Fund 216.07
Grand Total: 83043.8
Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 34601.1
101 - Transaction and Use Tax Fund 198.34
105 - Donations Fund 225.77
500-7015-6000 Dues & Subscriptions 64.53
550-1310 Chemical Tank Deposits 0
5/4/2022 2:52:45 PM Page 6 of 7
500-5775-6300 Network Support 303.31
500-5900-6100 Tools & Small Equipment 376.43
500-6000-6300 Audit Fees 164.5
500-6035-6100 Personnel Services 86
500-6205-6300 Cell Phones 156.58
500-6505-6000 Utility - General & Electric 12969
500-5500-6000 Department Supplies 34.5
500-5500-6100 Department Supplies 114.04
500-5500-6200 Department Supplies 943.9
500-5505-6100 Vehicle Fuel & Oil 2969.5
500-5715-6100 Vehicle Repairs 154.08
500-5720-6100 Equipment Repair 299.71
280-5505-4200 Vehicle Fuel & Oil 355.62
280-5720-4200 Equipment Repair 186.09
280-5726-4200 Street Light Maintenance 44.32
280-6505-4200 Utility - General & Electric 2790.49
280-8500-8000 Principle -Debt 1351.57
500-5265-6100 Miscellaneous Benefits 40
160-5720-5800 Equipment Repair 31.56
160-5740-5700 Building Repair and Maintenance 29.34
160-5740-5800 Building Repair and Maintenance 1100.56
160-5775-5800 Network Support 303.31
160-6205-5800 Cell Phones 2.11
189-5505-2000 Vehicle Fuel & Oil 348.56
160-2221 Monday Club Deposits 185
160-5500-5800 Department Supplies 82.42
160-5540-5800 Catering - Food 183.62
160-5547-5800 User Group Linen 146.88
160-5565-5800 Janitorial Supplies 84.77
160-5706-5800 Equipment Lease 117.45
101-6205-2000 Cell Phones 31.66
105-5500-2850 Department Supplies 225.77
120-5505-3000 Vehicle Fuel & Oil 177.57
120-6005-3000 Engineering Services 1125
120-6205-3000 Cell Phones 54.08
120-7000-3000 Travel, Conferences & Training 619.11
100-7015-1150 Dues & Subscriptions 175
100-7015-2000 Dues & Subscriptions 129.53
100-7015-4100 Dues & Subscriptions 64.53
100-7222-5400 Kiddie Kamp Program 33.38
100-7230-5400 Skating/Pavilion 170
101-5505-2000 Vehicle Fuel & Oil 166.68
100-6210-2000 Internet Service 570.15
100-6505-5400 Utility - General & Electric 224.81
100-6505-5450 Utility - General & Electric 1682.12
100-6505-5500 Utility - General & Electric 270.02
100-6505-5600 Utility - General & Electric 129.95
100-7000-2000 Travel, Conferences & Training 374
100-6205-1500 Cell Phones 107.04
100-6205-2000 Cell Phones 626.34
100-6205-3200 Cell Phones 39.32
100-6205-4000 Cell Phones 40.6
100-6205-4100 Cell Phones 113.61
100-6205-5450 Cell Phones 152.23
Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Account Summary
Account Number Account Name Payment Amount
100-6035-4000 Personnel Services 204
100-6205-1100 Cell Phones 33.7
**None** 82818.1
Exp DONATION-K9 225.77
Grand Total: 83043.8
5/4/2022 2:52:45 PM Page 7 of 7
550-6505-6600 Utility - General & Electric 1141.44
550-7015-6600 Dues & Subscriptions 64.53
590-5505-5000 Vehicle Fuel & Oil 1210.71
672-6505-6515 Utility - General & Electric 216.07
Grand Total: 83043.8
Project Account Summary
Project Account Key Payment Amount
550-5730-6600 Alarm System Maintenance 70.53
550-5775-6700 Network Support 563.29
550-6000-6700 Audit Fees 164.5
550-6035-6500 Personnel Services 86
550-6045-6600 Laboratory Services 175.2
550-6205-6700 Cell Phones 222.87
550-5500-6700 Department Supplies 943.9
550-5505-6600 Vehicle Fuel & Oil 1174.68
550-5555-6600 Plant Chemicals 13077.9
550-5557-6600 Lab Supplies 577.32
550-5715-6600 Vehicle Repairs 21.68
550-5720-6500 Equipment Repair 154.09
Expense Approval Report Payment Dates: 5/2/2022 - 5/4/2022 Account Summary
Account Number Account Name Payment Amount
550-5500-6600 Department Supplies 158.44
Consent Item 4j

STAFF REPORT
City Council Consent Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Christopher Christianson, Chief Treatment Plant Operator THROUGH: Merritt Perry, City Manager
SUBJECT: Declaration of Surplus Property and Authorization to Dispose of Surplus Property; Resolution 2022-14
STAFF RECOMMENDATION:

Consider declaring property surplus and authorize to dispose by adopting Resolution 2022-14.

EXECUTIVE SUMMARY:

The City owns a 16’ aluminum boat with a 25 HP motor. Wastewater treatment plant staff used this boat prior to treatment plant upgrades of the 1970s when the plant was still a pond system - the boat was used to remove excess pond vegetation and to deploy a detention time curtain. The plant no longer uses these ponds for treatment purposes, and thus no longer needs the boat. The boat sat unused at the plant for decades, taking up valuable space, falling into disrepair, and eventually the motor ceased functioning.

In 2019, the boat was leant to Scotia CSD. They repaired both the boat and the motor and use it to this day in their wastewater treatment ponds, just as Fortuna did decades ago. Given that the boat no longer provides use to the City, and that Scotia CSD spent time and resources improving it and make use of it, it is requested that the Council declare the boat property surplus and officially sell it to Scotia CSD.

The California Constitution and Government Code 37350, 37351 provide for a city to dispose of property in any way it chooses if the disposition is for the common benefit. The proposed disposition method is presented in the table below.

Table 1. Surplus Property Information
Item Approx. Value Condition Disposition Method
16’ Boat with 25 HP Motor $375 Adequate Sell to Scotia CSD Staff proposes that the City sell the boat to Scotia CSD for $375, plus back registration fees in the amount of $56 for a total of $431. City staff researched prices in the local area for comparable boats, and found them to range between $250 and $500. $375 lands right in the middle of this range and staff feel that this is a fair sales price for proper compensation. The boat currently serves no function or utility to the City, and otherwise simply takes up space. Also, it costs the City Consent Item 4j

approximately $20 in annual registration fees. Selling the boat would overall save the City money and provide common benefit to a smaller, local, and severely disadvantaged community in need.

RECOMMENDED COUNCIL ACTION:

Adopt Resolution 2022-14. Consent Agenda vote.

ATTACHMENTS:
 Resolution 2022-14; A Resolution Of The City Council Of The City Of Fortuna Declaring Property Surplus And Authorizing The Disposal Of Surplus Property Consent Item 4j

RESOLUTION 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

DECLARING PROPERTY SURPLUS AND AUTHORIZING THE DISPOSAL OF

SURPLUS PROPERTY
WHEREAS, the City of Fortuna has determined that the following item will no longer be used by the City:

Item Approx. Value Condition Disposition Method
16’ Boat with 25 HP Motor $375 Adequate Sell to Scotia CSD WHEREAS, the California Constitution and Government Code Section 37350, 37351 allows for the disposal of surplus property by a city in any way it chooses if the disposal is for the common benefit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fortuna hereby declares that the listed property is surplus and may be disposed of in the proposed manner, which is for the common benefit.

PASSED AND ADOPTED on this 16
th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Sue Long, Mayor
ATTEST:
_____________________________
Siana Emmons, City Clerk
Consent Calendar Item 4k

STAFF REPORT
City Council Consent Item

DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Authorization to File the Final Subdivision Map for the Smith Lane Subdivision, and Accept the Dedications and Public Improvements; Resolution 2022-15
Applicant: Will Adams
APNs: 200-451-018
Project Site: Southeast Side of Smith Lane Between Fortuna Blvd. and Rohnerville Road.

STAFF RECOMMENDATION:

Approve the final map, accept the dedications and public improvements, and authorize City staff to record the map by adopting Resolution 2022-15.

BACKGROUND:

The City Council approved the Smith Lane Subdivision on December 16, 2019 by Resolution 2019-38, allowing subdivision of a 1.57-acre lot into six multifamily lots ranging in size from 10,000 square feet to 13,197 square feet, located on the southeast side of Smith Lane between Fortuna Boulevard and Rohnerville Road. A conditional use permit was approved by the Planning Commission (Resolution P-2019-3027), approving a 6-unit multifamily building on each lot, for an overall development of 36 living units. Project development includes on-site parking, a shared common private driveway, private interior sidewalks, and common open space. Ongoing maintenance of the shared driveway, open space, and storm drainage features within the development will be established by creation of CC&Rs and a homeowner’s association.

Public infrastructure consists of on-site utilities to serve each of the six lots, new public sidewalk along Smith Lane, and a new streetlight at Smith Lane. Public easements will be dedicated within the site for utility maintenance and emergency response access. All of the improvements have been installed with the exception of the streetlight, which will be secured with a construction bond prior to the map being recorded.

Consent Calendar Item 4k

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

The final map has been submitted for recordation, reviewed and signed by the City surveyor and the Public Works Director/City Engineer, and is ready to be signed by the Deputy Community Development Director and the City Clerk. All of the completed public and private improvements and underground utilities for the project have been inspected by the City Engineer for conformance with City standards, record drawings have been signed and submitted by the developer’s engineer, and approved by the city engineer. The street light has been secured with a construction agreement and a cashier’s check has been posted at 150% of its time and materials cost. Following the Council’s acceptance of the improvements, the City Engineer and City Clerk will sign the certificate of acceptance, and the city manager will sign a one-year maintenance agreement.

FISCAL IMPACT
There is minimal fiscal impact to the City general fund as a result of the approval of the final map and acceptance of improvements and easements. The City will be responsible for maintenance of the new on-site public utilities (water and sewer) after release of the one-year warranty bond. The on-site public utilities are relatively short, and maintenance cost will be covered by the water and sewer rates collected for each of the properties.

RECOMMENDED COUNCIL ACTION:

Authorize the City Clerk to file the final map for the Smith Lane Subdivision, and accept the dedications and improvements. Consent Agenda vote.

ATTACHMENTS:

1. Resolution 2022-15 A Resolution of the City Council of the City of Fortuna Authorizing Recordation of the Final Map for the Smith Lane Subdivision, and Accepting the Dedications and Improvements

2. Final Map

3. Council Resolution 2019-38

4. Tentative Map
Consent Calendar Item 4k

RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AUTHORIZING RECORDATION OF THE FINAL MAP FOR THE SMITH LANE

SUBDIVSION, AND ACCEPTING THE DEDICATIONS AND IMPROVEMENTS WHEREAS, on December 16, 2019, the Fortuna City Council adopted Resolution 2019-38 approving a 6-lot multifamily tentative map for Will Adams; and
WHEREAS, the Final Map for the Smith Lane Subdivision has been submitted to the City for approval; and
WHEREAS, the City Engineer, City Planner, and City Surveyor have reviewed the Smith Lane Final Map for its conformity with the tentative map and the conditions of approval and have determined that the final map substantially conforms with all requirements of the tentative map and the California Subdivision Map Act; and
WHEREAS, the City Engineer has approved the Improvement Plans, inspected construction, received and approved record drawings, and found them to be in conformance with the conditions of approval and the City’s Improvement Standards and Specifications, and recommends issuance of a certificate of compliance for the required public improvements and is ready to have the City Clerk sign the Certificate of Compliance and the City Manager to enter into a one-year Maintenance Agreement; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna as follows:

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

2. Accepts the public improvements for the subdivision, and authorizes the City Clerk to sign the Certificate of Acceptance and the City Manager to enter into a one-year Maintenance Agreement with the developer;
PASSED AND ADOPTED on this 16th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

30.00'

25.00'

BASIS OF BEARINGS
BOOK ___ OF MAPS, PAGE ____
NORTH

GRAPHIC SCALE
1 inch = ft.
-100' 0 50' 100'
100
1 2
3 4
5 6

R O H N E R V I L L E R O A D

S M I T H L A N E

V A L L E Y V I E W R O A D

S W E E T C O U R T

N E W B U R G R O A D
7 CORNER NOTES
City Monument #37 - Found 2 1/2" dia. brass disc with small "+", no other markings, in concrete in standard monument well at the intersection of David Way, Valley View Road, and Rohnerville Road per R2. Held for Basis of Bearings.

City Monument #128 - Found 2 1/2" dia. brass disc stamped "LS 3431 1979" with center "+" in concrete in standard monument well at the intersection of Smith Lane and Rohnerville Road per R2. Held for position.

Found 2" dia. brass disc stamped "LS 4851 FORTUNA" with punchmark in concrete in standard monument well at the
intersection of Sweet Court and Rohnerville Road per R4, held for Basis of Bearings.

City Monument #46 - Found 1" dia. brass disc with punchmark, no other markings, in small monument well with no cover at the intersection of Newburg Road and Rohnerville Road as shown on Book 68 of Surveys, Pages 136-145, Corner Note 20 thereon.

Asphalt patch to west of this position in area of City Monument #45 which appears to have been destroyed by utility
construction. Not used by this survey.

Found 1" dia. iron pipe with plastic plug stamped "LS 3115", plug driven down into pipe, at southwesterly side of fence intersection per R1. Held to establish north line of subject parcel.

Found 1/2" dia. iron pipe with plastic plug stamped "LS 4851 WRIGHT" at fence intersection per R8, monument is 0.11' easterly (measured perpendicular) to extension of east line of subject parcel.

Monument shown on R2, described as 1 1/4" dia. copperweld flush with pavement on R6, searched for, not found, likely destroyed by sewer manhole rehabilitation. Reset 2" dia. brass disc monument at surface in concrete collar of manhole
stamped "PULLEY LS 7793 SMITH LANE RESET 2021" at record distance and bearing from per R2.

Found brass pin in concrete in standard monument well in centerline on Smith Lane, shown on R2 and R5.

Set 3 1/4" dia. brass disc stamped "PULLEY LS 7793 2021 SMITH LANE SUBDIVISION LOT 2 LOT 3 LOT 4 LOT 5" in standard
monument well at lot line intersection in parking lot. Punch mark falls in "N" of "SMITH LANE" near edge of disk.
1 2
3 4
5 6
7 REFERENCES
R1 Book 4 of Parcel Maps, Page 32 by John Olson, filed 7/17/1974 R2 Book 31 of Surveys, Page 143 by Raymond Haberstock, filed 8/8/1975 R3 Book 12 of Parcel Maps, Page 76 by Jon McBride, filed 11/1/1978 R4 Book 26 of Parcel Maps, Pages 44-45 by Wallace Wright, filed 4/23/1992 R5 Book 29 of Parcel Maps, Pages 50-51 by Kenneth Omsberg Jr., filed 12/18/1996 R6 Book 23 of Maps, Pages 145-146 by Kenneth Omsberg Jr., filed 2/17/2006 R7 Book 67 of Surveys, Page 87 by Wallace Wright, filed 1/20/2010 R8 Book 35 of Parcel Maps, Pages 35-37 by Wallace Wright, filed 10/10/2012 PARCEL 3
12 PARCEL MAPS 76
PARCEL 1
4 PARCEL MAPS 32
PARCEL 2
35 PARCEL MAPS 35-37
PARCEL 2
12 PARCEL MAPS 76
PARCEL 1
12 PARCEL MAPS 76
PARCEL 3
35 PARCEL MAPS 35-37

CONTROL DIAGRAM

TRACT MAP NOTES
1) All distances show hereon are ground distances, in feet and decimals thereof.
2) This Tract Map is based on an approved Tentative Map dated 5/23/2019, approved by Resolution P-2019-3026
of the Planning Commission of the City of Fortuna. This map illustrates a subdivision of Parcel 3 per Book 12 of Parcel Maps, Page 76, Humboldt County Records (HCR)
(R2 hereon). Existing boundary lines and easements are
shown based on a Preliminary Title Report prepared by
Humboldt Land Title Company, Order No.

FHBT-CTO2100300V, dated 9/10/2021.
3) The northerly and easterly lines of the subject parcel were located based on holding the found monument at for
the northeasterly corner of the subject parcel. The
westerly line was established based on holding the record angle of Smith Lane relative to Rohnerville Road and the 25 foot offset from centerline. The southerly line was
held at the record 200 foot distance per R3 from the
northerly line as the southeasterly corner was searched for, not found.
4) The City Monument at the angle point in Smith Lane
was replaced at the record distance from as shown
hereon per R2. The resulting angle and distance to
match well with the tie shown on R5.
5 SCALE: 1" = 100' SHEET 2 OF 4

P W S C
5201 Carlson Park Dr., Suite 3 - Arcata, CA 95521
707 840 9510 Phone 707 840 9542 Fax
OINTS EST URVEYING O.

TRACT No. ________

SMITH LANE SUBDIVISION
for
Humboldt Development Company, LLC
BEING A SUBDIVISION OF 2019-1260
SECTION 35 T3N R1W

HUMBOLDT MERIDIAN

IN THE CITY OF FORTUNA

HUMBOLDT COUNTY, STATE OF CALIFORNIA
MARCH 2022

CHAN TRUST
1999-30765-2
3103 SMITH LANE LLC
2020-13543

HUMBOLDT DEVELOPMENT

COMPANY, LLC
2019-1260
FITZE
2013-10066

CITY MONUMENT NUMBERS

SHOWN HEREON ARE TAKEN
FROM BOOK 50 OF SURVEYS,
PAGES 133-135

BASIS OF BEARINGS
Bearings shown hereon are based on the tie between and
held at the record bearing of S51°51'21"E per R7. As shown hereon, the monument at falls on this line, and was held for position.
1 3
2 2

S M I T H L A N E
7 8
2 8
9 8
15' WIDE PUBLIC UTILITIES
EASEMENT PER 2009-20348-3
20' WIDE PUBLIC UTILITIES
EASEMENT PER 2012-25190 S M I T H L A N E
15' WIDE SEWER EASEMENT
PER 1989-5158
& 1989-6650
LOT 1
11340 sq. ft. (Gross)
LOT 2
12407 sq. ft. (Gross)
LOT 3
10027 sq. ft. (Gross)
LOT 4
10796 sq. ft. (Gross) LOT 5
12652 sq. ft. (Gross)
LOT 6
10993 sq. ft. (Gross)
BOOK ___ OF MAPS, PAGE ____
NORTH

GRAPHIC SCALE
1 inch = ft.
-20' 0 10' 20'
20 1
RECORD BEARING AND DISTANCE PER REFERENCE 1

MEASURED BEARING AND DISTANCE

CALCULATED FROM NOTED REFERENCE
SEE CORNER NOTE 1 ON SHEET 2
FOUND RECORD MONUMENTS AS NOTED.

SEE CORNER NOTES
SET 1" DIA. IRON PIPE WITH PLASTIC PLUG STAMPED
"PULLEY LS 7793" UNLESS OTHERWISE NOTED
SET 3/4" DIA. BRASS TAG STAMPED "PULLEY LS7793"

WITH RIVET IN CONCRETE

EXTERIOR BOUNDARY LINES

NEW LOT LINES CREATED BY THIS MAP

ADJACENT BOUNDARY LINES

CENTERLINE OF RIGHT OF WAY

EXISTING EASEMENT LINES

PROPOSED EASEMENT LINES
5 SCALE: 1" = 20' SHEET 3 OF 4

P W S C
5201 Carlson Park Dr., Suite 3 - Arcata, CA 95521
707 840 9510 Phone 707 840 9542 Fax
OINTS EST URVEYING O.

TRACT No. ________

SMITH LANE SUBDIVISION
for
Humboldt Development Company, LLC
BEING A SUBDIVISION OF 2019-1260
SECTION 35 T3N R1W

HUMBOLDT MERIDIAN

IN THE CITY OF FORTUNA

HUMBOLDT COUNTY, STATE OF CALIFORNIA
MARCH 2022

EASEMENTS OF RECORD
DOCUMENT 1989-5158 - 15 foot wide easement for sanitary sewer purposes and appurtenances thereto granted to C. Anthony & Irma Jean Fleschner -SHOWN HEREON
DOCUMENT 1989-6650 - 15 foot wide easement for sanitary sewer purposes and appurtenances thereto granted to C. Anthony & Irma Jean Fleschner -SHOWN HEREON
DOCUMENT 2009-20348-3 - 15 foot wide easement for public utility purposes granted to Egan, Kable, Wooden, Ventura & Simpson - SHOWN HEREON
DOCUMENT 2012-25190-3 - 20 foot wide easement for public utility purposes granted to City of Fortuna - SHOWN HEREON

EXISTING EASEMENTS
9 LEGEND

PARCEL D
15' WIDE PUBLIC

UTILITIES EASEMENT
LOT 1
4023 sq. ft. (Net)
LOT 2
4514 sq. ft. (Net)
LOT 3
4299 sq. ft. (Net)
LOT 4
3854 sq. ft. (Net)
LOT 5
3989 sq. ft. (Net)
LOT 6
4055 sq. ft. (Net)

PARCEL B
23' WIDE PUBLIC

UTILITIES EASEMENT

PARCEL J

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT

PARCEL N

PUBLIC UTILITY EASEMENT

PARCEL M

PUBLIC UTILITY EASEMENT S M I T H L A N E

PARCEL Q
1' NON-VEHICULAR

ACCESS EASEMENT

PARCEL P
1' NON-VEHICULAR

ACCESS EASEMENT

PARCEL A

PUBLIC UTILITY EASEMENT &

EMERGENCY VEHICLE ACCESS
ALSO

PARCEL C

INGRESS, EGRESS, PARKING
& PUBLIC UTILITY EASEMENT

PARCEL K

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT

PARCEL E

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT

PARCEL F

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT

PARCEL G

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT

PARCEL H

DRAINAGE, OPEN SPACE &

PUBLIC UTILITIES EASEMENT

PARCEL L

DRAINAGE, OPEN SPACE &

PUBLIC UTILITY EASEMENT
BOOK ___ OF MAPS, PAGE ____
NORTH

GRAPHIC SCALE
1 inch = ft.
-20' 0 10' 20'
20 LEGEND
5 SCALE: 1" = 20' SHEET 4 OF 4

P W S C
5201 Carlson Park Dr., Suite 3 - Arcata, CA 95521
707 840 9510 Phone 707 840 9542 Fax
OINTS EST URVEYING O.

TRACT No. ________

SMITH LANE SUBDIVISION
for
Humboldt Development Company, LLC
BEING A SUBDIVISION OF 2019-1260
SECTION 35 T3N R1W

HUMBOLDT MERIDIAN

IN THE CITY OF FORTUNA

HUMBOLDT COUNTY, STATE OF CALIFORNIA
MARCH 2022

EASEMENT NOTES
All easement lines for easements created hereon
are perpendicular to or parallel with the centerline
of the access road shown hereon which bears
N67°45'21"W.

Dimensions of Parcels D, H, and J extend to Smith
Lane right of way, not 1 foot non-access easement.

See Sheet 1 for specific language on easement
dedications.

Dimensions shown hereon to lot lines and
easements, not set property corners; see Sheet 3
for property corner locations/dimensions.

PARCEL A - PUBLIC UTILITY & EMERGENCY VEHICLE ACCESS

EASEMENT TO BE DEDICATED TO THE CITY OF FORTUNA

PARCEL C - INGRESS, EGRESS, PARKING & PUBLIC UTILITY EASEMENT

FOR BENEFIT OF ALL LOTS

PARCELS B & D - PUBLIC UTILITY EASEMENT TO BE DEDICATED TO

THE CITY OF FORTUNA

PARCELS E, F, G, H, J, K, & L - DRAINAGE, PUBLIC UTILITIES & OPEN

SPACE EASEMENT FOR THE BENEFIT

OF ALL LOTS

PARCELS M & N - PUBLIC UTILITY EASEMENTS TO BE DEDICATED TO

THE CITY OF FORTUNA

DEDICATIONS & EASEMENTS

CURVE DATA
9 1
RECORD BEARING AND DISTANCE PER REFERENCE 1

MEASURED BEARING AND DISTANCE

CALCULATED FROM NOTED REFERENCE
SEE CORNER NOTE 1 ON SHEET 2
FOUND RECORD MONUMENTS AS NOTED.

SEE CORNER NOTES
SET 1" DIA. IRON PIPE WITH PLASTIC PLUG STAMPED
"PULLEY LS 7793" UNLESS OTHERWISE NOTED
SET 3/4" DIA. BRASS TAG STAMPED "PULLEY LS7793"

WITH RIVET IN CONCRETE

EXTERIOR BOUNDARY LINES

NEW LOT LINES CREATED BY THIS MAP

ADJACENT BOUNDARY LINES

CENTERLINE OF RIGHT OF WAY

EXISTING EASEMENT LINES

PROPOSED EASEMENT LINES

Business Agenda Item 5b

STAFF REPORT
City Council Business Agenda Item

DATE: May 16, 2022
TO: Honorable Mayor and Councilmembers
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing to Hold the Second Reading Amending the Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (RM); 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 Fortuna Zoning Map from Residential Single Family (R-1-6) to Residential Multifamily (R-M) by holding the second reading of Ordinance2022-754.

This is a second reading for the above-described Zoning Map amendments. The General Plan land use map was modified from Residential Low (RL) to Residential Medium (RM) by Council adoption of Resolution 2022-13. The Zoning Map amendments require a second reading of Ordinance 2022-754. There have been no changes since the first reading was held on May 2, 2022, and staff has not received any public comments or any new information. The following is information presented to the Council in the May 2nd staff report.

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 13
th 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) Business Agenda Item 5b

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) 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 too 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.

Business Agenda Item 5b

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.

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 hold the second reading and adopt Ordinance 2022-754, read by title only. Roll call vote.

ATTACHMENTS:
 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—Zoning Map Amendments
 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
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 16th day of May 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 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
Business Agenda Item 5b

282077.v2

STAFF REPORT
City Council Business Agenda Item
DATE: May 16, 2022
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Mandatory Organic Waste Disposal Ordinance Review STAFF RECOMMENDATION:

Introduce and conduct first reading of Ordinance 2022-755 adding Chapter 8.14 to the Fortuna Municipal Code establishingmandatoryorganicwaste disposalreduction regulationstoimplement and enforce CalRecycle organics regulations and SB 1383.

EXECUTIVE SUMMARY:

In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in varioussectors of California's economy. The new law codifies the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants. Actions to reduce short-lived climate pollutants are essential to address the many impacts of climate change on human health, especially in California's most at-risk communities, and on the environment.

From 2016-2020, the California Department of Resources, Recycling and Recovery (CalRecycle) worked to develop regulations to achieve the goals of SB 1383. These new regulations were finalized by CalRecycle in November 2020. The regulations went into effect January 1, 2022 and every city and county in California is required to have an enforceable SB 1383 Ordinance in place by this date. The law establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). It also sets a goal to rescue at least 20% of currently disposed edible food by 2025 and redirect that food to people in need.

The state defines “Organic waste” as food, landscape and pruning trimmings, lumber, wood, manure, cardboard, paper products, printing and writing paper, and other plant and animal- based products. The SB 1383 regulations require that jurisdictions conduct education and outreach on organics recycling to all residents, businesses (including those that generate edible food that can be donated), haulers, solid waste facilities, and local food banks and other food recovery organizations.

Business Agenda Item 5b

282077.v2
With the delaysin finalizing the SB 1383 regulations, CalRecycle has prioritized three components of the regulations to be in place prior to January 2022: an enforceable ordinance, an edible food recovery program, and mandatory organics collection. As a response to the challenges created by the COVID-19 pandemic and the associated delays in rulemaking for SB 1383, Governor Newsom signed Senate Bill 619, which allows agencies to request that CalRecycle waive finesfor non-compliance by January1, 2022. The fines would only be waived for agencies that have a "Notice of Intent to Comply" (NOIC) on file with CalRecycle by March 2022.

The City Council authorized the City Manager to submit the Notice of Intent to comply on February 22, 2022, which was submitted by the City Manager on February 24, 2022.

There are many parts of SB 1383 that will take time and effort to develop and implement. The City is working on an Implementation Plan in collaboration with the HWMA and other jursidictions in Humboldt County. A part of that effort was the development of a roadmap of options for how we might look to identify the requirements of the various portions of the new regulations. The City will have to make changes to the City's waste collection, recycling, and organics programs in the next few years to satisfy the requirements of SB 1383.

Ordinance 2022-755 will satisfy the City’s requirement to adopt an enforceable ordinance, but delay implementation of the requirements until January 1, 2023. If changes need to be made before the effective date, or the effective date is changed, that will remain an option for the City.

It is important for the City to adopt this ordinance now so that the City can qualify for the local assistance grant that it applied for to fund some of the planning work required to comply with SB 1383. The City will receive a minimum of $20,000 that will fund staff and consultant efforts currently underway, provided that an ordinance is adopted prior to June 14, 2023.

A workshop was held on May 2, 2022, at which the council reviewed the draft ordinance and received input from the public. Linda Wise with Recology was also present, and answred questions regarding the draft ordinance and how the ordinance would impact collection programs within the City.

Gary Bell of the Colantuono, Highsmith, & Whatley Law firm that has been assisting the City with the development of the draft ordinance and negotiating the franchise agreement will be on hand to answer questions regarding the draft ordinance.

The next step after adopting the ordinance will be for the City to update the solid waste franchise agreement with Recology to reflect SB 1383 requirements that the City will be requesting they complete as a part of their contract with the City. As a part of that process, it will be necessary to review potential rate changes to support the new organic collection and recycling requirements.

Additionally, staff is considering adding a staff position to the city organizational chart to be responsible for activities necessary for compliance with SB 1383.

Some of the key components of the legislation related to the ordinance are described in more detail below.

Business Agenda Item 5b

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SUMMARY OF KEY COMPONENTS OF SB 1383
Organics and Recycling Collection
Jurisdictions are required to provide organic waste collection to all residents and businesses, which means providing service automatically and not relying on the generator to subscribe.

SB 1383 requires specific colors for waste collection containers: trash containers must be grey or black, organics containers must be green, and recycling containers must be blue. All new containers must be clearly labeled with what does and does not go into them. • Beginning in 2022, SB 1383 requires every jurisdiction to provide organic waste collection servicesto all residents and businesses.Thisis what we referto as automatically providing service, mandatory service, or universal service, in which the resident or businessis automatically provided the service. The City has identified January 1, 2023 as the intended date to comply with this requirement in the NOIC, as equipment is not available to be able to collect this waste until then, and there is currently no place to take organic waste to for recycling.
• The regulations require contamination monitoring in curbside collection containers. This will be delegated to the City’s waste hauler in an update of the Franchise agreement.

Edible Food Recovery
The City must identify the edible food recovery generators that are required to implement edible food recovery programs, connect them with local food recovery organizations, provide annual outreach to the edible food generators about their requirements under SB 1383, and perform annual inspections to ensure they have contracts in place with edible food recovery organizations, and are keeping records of all recovered edible food
Education and Outreach
The law will require the City to conduct specific outreach to residents, schools, businesses, edible food generators, on an annual basis. The outreach must be translated into multiple languages, based on the most recent census results.

Procurement Requirement
Beginning January 1, 2022, the City must annually procure a certain quantity of recovered organic waste products. Jurisdictions can fulfill their target by procuring recycled organic waste products like compost, mulch, renewable natural gas (RNG), electricity, and recycled-content paper and paper products. This requirement has also been delayed and documented in the NOIC submitted by the City and will be implemented at a future date.
• Organic Waste Product Requirements
Each jurisdiction will have a minimum procurement target for recycled organic waste products that is calculated based on its population. CalRecycle will provide a calculator for a jurisdiction to use to calculate progress towards meeting their target. CalRecycle will notify jurisdictions of their target prior to January 1, 2022. This component of the regulation is subject to significant future regional discussion and coordination as most Business Agenda Item 5b

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jurisdictions are unclear as to the mechanisms and operational capacity to procure, use, and place large quantities of compost or mulch.
• Recycled-Content Paper and Paper Product Requirements All City departments that make paper purchases will be required to purchase and keep purchase records for paper products that contain postconsumer recycled content and are recyclable.

Capacity Planning
The City must collaborate with the County and the other jurisdictions located within the county to determine the necessary organic waste recycling and edible food recovery capacity needed to divert organic waste and edible food from the landfill as required under the regulations.

Jurisdictions must do an annual compliance review of commercial businesses to ensure they are subscribed to collection service. This requirement was previously established by California's Mandatory Commercial Organics Recycling law (AB 1826, Chesbro, Chapter 727, Statutes of 2014).

Contamination Monitoring
The regulations require waste audits to be conducted on each trash, recycling, and organics route regularly, to check bins for contamination (recycling and organics not being sorted correctly).

Specific recording, reporting and follow-up is required for any contamination that is found. This will likely be included in an updated franchise agreement with Recology.

In addition to the main six elements outlined above the City is required to implement enforcement mechanism and provide annual reports to CalRecycle regarding our compliance.

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 first reading and adopt Ordinance 2022-755, by title only. Roll Call vote.

ATTACHMENTS:
 Ordinance No. 2022-755, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Adding Chapter 8.14– Organic Reduction and Recycling Ordinance -1-
ORDINANCE 2022-755

ORGANICS REDUCTION AND RECYCLING ORDINANCE

TABLE OF CONTENTS
SECTION 1. CODE AMENDMENT. ORGANICS REDUCTION AND RECYCLING ORDINANCE..........................................................................................................................................2

8.14.010. PURPOSE AND FINDINGS............................................................................................. 2

8.14.020. TITLE OF ORDINANCE.................................................................................................. 3

8.14.030. DEFINITIONS ................................................................................................................... 3

8.14.040. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS ................................... 12

8.14.050. REQUIREMENTS FOR COMMERCIAL BUSINESSGENERATORS INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS....................................................................... 13

8.14.060. WAIVERS FOR GENERATORS................................................................................... 16

8.14.070. REQUIREMENTS FOR COMMERCIAL EDIBLE FOODGENERATORS ........... 17

8.14.080. REQUIREMENTS FOR FOOD RECOVERYORGANIZATIONS AND SERVICES ............................................................................................................................................................ 19

8.14.090. REQUIREMENTS FOR REGULATED HAULERS ANDFACILITY OPERATORS ............................................................................................................................................................ 21

8.14.100. REQUIREMENTS FOR SELF-HAULERS .................................................................. 22

8.14.110. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS ................. 23

8.14.120. Model Water Efficient Landscaping Ordinance Requirements................................. 24

8.14.130. DELEGATION OF AUTHORITY................................................................................. 25

8.14.140. INSPECTIONS AND INVESTIGATIONS.................................................................... 25

8.14.150. ENFORCEMENT ............................................................................................................ 26

8.14.160. LOCAL REGULATION AND OPT-IN PROVISIONS............................................... 27 SECTION 2. CODE AMENDMENT …………………..…………………………………………………27 SECTION 3. SEVERABILITY……………………………………………………………………27
SECTION 4. EFFECTIVE DATE AND REPEAL OF ORDINANCE 2022-755 ...........................27 -2-
ORDINANCE 2022-755

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA, ORGANICS

REDUCTION AND RECYCLING
The City Council of the City of Fortuna hereby ordains as follows:

SECTION 1. CODE AMENDMENT. ORGANICS REDUCTION AND RECYCLING

ORDINANCE
Chapter 8.14 of the Fortuna Municipal Code is hereby added to read as follows.

8.14.010. PURPOSE AND FINDINGS
(a) The purpose of this chapter is to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators. This Ordinance seeks to provide a single comprehensive framework to achieve its purposes and comply with various state laws as set forth below.
(b) The CITY has the power to enact this Ordinance pursuant to its police powers. (c) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which among other things, added Division 30 (Section 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(d) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling service and requires jurisdictions to implement a Mandatory Commercial Recycling program.
(e) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of Solid Waste, recycling, and Organic Waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and to implement a Mandatory -3-
Commercial Organics Recycling program.
(f) State organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the State of California on September 19, 2016, which added Sections 39730.5, 39730.6, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), took effect on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets with compliance required beginning January 1, 2022.
(g) In furtherance of the food recovery objectives of the laws noted above and to reduce legal risks associated with food recovery, the State food donation law, Assembly Bill 1219 of 2017, the California Good Samaritan Food Donation Act of 2017 (approved by the Governor of the State of California on October 9, 2017, which amended Section 1714.25 of the Civil Code, amended Section 58502 of, and repealed Section 58506 of, the Food and Agricultural Code, and amended Sections 114432, 114433, and 114434 of, and added Section 114435 to, the Health and Safety Code, as amended, supplemented, superseded and replaced from time to time), provides additional protections for entities that donate and distribute food for human consumption.
(h) By January 1, 2022, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations.

8.14.020. TITLE OF ORDINANCE
This Ordinance is titled “Organics Reduction and Recycling Ordinance”.

8.14.030. DEFINITIONS
The following definitions govern the use of terms in this Ordinance:
(a) “Humboldt County” means all of the geographical areas located within the unincorporated areas of Humboldt County, as well as those incorporated areas of Humboldt County that have opted-in to this ordinance.
(b) “Back-Haul” means generating and transporting Organic Waste to a destination owned and -4-
operated by a generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(c) “C&D” means construction and demolition debris.
(d) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
(e) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (f) “Certification of Recycling Service Form” means documentation certifying that a Commercial Business does not subscribe to collection services for Compost Containers and/or Recycling Containers because the Commercial Business has arranged for collection of its Source Separated Compost Container Organic Waste and/or Source Separated Recyclable Materials by self-hauling, Back-Haul, contracting with a third party hauler (provided that such contract does not violate any exclusive rights granted to any Regulated Hauler by the City), or shares service with another Commercial Business. (g) “CITY” means the City of Fortuna.
(h) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, institution or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or a Multi- Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). (i) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(j) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(k) “Compliance Review” means a review of records by the Enforcement Agency to evaluate compliance with this Ordinance.
(l) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Waste that is Source Separated from the municipal Solid Waste stream, or which is separated at a centralized facility. -5-
(m) “Compost Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Compost Container Organic Waste.
(n) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 and D6868 standards for compostability and are certified by the Biodegradable Products Institute (BPI) or similar third-party approved by the CITY, and are approved by the CITY for placement in the Compost Container. (o) “Container Contamination” or “Contaminated Container” means a container, regardless of type, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(p) “Designee” means an entity that the CITY contracts with or otherwise arranges to carry out or assist with any of CITY’s responsibilities for compliance with the SB 1383 Regulations or administration or enforcement of this chapter. A Designee may be a government entity, a private entity, or a combination of those entities.
(q) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq.
(r) “Enforcement Action" means an action of the City to address non-compliance with this Ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(s) “Enforcement Agency” means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this Ordinance. Nothing in this Ordinance authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity.
(t) “Excluded Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the CITY and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of the CITY or a Regulated Hauler operating in that CITY’s jurisdiction would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the CITY or a Regulated Hauler to potential liability; but not including de minimis volumes or concentrations of waste of a type and -6-
amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the CITY’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the CITY or the Regulated Hauler providing service to the generator. (u) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(v) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (w) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). (x) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Ordinance.
(y) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(z) “Food Scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
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(aa) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(bb) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza boxes, and is approved by the CITY for placement in the Compost Container. (cc) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics in combination or separately.
(dd) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(ee) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the CITY’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ff) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code. (gg) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(hh) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code. (ii) “Inspection” means an Enforcement Agency’s electronic or on-site review of records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). (jj) “Landfill Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Landfill Container Waste.
(kk) “Landfill Container Waste” means Solid Waste that is collected in a Landfill Container that is part of a three-container or three-plus container collection service that prohibits the placement of Organic Waste in the Landfill Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (Three container collection service refers to service collecting materials in Landfill Containers, Organics Containers, and Recycling Containers.)
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(ll) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Ordinance. For the purposes of this definition of Large Event, “local agency” means all public agencies except those that are not subject to the regulatory authority of the CITY.
(mm) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance. (nn) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
(oo) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five or more dwelling units. Multi-Family premises are considered a distinct type of Commercial Business for the purposes of implementing this Ordinance. Consistent with the SB 1383 Regulations, residential premises that consist of fewer than five units are not “Multi-Family” and instead are “Single-Family” for the purposes of implementing this Ordinance. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of Commercial Businesses.
(pp) “Non-Compostable Paper” includes, but is not limited to, paper that is coated, lined or treated with a non-compostable material, or otherwise unacceptable to the compostable materials handling facility processing the material.
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable materials including but not limited to recyclable food and beverage glass containers, metal (aluminum and steel) food and beverage cans, HDPE (high density polyethylene) bottles and PET (polyethylene terephthalate) bottles, and other materials specified in 14 CCR Section 18982(a)(43).
(rr) “Notice of Violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR -9-
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. (ss) “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(tt) “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(vv) “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.
(ww) “Printing and Writing Paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(xx) “Prohibited Container Contaminants” includes all of the following: (i) materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the CITY’s Recycling Container; (ii) materials placed in the Compost Container that are not identified as acceptable Source Separated Compost Container Organic Waste for the CITY’s Compost Container; (iii) materials placed in the Landfill Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Compost Container Organic Waste that can be placed in the CITY’s Compost Container and/or Recycling Container; and, (iv) Excluded Waste placed in any container.
(yy) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(zz) “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Recycling Container Organic Waste. (aaa) “Regulated Hauler” means a Person that collects Solid Waste (other than Solid Waste generated by a permitted building project) originating in the CITY from Compost Containers, Recycling Containers, and/or Landfill Containers, and does so under a contract, franchise agreement, or permit with the CITY..
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(bbb) “Remote Monitoring” means the use of mechanical or electronic devices to identify the types of materials in Recycling Containers, Compost Containers, and/or Landfill Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
(ccc) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(ddd) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical or electronic Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(eee) “SB 1383” means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.
(fff) “SB 1383 Regulations” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(ggg) “Self-Hauler” means a Person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another Person for disposition as allowed by the CITY and otherwise in accordance with all applicable laws. Self-Hauler also includes a Person who Back-Hauls such materials, and as otherwise defined in 14 CCR Section 18982(a)(66). (hhh) “Single-Family” means, for purposes of this chapter, of, from, or pertaining to any residential premises with fewer than five units.
(iii) “Solid Waste” has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that -11-
has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code.
(jjj) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Landfill Container Waste or other Solid Waste for the purposes of collection and processing.
(kkk) “Source Separated Compost Container Organic Waste” means Source Separated Organic Waste that can be placed in a Compost Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Recycling Container Organic Waste, carpets, Non- Compostable Paper, and textiles. (lll) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Recycling Container Organic Waste. (mmm)“Source Separated Recycling Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Recycling Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables, as defined herein or as otherwise defined in Sections 18982(a)(43) and 18982(a)(46). Source Separated Recycling Container Organic Waste shall include materials as determined by the CITY and includes unsoiled Paper Products and Printing and Writing Paper.
(nnn) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ooo) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
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If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Ordinance.
(ppp) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition as to entities subject to the regulatory authority of the CITY, the definition in 14 CCR Section 18982(a)(74) shall apply to this Ordinance. (qqq) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

8.14.040. REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Except Single-Family Organic Waste Generators that meet the Self-Hauler requirements in Section

8.14.100 and/or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12), Single-Family generators shall:
(a) Be subscribed to the collection service(s) approved by the CITY for Compost Containers, Recycling Containers, and Landfill Containers. The CITY shall have the right to review the number and size of a generator’s containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A Single-Family generator shall adjust its service level for its collection services as requested by the CITY in order to meet the standards set forth in this Ordinance. Generators may manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
(b) Participate in the Organic Waste collection service(s) approved by the CITY by placing designated materials in designated containers as described below, and not placing Prohibited Container Contaminants in collection containers. Generator shall place Source Separated Compost Container Organic Waste, including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill -13-
Container Waste in the Landfill Container; in each case, solely to the extent such materials are acceptable materials in the applicable container under the franchise agreement between the CITY and a Regulated Hauler. Generators shall not place materials designated for the Landfill Container into the Compost Container or the Recycling Container. (c) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

8.14.050. REQUIREMENTS FOR COMMERCIAL BUSINESS GENERATORS

INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS
Commercial Business Organic Waste Generators, including Multi-Family Residential Dwellings, shall:
(a) Except Commercial Businesses that meet the Self-Hauler requirements in Section

8.14.100 and/or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12):
(1) Be subscribed to collection service(s) approved by the CITY for Compost Containers, Recycling Containers, and Landfill Containers and comply with requirements of those services as described below. The CITY shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the CITY.
(2) Participate in collection services approved by the CITY for Organic Waste collection service(s) by placing designated materials in designated containers as described below. Generator shall place Source Separated Compost Container Organic Waste, including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill Container Waste in the Landfill Container; in each case, solely to the extent such materials are acceptable materials in the applicable container under the franchise agreement between the CITY and a Regulated Hauler. Generator shall not place materials designated for the Landfill Container into the Compost Container or Recycling Container.
(b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (c)(1), (c)(2), and (d) below) for employees, contractors, tenants, and customers, consistent with the Recycling Container, Compost Container, and Landfill Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 8.14.100.
(c) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials generated by that business in all areas where the Commercial Business provides disposal containers for employees, contractors, tenants, customers and other users of the -14-
premises (“User Disposal Containers”). Such User Disposal Containers do not need to be provided in restrooms. If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of User Disposal Container, then the business does not have to provide that particular type of container in all areas where User Disposal Containers are provided. Pursuant to 14 CCR Section 18984.9(b), the User Disposal Containers provided by the business shall have either:
(1) A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for Landfill Container Waste, blue containers for Source Separated Recyclable Materials, and green containers for Source Separated Compost Container Organic Waste. Notwithstanding the foregoing, a Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2023, that do not comply with the color requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2023.
(d) For Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials in all common areas where those materials are being generated and disposal containers are provided for tenants, and in areas for internal consolidation of materials that are later deposited in Organics Containers, Recycling Containers, and Landfill Containers for collection by Regulated Haulers. Such containers do not need to be provided in restrooms accessible from common areas of the Multi-Family Dwelling. Such containers shall comply with the color and labeling requirements specified in subsections (c)(1) and (c)(2) above.
(e) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the Recycling Container, Compost Container, and Landfill Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 8.14.100. (f) Periodically inspect Recycling Containers, Compost Containers, and Landfill Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) Annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Source -15-
Separated Compost Container Organic Waste and Source Separated Recyclable Materials. (h) Provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days’ notice to before moving out, that describes requirements to keep Source Separated Compost Container Organic Waste and Source Separated Recyclable Materials separate from each other and from Landfill Container Waste and the location of containers and the rules governing their use at the property. (i) Provide or arrange access for the Enforcement Agency to their properties during all Inspections conducted in connection with this Ordinance and timely provide documents requested by the Enforcement Agency to confirm compliance with the requirements of this chapter.
(j) Accommodate and cooperate with any Remote Monitoring program established by a Regulated Hauler or the CITY for Inspection of the types of materials placed in containers for Prohibited Container Contaminants to evaluate generator’s compliance with subsection (a)(1) above. Notwithstanding any other provision of this chapter, Remote Monitoring equipment may not be installed on or in any containers or other property owned by a Regulated Hauler without the CITY providing at least 30-days’ written notice thereof to the Regulated Hauler and such Regulated Hauler shall be entitled to reimbursement from CITY for any costs or expenses incurred as a result of any damage to the Regulated Hauler’s equipment as a result of the installation by CITY or its contractors of any Remote Monitoring equipment.
(k) At Commercial Business’ option and subject to approval by the Enforcement Agency, implement its own Remote Monitoring program for self-inspection of the types of materials placed in Recycling Containers, Compost Containers, and Landfill Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Purchase and maintenance of the Remote Monitoring program shall be the responsibility of the Commercial Business. (l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws. (m) The Enforcement Agency for the provisions of this section is the CITY, and any other Designee of the CITY.
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8.14.060. WAIVERS FOR GENERATORS
(a) De Minimis Waivers. Except for Multi-Family Residential Dwellings, the Enforcement Agency may waive a Commercial Business’ obligation to comply with some or all of the Organic Waste collection service requirements of this chapter if the Commercial Business provides documentation demonstrating that the business generates below a certain amount of Organic Waste material, as described in subsection (a)(2) below. A Commercial Business requesting a de minimis waiver shall:
(1) Submit an application to the Enforcement Agency specifying the service or requirements for which it is requesting a waiver.
(2) Provide documentation with the application that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recycling Container or Compost Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, (B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recycling Container or Compost Container comprises less than 10 gallons per week per applicable container of the business’ total waste. (C) For the purposes of subsections (a)(2)(A) and (a)(2)(B) above, total Solid Waste shall be the sum of weekly Landfill Container Waste, Source Separated Recyclable Materials, and Source Separated Compost Container Organic Waste measured in cubic yards.
(3) If the waiver is granted, notify the Enforcement Agency granting the waiver if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case the waiver will be rescinded. (4) If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the Enforcement Agency every 5 years. (b) Physical Space Waivers. The Enforcement Agency may waive a Commercial Business’ or property owner’s (including a Multi-Family Residential Dwelling’s) obligation to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this chapter if the Enforcement Agency has evidence from a Regulated Hauler, licensed architect, licensed engineer, or other Person authorized by the Enforcement Agency demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.14.050.

A Commercial Business requesting a physical space waiver shall:
(1) Submit an application to the Enforcement Agency specifying the service or -17-
requirements for which it is requesting a waiver.
(2) Provide documentation with the application that the premises lacks adequate space for Recycling Containers and/or Compost Containers, which shall include documentation from its Regulated Hauler, licensed architect, licensed engineer, or other Person authorized by the Enforcement Agency.
(3) If the waiver is granted, notify the Enforcement Agency granting the waiver if the Commercial Business’ physical space configurations or amounts of Solid Waste generation change, in which case the waiver may be rescinded. (4) If the waiver is granted, provide written verification to the Enforcement Agency of continued eligibility for a physical space waiver every five years. (c) Collection Frequency Waiver. The Enforcement Agency, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the CITY’s threeor, if relevant, three-plus container Organic Waste collection service to arrange for the collection of their Recycling Container, Landfill Container, or both once every fourteen days, rather than once per week.
(d) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

8.14.070. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2023, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024 or such later deadline established by State law or regulations. (c) Commercial Edible Food Generators shall comply with the following requirements:
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(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with Food Recovery Organizations Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service. (4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
(5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(6) Allow the Enforcement Agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self- hauled. -19-
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(D) If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to subsection (c)(2) above, a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
(8) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the Enforcement Agency that includes the information in Section 8.14.070(c)(7).

Entities shall provide the requested information within 60 days of the request. (d) Nothing in this Ordinance shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations.
(e) Nothing in this Ordinance prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
(f) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

8.14.080. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND

SERVICES
(a) Nothing in this Ordinance prohibits a Food Recovery Service or Food Recovery Organization from refusing to accept edible food from a Commercial Edible Food Generator, in accordance with 14 CCR Section 18990.2(d). (b) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
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(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (c) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the CITY the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) according to the following schedule: (i) no later than August 15, 2023, submit an initial report covering the period of January 1, 2023 to June 30, 2023; and (ii) no later than March 31, 2024, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.
(e) In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the Enforcement Agency regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the CITY and Commercial Edible Food Generators in the City A Food Recovery Service or Food Recovery Organization contacted by the Enforcement Agency shall respond to such request for information within 60 days, -21-
unless a shorter timeframe is otherwise specified by the Enforcement Agency. (f) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

8.14.090. REQUIREMENTS FOR REGULATED HAULERS AND FACILITY

OPERATORS
(a) Requirements for Regulated Haulers.
(1) A Regulated Hauler providing Single-Family, Commercial, or industrial Organic Waste collection service to generators within the City shall meet the following requirements and standards in connection with collection of Organic Waste:
(A) Through written notice to the CITY annually on or before March 31, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Compost Container Organic Waste.
(B) Transport Source Separated Recyclable Materials to a facility that recycles those materials and transport Source Separated Compost Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) Obtain approval from the CITY to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.14.130, and any CITY rules.
(2) The Enforcement Agency for the provisions of this subsection (a) is the CITY and any other Designee of the CITY.
(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon request from the CITY, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about through put and permitted capacity necessary for planning purposes. (2) Community Composting operators shall, upon request from the CITY, provide within 60 days information to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation.
(3) The Enforcement Agency for the provisions of this subsection (b) is the CITY and any Designee of the CITY.
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8.14.100. REQUIREMENTS FOR SELF-HAULERS
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the CITY otherwise requires generators to separate for Collection in the CITY’s organics and recycling collection program) generated or handled on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Compost Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self- Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. Self-Haulers may Back-haul to a destination owned and operated by the generator using the generator’s own employees and equipment and then haul those consolidated materials to facilities meeting the requirements of this subsection (b) or otherwise dispose of the waste, recyclables, and organic waste in a manner consistent with this Ordinance.
(c) Self-Haulers shall certify at least once every five (5) years to compliance with this section, on a form provided by the City, as a precondition to self-hauling, and upon every change of address.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Enforcement Agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the material. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(e) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall submit a Certification of Recycling Service Form to the Enforcement Agency for review for compliance if they do not also subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler.

Applications will be considered for approval to the extent permitted by other applicable laws.
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(f) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall submit a new Certification of Recycling Service Form to the Enforcement Agency for compliance review every five years, if they do not also subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler.
(g) Self-Haulers shall notify the Enforcement Agency if they subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler, such that they are no longer Self-Haulers.
(h) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information, upon request, collected in subsection (c) above to the Enforcement Agency. Entities shall provide the requested information within 60 days. (i) A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in subsections (d) through (g) above. (j) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

8.14.110. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to Jurisdiction’s building and/or planning code for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction’s permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for MultiFamily and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container program offered by the Jurisdiction, or shall comply with provision of adequate space -24-
for recycling for Multi-Family and Commercial premises pursuant to Sections

4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Jurisdiction’s C&D ordinance, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

8.14.120. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE

REQUIREMENTS
(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this section. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
(c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch.

Designated insect habitat must be included in the landscape design plan as such.
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(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) above shall consult the full MWELO for all requirements. (d) If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

8.14.130. DELEGATION OF AUTHORITY
(a) The City Council may delegate all CITY responsibilities and authority under this Ordinance, SB 1383, and SB 1383 Regulations including, but not limited to, those related to Organic Waste collection services, education, inspections and investigations, and Edible Food recovery services, to its Designee by:
(1) Contracts with haulers or other private entities; or (2) Agreements such as memorandums of understandings with other jurisdictions, entities, regional agencies as defined in Public Resources Code Section 40181, or other government entities, including environmental health departments. (b) The City Council may not delegate authority to impose civil penalties, or to maintain an action to impose civil penalties, to a private party.
(c) The City Manager shall have the authority to enter into agreements and contracts in furtherance of this chapter.

8.14.140. INSPECTIONS AND INVESTIGATIONS
The Enforcement Agency is authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with the provisions of this chapter for which it has enforcement authority by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, Regulated Haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 8.14.050(b), the Enforcement Agency may conduct container -26-
Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.14.050(j).
(a) A Person subject to the requirements of this chapter shall provide or arrange for access during all Inspections (with the exception of a private residential dwelling unit) and shall cooperate with the Enforcement Agency during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, inspection of Edible Food Recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of Remote Monitoring equipment, if a Remote Monitoring program is adopted and installation of such equipment is authorized pursuant to the terms of this chapter; or (iii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.14.150.
(b) Any records obtained by the Enforcement Agency during Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq. (c) The Enforcement Agency is authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(d) The Enforcement Agency shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this Ordinance. (e) The Enforcement Agency is the CITY and any Designee authorized by the CITY to enforce one or more sections of this chapter.

8.14.150. ENFORCEMENT
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of an administrative citation and assessment of a fine by the Enforcement Agency. Enforcement Actions under this Chapter are issuance of an administrative citation with a fine. The CITY’s procedures on imposition of administrative fines in Chapter 1.09 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter.
(b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as a misdemeanor or an infraction. The CITY may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The CITY may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of CITY staff and resources. (c) Enforcement pursuant to this Chapter may be undertaken by the Enforcement Agency. -27-
(d) Appeals Process. Persons subject to administrative enforcement of this Chapter may request an administrative hearing pursuant to Section 1.09.060.
(e) Education Period for Non-Compliance Beginning January 1, 2023, and through December 31, 2024. The CITY will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the CITY determines that Organic Waste Generator, Self-Hauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, the CITY shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2023, and that violations may be subject to administrative civil penalties from the CITY starting on January 1, 2024.
(f) Civil Penalties for Non-Compliance. Beginning January 1, 2023, if the CITY determines that an Organic Waste Generator, Self-Hauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue an administrative citation and take Enforcement Action, as needed.

8.14.160. LOCAL REGULATION AND OPT-IN PROVISIONS
(a) Nothing in this Ordinance shall be construed to prohibit the CITY from enacting and enforcing ordinances and regulations regarding the collection, transport, storage, processing, and deposit in landfill(s) of Solid Waste within its jurisdiction, including more stringent requirements than those in this Ordinance.

SECTION 2. CODE AMENDMENT. Section 8.12.030 of Chapter 8.12 of Title 8 of the Fortuna Municipal Code is hereby repealed.

SECTION 3. SEVERABILITY. If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application.

SECTION 4. EFFECTIVE DATE.
a) This Ordinance shall be posted at City Hall after its adoption and shall take effect commencing on January 1, 2023.

INTRODUCED AND FIRST READING PERFORMED on this 16th day of May 2022 by the following vote:
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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
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: May 16, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
*Monday, May 23, 2022
9:00 a.m.

Special 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 24, 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, June 6, 2022
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Verbal Report