621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 857 2859 9872 Password: 700811 We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.
1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Council Member Kyle Conley
Council Member Mike Losey
Council Member Kris Mobley
Mayor Pro Tem Mike Johnson
Mayor Tami Trent
Staff
City Manager Merritt Perry
City Clerk Siana L. Emmons
2. PRESENTATIONS / PROCLAMATIONS/INTRODUCTION OF NEW EMPLOYEES
3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Regular Meeting Agenda
Tuesday, January 3, 2023 at 6:00 pm
Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.
4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – December 19, 2022 (Regular Meeting) December 13, 2022 (Special Meeting)
b. Report of Disbursements
c. Proclamation of the City of Fortuna Confirming the Existence of a Local Emergency Due to Earthquake Damage, December 20, 2022
d. Edible Food Recovery Regional Participation
5. CITY COUNCIL BUSINESS
a. Second Reading: Organic Waste Disposal Ordinance Revision b. Public Hearing: First Reading to Consider, Repealing and Replacing Title 15, Building and Construction; Division I, Generally; Chapter 15.10, Building Codes with the 2022 California Building Codes as Mandated by the California Building Standard Commission and Department of Housing and Community Development, Ordinance 2023-758
6. CITY MANAGER’S REPORT
7. FUTURE AGENDA ITEMS
At this time, members of the Council may consider or request items to be placed on a future agenda through a consensus of the majority.
8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
Redwood Region Economic Development Corporation (RREDC), Parks & Recreation Commission Alternate
b. Council Member Mike Losey
Redwood Region Economic Development Corporation (RREDC) Alternate, Redwood Coast Energy Authority Alternate, Local Agency Formation Commission (LAFCO), Humboldt Transit Authority Alternate, Parks & Recreation Commission
c. Council Member Kris Mobley
Humboldt County Association of Governments (HCAOG) Alternate, Fortuna Business Improvement District (FBID), Historical Commission Alternate, Redwood Coast Energy Authority
d. Mayor Pro Tem Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission, Indian Gaming Commission Alternate
e. Mayor Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) Alternate
9. ADJOURN
In compliance with the Americans with Disabilities Act, if you need special assistance, a disabilityrelated modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 707-725-7600 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 12/29/2022 at 2:03 PM
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 843 1965 6336
Password: 236164
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 public meeting to order at 6:00 pm and led the flag salute.
ROLL CALL: Council Member Johnson - Present, Council Member Losey - Present, Council Member Stanfield - Present, Mayor Pro Tem Trent - Present, Mayor Long - Present
2. PRESENTATIONS / PROCLAMATIONS/NEW EMPLOYEE INTRODUCTIONS a. Introduction of the new Economic Development Specialist & Fortuna Business Improvement District Administrator Morgan Dodson Minutes:
City Manager Merritt Perry introduced Morgan Dodson as the new Economic Development Specialist & Fortuna Business Improvement District Administrator.
3. ORAL COMMENTS FROM THE PUBLIC
Minutes:
Arlene Spiers - Announced there would be a River Life Foundation Christmas dinner at the Veteran's Hall on December 25, 2022 from 1:00 - 3:00 pm. Those interested in volunteering can call 707-296-0415.
There being no additional public comments, Mayor Long closed the Oral Comment Regular Meeting Agenda
Minutes
Monday, December 19, 2022 at 6:00 pm
section.
4. CONSENT CALENDAR
Minutes:
PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. Council Member Losey moved, seconded by Mayor Pro Tem Trent to approve Consent Calendar items a - l. AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT:
None MOTION CARRIED: 5/0
a. City Council Minutes – December 5, 2022 (Regular Meeting) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Authorize the City Manager to Continue Teleconferenced Public Meetings for City Council and all City Committees, Commissions and Boards Pursuant to Assembly Bill 361, Resolution 2021-32
k. Supplemental Budget Request for $11,880 to Provide Supplemental Support for the Mill District Specific Plan
l. Supplemental Budget Request for the Purchase of Two Police Vehicles
5. CITY COUNCIL BUSINESS
a. Organic Waste Disposal Ordinance Revision
Minutes:
STAFF REPORT: City Manager Merritt Perry provided a staff report on revising Chapter 8.14 to the Fortuna organic waste disposal reduction regulations that implement and enforce CalRecycle organics regulations and SB 1383 compliance date from January 1, 2023 to July 1, 2023.
PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Stanfield to conduct first reading of Ordinance 2022-757, an Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance and continue the public hearing to January 3, 2023. Roll call vote. AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
6. CITY MANAGER’S REPORT
Minutes:
City Manager Merritt Perry provided a verbal report.
7. FUTURE AGENDA ITEMS
Minutes:
None
8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Mike Johnson
b. Council Member Mike Losey
c. Council Member Jeremy Stanfield
d. Mayor Pro Tem Tami Trent
e. Mayor Sue Long
9. SEATING OF CITY COUNCIL MEMBERS AND REORGANIZATION OF CITY COUNCIL
PROCEEDINGS
a. Accept the Certified Results of the Fortuna Municipal Election held November 8, 2022, Resolution 2022-36
Minutes:
STAFF REPORT: City Clerk Siana Emmons provided a staff report on declaring the results of the municipal election held November 8, 2022.
PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Stanfield to adopt Resolution 2022-36, a Resolution Of The City Council Of The City Of Fortuna Declaring The Results Of A Municipal Election Held November 8, 2022. Roll call vote. AYES: Council Members Johnson, Losey, Stanfield, Mayor Pro Tem Trent, Mayor Long NOES:
None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
b. Recognition and Comments for Outgoing Council Members Sue Long and Jeremy Stanfield
c. Oath of Office for Council Members-Elect Kyle Conley and Christina Mobley - Conducted by City Clerk
Minutes:
City Clerk, Siana Emmons, administered the Oath of Office to Council MembersElect Kyle Conley and Kris Mobley. d. Nominations for Mayor - Conducted by City Clerk. Roll call vote.
Minutes:
Council Member Johnson nominated Mayor Pro Tem Trent as Mayor. By Council consensus, Tami Trent was appointed Mayor.
e. Nominations for Mayor Pro Tem - Conducted by City Clerk. Roll call vote.
Minutes:
Mayor Trent nominated Council Member Johnson as Mayor Pro Tem and Council Member Mobley seconded the nomination. By Council consensus, Council Member Johnson was appointed Mayor Pro Tempore.
f. Appointment of Seats to Various Boards and Committees, by Mayor Minutes:
By City Council consensus, the list for Council Boards and Commissions 2023 was confirmed.
10. ADJOURN
Minutes:
CITY COUNCIL ACTION: Council Member Losey moved, seconded by Mayor Pro Tem Johnson to adjourn the meeting at 6:54 pm. MOTION CARRIED 5/0 Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) 621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 852 5190 1788
Password: 033454
*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 public meeting to order at 3:00 pm and led the flag salute.
ROLL CALL: Council Member Johnson - Present, Council Member Losey - Present, Council Member Stanfield - Present, Mayor Pro Tem Trent - Present, Mayor Long - Present
2. ORAL COMMENTS FROM THE PUBLIC
Minutes:
There being no public comments, Mayor Long closed the Oral Comment section.
3. DISCUSSION ITEMS
a. Appointments to Various Boards & Commissions
Minutes:
PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section.
b. Nominations for Mayor & Mayor Pro Tem
Minutes:
PUBLIC COMMENTS: There being no public comments, Mayor Long closed the public comment section.
Special Meeting
Minutes
Tuesday, December 13, 2022 at 3:00 pm
4. ADJOURN
Minutes:
CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Johnson to adjourn the meeting at 3:38 pm. MOTION CARRIED 5/0 Contact: Siana L. Emmons, City Clerk ([email protected] (707)725-7600) Consent Item 4b
STAFF REPORT
City Council Consent Item
DATE: January 3, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for December 21, 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:
December 21, 2022 $130,269.54
RECOMMENDED COUNCIL ACTION:
Informational Item. Receive report by Consent Agenda vote.
ATTACHMENTS:
Disbursements Detail Report for December 21, 2022
Amount
75299 12/21/2022 HORIZON BUSINESS PRODUCTS 257004 Lamination Service - CM 48.83 12/21/2022 2:34:32 PM Page 1 of 6
75298 12/21/2022 GROCERY OUTLET 40756723622248 Catering Supplies - River Lodge 117.92 75298 12/21/2022 GROCERY OUTLET 40756922212233 Catering Supplies - River Lodge 77.99 75299 12/21/2022 HORIZON BUSINESS PRODUCTS 256580 Supplies - Museum 77.66 75298 12/21/2022 GROCERY OUTLET 40756022282259 Catering Supplies - River Lodge 127.47 75298 12/21/2022 GROCERY OUTLET 40756524752243 Janitorial Supplies - River Lodge 12.99 75298 12/21/2022 GROCERY OUTLET 40756622702256 Janitorial Supplies - River Lodge 21.65 75297 12/21/2022 GRAINGER 9539393927 Supplies/Equipment Maint - WWTP 400 75297 12/21/2022 GRAINGER 9539393927 Supplies/Equipment Maint - WWTP 600.03 75297 12/21/2022 GRAINGER 9545600737 Supplies - WWTP 154.91 75295 12/21/2022 GHD INC 380-0023959 12th Street Integrated Stormwater Project 2467 75295 12/21/2022 GHD INC 380-0023959 12th Street Integrated Stormwater Project 8141.75 75296 12/21/2022 GOVERNMENTJOBS.COM INC INV-31949 NeoGov Software 11701.4 75293 12/21/2022 FORTUNA ELEMENTARY SCHOOL 120522 River Lodge Deposit Refund 12.5.22 200 75293 12/21/2022 FORTUNA ELEMENTARY SCHOOL 120722 River Lodge Deposit Refund 12.7.22 200 75294 12/21/2022 GARCIA'S FLORIST 567 Sympathy Flowers - PD 100 75292 12/21/2022 FORTUNA ACE HARDWARE 353361 Supplies - WWTP 118.39 75292 12/21/2022 FORTUNA ACE HARDWARE 353379 Janitorial Supplies - Parks 13 75292 12/21/2022 FORTUNA ACE HARDWARE 353380 Supplies - PD 9.96 75292 12/21/2022 FORTUNA ACE HARDWARE 353270 Supplies - Parks 23.85 75292 12/21/2022 FORTUNA ACE HARDWARE 353270 Supplies - Parks 9.75 75292 12/21/2022 FORTUNA ACE HARDWARE 353270 Supplies - Parks 6.07 75292 12/21/2022 FORTUNA ACE HARDWARE 353176 Supplies - Parks 31.44 75292 12/21/2022 FORTUNA ACE HARDWARE 353193 Credit Exchange - Parks -2.17 75292 12/21/2022 FORTUNA ACE HARDWARE 353218 Newburg Vandalism Repair 26.01 75292 12/21/2022 FORTUNA ACE HARDWARE 353115 Rohner Park Restroom Repair 72.27 75292 12/21/2022 FORTUNA ACE HARDWARE 353144 Kennel Supplies 27.1 75292 12/21/2022 FORTUNA ACE HARDWARE 353174 Supplies - PD 16.47 75292 12/21/2022 FORTUNA ACE HARDWARE 353086 Supplies - Parks 18.64 75292 12/21/2022 FORTUNA ACE HARDWARE 353086 Supplies - Parks 206.13 75292 12/21/2022 FORTUNA ACE HARDWARE 353086 Supplies - Parks 5.41 75292 12/21/2022 FORTUNA ACE HARDWARE 353004 Tools - General Services 24.71 75292 12/21/2022 FORTUNA ACE HARDWARE 353047 Vehicle Repair - PD 11.33 75292 12/21/2022 FORTUNA ACE HARDWARE 353086 Supplies - Parks 38.59 75290 12/21/2022 EUREKA OXYGEN CO A647815 Supplies - Shop 74.36 75291 12/21/2022 EUREKA RUBBER STAMP A35620 Council Name Plates 50.18 75292 12/21/2022 FORTUNA ACE HARDWARE 352795 Supplies - WWTP 6.5 75290 12/21/2022 EUREKA OXYGEN CO A647815 Supplies - Shop 74.34 75290 12/21/2022 EUREKA OXYGEN CO A647815 Supplies - Shop 74.34 75290 12/21/2022 EUREKA OXYGEN CO A647815 Supplies - Shop 74.34 75288 12/21/2022 DEPARTMENT OF JUSTICE 621948 Livescan Service 710 75289 12/21/2022 EASTHAM, AMY 121622 Monday Club Deposit Refund 250 75290 12/21/2022 EUREKA OXYGEN CO A647815 Supplies - Shop 74.34 75286 12/21/2022 BUCKLES-SMITH 3301154-00 Equipment Maintenance - WWTP 817.11 75287 12/21/2022 CAMPTON ELECTRIC SUPPLY 2280-1030985 Street Light Ballast 260.24 75287 12/21/2022 CAMPTON ELECTRIC SUPPLY 2280-1030985 Street Light Ballast -4.8 75284 12/21/2022 ASAP LOCK & KEY 22173 City Hall Key Copies 16.28 75284 12/21/2022 ASAP LOCK & KEY 22178 Key Copies - Unit 120 13.56 75285 12/21/2022 AT&T 5025 12220893 23484108935031 33.97 75283 12/21/2022 ANGEL ARMOR INV4837 Vest - Primofiore 1055.66 75284 12/21/2022 ASAP LOCK & KEY 22172 Shop Key Copies 19.73 75284 12/21/2022 ASAP LOCK & KEY 22172 Shop Key Copies 32.55 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 12/21/2022 - 12/21/2022
Payment Number Payment Date Vendor Name Payable Number Description (Item) 75282 12/21/2022 ADAMS COMMERCIAL GENERAL 121522 Streetlight Install Construction Bond Refund 21549 75283 12/21/2022 ANGEL ARMOR INV4837 Vest - Primofiore -82.7 Amount
75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 143.65 75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 143.65 12/21/2022 2:34:32 PM Page 2 of 6
75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 47.88 75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 47.88 75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 47.88 75315 12/21/2022 PLANWEST PARTNERS INC 22-193-MD06-LEAP Mill District Plan Draft Service 2812.5 75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 430.99 75316 12/21/2022 RAY MORGAN COMPANY INC 3929092 Print Services FY 22/23 335.19 75313 12/21/2022 PACE ENGINEERING 45365 Kenmar/Drak Hill Generator Project 179.19 75314 12/21/2022 PACE SUPPLY CORP 28127350-4 Supplies - Utilities 849.78 75315 12/21/2022 PLANWEST PARTNERS INC 22-193-HW05 Mill District Headwaters Grant Planning 3215.15 75312 12/21/2022 O'REILLY AUTOMOTIVE STORE 147398 Vehicle Repair - Utilities 44.25 75312 12/21/2022 O'REILLY AUTOMOTIVE STORE EB12073421 Sept 22 Eback Credit -5.43 75313 12/21/2022 PACE ENGINEERING 45365 Kenmar/Drak Hill Generator Project 537.56 75311 12/21/2022 ONTIVEROS & ASSOCIATES IN 5321 Loop/Ridgeway LLA Map Check 130 75312 12/21/2022 O'REILLY AUTOMOTIVE STORE 147354 Vehicle Repair - General Services 10.84 75312 12/21/2022 O'REILLY AUTOMOTIVE STORE 147371 Vehicle Repair - General Services 9.72 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 304.18 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 564.9 75311 12/21/2022 ONTIVEROS & ASSOCIATES IN 5320 Hoffman Ross Hill Merger Map Check 455 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 347.63 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 43.45 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 304.18 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 999.45 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 1621.58 75310 12/21/2022 NYLEX.NET 13045 Network Support FY 22/23 347.63 75309 12/21/2022 NORTHWESTERN PACIFIC RAIL 121022 Annual Membership Dues - Museum 45 75310 12/21/2022 NYLEX.NET 12982 Cables - PD 26.02
75310 12/21/2022 NYLEX.NET 13006 Parts/Software License - Planning 1242 75307 12/21/2022 NORTH COAST JOURNAL 2022104330 Notice of Public Hearing 119 75307 12/21/2022 NORTH COAST JOURNAL 2022ci-4239 Notice Inviting Bids 867 75308 12/21/2022 NORTH COAST LABORATORIES 167810 Lab Testing 510 75306 12/21/2022 MISSION LINEN INDUS SERV 518370772 Parks/Rink Linen Service 68.51 75306 12/21/2022 MISSION LINEN INDUS SERV 518398494 Janitorial Supplies - Parks 518.7 75306 12/21/2022 MISSION LINEN INDUS SERV 518398495 Janitorial Supplies - Parks 493.68 75306 12/21/2022 MISSION LINEN INDUS SERV 518370761 Corp Yard Linen Service 65.02 75306 12/21/2022 MISSION LINEN INDUS SERV 518370761 Corp Yard Linen Service 44.65 75306 12/21/2022 MISSION LINEN INDUS SERV 518370762 Wastewater Linen Service 84.04 75305 12/21/2022 MERCER FRASER COMPANY CM107909 Paid City of Ferndale Invoice in Error - Credit -444.31 75306 12/21/2022 MISSION LINEN INDUS SERV 518326661 Parks/Rink Linen Service 72.31 75306 12/21/2022 MISSION LINEN INDUS SERV 518343626 PD Mat Cleaning Service FY 22/23 39.28 75304 12/21/2022 MENDES SUPPLY INC M239573 Janitorial Supplies - Parks 346.71 75305 12/21/2022 MERCER FRASER COMPANY 108780 Aggregate Base 233.84 75305 12/21/2022 MERCER FRASER COMPANY 108781 Aggregate Base 590.75 75304 12/21/2022 MENDES SUPPLY INC M237851 Credit Soap Return - CH/PD -26.36 75304 12/21/2022 MENDES SUPPLY INC M237851 Credit Soap Return - CH/PD -26.37 75304 12/21/2022 MENDES SUPPLY INC M239573 Janitorial Supplies - Parks 658.24 75301 12/21/2022 INFINITE CONSULTING SERVICES 10348 Phone Support - Transit/River Lodge 806.25 75302 12/21/2022 MAD RIVER COMMUNITY HOSPITAL A0102452 Dodson Pre-employment Physical 262.5 75303 12/21/2022 MCCLIMON, RUTH 121622 Monday Club Deposit Refund Less Rental Fee 205 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP404555 Vet Services 350 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP404555 Vet Services 41.47 75301 12/21/2022 INFINITE CONSULTING SERVICES 10348 Phone Support - Transit/River Lodge 1125 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP403289 Donation Payment for Kitten Spay Service -80 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP403465 Vet Services 60 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP404208 Rabies Overcharge Credit 11.22 -14.5 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP402837 Vet Services 10.82 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP403234 Vet Services 170.82 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP403288 Adopted Kitten Payment For Inv #403465 -60 Expense Approval Report Payment Dates: 12/21/2022 - 12/21/2022 Payment Number Payment Date Vendor Name Payable Number Description (Item) 75300 12/21/2022 HUMBOLDT VETERINARY MEDICAL GRP402837 Vet Services 184.5 Amount
75337 12/21/2022 WQI 121922 Grade 3 WW TPO Cert Exam - M. Rogers 700 Grand Total: 130269.54
12/21/2022 2:34:32 PM Page 3 of 6
75335 12/21/2022 WHITCHURCH ENGINEERING COF-223900 Police Facility Remodel 6849 75336 12/21/2022 WOODS PEST CONTROL 1191779 Pest Control Services - CH/PD FY 22/23 42.5 75336 12/21/2022 WOODS PEST CONTROL 1191779 Pest Control Services - CH/PD FY 22/23 42.5 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 18.44 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 55.32 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 55.32 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 129.08 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 18.44 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 18.44 75332 12/21/2022 TIMES-STANDARD 135870 Craft Faire Advertising - River Lodge 103.58 75333 12/21/2022 TYLER TECHNOLOGIES INC 25-404423 Business License Software Update 250 75334 12/21/2022 US BANK EQUIPMENT FINANCE 489126250 MFP Lease FY 22/23 165.95 75331 12/21/2022 THATCHER COMPANY INC 2022400109323 Chemicals 1543.78 75331 12/21/2022 THATCHER COMPANY INC 2022400902054 Chemical Deposit Refund -450 75331 12/21/2022 THATCHER COMPANY INC 2022400902054 Chemical Deposit Refund -38.26 75331 12/21/2022 THATCHER COMPANY INC 2022250107705 Chemicals 2564.4 75331 12/21/2022 THATCHER COMPANY INC 2022250902279 Chemical Deposit Refund -1000 75331 12/21/2022 THATCHER COMPANY INC 2022400109323 Chemicals 300 75330 12/21/2022 TELSTAR INSTRUMENTS, INC 114582 Annual Gas Feed System Maintenance - WWTP 4296.25 75330 12/21/2022 TELSTAR INSTRUMENTS, INC 114582 Annual Gas Feed System Maintenance - WWTP 13697.41 75331 12/21/2022 THATCHER COMPANY INC 2022250107705 Chemicals 1000 75329 12/21/2022 SWRCB ACCOUNTING OFFICE WD-0212486 Annual Permit - Fac ID 1SSO10031 3453 75329 12/21/2022 SWRCB ACCOUNTING OFFICE WD-0212689 Annual Permit - Fac ID 1B83135OHUM 11961 75329 12/21/2022 SWRCB ACCOUNTING OFFICE WD-0212696 Annual Permit - Fac ID 4DW0023 794 75327 12/21/2022 STATEWIDE TRAFFIC SAFETY 9008289 Street Signs 202.04 75327 12/21/2022 STATEWIDE TRAFFIC SAFETY 9008289 Street Signs 202.05 75328 12/21/2022 SUNBELT RENTALS INC 133203064 Floor Buffer Pad - River Lodge 45.57 75326 12/21/2022 STAPLES BUSINESS CREDIT 7370137797 Supplies - Recreation 108.48 75326 12/21/2022 STAPLES BUSINESS CREDIT 7603095923 Supplies - Recreation 22.12 75326 12/21/2022 STAPLES BUSINESS CREDIT 7603095923 Supplies - Recreation 66.3 75325 12/21/2022 SPRINGVILLE SAFETY & SUPPLY 40138 Supplies - WWTP 48.83 75325 12/21/2022 SPRINGVILLE SAFETY & SUPPLY 40141 Supplies - WWTP 143.98 75326 12/21/2022 STAPLES BUSINESS CREDIT 7368550781 Receipt Books - Parks 23.32 75324 12/21/2022 SILKE COMMUNICATIONS 131898 Ear Piece - PD 55.82 75324 12/21/2022 SILKE COMMUNICATIONS 132295 Service Call - PD 214 75324 12/21/2022 SILKE COMMUNICATIONS CM131387 Apply Duplicate Payment Credit -67.15 75322 12/21/2022 SHINN, JEANETTE 121222 Winter Break Refund x1 Child 100 75323 12/21/2022 SHN CONSULTING ENG & GEOL 115065 P Street Sewer Project 1815 75323 12/21/2022 SHN CONSULTING ENG & GEOL 115454 P Street Sewer Project 2200 75319 12/21/2022 REMOTE SATELLITE SYSTEMS 120912 PD Satellite Phone Service FY 22/23 59 75320 12/21/2022 RON DUPRATT FORD 356313 Vehicle Repair - Utilities 276.96 75321 12/21/2022 SHAPE INC 1715 Equipment Maintenance - WWTP 2374.48 75317 12/21/2022 RAY'S FOOD PLACE 1740643 Catering Supplies - River Lodge 29.2 75317 12/21/2022 RAY'S FOOD PLACE 1740668 Supplies - Break Camp 18.95 75318 12/21/2022 REGIONAL TRAINING CENTER, THE 60177 UAS Basic Pilots Course (Drone) - PD 2997 Payment Number Payment Date Vendor Name Payable Number Description (Item) 75317 12/21/2022 RAY'S FOOD PLACE 113022 Apply Duplicate Payment Credit Balance -45.28 75317 12/21/2022 RAY'S FOOD PLACE 1740642 Catering Supplies - River Lodge 44.92 Expense Approval Report Payment Dates: 12/21/2022 - 12/21/2022 100-6300-1400 Advertising 119
100-6625-2000 Livescan Fees 710
12/21/2022 2:34:32 PM Page 4 of 6
100-5775-5600 Network Support 43.45
100-5900-4100 Tools & Small Equipment 24.71
100-5900-5450 Tools & Small Equipment 5.41
100-6025-1200 Professional Services 250
100-6025-2000 Professional Services 98.28
100-6025-9104 Professional Services 6849
100-5741-5450 Newburg Park Maintenance 18.64
100-5745-5450 Vandalism Repair 304.41
100-5775-1500 Network Support 999.45
100-5775-2000 Network Support 1621.58
100-5775-4000 Network Support 347.63
100-5775-5400 Network Support 347.63
100-5715-2000 Vehicle Repairs 80.24
100-5715-4100 Vehicle Repairs 20.56
100-5715-5450 Vehicle Repairs 74.34
100-5720-4100 Equipment Repair 74.34
100-5740-1500 Building Repair and Maintenance 42.5
100-5740-2000 Building Repair and Maintenance 42.5
100-5700-2000 Radio Equipment 202.67
100-5705-1500 Equipment Maintenance 596.94
100-5705-2000 Equipment Maintenance 464.27
100-5705-4000 Equipment Maintenance 66.32
100-5705-5450 Equipment Maintenance 66.32
100-5710-1500 Software Maintenance 11701.4
100-5500-2800 Department Supplies 27.1
100-5500-4100 Department Supplies 84.75
100-5500-5400 Department Supplies 153.92
100-5500-5450 Department Supplies 137.82
100-5500-5600 Department Supplies 77.66
100-5565-5450 Janitorial Supplies 1834.19
100-2300 Refundable Improvement Bond 21549
100-2460 Sales Tax Payable -82.7
100-4310 Summer Camps Revenue 100
100-5500-1000 Department Supplies 50.18
100-5500-1500 Department Supplies -10.08
100-5500-2000 Department Supplies 1081.74
352 - DWR-State Water Fund 8141.75
500 - Water Fund 8992.85
510 - Water Capital Fund 1046.19
550 - Wastewater Fund 38778.97
560 - Wastewater Capital Fund 4015
590 - TDA Transit Fund 806.25
Grand Total: 130269.54
Account Summary
Account Number Account Name Payment Amount
100 - General Fund 55362.43
101 - Transaction and Use Tax Fund 2467
120 - Development & Building Fund 585
160 - Riverlodge Fund 2886.51
250 - FBID Fund 262.5
280 - Gas Tax Fund 13.17
300 - Special Grants 6027.65
306 - Recycle-Parks 346.71
351 - FEMA Fund 537.56
Expense Approval Report Payment Dates: 12/21/2022 - 12/21/2022 Report Summary
Fund Summary
Fund Payment Amount
Grand Total: 130269.54
12/21/2022 2:34:32 PM Page 5 of 6
550-6045-6600 Laboratory Services 510
550-6612-6500 Permits 3453
550-6612-6600 Permits 11961
550-7000-6600 Travel, Conferences & Training 700
560-6025-9121 Professional Services 4015
590-6200-5000 Telephone 806.25
550-5555-6600 Plant Chemicals 4069.92
550-5705-6700 Equipment Maintenance 198.97
550-5720-6500 Equipment Repair 74.36
550-5720-6600 Equipment Repair 3191.59
550-5775-6700 Network Support 564.9
550-6025-6600 Professional Services 13697.41
500-6612-6000 Permits 794
510-5500-9114 Department Supplies 867
510-6005-9102 Engineering Services 179.19
550-1310 Chemical Tank Deposits -150
550-5500-6500 Department Supplies 143.98
550-5500-6600 Department Supplies 363.84
500-5705-6300 Equipment Maintenance 198.97
500-5715-6100 Vehicle Repairs 395.55
500-5720-6000 Equipment Repair 600.03
500-5775-6300 Network Support 304.18
500-6025-6000 Professional Services 4296.25
500-6200-6100 Telephone 33.97
306-5500-5400 Department Supplies 346.71
351-6005-9102 Engineering Services 537.56
352-6005-9101 Engineering Services 8141.75
500-5500-6000 Department Supplies 448.83
500-5500-6100 Department Supplies 1096.48
500-5520-6100 Base Materials 824.59
160-6300-5800 Advertising 103.58
250-6035-1800 Personnel Services 262.5
280-5500-4200 Department Supplies 202.04
280-5525-4200 Asphalt -444.31
280-5726-4200 Street Light Maintenance 255.44
300-6025-3200 Professional Services 6027.65
160-2222 River Lodge Deposits 400
160-5540-5800 Catering - Food 352.22
160-5565-5800 Janitorial Supplies 80.21
160-5705-5800 Equipment Maintenance 66.32
160-5775-5800 Network Support 304.18
160-6200-5800 Telephone 1125
100-7612-1100 Contingency 48.83
100-7612-2000 Contingency 100
100-8000-3200 Capital Outlay 1242
101-6005-9101 Engineering Services 2467
120-6005-3100 Engineering Services 585
160-2221 Monday Club Deposits 455
100-7015-5600 Dues & Subscriptions 45
100-7221-5400 School Recreation Program 18.95
100-7225-5400 Youth Sports League 66.3
100-7230-5400 Skating/Pavilion 6.07
100-7400-2800 Miranda's Rescue 630.82
100-7455-2800 Veterinary Expenses 32.29
Expense Approval Report Payment Dates: 12/21/2022 - 12/21/2022 Account Summary
Account Number Account Name Payment Amount
100-7000-2000 Travel, Conferences & Training 2997
Expense Approval Report Payment Dates: 12/21/2022 - 12/21/2022 Project Account Summary
Project Account Key Payment Amount
**None** 130269.54
Grand Total: 130269.54
12/21/2022 2:34:32 PM Page 6 of 6
Consent Item 4c
STAFF REPORT
City Council Consent Item
DATE: January 3, 2023
TO: Honorable Mayor and City Council Members
FROM: Siana Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Ratify the Proclamation Confirming the Existence of a Local Emergency in Response to the Earthquake Damage Caused December 20, 2022 STAFF RECOMMENDATION:
Ratify the Proclamation confirming a state of local emergency dated December 21, 2022.
Additionally it is recommended that the City Council review the City’s actions to date to respond to the earthquake and provide input on current and future actions.
EXECUTIVE SUMMARY:
California Government Code section 8630 and Ordinance 97-611 of the City of Fortuna empowers the City Manager (Director of Emergency Services) to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session. On December 21, 2022, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency in the City of Fortuna in response to the earthquake that took place on December 20, 2022. The proclamation was pursuant to Fortuna Municipal Code FMC 2.36.020(B), however, the City Council must ratify that declaration at the next regularly scheduled Council meeting or it shall have no further force or effect.
The Fortuna Municipal Code states that “at least every 21 days after the proclamation of a local emergency and until said local emergency is terminated, the City Council shall review the continuing need for a local emergency.”
The City may require additional assistance in the future, and a formal declaration of emergency allows additional resources to flow to the City in a timely fashion. The declaration of emergency also allows needed flexibility in staffing decisions and steps needed to continue to deliver essential services and to protect the City’s residents. The declaration enables the City to more effectively respond to the outbreak, and potentially obtain reimbursement for the response.
FINANCIAL IMPACT:
While there will be costs associated with City’s emergency response to the earthquake, continuing the declaration of a Local Emergency by the City Council has no direct cost impact.
However, it may enable potential external sources for reimbursement to costs associated with the City’s emergency response.
Consent Item 4c
RECOMMENDED COUNCIL ACTION:
Ratify the Proclamation confirming the existence of a local emergency to do earthquake damage and approve continuance of the declaration of a local emergency. Consent agenda vote.
ATTACHMENTS:
City of Fortuna Proclamation Declaring a State of Emergency due to Earthquake damage caused December 20, 2022
A PROCLAMATION OF THE CITY OF FORTUNA CONFIRMING THE
EXISTENCE OF A LOCAL EMERGENCY DUE TO EARTHQUAKE
DAMAGE, DECEMBER 20, 2022
(By the City Manager, Director of Emergency Services)
WHEREAS, Ordinance 97-611. of the City of Fortuna empowers the City Manager (Director of Emergency Services) to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS on December 20, 2022, a magnitude 6.4 earthquake occurred off the Northern California coastline near the City of Ferndale in Humboldt County, and 50+ aftershocks impacting local and tribal communities; and WHEREAS the earthquake resulted in strong motion shaking that damaged roads, bridges and buildings, including schools, and resulted in structure fires; and WHEREAS the earthquake has displaced hundreds of individuals, and resulted in multiple injuries and two fatalities; and
WHEREAS the earthquake has forced road closures, including closure of the Fernbridge on Highway 211; and
WHEREAS the earthquake has caused widespread power outages and communications cell tower outages, impacting thousands of customers in the City of Fortuna; and
WHEREAS the earthquake damaged critical lifeline infrastructure, including water lines and gas lines, impacting communities throughout the county; and WHEREAS under the provisions of Government Code section 8558(b), the Governor of the State of California findsthat conditions of extreme peril to the safety of persons and property exist in Humboldt County due to the earthquake; and NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout Fortuna, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city, and by the City of Fortuna Emergency Plan, as approved by the City Council.
Dated: December 21, 2022
By:
_____________________________________
City Manager (Director of Emergency Services)
City of Fortuna
Consent Item 4d
STAFF REPORT
City Council Consent Item
DATE: January 3, 2023
TO: Honorable Mayor and City Council
FROM: Merritt Perry, City Manager
SUBJECT: Letter of Commitment to Humboldt County for Participation in Regional Edible Food Recovery Effort for Compliance with SB 1383 STAFF RECOMMENDATION:
Authorize the City Manager to sign the attached letter to notify the Humboldt County of the City’s intent to participate in the regional effort of Edible Food Recovery Program to comply with SB 1383.
EXECUTIVE SUMMARY:
On February 22, 2022, the City of Fortuna passed Resolution 2022-03 authorizing the City Manager to submit a Notification of Intent to Comply with the requirements of California Senate Bill 1383 (SB 1383) to the California Department of Resources Recycling and Recovery, in accordance with California Senate Bill 619 (SB619). Resolution 2022-03 provided assurances to the State of California that the City of Fortuna will implement proposed actions to remedy violations and comply with required deadlines through a Corrective Action Plan.
In order to stay compliant, the city needs to develop an Edible Food Recovery Program, which Humboldt County Public Works has agreed to lead if they receive the assurances from the city that it will participate in the costs and development of the program.
It is anticipated that the County will seek a consultant to complete the effort and will include the following tasks:
1. Develop an Edible Food Recovery Capacity and Compliance Assessment Plan
2. Develop a Public Outreach and Education Plan
3. Develop a food recovery communication and tracking system for edible food generators and recovery organizations
4. Compile record keeping and inspection reports and prepare them for submission to CalRecycle (the regulatory agency for solid waste)
5. Identifying budget and long-term funding strategies for edible food recovery SB 1383 went into effect this year and jurisdictions that do not meet the requirements of this state law are subject to fines of $10,000 per day. Although, the City of Fortuna is continuing to Consent Item 4d
make progress towards full compliance with SB 1383, there are several challenging aspects of the city’s programs, which have not yet been fulfilled.
Implementation originally planned for Jan. 1, 2023, is anticipated to take up to one year longer.
City Staff are working with regional partners and internally to develop the programs necessary to comply with SB 1383. This is just one area that the City is currently working on. Other areas the city will be focusing on in the coming months are the following:
Participating with Humboldt Waste Management Authority to develop and operate a tipping floor to collect organic food waste
Updating City purchasing policies to incorporate use of recycled organic products Updating the Solid Waste Franchise Agreement with Recology to include universal collection and other SB 1383 compliance tasks
Developing record keeping and tracking mechanisms for organic waste Signing this letter of support is the next step for the county to initiate the project for edible food recovery and avoid fines. The attached letter indicates the City’s commitment and participate in a cost share of approximately $11,000 that is based on the proportional share of the county’s population.
FINANCIAL IMPACT
There is no financial impact involved with the approval of this letter of support, however the City would be committing to approximately $11,000 toward the development of the Edible Food Recovery Program costs. The Fiscal Year 2022-2023 budget includes $45,000 identified for special projects in Fund 210, Solid Waste and Recycling that will be used to fund the City’s share for this project. There is potential for fines of $10,000 per day if the city does not meet the requirements of SB 1383. Specific expenditures for compliance with SB 1383 programs will come to the council in the future if additional funding is required.
RECOMMENDED COUNCIL ACTION:
Motion to authorize the City Manager to sign the attached letter to notify Humboldt County Public Works of the city’s participation in the regional Edible Food Recovery Program. Consent agenda vote.
ATTACHMENTS:
Draft Humboldt County Edible Food Recovery Program Commitment Letter A
Business Item 5a
STAFF REPORT
City Council Business Item
DATE: January 3, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Organic Waste Disposal Ordinance Revision
STAFF RECOMMENDATION:
Staff recommends that the Council hold a public hearing, conduct a second reading and adopt Ordinance 2022-757, revising Chapter 8.14 to the Fortuna organic waste disposal reduction regulationsthat implement and enforce CalRecycle organics regulations and SB 1383 compliance date from January 1, 2023 to July 1, 2023.
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.
There are many parts of SB 1383 that will take time and effort to develop and implement. The City completed an Implementation Plan in collaboration with the HWMA and other jurisdictions in Humboldt County. A part of that effort was the development of a roadmap of options for how we Business Item 5a
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 was adopted by the council on June 2nd 2022 to satisfy the City’s requirement to adopt an enforceable ordinance, with implementation of the requirements delayed until January 1, 2023. Currently staff is still negotiating the franchise agreement changes with our franchise waste hauler (Recology) and do not anticipate being able to complete the franchise agreement changes until March of 2023. Additionally, Recology does not anticipate having the necessary equipment to implement mandatory collection (collection bins and trucks) of organic and solid waste, and currently there is not a regional facility that can process the organic waste for recycling.
The Humboldt Waste Management Authority (HWMA) is working on a project to create a tipping floor to process and haul organic waste to an approved facility. The soonest a facility would be available is July 1, 2023. Therefore, if the schedule for the HWMA facility is delayed, or Recology continues to experience supply chain delays for equipment, changes may need to be revised again in the future.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing
2. Receive staff presentation and review Council questions with staff
3. Open Public Comment
4. Close Public Comment
5. Motion to conduct second reading and adopt Ordinance 2022-757, by title only. Roll call vote.
ATTACHMENTS:
Ordinance No. 2022-757, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance -1-
ORDINANCE NO. 2022-757
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA CALIFORNIA, AMENDING TITLE 8 – HEALTH AND SAFETY OF THE FORTUNA MUNICIPAL CODE BY REVISING CHAPTER 8.14– ORGANIC REDUCTION AND
RECYCLING ORDINANCE
WHEREAS, the City of Fortuna (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, on June 6, 2022, the City Council passed and adopted Ordinance No. 2022-755, which added Chapter 8.14 to Title 8 of the Fortuna Municipal Code (“FMC”), to implement relevant provisions of Senate Bill 1383 regulating 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; and WHEREAS, pursuant to Section 4 of Ordinance No. 2022-755, Ordinance No. 2022-755 is effective as of January 1, 2023; and
WHEREAS, the City Council intends, by this Ordinance, to amend certain provisions of Chapter
8.14 of the FMC to provide for deferred implementation of certain requirements set forth in Chapter
8.14 to allow time for the City to complete its Franchise Agreement negotiations and to ensure the necessary equipment and regional facilities are available to process the organics waste for recycling; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council finds, pursuant to the California Environment Quality Act (CEQA), Guidelines section 15378, that this Ordinance is not a Project as defined by CEQA.
Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
SECTION 3. Fortuna Municipal Code Amendment. Section 8.14.040 (Requirements For SingleFamily Generators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.
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, on and after July -2-
1, 2023, 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 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.
SECTION 4. Fortuna Municipal Code Amendment. Section 8.14.050 (Requirements For Commercial Business Generators Including Multi-Family Residential Dwellings) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.
8.14.050. REQUIREMENTS FOR COMMERCIAL BUSINESS GENERATORS
INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS
On and after July 1, 2023, Commercial Business Organic Waste Generators, including MultiFamily 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 -3-
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 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.
-4-
(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 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.
-5-
(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.
SECTION 5. Fortuna Municipal Code Amendment. Section 8.14.070 (Requirements For Commercial Edible Food Generators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.
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 July 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) On and after July 1, 2023, Commercial Edible Food Generators shall comply with the following requirements:
-6-
(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. -7-
(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.
SECTION 6. Fortuna Municipal Code Amendment. Section 8.14.080 (Requirements For Food Recovery Organizations and Services) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlinedtext.
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) On and after July 1, 2023, Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement -8-
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):
(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) On and after July 1, 2023, 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 -9-
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, 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.
SECTION 7. Fortuna Municipal Code Amendment. Section 8.14.090 (Requirements For Regulated Haulers And Facility Operators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in boldunderlined-text.
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) Commencing July 1, 2023, 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. -10-
(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.
SECTION 8. Fortuna Municipal Code Amendment. Section 8.14.100 (Requirements For SelfHaulers) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strikethrough-text and adding the text shown below in bold-underlined-text.
8.14.100. REQUIREMENTS FOR SELF-HAULERS
(a) On and after July 1, 2023, 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) On and after July 1, 2023, 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, on and after July 1, 2023, 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, on and after July 1, 2023, 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 -11-
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.
(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.
SECTION 9. Fortuna Municipal Code Amendment. Section 8.14.150 (Enforcement) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.
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 -12-
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. (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 July 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 July 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 July 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.
SECTION 10. 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 11. Effective Date. This Ordinance shall become effective on January 1, 2023, immediately following the effectiveness of Ordinance No. 22-755. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.
INTRODUCED AND FIRST READING PERFORMED on this 19th day of December 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Sue Long, Mayor
ATTEST:
-13-
___________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 3rd day of January 2023 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Tami Trent, Mayor
___________________________
Siana L. Emmons, City Clerk
Business Item 5b
STAFF REPORT
City Council Business Item
DATE: January 3, 2023
TO: Honorable Mayor and Council Members
FROM: Gary Goade, Building Official
THROUGH: Merritt Perry, City Manager
SUBJECT: A Public Hearing to Consider Repealing and Replacing Title 15—Building and Construction; of the Fortuna Municipal Code with the 2022 California Building Codes, Ordinance 2023-758
STAFF RECOMMENDATION:
Introduce and hold a first reading of Ordinance 2023-758, amending the Fortuna Muncipal Code by repealing and replacing Title 15—Building and Construction; Division I. Generally; Chapter
15.10, Building Codes with the 2022 California Building Codes.
EXECUTIVE SUMMARY:
The California Building Standards Commission is responsible for administering California's building codes, including adopting, approving, publishing, and implementing codes and standards.
The California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24. These codes, based substantially on the model uniform codes published by the International Code Council, are commonly referred to as the California Building Codes (“Codes”).
In January 2022, the State of California Building Standards Commission adopted the following California codes specific to California: California Energy Code, California Administrative Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Existing Building Code, California Historical Building Code, and the California Green Building Standards Code. The new California Code of Regulations, Title 24, was published in July 2022. The codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City and County as of January 1, 2023.
The purpose of the codes is to establish the minimum requirements to safeguard the public health and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation, and energy conservation; safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations.
The provisions of these codes applies to the administration, plan checking, technical inspections, code enforcement, mobile home inspection, prescribing regulations for erecting, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances Business Item 5b
connected or attached to such building or structures throughout the State of California and to enforce state-mandated codes.
In addition to the State Building Codes, staff is proposing a limited number of administrative amendments. Local amendments may be adopted for administrative (nonstructural) purposes to facilitate implementation of the codes by staff. Specific amendments are proposed to establish terms and procedures for permit expiration, engineering of commercial buildings to allow waiver by the Building Official, property survey waiver by the Building Official, violation penalties; the specific amendments are listed in the Ordinance under Code Section 15.10.015.
Attachment 1 presents the proposed ordinance adopting the codes into the Fortuna Municipal Code.
A copy of the 2022 Building Codes will be on file in the office of the Building Official and available for use and examination by the public.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff;
2. Open the Public Hearing;
3. Close the Public Hearing;
4. Motion to introduce and hold a first reading of Ordinance 2023-758, continue the Public Hearing to Tuesday, January 17, 2023 for a second reading; and read by title only. Roll call vote.
ATTACHMENTS
1. Attachment 1 - Ordinance 2023-758, An Ordinance of the City Council of the City of Fortuna Repealing and Replacing Title 15 – Buildings And Construction; Division I.
Generally; Chapter 15.10, Building Code of the Fortuna Municipal Code with the 2022 California Building Codes
Business Item 5b
ATTACHMENT 1
ORDINANCE 2023-758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA REPEALING AND REPLACING TITLE 15 – BUILDINGS AND CONSTRUCTION; DIVISION I. GENERALLY; CHAPTER 15.10--BUILDING CODE OF THE FORTUNA MUNICIPAL CODE WITH THE 2022 CALIFORNIA BUILDING CODES
WHEREAS, the California Building Standards Commission is responsible for administering California's building codes, including adopting, approving, publishing, and implementing codes and standards; and
WHEREAS, the California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24; and
WHEREAS, these codes, based substantially on the model uniform codes published by the International Code Council, are commonly referred to as the California Building Code (“Code”), and include, but are not limited to, building, plumbing, mechanical, electrical, fire, housing, and energy codes; and
WHEREAS, on January 1, 2022, the State of California Building Standards Commission adopted the following California codes specific to California: California Energy Code, California Administrative Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Existing Building Code, California Historical Building Code, Fire Code, and the California Green Building Standards Code; and WHEREAS, the new California Code of Regulations, Title 24, was published in July 2022.; and WHEREAS, the codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City and County as of January 1, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1
Title 15 – Buildings and Construction; Division I., Generally; Chapter 15.10, Building Code, of the Fortuna Municipal Code is hereby repealed and replaced in its entirety with Exhibit A attached to the ordinance codified in this title, division, and chapter and on file in the city clerk’s office.
Section 2
The effective date of this ordinance is thirty (30) days after its adoption by the City Council.
INTRODUCED AND FIRST READING PERFORMED on the 3
rd day of January 2023 by
the following vote:
AYES:
NAYS:
Business Item 5b
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Tami Trent, Mayor
_______________________________
Siana Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 17
th day of January 2023 by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
__________________________
Tami Trent, Mayor
________________________________
Siana Emmons, City Clerk
CERTIFICATE
I, Siana Emmons, City Clerk of the City of Fortuna, do hereby certify that Ordinance 2023-758 was INTRODUCED at a regular meeting of the Fortuna City Council held the 3 rd day of January 2023,
and was thereafter PASSED, ADOPTED AND ORDERED TO PRINT at a regular meeting of the Fortuna City Council held the 17
th day of January 2023. I further certify that Ordinance 2023- 758 was duly posted and published pursuant to law and the Charter of the City of Fortuna and is a true and correct copy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fortuna, California, and this 17th day of January 2023.
Siana Emmons
City Clerk, City of Fortuna
Business Item 5b
Ordinance 2023-758 –Exhibit A
FORTUNA MUNICIPAL CODE
Title 15—BUILDING AND CONSTRUCTION
Division I. Generally
Chapter 15.10—BUILDING CODE
Sections:
15.10.010 2022 California Building Standards Code
15.10.015 Changes to City of Fortuna’s adopted Chapter 1 Division II: Administration.
15.10.020 Severability
15.10.030 Fees
15.10.010 2022 California Building Standards Codes
In January 2022, the State of California Building Standards Commission adopted many of these codes with amendments and published them as California codes. The new California Code of Regulations, Title 24, was published in July 2022. The codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City as of January 1, 2023. The 2022 California Building Standards Code will be enforced.
The following codes are designed to increase the health & safety of the public and to reduce the potential of property damage from fire, earthquakes and other natural or manmade disasters. The City of Fortuna adopts the California Code of Regulations, Title 24 for the purpose of plan checking, technical inspections, code enforcement, mobile home inspection, prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height and area of buildings & structures and to enforce state-mandated codes related to construction.
A. CALIFORNIA ADMINISTRATIVE CODE. 2022 California Administrative Code (Part 1 of Title 24), based on the 2021 International Building Code (IBC).
B. CALIFORNIA BUILDING CODE. 2022 California Building Code (Part 2 of Title 24), including Chapter 1 Division II (Administration), and Appendices A (Qualifications), C (Agriculture), F (Rodent Proofing), G (Flood Resistant), H, (Signs), I (Patio Covers), J (Grading), N (Replicable Buildings) and O (Emergency Housing), based on the 2021 International Building Code (IBC).
C. CALIFORNIA RESIDENTIAL CODE. 2022 California Residential Code (Part 2.5 of Title 24), including Chapter 1 Division II (Administration), and Appendices H (Patio Covers), J (Existing Building and Structures), K (Sound Transmission), Q (Tiny Houses), R (Light-Straw-Clay Construction), S (Strawbale Construction), T (Solar-Ready provisions), V (Swimming Pool Safety Act), X (Emergency Housing), based on the 2021 International Residential Code (IRC).
D. CALIFORNIA ELECTRICAL CODE. 2022 California Electrical Code (Part 3 of Title 24), based on the 2020 National Electrical Code (NEC).
Business Item 5b
E. CALIFORNIA MECHANICAL CODE. 2022 California Mechanical Code (Part 4 of Title 24), including Chapter 1 Division II (Administration), based on the 2021 Uniform Mechanical Code (UMC).
F. CALIFORNIA PLUMBING CODE. 2022 California Plumbing Code (Part 5 of Title 24), including Chapter 1 Division II (Administration), and Appendices A (Recommended Rules for Dizing), B (Eplanatory notes), C (Alternate Plumbing Systems), D (Sizing Sormwater Drains Systems), G (Sizing of Venting Systems), I (Installation Standard for PEX Tubing Systems) and K (Portable Rainwater Catchment Systems), L (Sustainable Practices), based on the 2021 Uniform Plumbing Code (UPC).
G. CALIFORNIA ENERGY CODE. 2022 California Energy Code (Part 6 of Title 24).
Including Chapter 1 Division II (Administration).
H. CALIFORNIA HISTORICAL BUILDING CODE. 2022 California Historical Building Code (Part 8 of Title 24) including Chapter 1 Division II (Administration).
I. CALIFORNIA FIRE CODE. 2022 California Fire Code (Part 9 of Title 24), including Chapter 1 Division II (administration), based on the 2021 International Fire Code (IFC).
J. CALIFORNIA EXISTING BUILDING CODE. 2022 California Existing Building Code (Part 10 of Title 24), including Chapter 1 Division II (Administration) and Appendices Chapter A1, A3 and A4, based on the 2021 International Existing Building Code (IEBC).
K. CALIFORNIA GREEN BUILDING STANDARDS CODE – “CAL Green.” 2022 California Green Building Standards Code (Part 11 of Title 24). including Chapter 1 Division II (Administration).
L. CALIFORNIA REFERENCED STANDARDS CODE. 2022 California Referenced Standards Code (Part 12 of Title 24)
M. 1997 UNIFORM HOUSING CODE. 1997 Uniform Housing Code, published by the International Conference of Building Officials as referenced by the California Department of Housing and Community Development and pursuant to the provisions of Section 17958, 17958.5, 17958.7, 17958.9 and 17959 of the California Health and Safety Code.
.
Where the California Building Standards Code Regulations listed above differ from any provisions of the International or Uniform Codes, California Building Standards Codes shall prevail.
15.10.015 Changes To City of Fortuna’s Adopted Chapter 1 Division II: Administration.
A. Permit Expiration: The first paragraph of CBC Chapter 1 Division II, Section 105.5 and CRC Chapter 1 Division, Section R105.5 is changed to read:
Every permit issued shall expire two years from the date of issuance. Every permit shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of more than 180 days. Once a building permit has Business Item 5b
expired, work can be recommenced only after that permit is renewed or a new permit is issued. The fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired, suspended or abandoned by over one year, the permittee shall pay a new full permit fee. The new permit will be issued and also inspected utilizing the codes that are adopted and in force at that moment.
B. Engineering Requirement: The following shall be added to CBC Chapter 1 Division II, Section 107.1: and CRC Chapter 1 Division II, Section R106.1:
All structures or buildings classified in Occupancy Groups A, B, E, F, H, I, M, R, S, and U shall be designed by an architect or civil/structural engineer, licensed/registered in the State of California. All plans will be deemed to have complied with the requirements of this Section, provided that they are prepared in accordance with sections 6731, 6737, 6737.1 of the Business and Professions Code.
Exception:
The Building Official may consider a waiver of this requirement when a California licensed General Contractor can demonstrate to the satisfaction of the building department that they are capable of providing the necessary information and constructing the project without having a project be designed by an architect or civil/structural engineer, licensed/registered in the State of California.
C. Topographic Survey and Boundary Survey Requirements: The following shall be added to CBC Chapter 1 Division II, Section 107.1: and CRC Chapter 1 Division, Section R106.1:
For new construction, all lots will require a Topographic Survey prepared by a California licensed Land Surveyor, or Civil Engineer licensed to perform such services.
Exception:
The Building Official may waive the Topographic Survey requirements for minor additions and alterations. The Building Official may also consider a waiver of this requirement based on a written request and a determination that topographic information is not necessary for the proposed project.
For new construction, all lots will require a Boundary Survey prepared by a California licensed Land Surveyor or Civil engineer licensed to perform such services.
Exception:
The Building Official may consider a waiver of the Boundary Survey requirements when a California licensed General Contractor can show the building department all the corner markers identified on an existing survey. The Building Official may also waive the Boundary Survey requirements for minor additions or alterations D. Work Commencing Before a Permit is Issued: The following shall be added to CBC Chapter 1 Division II, section 109.4: and CRC Chapter 1 Division, Section R108.6:
Business Item 5b
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system before obtaining the necessary permits shall be subject to a fee established by fee resolution that shall be in addition to the required permit fees.
Double Building Permit Fees will apply at a minimum of $500.00 plus $500.00 fine may be added for each violation (type of construction) where a building permit should have been issued. For where any person or company is found doing other projects and/or work commencing before a permit is issued, the project fine will be charged at compounding fees.
E. Related fees: The following shall be added to CBC Chapter 1 Division II, section 109.5: and CRC Chapter 1 Division, Section R108.4
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
Fees to be paid before further construction or de-construction can proceed.
F. Violation Penalties: The following shall be added to CBC Chapter 1 Division II, section 114.4:
and CRC Chapter 1 Division, Section R113.4
Any person who violates any of the provisions of this Title, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved hereunder is guilty of an infraction unless otherwise provided, and punishable by a fine of not more than five hundred dollars ($500), and/or imprisonment for not more than six (6) months for each and every such violation and noncompliance. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.
When not otherwise specified, each five (5) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be the exclusive remedy nor shall the penalty be held to prevent the enforced removal of prohibited conditions. Any violation of this Title shall additionally constitute a public nuisance subject to abatement. Violation of this Title shall be punishable per offense by a fine set forth in the California Building Codes and the City of Fortuna. In addition, if a violation is found to have taken place, the hearing officer may also require payment of the City of Fortuna’s reasonable costs of processing and collection.
G. Stop Work Order Fee: The following shall be added to CBC Chapter 1 Division II, section 115: and CRC Chapter 1 Division, Section R114
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system, where a building permit is required by code, before obtaining the necessary permits shall be subject to a Stop Work Order Issuance fee of two hours at the overhead cost established by fee resolution. Investigation time (if needed) to investigate any unpermitted projects will be charged at the time used or needed.
15.10.020 Severability:
Business Item 5b
If any section or portion thereof of this Title is for any reason held to be invalid by a court of competent jurisdiction, such decision or determination shall not affect the validity of the remaining provisions of any part thereof.
15.10.030 Fees
The fees referenced in the Codes shall be those fees adopted by Resolution by the City Council of the City of Fortuna.
Business Item 5b
City Manager’s Report
STAFF REPORT
City Manager's Report
DATE: January 3, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager
1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Tuesday, January 17, 2023
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
Monday, February 6, 2023
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
2. Upcoming Planning Commission Meeting Dates
Tuesday, January 10, 2023
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, January 24, 2023
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
3. Upcoming Measure E Meeting Dates
Wednesday, January 18, 2023
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, January 4, 2023
2:30 p.m.
Regular RCRPD Meeting
Council Chambers at City Hall