Fortuna City Council
March 6, 2023

621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 886 7698 1276 Password: 613994 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
a. Fortuna Library Day Proclamation
b. Measure E Report to Council, presented by Measure E Chair Joseph Hardcastle

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 Regular Meeting Agenda
Monday, March 6, 2023 at 6:00 pm
comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – February 21, 2023 (Regular Meeting) b. Report of Disbursements
c. Resolution of the City Council of the City of Fortuna Publicly Opposing California Assembly Bill 742
d. Consideration of Appointment to Fortuna Business Improvement District Advisory Committee
e. Supplemental Budget Request for $20,000 to the Building Division’s Engineering Services Account for Earthquake-related Expenses
f. Adopt Resolution Appointing Police Chief/City Manager to Make Determinations of Public Convenience or Necessity for Certain ABC Licenses within the City g. Business Loan to Eric Allen for 1434 Rohnerville Road h. Lease Agreement Between City of Fortuna and Humboldt County for Library Building

5. CITY COUNCIL BUSINESS
a. Authorize the City Manager to award the Water Tank Recoating Project (CIP 0925) to Simpson Sandblasting and Coating and establish a maximum contract amount of $955,000, and approve a Supplemental Budget Request for $780,000 b. Authorization to Award the Contract for the Wastewater Treatment Plant Percolation Pond Rehabilitation Project 2023

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 03/02/2023 at 3:23 PM

of the Fortuna City Council
in Recognition of
Fortuna Library Day
MARCH 11, 2023
WHEREAS, the library provides informational services to all members of our community; and
WHEREAS, the library promotes literacy and encourages reading among young people; and
WHEREAS, in a world undergoing constant change, libraries provide enduring connections to the past and future of our communities, nations and civilizations; and WHEREAS, libraries promote unrestricted access to information, provide entry to important research and serve as community centers for lifelong learning; and WHEREAS, the Fortuna City Council supports Friends of the Library in providing young people access to more books.

NOW, THEREFORE, I, Tami Trent, Mayor of the City of Fortuna do hereby proclaim March 11, 2023 as Fortuna Library Day, and urge everyone to pay special tribute to the contributions of the library in our community by supporting Library Day and visiting our library.

SIGNED this 6
th day of March 2023 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.

Mayor Tami Trent, City of Fortuna
1 CITY OF FORTUNA - MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Measure E Oversight Committee
SUBJECT: Annual Report to the City Council
DATE: March 6, 2023
Introduction
Measure “E” is a 3/4% sales tax measure that was approved by the voters of the City of Fortuna on November 8, 2016. Measure E was set to terminate on March 31st, 2025. However, on November 3, 2020 the voters of the City approved Measure “G”. Measure G extended Measure E 8 additional years. Measure E is now set to terminate on March 31st, 2033.

Measure E is a general tax. The City is committed to primarily using these general tax dollars to protect and maintain essential City services, including increasing and restoring police officers and programs, repairing aging/deteriorating streets and potholes, parks maintenance, and programs for youth and seniors.

The Measure E committee was set up by the City Council in order to assist the Council in taking public input and review staff recommendations on the expenditure of funds derived from Measure E.

The primary duties of the Measure E Oversight Committee are as follows:
a. Review requests for funding from City departments.
b. Conduct public hearings to examine the requests and weigh the value of the various proposals. c. Make recommendations based on the proposals received, for the expenditures that should be funded given the projected amount of revenue to be derived from the local sales tax to the City Council for inclusion in the annual budget.
d. Become familiar with current and projected City revenues and expenditures. e. First meeting of every calendar year, provide a forum for public expression of desires regarding expenditure of funds derived from the local sales tax.

Committee Members
The City Council made the appointments to the committee with staggered terms as follows:
a. Two (2) members at two (2) years
b. Three (3) members at three (3) years
c. Two (2) members at four (4) years
Members serve at the pleasure of the City Council. There are no restrictions on reappointment of members for successive terms. Currently, the Measure E Oversight Committee is composed of the following seven members:
2 Term
Expires
Joseph Hardcastle, Chair 12/31/24
Walt Wilson 12/31/24
Sue Long 12/31/25
Donald Ingram 12/31/25
Debi August 12/31/25
Martin Morris 12/31/23
Tina Taylor 12/31/24
Staff Liaison: Aaron Felmlee, Finance Director
The Committee holds regular meetings on the third Wednesday in January, third Tuesday in March, September, and December, and the first Tuesday in April. Meetings commence at 5:30 pm as agreed upon by the committee. Special meetings are held as needed.

Transactions & Use Tax (Measure E) Revenue
Effective April 1, 2017, the total sales tax rate in the City of Fortuna is 8.50 percent. Of this amount, the State receives 6.00 percent, the County Transportation Fund receives 0.25 percent, the County receives 0.50 percent (with the passage of the County’s Measure “Z”) and the City of Fortuna receives 1.0 percent (Bradley-Burns). The City’s Measure E transaction and use tax adds another 0.75 percent, which brings the total sales tax rate to 8.50 percent.

Graph 1: Sales Tax Rate Distribution Comparison
70%
3%
12%
9%
6%

6.00%, State of
California

0.25%, County
Transportation
Funds

1.00%, City of
Fortuna

0.75%, City of
Fortuna (Measure E)

0.50%, County of
Humboldt (Measure
Z)
3 During fiscal year (FY) 2021-22, the City of Fortuna received $2,029,351 (net of administration costs of $13,690) from the City’s transactions and use tax. This represents receipts received for the period of July 2021 through June 2022. These revenues represent approximately 21 percent of the City’s total general fund revenue.

The following data summarizes and compares the revenue generated by Measure E (0.75%) transaction and use tax to the Bradley Burns (1.00%) sales tax by business type for fiscal year 2021-22.

Table 1: Tax Revenue by Business Type
Measure “E” Compared to Sales Tax Revenue
1 Cent
Sales Tax
Revenue

0.75 Cent
Measure
“E”
Revenue
75% of
Sales Tax
Revenue
Favorable
(Unfavorable)
Variance
Ratio of Measure
"E" to Sales Tax
Autos & Transportation $245,895 $445,627 $184,421 $261,206 181.2% Building & Construction
282,167

237,219

211,625 25,594 84.1%
Business & Industry
280,393

302,082

210,295 91,787 107.7%
Food & Drugs
248,584

188,679

186,438 2,241 75.9%
Fuel & Service Stations
353,880

301,356

265,410 35,946 85.2%
General Consumer Goods
190,893

335,300

143,170 192,130 175.6%
Restaurants & Hotels
279,057

211,863

209,293 2,570 75.9%
Transfers & Unidentified
3,973

20,915

2,980 17,935 526.4%
Gross Revenue
1,884,842

2,043,041

1,413,632 629,410 108.4%
County/State Pool

442,006
State Board of Equalization
Admin Fees

(17,008)

(13,690)
Net Revenue

2,309,840

2,029,351
4 Graph 2: Comparison of Transactions and Use Tax as Percentage of Sales Tax The Transactions and Use Tax (Measure E) rate is 75 percent of the City’s portion of the sales tax rate (1% Bradley Burns). Due to this, one would expect the percentage of Transactions and Use Tax revenue to sales tax revenue to be 75 percent. However, for fiscal year 2021-22, the City’s Transactions and Use Tax generated approximately 108.4 percent of the revenue received from sales tax before other adjustments.

This occurs because the City’s TUT is assessed and allocated to the district where goods are delivered or placed into use rather than where the sale was negotiated like general sales tax (aka Bradley Burns) is. This means that the City is capturing TUT tax on the sale of automobiles and other registered modes of transportation, like boats, motorcycles and airplanes that occur outside of the City’s taxing district and on business and industry items that are brought into the district from outside (online) suppliers. $0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Autos &
Transportation
Building &
Construction
Business &
Industry
Food & Drugs Fuel & Service
Stations
General
Consumer
Goods
Restaurants &
Hotels
1 Cent Sales Tax Revenue 0.75 Cent Measure “E” Revenue 75% of Sales Tax Revenue 5 Fiscal Year 2021-22 Expenditures
Graph 3: Expenditures by Department
As stated before the City committed to primarily using Measure E general tax dollars to protect and maintain essential City services, including increasing and restoring police officers and programs, repairing aging/deteriorating streets and potholes, parks maintenance, and programs for youth and seniors. The above chart demonstrates the use of Measure E monies by department. As you can see from the chart the Police Department accounted for 56% of expenditures, Public Works 11%, Parks and Recreation 26%, and the remaining 7% going to Administrative/City Hall general fund deficit expenses, intended for covering the structural General Fund deficit. Funds that went to the General Fund reserves that were not needed to cover the General Fund deficit will be expended in future fiscal years. Below are individual department reports on the funds derived from Measure E and expended in FY2021-22.

Public Works Expenditures
12 Street Integrated Stormwater Enhancement Project
In FY 2020-21 and 2021-22, the Measure E Committee approved a total $105,100 allocation for the 12th Street Integrated Stormwater Enhancement Project (CIP 9101). This project will include installing a number of LID raingardens and new stormdrain pipe along 12th Street in between Loni Drive and K Streets, which will help address gutter flooding issues along 12th Street as well as future state board permit trash capture requirements. This funding allocation will be used as grant match for the project, which received an approximately $950,000 grant from the State Water Resources Control Board (Prop 1). Into the spring of 2022, staff worked with the State Water Quality Control Board to execute a grant agreement for the project.

Since the agreement was finalized, the City has performed utility potholing along 12th street to identify potential conflicts with existing infrastructure, and the City’s engineering consultant has completed the 90% construction drawings. Staff anticipate this project going to construction during the late spring/summer of 2023
$802,442
Police
56%
$158,703
Public Works
11%
$93,989
Cover General
Fund Deficit -
Admin/City Hall
7%
$380,503
Parks and
Recreation
26%
6 Stormwater Infrastructure Hazard Identification Project In the 2021-22 FY, the Measure E Committee approved a $37,500 rollover (originally allocated in FY 2020- 21) for the City’s Stormwater Infrastructure Hazard Identification Project. This project will be an engineering and field reconnaissance study that will include physical inspections of various City stormdrain facilities, resulting in a prioritized list of stormdrain replacement and upgrade projects. This project is also partially funded by a grant from FEMA in the amount of $112,500, and the Measure E funds allocated to this project will act as the project’s required local match. After a lengthy grant contracting period through FEMA, staff began reimbursable work with our engineering consultants in spring of 2022. To date, the City’s stromdrain maps have been updated, and currently our consultants are working on performing field investigations/inspections for critical stormdrain infrastructure.

Street Maintenance Projects
In FY 2021-22, the City budgeted $140,000 towards street maintenance projects from Measure E. With this funding (in addition to various other funding sources) the City was able to complete several large paving and striping projects including the following locations:
 Rohnerville Road was paved between the PG&E property and the Strongs Creek bridge for a total cost of $117,429.
 Kenwood Road was paved between Rohnerville Road and Freedom Court for a total cost of $95,775 ($16,261 of which was Measure E funded).
 Roadway striping was completed at both paving locations for a total cost of $6,310.

Storm Drain Maintenance Projects
The City designated $146,900 to the City Wide Storm Drain Maintenance Project (CIP 9373). This fiscal year (2021-22) there were no stormdrain failures requiring immediate repair, and as a result no expenditures were incurred with this funding. Staff have been working with our engineering consultants on a stormdrain infrastructure hazard identification project (referenced above), which is also a Measure E funded project, and staff intend to use any unused portion of the Measure E funding for stormdrains on projects identified by that assessment in future fiscal years.

Illegal Camp Cleanup
The Illegal Camp Cleanup for FY 2021-22 was primarily for funding efforts by River Life Foundation. The majority of the funding was for professional services for Sean Swanson of River Life Foundation, and another person to scout, locate and inform the transients of illegal camping in the City limits. River Life Foundation would also get calls from Fortuna PD to help clean an area and Mr. Swanson would bill the City for the work. A total of $15,000 was spent in FY 2021-22 with a total of 18,700 pounds of material and debris removed from illegal camps as part of this project.

Parks and Recreation Expenditures
RCRPD Benefit Assessment Project
The Rohner Community Recreation and Park District (RCRPD) has very limited annual funding, so the City assisted them with Measure E funds to pursue their general mission of planning for a future aquatic center in Fortuna. During FY 2021-22, $50,000 of Measure E funding was allocated to the district to assist with the planning and consultation services (engineer’s report, calculations, ballot proceedings, etc.) related to the Benefit Assessment. Since the RCRPD did not proceed with the Benefit Assessment during FY 2021- 22, nothing was spent, however, these funds are anticipated to be spent in future fiscal years.

Parks & Recreation Director
Measure E continued to fund the Parks & Recreation Director position, with Cameron Mull serving in his fifth year performing the duties of management, direction, and growth of the City’s park and facilities system, recreation activities and programs, the Depot Museum, the River Lodge and Monday Club, the operation of the Fortuna Transit bus service, including many other duties for the City. Of the $107,166 adopted for this position in FY 2021-22, $128,000 was needed. 7 Recreation Program Supervisor Position
In its second year of funding, Measure E supported the Recreation Supervisor position, with Emily Apodaca serving in this role. This position includes management and supervision of all of the City’s Recreation programs and activities, scheduling, training, managing (up to) 25 part-time staff, and managing many new community-driven events. Of the $73,541 allocated through measure E, $73,765 was needed.

Provide Transit to Eureka for Medical Appointments
In its fifth year funded by Measure E, Fortuna Transit continued to provide weekly service to persons with a disability and/or senior citizens with rides to Eureka for medical appointments, since the majority of care providers exist in Eureka. These funds supported the full cost of the service; including fuel, vehicle maintenance, and staff hours for transporting 2-6 riders per week every Tuesday. $5,000 was allocated for FY 21/22, and ultimately $5,536 was needed to fully fund this program.

Volleyball Equipment
This was initially a public input idea at a Parks & Recreation Commission meeting to start a volleyball drop-in program, in which the City had no equipment to kick off the new activity. The $1,503 spent for the program allowed the Recreation Division to purchase a new free-standing net system and new volleyballs.

The program has been volunteer-run since its inception on November 7th, 2021, with an average of 16 people in attendance each Sunday from 5:30-7:30pm at the Firemen’s Pavilion.

Rohner Park Basketball Court Rehab and Expansion
This project stemmed from a public input idea to initially restrict park users from parking on the existing basketball court. It eventually grew in size during the planning phase to construct an additional court (2 full-courts in total), so it was identified that the project needed further planning and additional funding.

During FY 2021-22 $2,300 was spent on an engineer to survey the area. The $47,700 in remaining funds was re-allocated (or rolled over) to FY 2022-23, which will allow the project to be fully funded with additional Measure E funds and allow the construction of a high-quality 2-court area.

General Parks Acquisition and Improvements
There were various parks-related uses for this funding in FY21/22, which was helpful to have access to funds for projects that would typically not be within the Parks’ annual budget and therefore unable to be pursued by staff. Some of those items included ~$58,000 for the removal of rubber chips (disposal fees) and the addition of wood chips (playground fibers) in both the Rohner Park Tot Lot and 5-12 playgrounds for ideal surfacing. Also, both the City and the Rohner Community Recreation and Park District (RCRPD) applied for a Prop 68 Rural Recreation and Tourism (RRT) and Regional Park Program (RPP) grants for the development of a 7+ acre parcel off Riverwalk Dr. for a future river-side park, which was ultimately not awarded. Also, a portion of this funding was used for the Prop 68 Per Capita program for the purchase of the 8.4 acre parcel adjacent to Newburg Park for a park expansion. These grant projects included surveying, appraisal, grant services/consultation by LACO & Assoc. (including hosting public outreach meetings), conceptual design & engineering services by Ponte Landscape Architects, and other related fees, totaling ~$46,000, for a grand total of $104,770 out of the $200,000 delegated by Measure E.

Police Department Expenditures
Police Detectives
The Fortuna Police Department received Measure E funds allowing for two full-time police Detectives.

These positions continue to provide much needed additional services to the Fortuna Police Department and our community. Detectives are a valuable resource, allowing for focused investigations and the ability to proactively address major crimes and circumstances which negatively affect our community. The following are just a few examples of the impact the Detectives have had addressing crime in our community during FY 2021-22.
 Detectives conducted 136 investigations, not including the countless investigations they assisted patrol officers with.
8  Detectives investigated a transient serial arsonist, successfully arresting him and they worked with the Humboldt County District Attorney’s Office through prosecution; leading to a 5 year conviction.
 Detectives investigated a robbery at a local business, leading to the arrest and conviction of the suspects.
 Detectives investigate many sexual assaults, one of which occurred at our local high school, resulting in the arrest of a teacher/coach.
 Detectives continue to be a vital resource in investigations involving threats of mass violence at our local schools.
 Detectives executed or served multiple search warrants and investigations involving the possession and sales of narcotics, recovery of stolen property, and possession of firearms.  Detectives conducted problem oriented policing, addressing illegal Cannabis cultivation operations and crimes impacting quality of life within our community.  Detectives assisted local partner/allied agencies throughout the county with officer involved shooting and homicide investigations, as well as arrests of wanted subjects.  Detective Ryan Richardson was recognized by the Eureka Elks Lodge #652 as the Fortuna Police Department’s 2022 Outstanding Officer of the Year. Detective Richardson was also voted as the 2022 Officer of the Year by his peers within the department. Our officers see his value as a Detective with over 18 years of law enforcement experience with the City of Fortuna.

Community Service Officer
The Fortuna Police Department received Measure E funds allowing for one full-time Community Service Officer. The Community Service Officer handles lower level misdemeanor type crimes, parking complaints/violations and animal control issues, freeing up our sworn officer staff to focus on more serious violations. The Community Service Officer is a non-sworn position and is assigned to handle property and evidence. During FY 2021-22 the full-time Community Service Officer handled 933 calls for service, in addition to parking enforcement, training a part-time Community Service Officer, property/evidence duties and animals duties such as licensing, kennel care and veterinary appointments. Having this non-sworn position is vital to the department.

Code Compliance Officer
The Fortuna Police Department receives Measure E funds allowing for a part-time Code Compliance Officer. This position addressed property abatement and municipal code violations. Almost always, these properties have associated criminal activity ranging from illicit drug crimes to violent crime. Addressing the abatement issues and municipal code violations resulted in the elimination and/or reduction of criminal activity associated with these properties. In FY 2021-22 code enforcement has worked many investigations and made a profound impact on our community. The following are a few highlights:
 Code Compliance handled 45 investigations/cases during FY 2021-22.  14 standard abatement case investigations, all of which resulted in voluntary compliance, were successfully resolved, with the exception of 1 abatement case that is still under investigation.  Code Compliance Officer has established positive and effective working relationships with a multitude of departments and agencies throughout the county that have greatly aided in the successful and expeditious abatement of blighted properties in violations of local codes and laws.  Approximately 50 properties with existing fire hazards were addressed and neutralized, the majority of these abatement processes were accomplished through self-initiated / proactive contacts. Of these properties approximately 90% were resolved with the initial notice and the rest were resolved with additional follow up from the Code Compliance Officer.  Code Compliance Officer was trained in addressing abandoned vehicles on our roadways and has taken a proactive approach in addressing abandoned vehicles, successfully addressing 29 abandoned vehicles on our city streets.

K-9 Program
During FY 2021-22, the Fortuna Police Department utilized Measure E funding for the operations budget associated with the department’s K-9 program. After procuring a 22-month-old, Belgian Malinois from 9 Witmer Tyson Imports, the program was put into place and implemented. During FY 2021-22, both of the department K-9 teams have attended advanced training courses. Both K-9 teams have been certified in patrol and apprehension works as well as in narcotics detection. The K-9 teams also attended courses in rural tracking, electronic collar function, and stabilized tactical airborne body operations. Measure E also funded the routine monthly maintenance training associated with department K-9’s (Approx. 200+ hours of maintenance training).

The K-9 program provides an important element to crime deterrence and a significant de-escalation tool.

The Fortuna Police Department’s K-9 program is a vital department resource and is deployed and used for special enforcement operations all over the region in Humboldt County. The department’s K-9 teams also provide an important community-policing tool and contribute to promoting a positive feeling of approachability toward department personnel by community members.

During FY 2021-22, department K-9 teams attended a significant number of public events which sparked community interest, and which provided platforms of opportunity to socialize and visit with children and families in attendance. Examples include but are not limited to:
• School visits
• Camp at the park (Winter break)
• State of the City
• National Christmas Tree arrival
• Rodeo
Although it is outside of the current reporting period, it should be noted that the department K-9 teams were instrumental in detecting and assisting the Humboldt County Drug Task Force with the largest historic seizure of controlled substances, which occurred in September of 2022. The seizure included:
• 30 pounds of methamphetamine
• 5 pounds of cocaine
• 3 pounds of heroin
• 2 pounds of fentanyl
• 150 marijuana plants, 50 pounds of processed marijuana • 2 firearms
• $115,500 dollars in illicit drug money
During FY 2021-22, department K-9 teams have participated in numerous narcotic detection deployments, as well as patrol deployments. Some of the deployment highlights include:
• In March, a felony suspect was tracked approximately .25 miles on the river bar through thick brush and back up onto the highway. The suspect was arrested. • In April, K-9 teams were deployed for a burglary that had just occurred at Tractor Supply and for another burglary that had just occurred at a separate business. • K-9 teams were deployed again in April, when a robbery suspect barricaded himself in a cabin at the KOA. The suspect was taken into custody.

The Fortuna Police have continued to fundraise and have received financial support in the form of contributions from both public and private donors to augment the Measure E program funding. This support is reflective of the significant value the community places on this program.

MDT (Mobile Data Terminal) Replacement Project
During FY 2021-22 Measure E funded $40,000 for the replacement of failing Mobile Data Terminals (MDT) units that had reached end of life. MDT units are essentially rugged laptop computers designed to mount and operate within and outside police vehicles. They are equipped with the police department’s Record Management System (RMS) and secure cellular capabilities allowing officers in the field to immediate access to vital information. The use of MDT units is the modern standard within policing and they have proven to greatly enhance our department’s ability to perform their duties and provide public safety. It should be noted that the department maximized the Measure E funds, purchasing 11 new MDT units that are in current operation.
10 Committee Recommendation of Future Measure E Fund Expenditures There are several points the committee wants to be sure the Council pays attention to:

1. The ongoing Measure E Fund Support of streets will optimistically rise in coming years.

2. Police Department funded positions will be funded throughout the term of Measure E.

3. The committee is dedicated to upping reserves by earmarking any unspent monies generated from Measure E to go towards General Fund Reserves at the end of the year. For fiscal year 2021-22, revenues in excess of expenditures totaled approximately $286,914. This is largely attributed to actual revenue receipts coming in higher than originally budgeted.

Conclusion
In light of the continuing adverse economic conditions and instability at the state level, the funds derived from Measure E have had a significant and positive effect on the financial stability of the City. The City receives almost the same amount of revenue from Measure E as it does from the General Sales Tax allocation. Without Measure E the City and public would be exposed to much greater risk City wide. Three additional police staff help protect and serve both public members and public property, storm drain funds help mitigate the risk of far greater catastrophes occurring by keeping up on maintenance and grant match funds help the City take on projects that would otherwise be unattainable with local City revenues. 621 11th Street, Fortuna CA
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The City Council May Take Action on any Item on this Agenda.

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

Mayor Trent called the public meeting to order at 6:00 pm and led the flag salute. ROLL CALL:

Council Member Conley - Present, Council Member Losey - Present, Council Member Mobley - Present, Mayor Pro Tem Johnson - Present, Mayor Trent - Present

2. PRESENTATIONS / PROCLAMATIONS
Minutes:

None

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

There being no public comments, Mayor Trent close the oral comment section.

4. CONSENT CALENDAR
Minutes:

Council Member Johnson commented on Consent Item e, mentioning there were four counts of vandalism reported in the parks over the last month and he encouraged members of the public to report any suspicious activities.

PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

Regular Meeting Agenda
Minutes
Tuesday, February 21, 2023 at 6:00 pm
Council Member Losey moved, seconded by Council Member Johnson to approve Consent Calendar items a-l. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 a. City Council Minutes – February 6, 2023 (Regular Meeting) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Supplemental Budget Request for the Addition of the Playgroup Program in the Recreation Division Budget
k. Ratify the Fortuna Fire Protection District’s Ordinance No. 2022/2023-1 Adopting the 2022 California Fire Code, Title 24, Part 9, Based on the 2021 International Fire Code l. Authorize the Submission of the 2021 Community Development Block Grant Application

5. CITY COUNCIL BUSINESS
a. Authorization to Award a Construction Contract for the Corp Yard Roofing Project (CIP 9969) to Darin Thomsen Construction and establish a maximum contract amount of $150,000
Minutes:

STAFF REPORT: Director of Public Works Brendan Byrd provided a staff report on the award of a contract for the Corporation Yard Roofing Project.

PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

CITY COUNCIL ACTION: Council Member Johnson moved, seconded by Council Member Mobley to authorize the City Manager to award the Corp Yard Roofing Project (CIP 9969) to Darin Thomsen Construction and establish a maximum contract amount of $150,000. Voice vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 b. Council Review and Discussion of Committee/Commission Applications and Mayor’s Appointment of Seats
Minutes:

STAFF REPORT: City Clerk Siana Emmons provided a staff report on the Mayor's appointment to the Parks & Recreation Commission.

PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

CITY COUNCIL ACTION: Council Member Mobely moved, seconded by Council Member Conley to approve the Mayor’s appointment. Voice vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent 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:

Council Member Losey requested a future agenda item on Assembly Bill 742, and the Council agreed by consensus.

8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
b. Council Member Mike Losey
c. Council Member Kris Mobley
d. Mayor Pro Tem Mike Johnson
e. Mayor Tami Trent

9. ADJOURN TO CLOSED SESSION
Minutes:

PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

CITY COUNCIL ACTION: Council Member Johnson moved, seconded by Council Member Mobley to adjourn to closed session. MOTION CARRIED 5/0 a. PUBLIC EMPLOYMENT, pursuant Section 54957of the California Government Code.

Title: Police Dispatcher
Minutes:

Council provided direction to staff.

10. REPORT OUT AND ADJOURN
Minutes:

CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Council Member Conley to adjourn the meeting at 6:52 pm. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Item 4b

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for February 23, 2023 & March 2, 2023 STAFF RECOMMENDATION:

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

REPORT OF DISBURSEMENTS:

Disbursement was processed as follows:

February 23, 2023 $69,461.84
March 2, 2023 $345,385.73
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for February 23, 2023
 Disbursements Detail Report for March 2, 2023
Amount
2/23/2023 9:13:05 AM Page 1 of 4
75783 02/23/2023 NYLEX.NET 13275 PC/Monitor Removal - General Services 12.5 75783 02/23/2023 NYLEX.NET 13275 PC/Monitor Removal - General Services 12.5 75783 02/23/2023 NYLEX.NET 13274 Computer - Lab 430.32
75783 02/23/2023 NYLEX.NET 13274 Computer - Lab 430.33
75782 02/23/2023 NORTH COAST JOURNAL 2023110048 Assistant City Engineer Recruitment Advertising 122 75783 02/23/2023 NYLEX.NET 13262 PC Removal - Lab 25
75782 02/23/2023 NORTH COAST JOURNAL 2023110020 Public Hearing Notice - CDBG 136 75782 02/23/2023 NORTH COAST JOURNAL 2023110047 Assistant City Engineer Recruitment Advertising 50 75781 02/23/2023 NORMAN'S DRY CLEANERS 75794 River Lodge Linen Service 139 75781 02/23/2023 NORMAN'S DRY CLEANERS 75794 River Lodge Linen Service 68.5 75780 02/23/2023 NATT, ROMALDO 012623 Per Diem 2.27 - 2.28 (Pesticide Seminar) 56.5 75780 02/23/2023 NATT, ROMALDO 012623 Per Diem 2.27 - 2.28 (Pesticide Seminar) 56.5 75779 02/23/2023 NAPA AUTO PARTS FORTUNA 34051 Vehicle Repair - Utilities 5.19 75779 02/23/2023 NAPA AUTO PARTS FORTUNA 34086 Vehicle Repair - Transit 21.47 75779 02/23/2023 NAPA AUTO PARTS FORTUNA 33491 Credit Return - Parks -37.23 75779 02/23/2023 NAPA AUTO PARTS FORTUNA 33925 Vehicle Repair - Parks 151.78 75777 02/23/2023 MISSION LINEN INDUS SERV 518735314 River Lodge Linen Service 81.8 75778 02/23/2023 MOORE, MATTHEW 022123 Per Diem 3.1 - 3.3 (K9 Legal Update) 149 75777 02/23/2023 MISSION LINEN INDUS SERV 518711314 Wastewater Linen Service 74.19 75777 02/23/2023 MISSION LINEN INDUS SERV 518711324 Parks/Rink Linen Service 68.51 75777 02/23/2023 MISSION LINEN INDUS SERV 518711313 Corp Yard Linen Service 91 75777 02/23/2023 MISSION LINEN INDUS SERV 518711313 Corp Yard Linen Service 78.89 75776 02/23/2023 MERCER FRASER COMPANY 109052 Pea Gravel 282.1 75776 02/23/2023 MERCER FRASER COMPANY 109110 Aggregate Base 334.18 75776 02/23/2023 MERCER FRASER COMPANY 109050 Emulsion Oil/Asphalt Concrete 1312.26 75776 02/23/2023 MERCER FRASER COMPANY 109051 Concrete 699.17 75775 02/23/2023 MENDES SUPPLY INC M2416880101 Janitorial Supplies - Parks 172.56 75775 02/23/2023 MENDES SUPPLY INC M241838 Janitorial Supplies - Parks 179.16 75774 02/23/2023 LIEBERT CASSIDY WHITMORE 234536 Legal Services 4440.5 75775 02/23/2023 MENDES SUPPLY INC M2416880101 Janitorial Supplies - Parks 73.34 75773 02/23/2023 LEAGUE OF CALIF CITIES 1714 REMIF Membership Dues 125 75774 02/23/2023 LIEBERT CASSIDY WHITMORE 234044 Legal Services 1093.5 75771 02/23/2023 HUMBOLDT VETERINARY MEDICAL GRP 1119128 Vet Services 50 75772 02/23/2023 LAW OFFICE OF CLARE M GIBSON 1090 Legal Services 3003 75770 02/23/2023 HUMBOLDT SUPERIOR COURT AR22OCT03 Annual eCourt License 1041.96 75771 02/23/2023 HUMBOLDT VETERINARY MEDICAL GRP 1118501 Vet Services 26.45 75768 02/23/2023 GROCERY OUTLET 021623 Snacks - Recreation Playgroup 15.98 75769 02/23/2023 HUMBOLDT PETROLEUM 102946 Car Wash Services - PD 35 75767 02/23/2023 FORTUNA ACE HARDWARE 356257 Kennel Supplies 46.62 75767 02/23/2023 FORTUNA ACE HARDWARE 356262 Supplies - PD 3.98 75767 02/23/2023 FORTUNA ACE HARDWARE 356040 Building Maintenance - Utilities 14.08 75767 02/23/2023 FORTUNA ACE HARDWARE 356047 Tools - WWTP 10.84 75767 02/23/2023 FORTUNA ACE HARDWARE 355928 Key Copy - PD 2.81 75767 02/23/2023 FORTUNA ACE HARDWARE 355952 Supplies - Utilities 48.77 75767 02/23/2023 FORTUNA ACE HARDWARE 355859 Supplies - Utilities 39.67 75767 02/23/2023 FORTUNA ACE HARDWARE 355907 Supplies - WWTP 373.02 75765 02/23/2023 DEPARTMENT OF JUSTICE 638201 BAC Analysis Service 175 75766 02/23/2023 ECOLAB 6336314825 Sanitizer MPPA Charges - River Lodge FY 22/23108.5 75763 02/23/2023 CA DEPT OF PUBLIC HEALTH 146399 MW 2023 2023 Medical Waste Annual Registration Fee 25 75764 02/23/2023 CRYSTAL SPRINGS BOTTLED W 021523 Water Delivery - Parks 18 75761 02/23/2023 AT&T 5025 02230893 23484108935031 34.04 75762 02/23/2023 BPR CONSULTING GROUP 525 Building Permit Plan Review 19360 75760 02/16/2023 POSTMASTER 021623 UB Disconnect Notice Postage 112.09 75760 02/16/2023 POSTMASTER 021623 UB Disconnect Notice Postage 112.09 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 2/16/2023 - 2/23/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
Grand Total: 69461.84
2/23/2023 9:13:05 AM Page 2 of 4
75802 02/23/2023 WOODS PEST CONTROL 1199377 Pest Control Services - CH/PD FY 22/23 42.5 75802 02/23/2023 WOODS PEST CONTROL 1199462 Parks Pest Service FY 22/23 150 75801 02/23/2023 WOOD, KELLY 021823 Monday Club Deposit Refund 250 75802 02/23/2023 WOODS PEST CONTROL 1199377 Pest Control Services - CH/PD FY 22/23 42.5 75799 02/23/2023 TYLER TECHNOLOGIES INC 45-408741 Software Install Project - Parks/River Lodge 208 75800 02/23/2023 USA BLUEBOOK 256655 Supplies - WWTP 1211 75798 02/23/2023 TIMES-STANDARD 1365166 Bridal Faire Advertising - River Lodge 117.87 75799 02/23/2023 TYLER TECHNOLOGIES INC 45-408741 Software Install Project - Parks/River Lodge 312 75796 02/23/2023 THATCHER COMPANY INC 2023250902548 Chemical Deposit Refund -600 75797 02/23/2023 THOMAS & ASSOCIATES 33226 Equipment Maintenance - WWTP 1631.3 75796 02/23/2023 THATCHER COMPANY INC 2023250108590 Chemicals 3032.4 75796 02/23/2023 THATCHER COMPANY INC 2023250902547 Chemical Deposit Refund -1000 75796 02/23/2023 THATCHER COMPANY INC 2023250108589 Chemicals 600 75796 02/23/2023 THATCHER COMPANY INC 2023250108590 Chemicals 1000 75796 02/23/2023 THATCHER COMPANY INC 2023100106767 Chemicals 1187.17 75796 02/23/2023 THATCHER COMPANY INC 2023250108589 Chemicals 3398.64 75795 02/23/2023 SWRCB ACCOUNTING OFFICE WD-0226040 Facility ID: 1B21079WNHU Annual Permit Fee 365 75796 02/23/2023 THATCHER COMPANY INC 2023100106767 Chemicals 150 75793 02/23/2023 STAPLES BUSINESS CREDIT 7373327426 Supplies - Engineering 24.39 75794 02/23/2023 STEVENS, DENNIS 022123 Per Diem 3.1 - 3.3 (K9 Legal Update) 149 75793 02/23/2023 STAPLES BUSINESS CREDIT 7373304346 Supplies - Recreation 15.17 75793 02/23/2023 STAPLES BUSINESS CREDIT 7373304346 Supplies - Recreation 8.12 75791 02/23/2023 SHN CONSULTING ENG & GEOL 116137 P Street Sewer Project 4527.5 75792 02/23/2023 SPORTS WORLD 020623 Hot Shot BBall Shirts 3047.53 75789 02/23/2023 REMOTE SATELLITE SYSTEMS 121727 PD Satellite Phone Service FY 22/23 69.95 75790 02/23/2023 RON DUPRATT FORD 375487 Vehicle Repair - Transit 64.5 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 143.1 75788 02/23/2023 RECOLOGY EEL RIVER 196352 Caltrans Garbage Voucher Program 8102.4 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 71.55 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 143.1 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 71.55 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 35.78 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 143.09 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 35.78 75786 02/23/2023 PACIFIC ECORISK 18764 Lab Testing 3100.9 75787 02/23/2023 PITNEY BOWES 3105964526 Postage Machine Lease FY 22/23 71.55 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 158415 Vehicle Repair - PD 47.88 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 158514 Vehicle Repair - Utilities 78.01 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157737 Credit Core Return -22 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 158252 Vehicle Repair - Utilities 39.01 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157713 Grease - Shop 34.66 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157725 Vehicle Repair - General Services 150.74 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157713 Grease - Shop 34.68 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157713 Grease - Shop 34.68 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157713 Grease - Shop 34.68 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157713 Grease - Shop 34.68 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157531 Vehicle Repair - Transit 20.01 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157630 Vehicle Repair - PD 65.03 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157102 Vehicle Repair - PD 89.09 75785 02/23/2023 O'REILLY AUTOMOTIVE STORE 157473 Credit Return - PD -145.02 75784 02/23/2023 OPTIMUM 100981751 Fiber Optic Service FY 22/23 362.49 75784 02/23/2023 OPTIMUM 100981751 Fiber Optic Service FY 22/23 362.49 75784 02/23/2023 OPTIMUM 100981751 Fiber Optic Service FY 22/23 362.48 75784 02/23/2023 OPTIMUM 100981751 Fiber Optic Service FY 22/23 362.49 Expense Approval Report Payment Dates: 2/16/2023 - 2/23/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 2/23/2023 9:13:05 AM Page 3 of 4
160-5565-5800 Janitorial Supplies 150.3
160-5575-5800 Kitchen Chemical 108.5
160-5705-5800 Equipment Maintenance 71.55
120-6005-3000 Engineering Services 19360
160-2221 Monday Club Deposits 250
160-5547-5800 User Group Linen 139
101-7000-2850 Travel, Conferences & Training 149
105-5500-2000 Department Supplies 149
120-5705-3000 Equipment Maintenance 35.78
100-7225-5400 Youth Sports League 3047.53
100-7455-2800 Veterinary Expenses 76.45
100-8000-5400 Capital Outlay 312
100-7015-1400 Dues & Subscriptions 125
100-7015-2000 Dues & Subscriptions 1041.96
100-7220-5400 Summer Fun 8.12
100-6035-4000 Personnel Services 172
100-6600-2000 State Fees 175
100-7000-4100 Travel, Conferences & Training 56.5
100-6025-2000 Professional Services 69.95
100-6025-3200 Professional Services 136
100-6025-9104 Professional Services 3003
100-5775-1500 Network Support 362.48
100-5775-2000 Network Support 362.49
100-6020-1600 Legal Services 5534
100-5740-1500 Building Repair and Maintenance 42.5
100-5740-2000 Building Repair and Maintenance 324.6
100-5740-5450 Building Repair and Maintenance 150
100-5715-2000 Vehicle Repairs 126.66
100-5715-5450 Vehicle Repairs 149.23
100-5720-4100 Equipment Repair 163.42
100-5705-1200 Equipment Maintenance 143.09
100-5705-3200 Equipment Maintenance 35.78
100-5705-5450 Equipment Maintenance 71.55
100-5500-5450 Department Supplies 18
100-5565-5450 Janitorial Supplies 321.01
100-5705-1100 Equipment Maintenance 71.55
100-5500-4000 Department Supplies 24.39
100-5500-4100 Department Supplies 8205.9
100-5500-5400 Department Supplies 31.15
Account Number Account Name Payment Amount
100-5500-2000 Department Supplies 6.79
100-5500-2800 Department Supplies 46.62
550 - Wastewater Fund 12301.11
560 - Wastewater Capital Fund 4892.5
590 - TDA Transit Fund 105.98
Grand Total: 69461.84
Account Summary
160 - Riverlodge Fund 1045.22
210 - Solid Waste Fund 25
280 - Gas Tax Fund 69
306 - Recycle-Parks 172.56
500 - Water Fund 6741.97
Fund Payment Amount
100 - General Fund 24414.72
101 - Transaction and Use Tax Fund 149
105 - Donations Fund 149
120 - Development & Building Fund 19395.78
Expense Approval Report Payment Dates: 2/16/2023 - 2/23/2023 Report Summary
Fund Summary
2/23/2023 9:13:05 AM Page 4 of 4
Project Account Key Payment Amount
**None** 69312.84
Exp DONATION-PD 149
Grand Total: 69461.84
560-6612-0171 Permits 365
590-5715-5000 Vehicle Repairs 105.98
Grand Total: 69461.84
Project Account Summary
550-5900-6600 Tools & Small Equipment 10.84
550-6045-6600 Laboratory Services 3100.9
560-6025-9121 Professional Services 4527.5
550-5720-6500 Equipment Repair 34.66
550-5720-6600 Equipment Repair 1631.3
550-5775-6700 Network Support 362.49
550-5555-6600 Plant Chemicals 4219.57
550-5705-6700 Equipment Maintenance 143.1
550-5719-6600 Information Technology 455.33
550-5500-6600 Department Supplies 1658.21
550-5500-6700 Department Supplies 112.09
550-5520-6500 Base Materials 334.18
500-6200-6100 Telephone 34.04
550-1310 Chemical Tank Deposits 150
550-5500-6500 Department Supplies 88.44
500-5719-6000 Information Technology 430.32
500-5740-6100 Building Repair and Maintenance 14.08
500-5775-6300 Network Support 362.49
500-5555-6000 Plant Chemicals 3398.64
500-5705-6300 Equipment Maintenance 143.1
500-5715-6100 Vehicle Repairs 156.89
500-5500-6100 Department Supplies 778.06
500-5500-6200 Department Supplies 112.09
500-5525-6100 Asphalt 1312.26
280-5500-4200 Department Supplies 12.5
280-7000-4200 Travel, Conferences & Training 56.5
306-5500-5400 Department Supplies 172.56
160-6300-5800 Advertising 117.87
160-8000-5800 Capital Outlay 208
210-5735-5300 Janitorial Services - HHW 25
Expense Approval Report Payment Dates: 2/16/2023 - 2/23/2023 Account Summary
Account Number Account Name Payment Amount
Amount
75828 03/02/2023 NAPA AUTO PARTS FORTUNA 34364 Vehicle Repair - Utilities 6.49 3/2/2023 7:41:33 AM Page 1 of 5
75827 03/02/2023 MITCHELL 1 IB28930977 Monthly Software Subscription - Shop FY 22/23 65.61 75828 03/02/2023 NAPA AUTO PARTS FORTUNA 34238 Vehicle Repair - Utilities 89.91 75828 03/02/2023 NAPA AUTO PARTS FORTUNA 34290 Vehicle Repair - Utilities 14.15 75827 03/02/2023 MITCHELL 1 IB28930977 Monthly Software Subscription - Shop FY 22/23 65.61 75827 03/02/2023 MITCHELL 1 IB28930977 Monthly Software Subscription - Shop FY 22/23 65.61 75827 03/02/2023 MITCHELL 1 IB28930977 Monthly Software Subscription - Shop FY 22/23 65.61 75826 03/02/2023 MISSION LINEN INDUS SERV 518755439 Corp Yard Linen Service 10.85 75826 03/02/2023 MISSION LINEN INDUS SERV 518778337 River Lodge Linen Service 256.27 75826 03/02/2023 MISSION LINEN INDUS SERV 518778337 River Lodge Linen Service 14.23 75826 03/02/2023 MISSION LINEN INDUS SERV 518754127 Corp Yard Linen Service 47.45 75826 03/02/2023 MISSION LINEN INDUS SERV 518754128 Wastewater Linen Services 73.91 75826 03/02/2023 MISSION LINEN INDUS SERV 518754137 Parks/Rink Linen Service 77.74 75825 03/02/2023 MAD RIVER COMMUNITY HOSPITAL A0107779 Williams Pre-employment Physical 32.06 75825 03/02/2023 MAD RIVER COMMUNITY HOSPITAL A0107779 Williams Pre-employment Physical 480.94 75826 03/02/2023 MISSION LINEN INDUS SERV 518754127 Corp Yard Linen Service 65.54 75824 03/02/2023 LACAL EQUIPMENT INC 382063-IN Broom - Street Sweeper 1038.45 75825 03/02/2023 MAD RIVER COMMUNITY HOSPITAL A0107779 Williams Pre-employment Physical 96.19 75825 03/02/2023 MAD RIVER COMMUNITY HOSPITAL A0107779 Williams Pre-employment Physical 32.06 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 337.39 75822 03/02/2023 KADLE, JASON 12323 Per Diem 3.6 - 3.10 (POST Management Course Wk 1) 409 75823 03/02/2023 KIMBALL-MIDWEST 100740791 Equipment Maintenance - General Services 182.11 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 25.95 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 181.66 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 181.66 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 856.41 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 207.61 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 207.61 75820 03/02/2023 HUMBOLDT LODGING ALLIANCE 022723 2nd Quarter Ending 12.31.22 HTA Allocation 25272.43 75820 03/02/2023 HUMBOLDT LODGING ALLIANCE 022723 2nd Quarter Ending 12.31.22 HTA Allocation -252.72 75821 03/02/2023 INFINITE CONSULTING SERVICES ICSO5248 Mitel Annual Support Renewal 596.89 75817 03/02/2023 FUTURE CHEVROLET 235508 New Police Unit - Tahoe #4 60229.17 75818 03/02/2023 GIRL SCOUTS OF NO CA TROOP #90005 022323 Park Deposit Refund 250 75819 03/02/2023 GOLD CREEK PRODUCTIONS 214 Advertising - River Lodge 239 75817 03/02/2023 FUTURE CHEVROLET 235504 New Police Unit - Tahoe #2 20341.66 75817 03/02/2023 FUTURE CHEVROLET 235504 New Police Unit - Tahoe #2 39887.51 75817 03/02/2023 FUTURE CHEVROLET 235505 New Police Unit - Tahoe #3 60229.17 75815 03/02/2023 FORTUNA ACE HARDWARE 356430 Supplies - WWTP 184.94 75816 03/02/2023 FORTUNA CHAMBER OF COMMERCE 022723 2nd Quarter Ending 12.31.22 TOT Allocation 13040.69 75817 03/02/2023 FUTURE CHEVROLET 235500 New Police Unit - Tahoe #1 60229.17 75815 03/02/2023 FORTUNA ACE HARDWARE 356195 Tools - WWTP 99.27 75815 03/02/2023 FORTUNA ACE HARDWARE 356219 Building Maintenance - Engineering 15.16 75815 03/02/2023 FORTUNA ACE HARDWARE 356373 Vehicle Repair - WWTP 35.99 75812 03/02/2023 BODYWORKS 030123 March Gym Memberships 60 75813 03/02/2023 COOPER, JEROLD 022223 Monday Club Deposit Refund 250 75814 03/02/2023 FEDEX 8-042-11339 Shipping Service - Lab 328.92 75812 03/02/2023 BODYWORKS 030123 March Gym Memberships 140 75812 03/02/2023 BODYWORKS 030123 March Gym Memberships 80 75812 03/02/2023 BODYWORKS 030123 March Gym Memberships 20 75810 03/02/2023 ASAP LOCK & KEY 23087 Lock Install - Engineering 72.69 75811 03/02/2023 AT&T 5014 02234494 320584494 91.87
75812 03/02/2023 BODYWORKS 030123 March Gym Memberships 20 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 3/1/2023 - 3/2/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) 75804 03/01/2023 POSTMASTER 030123 Utility Billing Postage 1049.08 75804 03/01/2023 POSTMASTER 030123 Utility Billing Postage 1049.09 Amount
75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 196.29 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 130.15 3/2/2023 7:41:33 AM Page 2 of 5
75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 260.36 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 1970.22 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 964.5 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 57.4 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 65.91 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 5658.02 75845 03/02/2023 TYLER TECHNOLOGIES INC 45-410899 Software Install Project - Parks/River Lodge 416 75846 03/02/2023 USABLUEBOOK 259799 Supplies - WWTP 547.19 75846 03/02/2023 USABLUEBOOK 264140 Supplies - WWTP 921.27 75844 03/02/2023 STAPLES BUSINESS CREDIT 7373327426-2-1 Credit Price Adjustment -1.84 75844 03/02/2023 STAPLES BUSINESS CREDIT 7373761258 Supplies - Recreation 30.85 75845 03/02/2023 TYLER TECHNOLOGIES INC 45-410899 Software Install Project - Parks/River Lodge 624 75843 03/02/2023 SILKE COMMUNICATIONS 133910 Police Unit Light Bar Repair 1139.14 75844 03/02/2023 STAPLES BUSINESS CREDIT 7373304346-1-1 Credit Price Adjustment -1.63 75844 03/02/2023 STAPLES BUSINESS CREDIT 7373327426-1-1 Credit Price Adjustment -7.38 75840 03/02/2023 RIZZO, JOEL 022223 Per Diem 3.7 - 3.8 (T2 Water TPO Cert Exam) 184.03 75841 03/02/2023 ROGERS, MATT 012623 Per Diem 3.8 - 3.11 (Grade III WW Review) 260 75842 03/02/2023 RON DUPRATT FORD 363952 Vehicle Repair - PD 1696.14 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 240.67 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02236726 44469516726 3446.25 75839 03/02/2023 PARKER, NICK 022223 Park Deposit Refund 250 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 3011.22 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 13372.61 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 1390.25 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 982.2 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 272.7 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 141.38 75837 03/02/2023 PACE SUPPLY CORP 28127350-7 Supplies - Utilities 143.65 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 2625.13 75838 03/02/2023 PACIFIC GAS & ELECTRIC CO 02230845 46580260845 271.54 75836 03/02/2023 O'REILLY AUTOMOTIVE STORE 159750 Vehicle Repair - WWTP 85.7 75836 03/02/2023 O'REILLY AUTOMOTIVE STORE 159767 Vehicle Repair - WWTP 35.79 75837 03/02/2023 PACE SUPPLY CORP 28127350-6 Supplies - Utilities 202.5 75836 03/02/2023 O'REILLY AUTOMOTIVE STORE 158944 Vehicle Repair - General Services 24.82 75836 03/02/2023 O'REILLY AUTOMOTIVE STORE 159706 Vehicle Repair - Engineering 48.2 75836 03/02/2023 O'REILLY AUTOMOTIVE STORE 159716 Vehicle Repair - WWTP 67.26 75834 03/02/2023 OCONNOR & COMPANY 0223-45 Auditor Fees FY 22/23 150 75834 03/02/2023 OCONNOR & COMPANY 0223-45 Auditor Fees FY 22/23 150 75835 03/02/2023 ONTIVEROS & ASSOCIATES IN 5374 Riverwal Sidewalk Easment Review 177.5 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 304.18 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 564.9 75834 03/02/2023 OCONNOR & COMPANY 0223-45 Auditor Fees FY 22/23 450 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 347.63 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 43.45 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 304.18 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 999.45 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 1621.58 75833 03/02/2023 NYLEX.NET 13296 Network Support FY 22/23 347.63 75832 03/02/2023 NORMAN'S DRY CLEANERS 75909 River Lodge Linen Service 46.45 75832 03/02/2023 NORMAN'S DRY CLEANERS 76031 River Lodge Linen Service 43.4 75832 03/02/2023 NORMAN'S DRY CLEANERS 76031 River Lodge Linen Service 44 75830 03/02/2023 NCL OF WISCONSIN INC 483532 Lab Supplies -7.45 75830 03/02/2023 NCL OF WISCONSIN INC 483532 Lab Supplies 115.1 75831 03/02/2023 NOR CAL GLOVES 1556650 Latex Gloves - WWTP 143 75828 03/02/2023 NAPA AUTO PARTS FORTUNA 34705 Supplies - WWTP 58.31 75829 03/02/2023 NATIONAL GRATING INC 12733 Equipment Maintenance - WWTP -141.1 75829 03/02/2023 NATIONAL GRATING INC 12733 Equipment Maintenance - WWTP 2616.1 Expense Approval Report Payment Dates: 3/1/2023 - 3/2/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 75828 03/02/2023 NAPA AUTO PARTS FORTUNA 34629 Vehicle Repair - WWTP 52.71 Amount
Grand Total: 345385.73
3/2/2023 7:41:33 AM Page 3 of 5
75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 1429.79 75848 03/02/2023 VIVATSON, MATT 022723 Application Fee Refund 100 75849 03/02/2023 WOODS PEST CONTROL 1202488 WWTP Pest Services FY 22/23 200 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 87.74 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 2814.03 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 991.55 Payment Number Payment Date Vendor Name Payable Number Description (Item) 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 565.06 75847 03/02/2023 VALLEY PACIFIC PETROLEUM SERVICES, INCCL 23-598621 Fuel 295.99 Expense Approval Report Payment Dates: 3/1/2023 - 3/2/2023 120-4425 Zoning Fees 100
3/2/2023 7:41:33 AM Page 4 of 5
100-7015-2000 Dues & Subscriptions 65.61
100-7015-4100 Dues & Subscriptions 65.61
100-7220-5400 Summer Fun -1.63
100-8000-2000 Capital Outlay 140800
100-8000-5400 Capital Outlay 624
101-5505-2000 Vehicle Fuel & Oil 196.29
100-6505-5400 Utility - General & Electric 271.54
100-6505-5450 Utility - General & Electric 982.2
100-6505-5500 Utility - General & Electric 272.7
100-6505-5600 Utility - General & Electric 141.38
100-6801-1800 Chamber TOT 13040.69
100-7000-2000 Travel, Conferences & Training 409
100-5775-2000 Network Support 2477.99
100-5775-4000 Network Support 555.24
100-5775-5400 Network Support 555.24
100-5775-5600 Network Support 69.4
100-6000-1400 Audit Fees 450
100-6025-3200 Professional Services 177.5
100-5565-5450 Janitorial Supplies 77.74
100-5715-2000 Vehicle Repairs 1696.14
100-5715-4000 Vehicle Repairs 48.2
100-5715-4100 Vehicle Repairs 24.82
100-5720-4100 Equipment Repair 182.11
100-5775-1500 Network Support 1596.34
100-5505-1100 Vehicle Fuel & Oil 57.4
100-5505-1500 Vehicle Fuel & Oil 65.91
100-5505-2000 Vehicle Fuel & Oil 5658.02
100-5505-2800 Vehicle Fuel & Oil 260.36
100-5505-4100 Vehicle Fuel & Oil 1970.22
100-5505-5450 Vehicle Fuel & Oil 964.5
100-5265-1200 Miscellaneous Benefits 20
100-5265-2000 Miscellaneous Benefits 140
100-5265-5400 Miscellaneous Benefits 80
100-5500-4000 Department Supplies 63.47
100-5500-4100 Department Supplies 76.39
100-5500-5400 Department Supplies 30.85
Account Summary
Account Number Account Name Payment Amount
100-1683 Distributed Utilities 2625.13
100-2040 Humboldt Tourism Assessment 25272.43
100-2220 Refundable Park Deposits 500
100-2460 Sales Tax Payable -148.55
100-4061 Humboldt Tourism Assessment -252.72
160 - Riverlodge Fund 1887.06
180 - Asset Seizure Fund 100116.68
189 - Measure Z Fund 565.06
280 - Gas Tax Fund 4365.66
500 - Water Fund 22362.75
550 - Wastewater Fund 12026.39
590 - TDA Transit Fund 1429.79
672 - Forest Hill Water Booster Fund 240.67
Grand Total: 345385.73
Expense Approval Report Payment Dates: 3/1/2023 - 3/2/2023 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 201965.23
101 - Transaction and Use Tax Fund 196.29
120 - Development & Building Fund 230.15
3/2/2023 7:41:33 AM Page 5 of 5
550-7015-6600 Dues & Subscriptions 65.61
590-5505-5000 Vehicle Fuel & Oil 1429.79
672-6505-6515 Utility - General & Electric 240.67
Grand Total: 345385.73
Project Account Summary
Project Account Key Payment Amount
**None** 345385.73
Grand Total: 345385.73
550-5900-6600 Tools & Small Equipment 99.27
550-6000-6700 Audit Fees 150
550-6035-6500 Personnel Services 32.06
550-6035-6600 Personnel Services 480.94
550-6505-6600 Utility - General & Electric 1390.25
550-7000-6600 Travel, Conferences & Training 260
550-5557-6600 Lab Supplies 115.1
550-5715-6600 Vehicle Repairs 1416.59
550-5720-6600 Equipment Repair 2616.1
550-5740-6700 Building Repair and Maintenance 200
550-5766-6600 Bio solids Management 328.92
550-5775-6700 Network Support 902.29
500-6505-6000 Utility - General & Electric 16818.86
500-7000-6000 Travel, Conferences & Training 184.03
500-7015-6000 Dues & Subscriptions 65.61
550-5500-6600 Department Supplies 1928.62
550-5500-6700 Department Supplies 1049.09
550-5505-6600 Vehicle Fuel & Oil 991.55
500-5715-6100 Vehicle Repairs 110.55
500-5740-6300 Building Repair and Maintenance 15.16
500-5775-6300 Network Support 485.84
500-6000-6300 Audit Fees 150
500-6035-6000 Personnel Services 96.19
500-6035-6100 Personnel Services 32.06
280-6505-4200 Utility - General & Electric 3011.22
500-5265-6100 Miscellaneous Benefits 60
500-5500-6100 Department Supplies 393.6
500-5500-6200 Department Supplies 1049.08
500-5505-6000 Vehicle Fuel & Oil 87.74
500-5505-6100 Vehicle Fuel & Oil 2814.03
160-8000-5800 Capital Outlay 416
180-8000-2000 Capital Outlay 100116.68
189-5505-2000 Vehicle Fuel & Oil 565.06
280-5265-4200 Miscellaneous Benefits 20
280-5505-4200 Vehicle Fuel & Oil 295.99
280-5720-4200 Equipment Repair 1038.45
160-5547-5800 User Group Linen 299.67
160-5565-5800 Janitorial Supplies 104.68
160-5575-5800 Kitchen Chemical 181.66
160-5775-5800 Network Support 304.18
160-6210-5700 Internet Service 91.87
160-6300-5800 Advertising 239
Expense Approval Report Payment Dates: 3/1/2023 - 3/2/2023 Account Summary
Account Number Account Name Payment Amount
120-5505-3000 Vehicle Fuel & Oil 130.15
160-2221 Monday Club Deposits 250
Consent Item 4c

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Publicly Opposing California Assembly Bill 742 by Resolution 2023-06 STAFF RECOMMENDATION:

Pass a resolution of the City Council of the City of Fortuna publicly opposing California Assembly Bill 742.

EXECUTIVE SUMMARY:

On February 13, 2023, Assemblyman Corey Jackson (D-Moreno Valley) introduced California Assembly Bill 742. If adopted, this legislation would prohibit the use of police K-9 units for apprehension and crowd control, as specified by the bill.

Police K-9 units are an important non-lethal force option and an effective de-escalation tool. If K9 units are eliminated as a force option for police, California law enforcement agencies will lose an important de-escalation tool and further prevent police from using effective methodologies, which help maintain law and order in situations that require the use of necessary force options.

K-9 units are deployed in situations, which limit risk and danger to their human counterparts. K9’s are also the only remaining force option which can be “re-called” or “called off” after being deployed but prior to an apprehension. Academic studies have also offered suggestive evidence of the crime deterrent benefit, which exists from the mere presence of our canines.

RECOMMENDED COUNCIL ACTION:

Approve Resolution 2023-06. Consent agenda vote.

ATTACHMENTS:
 Resolution 2023-06, a Resolution of the City Council of the City of Fortuna opposing proposed California Assembly Bill 742, which if passed, would remove the ability of California law enforcement organizations to utilize Police K-9’s as a non-lethal force option
RESOLUTION 2023-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA OPPOSING PROPOSED CALIFORNIA ASSEMBLY BILL 742, WHICH IF PASSED, WOULD

REMOVE THE ABILITY OF CALIFORNIA LAW ENFORCEMENT
ORGANIZATIONS TO UTILIZE POLICE K-9’S AS A NON-LETHAL FORCE OPTION.

WHEREAS, the City of Fortuna, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on February 13, 2023, Assemblyman Corey Jackson (D-Moreno Valley) introduced California Assembly Bill 742 which, if adopted, would prohibit the use of police K-9 units for apprehension and crowd control, as specified in the bill; and
WHEREAS, the City of Fortuna actively opposes California Assembly Bill 742 and considers the proposed bill an uninformed and counter-productive attempt to eliminate a lawful, effective, and legitimate non-lethal force option throughout the State of California; and WHEREAS, the City of Fortuna promotes an acute understanding of the importance of deescalation techniques and advocates for effective de-escalation tools, including the use and presence of police K-9’s in appropriate situations; and WHEREAS, the City of Fortuna advocates for and promotes the use of controlled and necessary non-lethal force options versus lethal force options when appropriate; and WHEREAS, the City of Fortuna understands the incredible value of police K-9’s and the invaluable non-lethal force option police K-9’s provide for police officer’s in dangerous situations; and
WHEREAS, the City of Fortuna recognizes and declares that police K-9’s are the only use of force that can be “re-called” or “called-off” after being deployed but prior to an apprehension if necessary; and
NOW, THEREFORE, the City Council of the City of Fortuna does hereby resolve as follows:

1. Police K-9s provide an effective de-escalation tool and non-lethal force option for California law enforcement organizations;

2. The City of Fortuna firmly opposes California Assembly Bill 742 and considers the proposed legislation irresponsible, counter-productive, and unnecessary;

3. The City of Fortuna publicly voices said opposition to California Assembly Bill 742 and will work collaboratively with elected officials, the California Police Chief’s Association, the League of California Cities, and other like-minded organizations to advocate against the passage of California Assembly Bill 742.

PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 6
th day of March 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
___________________________
Tami Trent, Mayor
ATTEST:
___________________________
Siana Emmons, City Clerk
Consent Item 4d

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Consideration of Appointment to Fortuna Business Improvement District Advisory Committee
STAFF RECOMMENDATION:

Approve appointment to Fortuna Business Improvement District Advisory Committee as recommended below.

BACKGROUND:

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

Section 5.40.050 is as follows:

5.40.050 Advisory committee.

A. The authorized number of members of the advisory committee of the district shall be seven unless modified by an amendment of this chapter. The city council shall appoint the advisory committee and prioritize appointments such that the advisory committee is comprised of the following appointments:

1. Downtown core area, one representative;

2. Redwood Village Shopping Center core area, one representative;

3. Strongs Creek Plaza core area, one representative;

4. City council liaison, one representative;

5. Citywide, one representative;

6. Fortuna chamber of commerce, one representative;

7. One person nominated by the six representatives identified above.

B. The city council, in making appointments to the advisory committee, shall endeavor to make appointments so that the following categories of businesses are represented on the advisory committee:

1. Retail, three representatives;

2. Professional and service, two representatives;
Consent Item 4d

3. Manufacturing/wholesale, one representative; and

4. Hospitality, one representative.

On February 28, 2023, the FBID Advisory Committee passed a motion to make a recommendation to the City Council to appoint Stephanie McGrath to fill the 7th open committee member position. Mrs. McGrath’s appointment would satisfy the Fortuna Municipal Code by being a member that is located in the Strongs Creek Plaza Core Area, being a representative of a retail business and having been nominated by the other representatives on the committee.

Additionally, the business owned by Mrs. McGrath has been very prominent in the community, supported many community events and causes and is a successfully ran business in the City of Forutna.

RECOMMENDED COUNCIL ACTION:

Approve the appointment of Stephanie McGrath to fill the 7th open committee member position for a two-year term ending on March 6, 2025. Consent agenda vote.

ATTACHMENT:
 Application: Stephanie McGrath
City of Fortuna

APPLICATION FOR APPOINTMENT TO

FORTUNA BUSINESS IMPROVEMENT DISTRICT (FBID) ADVISORY COMMITTEE FBID Advisory Committee Application
1 | P a g e
Applicant Name:_____________________________________________________________________________ Home Address:______________________________________________________________________________ Mailing Address (if different):__________________________________________________________________ Home Phone:__________________________ Business/Cell Phone:__________________________________ Email Address:______________________________________________________________________________ Education:_________________________________________________________________________________ Length of Time in the Fortuna Area:_____________________________________________________________ Business Name and Address:__________________________________________________________________ ***Identify which Core Area your business is located within, refer to descriptions below.

Core Area:_________________________________________________________________________________ Job Title:___________________________________________________________________________________ Organizations in which you are currently involved:_________________________________________________ Reason for wanting to serve on this Advisory Committee:___________________________________________ __________________________________________________________________________________________ Expertise you bring to this Committee:____________________________________________________ __________________________________________________________________________________________ References:

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________ _________________________________________________________________________________________ Signature Date
Consent Item 4e

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Liz Shorey, Deputy Director of Community Development THROUGH: Merritt Perry, City Manager
SUBJECT: Supplemental Budget Request for $20,000 to the Building Division’s Engineering Services Account for Earthquake-related Expenses STAFF RECOMMENDATION:

Approve Supplemental Budget Request (SBR) to allocate $20,000 to the Building Division’s Engineering Services account to cover third-party plan review while the building inspectors were responding to building damage.

EXECUTIVE SUMMARY:

The earthquake of December 21, 2022 resulted in the City’s building department working around the clock inspecting damaged buildings, helping homeowners and businesses assess their damage and offering repair guidance, and estimating damage costs to report to County and State agencies for potential emergency funds. Both inspectors were fully occupied for the first two weeks after the earthquake, and follow-up inspections continued for several weeks after.

In order to maintain their regular office duties including plan check review, building plans were sent out to a professional plan check firm for third-party review of the plans that were submitted in December before the new building codes took effect. The cost to the City for the third-party review was $19,300 for the four sets of plans that were sent out (including $14,200 for The Orchards, a 70- unit multifamily apartment complex on Smith Lane).

The plan review cost was expensed to the Building Division’s “Engineering Services” account. If the SBR is approved, it would leave a balance of $4,000, which should be sufficient to cover the regular third party review of building plan sprinkler systems for new buildings for the remainder of the fiscal year.

FINANCIAL IMPACT:

The request for $20,000 will cover the cost of the earthquake-related plan review. The costs would come from General Fund reserves, and will be credited once the building permits are issued and fees collected.

Consent Item 4e

RECOMMENDED COUNCIL ACTION:

Approve a Supplemental Budget Request for $20,000 to cover earthquake-related third-party plan review costs. Consent agenda vote.

ATTACHMENTS:
 Supplemental Budget Request
Requesting Department: Packet #
JV #
Fund Name/s Amended: Prepared By
Checked By
Fund #/s Amended: Post Date
New Budget Appropriation Intra‐Department Budget Transfer Additional Budget Appropriation Other Budget Transfer

REVENUES
Account Description Account Number Current Budget  Proposed Amendments
Amended
Budgets
TOTAL

EXPENDITURES
Account Description Account Number Current Budget  Proposed Amendments
Amended
Budgets
TOTAL

PURPOSE
Department Head: Date:

Finance Director: Date:

City Manager: Date:

CITY OF FORTUNA
SUPPLEMENTAL BUDGET REQUEST
Consent Item 4f

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Casey Day, Police Chief
THROUGH: Merritt Perry, City Manager
SUBJECT: Adopt Resolution Appointing Police Chief/City Manager to Make Determinations of Public Convenience or Necessity for Certain Alcoholic Beverage Control Licenses within the City
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-07.

EXECUTIVE SUMMARY:

By letter dated January 27, 2023, the City received notice from the Department of Alcohol Beverage Control (the “Department”) that it had a 90-day period to determine whether the City Council desired to retain the authority to make determinations of public convenience or necessity regarding the issuance of certain types of retail Alcohol Beverage Control Licenses. A copy of the letter is attached to this Staff Report as Attachment “1”. By way of the proposed resolution, staff recommends that the City Council retain such authority and appoint the Police Chief or, in his absence, the City Manager to make such determinations. If the City does not expressly retain the authority to make the determinations, the Department will make the determinations on behalf of the City.

As background, pursuant to section 23958 of the Business and Professions, upon receipt of an application for an ABC license or for a transfer of an ABC license, the Department must investigate to determine whether the applicant and the premises for which a license is applied qualify for a license and shall further investigate all matters which may affect the public welfare and morals.

The Department must deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, unless the local governing body (or its designated officer) determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. If the local governing body, or its designated subordinate officer, does not make a determination within the 90-day period, then the Department may issue a license if the applicant shows the Department that public convenience or necessity would be served by the issuance.

The proposed Resolution is intended to provide notice to the Department that the City desires to retain the authority to make determinations of public convenience or necessity within the City for Consent Item 4f

any future application for applicable licenses and delegates such determinations to the Police Chief or the City Manager.

FISCAL IMPACT:

None
RECOMMENDED COUNCIL ACTION:

Adopt Resolution 2023-07. Consent agenda vote.

ATTACHMENTS
 Attachment 1: Letter from the Department of Alcohol Beverage Control dated January 27, 2023
 Attachment 2: Resolution 2023-07, A Resolution of the City Council of the City of Fortuna Designating the Police Chief and, in his absence, the City Manager to Make Determinations of Public Convenience or Necessity for Persons or Premises Applying for Certain Alcohol Beverage Control Licenses with the City

RESOLUTION 2023-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

DESIGNATING THE POLICE CHIEF AND, IN HIS ABSENCE, THE CITY MANAGER

TO MAKE DETERMINATIONS OF PUBLIC CONVENIENCE OR NECESSITY FOR

PERSONS OR PREMISES APPLYING FOR CERTAIN ALCOHOL BEVERAGE

CONTROL LICENSES WITH THE CITY
WHEREAS, the City of Fortuna, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to Section 23958.4 of the Business and Professions Code, with respect to certain Alcohol Beverage Control Licenses, the Department of Alcohol Beverage Control (“ABC”) may issue such licenses if the local governing body, or its designated subordinate officer, determines that issuance of the license would serve a public convenience or necessity; and WHEREAS, pursuant to this Resolution, the City Council desires to appoint the Police Chief and, in his or her absence, the City Manager, to make determinations as to whether the issuance of the license would serve a public convenience or necessity; and WHEREAS, if the City Council does not designate itself or a subordinate officer, the determination as to public convenience or necessity would vest with ABC.

NOW, THEREFORE, the City Council of the City of Fortuna does hereby resolve as follows:

1. The Police Chief of the City of Fortuna is authorized to make determinations as to whether the issuance of applicable Alcohol Beverage Control Licenses would serve a public convenience or necessity; and

2. If the event of a vacancy of the position of Police Chief, the City Manager is appointed to make such determinations.

3. The City Clerk is directed to send notice of this determination to the Department of Alcohol Beverage Control.

PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 6
th day of March 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
__________
Tami Trent, Mayor
ATTEST:
___________________________
Siana Emmons, City Clerk
Consent Item 4g

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Business Loan to Eric Allen for 1434 Rohnerville Road STAFF RECOMMENDATION:

Staff recommends the City Council approve a business Loan in the amount of $25,000 to Eric Allen for the renovation of the commercial property at 1434 Rohnerville Road.

EXECUTIVE SUMMARY:

In October 2020, the City Council granted approval for the City Manager to use City Business Loan Funds to loan Eric Allen $25,000 for the rehabilitation of the property located at 1434 Rohnerville Road and authorize a lease of City owned property adjacent to Mr. Allen’s for his use. The lease was completed in the form of a license agreement (pending insurance to be obtained by Mr. Allen), but the loan was never completed. A copy of the original staff report from 2020 is attached for reference. The loan was not completed in 2020, as it was a low priority for the City, would not generate no net revenue, and faced competition from other projects during a fairly chaotic time in the middle of the pandemic. Mr. Allen did nothing to prevent the loan from being initiated.

The original proposed term of the loan included a loan amount of $25,000 to be paid over 30 years at 2.5% interest, the current Local Agency Investment Fund (LAIF) rate at the time. The LAIF rate is the amount that the City earns on deposits mandated to be invested in that fund (approximately 25% the City’s cash portfolio). The current LAIF rate is approximately 2.6%.

Staff recommends that the City proceed with the loan at the original terms proposed to Mr. Allen in 2020.

This is being brought back to the council, as some time has passed since the original Council action staff wanted to confirm that the council still wants staff to proceed with the loan.

FINANCIAL IMPACT:

The city would provide $25,000 from Business Loan Fund 836 and collect 2.5% interest on that amount over the term of the loan. The current balance of Fund 836 is approximately $590,000 with anticipated proceeds (approximately $350,000) when the loan from the sale of the property at 320 Main is due to be deposited within this fund within the next three years. In the event of a foreclosure on the property the City could lose the amount of principle loaned to Mr. Allen.

Consent Item 4g

RECOMMENDED COUNCIL ACTION:

Approve a business Loan in the amount of $25,000 to Eric Allen for the renovation of the commercial property at 1434 Rohnerville Road and Authorize City Manager to establish terms. Consent agenda vote.

ATTACHMENTS:
 Original Eric Allen Loan Staff report from October 2020 Business Agenda Item C

STAFF REPORT
City Council Business Agenda Item
DATE: November 2, 2020
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Business Loan to Eric Allen for 1434 Rohnerville Road and Lease of Vacant City Parcel on Rohnerville Road

STAFF RECOMMENDATION:

Staff recommends the City Council approve a business Loan in the amount of $25,000 to Eric Allen for the renovation of the commercial property at 1434 Rohnerville Road and Authorize City Manager to lease adjacent vacant city owned parcel.

EXECUTIVE SUMMARY:

The property located at 1434 Rohnerville Road comprises a large part of what historically was the commercial district developed in the 1800’s as Rohnerville. Rohnerville pre-dated the incorporation of the City of Fortuna and was ultimately annexed as part of the City of Fortuna. A large portion of Rohnerville was lost to fire in the 1890’s and again around 1940.

A historical photos of the vicinity in the early 1930’s.

Business Agenda Item C

Photo of the property in a nuisance condition prior to the new sidewalk construction.

Photo of the Property in its current condition after purchase by Mr. Allen Business Agenda Item C

The property remained in commercial use for several decades until the death of the prior owner in 2016 and was formerly a small market ultimately and antique store. Two of the buildings were used for residential purposes. The prior owner did not keep the buildings in good repair and a lot of trash and debris was stored within and outside of the buildings for several years. The City declared it a nuisance in 2008 and it was cleaned up, but consistently required attention from the City to make sure that it did not remain a nuisance.

In 2016, the City constructed sidewalk and roadway improvements that added a new sidewalk and provided an alternative to the old wooden boardwalk along the front of the buildings, which was in a state of bad repair. The City right of way extends to the front buildings. Staff plans to bring a request to abandon the portion of the right of way behind the sidewalk to the council, and maintain only an easement for utility purposes.

Eric Allen purchased the property in 2019 and has made a comprehensive effort to remove the trash and debris and make cosmetic repairs to the buildings. Additional work is still needed to install a new roof and make structural repairs to the buildings. Mr. Allen has the long term goal of maintaining the existing residential uses and ultimately the restoration of the commercial use of the main building.

Mr. Allen inquired as to whether or not his project would be eligible for the Business Resiliency Loan Program that the City recently established to support business struggling with losses during the COVID19 Emergency. Staff reviewed his request and came to the conclusion that his project did not fall under the Business Resiliency Loan Program, as there was not an existing business at that location. However, staff thought that a proposed loan for this project could improve the potential for commercial use of this site and facilitate the rehabilitation of a long term nuisance property into the future.

Mr. Allen requested that the City loan him $25,000 at an interest rate of 2.5% with deferred payments for a period of one year with the entire amount amortized over 30 years payable in 10 years. Funds for this loan could come from Fund 836, which are proceeds from a past Industrial Development Grant with the purpose of setting up a revolving Loan fund to encourage business retention, expansion of existing businesses and job retention and creation. It is the opinion of staff that this relatively small investment would be instrumental for Mr. Allen to restore the long term viability of these buildings for commercial use.

Redwood Region Economic Development Corporation (RREDC), has agreed to help underwrite and service the loan and review documentation from Mr. Allen in a manner similar to the Business Resiliency Loan Program to the extent practicable, with the deviations to the loan terms stated above. A copy of the loan program guidelines are attached.

Additionally, Mr. Allen has requested that the City consider a lease of the City owned vacant lot immediately to the south of the subject parcel to provide overflow parking. This parcel is currently vacant and could not be developed as it consists primarily of a creek channel, riparian habitat and a small graveled area that has been used for staging and parking in the past. The APN of the parcel is 203-302-017. The City has no current use for this parcel other than for future drainage related work, for which the property should be retained. Renting or leasing the property to Mr. Allen for additional parking would not conflict with that future use. If acceptable to the council, the City Manager would develop a lease and a fair lease amount for the use of this property. Provisions would be included in the lease to protect the riparian habitat, maintain the vegetation on the property to avoid a nuisance condition and to not encumber the site Business Agenda Item C

with storage of equipment, materials or other materials other than for short term staging to support the renovation of the buildings. The lease would be similar to the lease of the alley adjacent to Hunan Village Restaurant.

A street view of the vacant parcel with Mr. Allen’s property in the background is shown below.

FINANCIAL IMPACT:

The city would provide $25,000 from Business Loan Fund 836 and collect 2.5% interest on that amount over the term of the loan. The current balance of Fund 836 is approximately $500,000 with anticipated proceeds (approximately $375,000) from the sale of the city-owned property at 320 Main to be deposited within this fund within the next five years. In the event of a foreclosure on the property the City could lose the amount of principle loaned to Mr. Allen.

The value of the lease would likely be a relatively small amount (estimated at approximately $200 per year) that would adjust annually to reflect the increase in property values.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Approve a business Loan in the amount of $25,000 to Eric Allen for the renovation of the commercial property at 1434 Rohnerville Road and Authorize City Manager to establish terms and lease adjacent vacant city owned parcel.

ATTACHMENTS:
 Business Resiliency Emergency Loan Program Application Guidelines  APN Map of Subject Parcels
Business Resiliency Emergency Loan Program
Guidelines
April 1, 2020
Approved: _____________________
Purpose
These guidelines are intended to regulate the rapid response emergency lending to businesses in the City of Fortuna to provide short-term capital to bridge SBA, Disaster Relief, private lending in response to the COVID-19 response. The City Manager is authorized to amend these guidelines from time to time to ensure they respond to community need. To the extent feasible, this program will be regionalized, combined with regional sources, serviced by regional partners, and/or combined with other similar loan programs. The intent is to ensure consistency across jurisdictions and entities participating in the Business Resiliency Emergency Loan Program.

These guidelines are authorized as amended pursuant to Resolution 190-63.

Loan Terms
Loan Limits: Up to $10,000 in local program funds. Loan amount determined in underwriting based on need.

Loan Rate: 2.5% APR simple interest
Loan Terms:

1. Payments deferred for six months from close;

2. five year amortized thereafter upon approval if no other source of refinance available;

3. secured by ucc and/or personal guarantee;

4. no prepayment penalty.

Underwriting:

1. COVID-19 related gross revenue impact. Minimum 25% reduction in gross revenue. This must be documented in some way, and may include:
a. financials, tax returns, or other evidence of loss. May be prospective based on evidence (cancellation in orders, for example);
b. New businesses may use shorter periods or differences between projected and actual.

2. Bank referral/rejection. These loans are for non-bankable customers. If the applicant has a line of credit, a bankable loan, access to SBA loan funds, or is a customer at a bank that is offering SBA lending.
a. Applicants must have explored other potential funding sources

3. SBDC business loan counseling is required. Applicant must have been referred by, or is on the expedited business counseling list for SBDC before loan approval.

4. Application must describe how loan proceeds will provide resiliency (term operations extended, reduction in impact to A/P, making existing payroll obligations, etc.). This needs to be supported by the
Servicing:

AEDC to service loans
Eligible Uses:

1. payroll;

2. accounts payable (immediate and necessary);

3. rent/mortgage payments;

4. Utilities;

5. Other Operating Expenses.

Eligible Borrowers:

1. Business located in the City limits
a. Manufacturing, service, retail

2. Non-profits

3. Sole proprietors/self-employed
Process Map:
[Need to outline in more detail]

1. Applicant referral to City (direct, SBDC, AEDC, other)

2. City staff to discuss available programs (SBA, PPP, BRELP, ME).

3. Referral to SBDC

4. Referral to AEDC to conduct underwriting, processing, funding

5. Reporting/loan servicing

Consent Item 4h

STAFF REPORT
City Council Consent Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Lease agreement between City of Fortuna and Humboldt County for Library Building
STAFF RECOMMENDATION:

Authorize the City Manager to negotiate terms and finalize a lease agreement with the County of Humboldt for the Fortuna Library building.

INTRODUCTION:

The City of Fortuna owns the building that houses the Fortuna Library at 753 14th Street. The Library is currently operated by the County of Humboldt consistent with a memorandum of understanding (MOU) executed in 1990, Attachment A. In accordance with the MOU, the City provides the building maintenance, janitorial and utilities and the County provides staff and operates the library.

On October 19, 2022, the City was awarded $219,083 through the Building Forward Library Infrastructure (BFLI) grant administered by the California State Library for upgrades to the library building including accessibility and energy efficiency improvements. The Council authorized the execution of the grant agreement on November 21, 2022.

The grant guidelines require a formal lease agreement between the grantee and sub recipient to ensure that the improvements will be in place and used for library purposes for at least 15 years.

In order to satisfy this condition, the County provided the City with a draft lease intended to replace the existing MOU.

There were a number of provisions in the draft lease provided by the County that could pose a significant liability to the City. The City Manager and City Attorney reviewed the lease and provided suggested changes back to the County for review. This draft lease with suggested changes is attached as Attachment B.

It is necessary to finalize the provisions in this lease with the County and return the executed lease the California State Library agency to finalize the grant within the next couple of weeks. It is anticipated that the County will approve the lease at the next Board of Supervisors Meeting on March 14th.

Staff requests that the Council authorize staff to negotiate the lease on behalf of the City and execute the lease in order to satisfy the grant timeline with eh California State Library agency. The Consent Item 4h

lease clearly outlines the rights and responsibilities of the City as the property owner and the County as the operator of the Fortuna Library.

FINANCIAL IMPACT:

Execution of the Lease will allow the City to proceed with the grant project and improve the library building at no cost to the City. The County will provide the required match and complete the design and construction oversight of the project. The grant amount is $219,083 and the value will be added to the city-owned library building. Additionally, the addition of solar and batteries, and updated HVAC equipment will reduce the utility bills over the life of the building that are paid for by the City.

RECOMMENDED COUNCIL ACTION:

Authorize the City Manager to negotiate and execute a lease with the Count of Humboldt for use of the library building. Consent agenda vote.

ATTACHMENTS:
 Exhibit A—Original MOU with the County of Humboldt for Use of Library Building  Exhibit B—Draft Lease with Proposed Changes Tracked

City of Fortuna FY 22/23-37/38 Page 1 of 14

LEASE AGREEMENT

BY AND BETWEEN

COUNTY OF HUMBOLDT
AND

CITY OF FORTUNA
This Lease Agreement (“Lease”) entered into this ____ day of ____________, 2023, by and between the County of Humboldt, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and the City of Fortuna, a California municipal corporation, hereinafter referred to as “CITY,” is made upon the following considerations:

WHEREAS, COUNTY desires to continue leasing the premises located at 753 Fourteenth Street, Fortuna, California 95540 for the purpose of operating the Fortuna Library; and WHEREAS, CITY is willing to continue leasing the premises located at 753 Fourteenth Street, Fortuna, California 95540 to COUNTY for the purpose of operating the Fortuna Library; and WHEREAS, CITY is willing to continue providing housing, building maintenance, utilities, gardening, janitorial, trash disposal and property and liability insurance associated with the premises located at 753 Fourteenth Street, Fortuna, California 95540; and WHEREAS, COUNTY is willing to continue providing library staff, furnishings, materials, liability insurance, and property insurance for library contentsits personal property and library contents, phone service, and maintenance contracts for equipment that requires it.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby mutually agree as follows:

1. PREMISES:

Subject to the terms and conditions of this Lease, CITY hereby leases to COUNTY, and COUNTY leases from CITY, the premises located at 753 Fourteenth Street, Fortuna, California 95540, as more particularly described in Exhibit A – Property Description, which is attached hereto and incorporated herein by reference as if set forth in full.

2. USE OF PREMISES:

A. Intended Use. The leased premises shall be used by COUNTY for the purpose of operating the Fortuna Library. COUNTY shall determine the size of the collection and the hours of service offered at the Fortuna Library. The Fortuna Library shall be treated in the same manner as the other library branches operated by COUNTY, receiving an equitable share of the COUNTY library resources based upon population served, resources available and local demand for service.

B. Unusable due to Destruction. In the event the leased premises is destroyed in whole or in part by fire or other casualty to the extent that they are substantially unusable, COUNTY reserves the right to forthwith terminate this Lease upon written notice within seven (7) days following the date of loss. In the event that the leased premises is destroyed in whole or in part by fire or other casualty, CITY shall have the option to rebuild or to terminate this Lease. Such option shall be exercised by CITY by providing written notice to COUNTY within seven (7) days following the date of loss. If the event the CITY does not provide notice within the seven (7) day period, the CITY shall be deemed to have elected to terminate the Lease. CITY’s option City of Fortuna FY 22/23-37/38 Page 2 of 14
to rebuild shall not affect COUNTY’s right to terminate this Lease as set forth herein.

C. Unusable due to Illegality or Condemnation. If it becomes unlawful for COUNTY to conduct its intended operations on the premises, or if a portion of the premises thereto is condemned by a public authority to the extent that it becomes impossible to use the premises, or if any highway or street change is made diverting or re-routing traffic away from the premises to the extent that the premises becomes impossible to use, COUNTY shall have the right at any time thereafter to terminate this Lease by giving CITY seven (7) days advance written notice of such termination.

D. Unusable for Intended Operations. If the premises becomes unusable from a practical standpoint for a period of ten (10) consecutive days or longer as a result of causes, including, without limitation, flood, strikes, riots, insurrection, or other similar or different causes, beyond the control of CITY and COUNTY, COUNTY may terminate this Lease upon seven (7) days written notice to CITY. The remedy set forth herein are in addition to, and do not in any manner limit, any other remedies available to COUNTY.

E. Continuity of Library Services. In the event the premises becomes unusable for any reason, CITY shall may provide a be responsible for providing a legally compliant alternative temporary facility within the City of Fortuna for operation of the Fortuna Library that is mutually agreed upon by both parties hereto throughout the term of this Lease and any extensions thereof. CITY shall be solely responsible for bearing the costs and expenses of providing the alternative facility required pursuant to the terms and conditions of this Lease. If the CITY chooses not to provide a legally compliant alternative or if the parties do not mutually agree to the use of such a facility, than the CITYCOUNTY may choose to terminate the lLease upon seven (7) days written notice to CITY.as described under paragraph D above.

3. QUIET ENJOYMENT:

Subject to the terms and conditions of this Lease, CITY shall secure to COUNTY the quiet and peaceful possession of the premises and all rights and privileges appertaining thereto.

4. TERM OF LEASE:

A. Initial Term. This Lease shall begin upon execution by both parties hereto and shall remain in full force and effect for a period of fifteen (15) years, unless extended or sooner terminated as set forth herein.

B. Extension. This Lease shall be automatically extended for three (3) successive five (5) year terms, upon the same terms and conditions set forth herein, unless either party provides written notice of non-renewal to the other party at least ninety (90) days prior to the end of the initial term or any subsequent five (5) year extension thereof.

C. Holding Over. Any holding over beyond the term of this Lease shall be a month-to-month tenancy which is subject to all of the terms and conditions set forth herein.

5. TERMINATION:

A. Termination for Cause. COUNTY Either party may, in its sole discretion, immediately terminate this Lease, if CITY the other party fails to comply with the terms or conditions set forth herein, or violates any local, state or federal law, regulation or standard applicable to its performance hereunder.; provided however, that before a party may terminate the Lease, the party must provide the other party notice of the breach and a fifteen (15) day period to remedy the breach.

City of Fortuna FY 22/23-37/38 Page 3 of 14
B. Termination without Cause. COUNTY may terminate this Lease without cause upon ninety (90) days advance written notice which states the effective date of the termination.

C. Termination due to Insolvency. COUNTY Either party may immediately terminate this Lease, if CITY the other party files for bankruptcy, becomes insolvent or makes an assignment of a substantial part of its property for the benefit of creditors.

D. Termination due to Insufficient Funding. COUNTY’s obligations under this Lease are contingent upon the availability of local, state and/or federal funds. In the event such funding is reduced or eliminated, COUNTY shall, at its sole discretion, determine whether this Lease shall be terminated. COUNTY shall provide CITY seven (7) days advance written notice of its intent to terminate this Lease due to insufficient funding.

E. Termination due to Misrepresentation. COUNTY may immediately terminate this Lease, if CITY intentionally provides COUNTY with false or misleading information or misrepresents any material fact on its application or statement to or before COUNTY, or intentionally fails to make full disclosure on its financial statement or other documents.

F.E Surrender of Premises. Upon termination of this Lease, COUNTY shall surrender the premises to CITY in good condition and repair, except for normal wear and tear. COUNTY shall be under no obligation to repair or restore the whole or any portion of the premises which may be damaged by reason of fire, earthquake, the elements or other casualty., except to the extend cause by a negligent act or omission of the COUNTY.

6. CONSIDERATION:

The consideration for COUNTY’s use of the premises shall be the public benefit resulting from the operation of the Fortuna Library.

7. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND STANDARDS:

A. Construction Requirements. CITY hereby covenants and warrants that the premises have been constructed, and any remodeling done, in accordance with any and all local, state and federal laws, regulations and standards, including, without limitation, the Americans with Disabilities Act.

B. Licensure, Certification and Accreditation Requirements. CITY hereby agrees to comply with any and all applicable licensure, certification and accreditation standards or criteria established by any local, state or federal governmental agency.

C. Life, Safety and Fire Protection Requirements. CITY shall supply, install and maintain life, safety and fire protection systems, including, without limitation, fire extinguishers, fire alarms and other fire protection and suppression devices, in compliance with any and all applicable local, state and federal building and fire codes.

DA. Smoking Requirements. CITY hereby agrees to comply with any and all applicable provisions of Sections 971-1, et seq. of the Humboldt County Code, which prohibit smoking in any and all facilities owned, leased, licensed or otherwise controlled by COUNTY.

8. UTILITIES:

Commented [A1]: The county will be leading the design
and has participated in the renovation of the interior of the property to meet ADA guidelines.

City of Fortuna FY 22/23-37/38 Page 4 of 14
CITY hereby agrees to furnish, and pay any and all charges related to, propane, gas, refuse collection, electricity, water and sewer services supplied to, and used in, the premises. COUNTY shall pay for its own telephone and communications services.

9. JANITORIAL:

CITY shall be responsible for providing any and all necessary janitorial services to the premises as set forth in Exhibit B – Janitorial Services, which is attached hereto and incorporated herein by reference as if set forth in full.

10. MAINTENANCE AND REPAIRS:

A. General Maintenance Requirements. During the term of this Lease or any extension thereof, CITY shall maintain the premises in good repair and tenantable condition so as to minimize breakdowns and loss of COUNTY’s use of the premises caused by deferred or inadequate maintenance. CITY shall be responsible for all reasonably necessary maintenance and repairs to the premises, including, without limitation, the interior and exterior of the building, including, but not limited to, landscaping, parking lot with associated striping and sealing, heating, ventilation and air conditioning system, fire extinguishers, window glass, exterior and interior doors with associated fixtures and flooring, except for the following: minor plumbing, such as repairing faucets, toilets and the unstopping of toilets and sinks.; any repairs caused by the negligence of COUNTY personnel; and any repairs to phone systems, computers or security systems or the installation thereof. CITY hereby guarantees to rectify, at its own cost and expense, any defects, shrinkage or faults in any maintenance and repairs performed by CITY pursuant to the terms and conditions of this Lease.

B. Heating, Ventilation and Air Conditioning System Maintenance Requirements. The Heating, Ventilation and Air Conditioning (“HVAC”) system shall be maintained and operated by CITY to provide at least the quantity of outdoor air required by the state building standards in effect at the time the building permit was issued. The HVAC system shall be inspected each year by a qualified inspector. CITY shall notify COUNTY when the inspection shall occur. CITY shall provide COUNTY with a copy of the inspection report within two (2) days of receipt by CITY.

CITY shall correct any problems found during the inspection within ten (10) days after the date of the inspection. CITY shall change the HVAC filters and clean the HVAC vents on a quarterly basis.

C. Life, Safety and Fire Protection System Maintenance Requirements. CITY shall service fire extinguishers at least annually and as requested by COUNTY if more frequent service is needed.

D. Performance Requirements. CITY shall have ten twenty (1020) days after receiving notice from COUNTY to begin performing its obligations set forth herein, except that CITY shall perform its obligations immediately if the nature of the problem presents a material hazard or emergency as determined by COUNTY. If CITY does not perform its obligations within the time limitations set forth herein, COUNTY, after providing notice to CITY, can perform the obligations and has the right to be reimbursed for the sums actually and reasonably expended, including, without limitation, charges for COUNTY labor and equipment, in the performance of CITY’s obligations. Any notice or demand concerning a material hazard or emergency may be made orally, by telephone or otherwise, provided that written confirmation is given within two (2) days after the oral notice or demand is made.

E. Access to Premises. CITY shall provide COUNTY with at least forty-eight (48) hours advance written notice of any access to the premises that is needed to perform any maintenance, repairs Commented [A2]: There is no parking lot
City of Fortuna FY 22/23-37/38 Page 5 of 14
or inspections required pursuant to the terms and conditions of this Lease.

11. IMPROVEMENTS AND ALTERATIONS:

A. Non-Structural Modifications. Upon the receipt of CITY’s prior written consent, which shall not be unreasonably withheld, COUNTY may, at its own cost and expense, make non-structural modifications to the premises in order to accommodate COUNTY’s use thereof, including, without limitation, installing additional equipment or fixtures, which shall include, but not be limited to: security, telephone, key, intercom and sound masking systems and related equipment, including, but not limited to, cameras, wiring, data cable, keypads, answering machines; access control devices and associated hardware; and fire alarms and other life and safety devices beyond those required pursuant to the terms and conditions of this Lease. Upon termination of this Lease, COUNTY shall have the right to remove from the premises any such equipment installed thereby.

B. Library Furnishings and Supplies. Furniture and supplies purchased for operation of the Fortuna Library with funds raised for that specific purpose.. Although such items shall carry COUNTY’s inventory markings, each party hereby agrees that the furniture and supplies shall remain in the Fortuna Library. In the event the Fortuna Library no longer needs an item, COUNTY may transfer the item to another COUNTY library or dispose of the item in the same manner as prescribed for all other COUNTY owned assets. In the event that COUNTY cannot continue operation of the Fortuna Library, for any reason whatsoever, the furniture and supplies shall remain COUNTY property.

12. INSTALLATION AND REMOVAL OF TRADE FIXTURES, SIGNS AND EQUIPMENT:

COUNTY may cause or permit to be installed and/or affixed to the premises such fixtures, signs and equipment as COUNTY deems desirable, and all such fixtures, signs and equipment shall remain the property of COUNTY and may be removed at any time provided that COUNTY, at its own cost and expense, shall repair any damage caused by reason of such removal. CITY hereby agrees that no signs or advertising matter of any nature other than COUNTY’s shall be permitted upon the premises. CITY shall cooperate with COUNTY in obtaining any variances from restrictions placed on the use of signs by local authorities. The parties shall mutually agree upon the location, size and style of any signs.

13. REAL PROPERTY TAXES:

CITY shall pay any and all real property taxes and general and special assessments levied and assessed against the premises.

14. INDEMNIFICATION:

A. Mutual Indemnity. Each party hereto shall hold harmless, defend and indemnify the other party, and its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses of any kind or nature, including, without limitation, attorney’s fees and other costs of litigation, arising out of, or in connection with, the negligent performance of, or failure to comply with, any of the duties and/or obligations contained herein, and any amendments hereto, except such loss or damage which was caused by the sole negligence or willful misconduct of the other party or its agents, officers, officials, employees or volunteers.

B. Comparative Liability. Notwithstanding anything to the contrary, in the event that both parties are held to be negligently or willfully responsible, each party will bear its proportionate share of Commented [A3]: Something is missing here.

City of Fortuna FY 22/23-37/38 Page 6 of 14
liability as determined in any such proceeding. In such cases, each party will bear its own costs and attorney’s fees.

C. Effect of Insurance. Acceptance of the insurance required by this Lease shall not relieve either party from liability under this provision. This provision shall apply to all claims for damages related to either party’s performance hereunder, regardless of whether any insurance is applicable or not.

15. INSURANCE REQUIREMENTS:

This Lease shall not be executed by COUNTY, and CITY is not entitled to any rights hereunder, unless certificates of insurance, or other proof that the following provisions have been complied with, are filed with the Clerk of the Humboldt County Board of Supervisors and the City Clerk of the CITY.

A. General Insurance Requirements. Without limiting either party’s indemnification obligations set forth herein, each party shall take out and maintain, throughout the entire term of this Lease, and any extensions thereof, the following policies of insurance, placed with insurers authorized to do business in the State of California with a current A.M. Bests rating of no less than A: VII or its equivalent against personal injury, death and property damage which may arise from, or in connection with, the activities of the covered party or its agents, officers, directors, employees, licensees, invitees or assignees:

1. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001), in an amount of Two Million Dollars ($2,000,000.00) per occurrence for any one (1) incident, including, without limitation, personal injury, death and property damage. If a general aggregate limit is used, such limit shall apply separately hereto or shall be twice the required occurrence limit.

2. Automobile/Motor Liability Insurance with a limit of liability not less than One Million Dollars ($1,000,000.00) combined single limit coverage. Such insurance shall include coverage of all owned, hired and non-owned vehicles, and be at least as broad as Insurance Service Offices Form Code 1 (any auto).

3. Workers’ Compensation Insurance, as required by the California Labor Code, with statutory limits, and Employers Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Said policy shall contain, or be endorsed to contain, a waiver of subrogation against the other party and its agents, officers, officials, employees and volunteers.

B. Special Insurance Requirements. Said policies shall, unless otherwise specified herein, be endorsed with the following provisions:

1. The comprehensive and/or commercial general liability policy shall provide that the other party, and its agents, officers, officials, employees and volunteers, are covered as additional insured for liability arising out of the operations performed by, or on behalf of, of the covered party. The coverage shall contain no special limitations on the scope of protection afforded to the other party or its agents, officers, officials, employees and volunteers. Said policy shall also contain a provision stating that such coverage:
a. Includes contractual liability.

City of Fortuna FY 22/23-37/38 Page 7 of 14
b. Does not contain exclusions as to property damage caused by explosion or collapse of structures or underground damage, commonly referred to as “XCU Hazards.” c. Is the primary insurance with regard to the other party. d. Does not contain a pro-rata, excess only and/or escape clause. e. Contains a cross liability, severability of interest or separation of insureds clause.

2. The above-referenced policies shall not be canceled, non-renewed or materially reduced in coverage without thirty (30) days prior written notice being provided to the other party in accordance with the notice requirements set forth herein. It is further understood that the covered party shall not terminate such coverage until the other party receives adequate proof that equal or better insurance has been secured.

3. The inclusion of more than one (1) insured shall not operate to impair the rights of one (1) insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one (1) insured shall not operate to increase the limits of the insurer’s liability.

4. For claims related to this Lease, the covered party’s insurance is the primary coverage to the other party, and any insurance or self-insurance programs maintained by the other party are excess to the covered party’s insurance and will not be used to contribute therewith.

5. Any failure of the covered party to comply with the terms and conditions of this Lease shall not affect the coverage provided to the other party or its agents, officers, officials, employees and volunteers.

6. Each party shall furnish the other party with certificates and original endorsements effecting the required coverage prior to execution of this Lease. The endorsements shall be on forms approved by each party. Any deductible or self-insured retention over One Hundred Thousand Dollars ($100,000.00) shall be disclosed to, and approved by, the other party. Either party may terminate this Lease, if the other party fails to keep all insurance policies required pursuant to the terms and conditions of this Lease in effect.

7. Each party is to be notified immediately if twenty-five percent (25%) or more of any required insurance aggregate limit is encumbered, and the covered party shall be required to purchase additional coverage to meet the above-referenced aggregate limits.

C. Insurance Notices. Any and all insurance notices required hereunder shall be sent to the addresses set forth below in accordance with the notice requirements contained herein.

COUNTY: County of Humboldt
Attention: Risk Management
825 Fifth Street, Room 131
Eureka, California 95501
CITY: City of Fortuna
Attention: Siana Emmons, Risk Management
621 Eleventh Street
Fortuna, California 95540

City of Fortuna FY 22/23-37/38 Page 8 of 14

16. NUCLEAR-FREE HUMBOLDT COUNTY ORDINANCE COMPLIANCE:

By executing this Lease, CITY certifies that it is not a Nuclear Weapons Contractor, in that CITY is not knowingly or intentionally engaged in the research, development, production or testing of nuclear warheads, nuclear weapons systems or nuclear weapons components as defined by the Nuclear-Free Humboldt County Ordinance. CITY agrees to notify COUNTY immediately if it becomes a Nuclear Weapons Contractor, as defined above. COUNTY may immediately terminate this Lease if it determines that the foregoing certification is false or if CITY subsequently becomes a Nuclear Weapons Contractor.

17. REMEDIES ON DEFAULT:

COUNTY may, at any time after CITY is in default, terminate this Lease as set forth herein or cure the default at the expense of CITY. CITY may, at any time after COUNTY is in default, terminate this Lease as set forth herein or cure the default at the expense of COUNTY. If COUNTY at any time, by reason of CITY’s default, pays any sum, or does any act that requires the payment of any sum, the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of receiving written notice of such sum, and if paid at a later date shall bear interest at the maximum rate COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by CITY. The remedies set forth herein are in addition to, and do not in any manner limit, any other applicable legal remedies available to COUNTY.

18. REMEDY FOR BREACH:

In the event of any breach of this Lease by either party, each party hereto shall have all rights and remedies provided by law.

19. NOTICES:

Any and all notices required to be given pursuant to the terms and conditions of this Lease shall be in writing and either served personally or sent by certified mail, return receipt requested, to the respective addresses set forth below. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Each party may at any time change its address for notice by giving written notice of such change to the other party in the manner provided in this section.

CITY: City of Fortuna
Attention: Siana Emmons, Risk ManagementMerritt Perry, City Manager 621 Eleventh Street
Fortuna, California 95540
COUNTY: Humboldt County Public Library System
Attention: Chris Cooper, Director of Library Services
1313 Third Street
Eureka, California 95501

20. ASSIGNMENT:

Neither party shall delegate its duties or assign its rights hereunder, either in whole or in part, without the other party’s prior written consent, which shall not be unreasonably withheld. Any assignment by CITY in violation of this provision shall be void, and shall be cause for immediate termination of this Lease. This provision shall not be applicable to service agreements or other arrangements usually or customarily entered into by either party to obtain supplies, technical support or professional services.

City of Fortuna FY 22/23-37/38 Page 9 of 14

21. AMENDMENT:

This Lease may be amended at any time during the term hereof upon the mutual consent of both parties. No addition to, or modification of, the terms of this Lease shall be valid unless made in writing and signed by authorized representatives of the parties hereto.

22. RELATIONSHIP OF PARTIES:

It is understood that this Lease is by and between two (2) independent entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or any other similar association. Each party hereto shall be responsible for the acts and omissions of its agents, officers, officials, directors, employees, licensees, invitees, assignees and subcontractors.

23. ATTORNEY’S FEES:

If either party shall commence any legal action, including, without limitation, an action for declaratory relief, against the other by reason of the alleged failure of the other to perform any of its obligations hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys’ fees, including, but not limited to, the reasonable value of services rendered by the Humboldt County Counsel’s Office, to be fixed by the court, and such recovery shall include court costs and attorneys’ fees on appeal, if applicable. As used herein, the term “prevailing party” means the party who dismisses an action in exchange for payment of substantially all sums allegedly due, performance of provisions allegedly breached, or other considerations substantially equal to the relief sought by said party, as well as the party in whose favor final judgment is rendered.

24. WAIVER OF BREACH:

The waiver by either party of any breach of this Lease shall not shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Lease.

25. BINDING EFFECT:

All provisions of this Lease shall be fully binding upon, and inure to the benefit of, the parties and to each of their heirs, executors, successors and permitted assigns.

26. JURISDICTION AND VENUE:

This Lease shall be construed under the laws of the State of California. Any dispute arising hereunder, or relating hereto, shall be litigated in the State of California and venue shall lie in the County of Humboldt unless transferred by court order pursuant to California Code of Civil Procedure Sections 394 or 395.

27. INSPECTION OF PREMISES BY CERTIFIED ACCESS SPECIALIST:

A. Inspection Requirements. A Certified Access Specialist (“CASp”) may inspect the premises and determine whether the premises complies with any and all applicable accessibility requirements set forth in the Americans with Disabilities Act and any other applicable local, state and federal laws, regulations and standards. CITY may not prohibit COUNTY from obtaining a CASp inspection of the premises, if requested thereby. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection. Any and the payment of the fee City of Fortuna FY 22/23-37/38 Page 10 of 14
for the CASp inspection at the request of the COUNTY shall be paid for by the COUNTY.

B. Removal of Accessibility Barriers. CITY shall, at its own cost and expensediscretion, may make any repairs necessary to correct violations of any and all applicable accessibility standards as specified in the CASp Inspection Report and Assessment within one hundred eighty (180) days after the receipt thereof or terminate the lease at its sole discretion. If the accessibility barriers identified in the CASp Inspection Report and Assessment are not adequately removed within the time period set forth herein, CITY shall be in default of this Lease. COUNTY reserves the right to exercise any available remedies upon CITY’s default pursuant to the terms and conditions of this Lease. The parties hereto shall mutually agree on the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. If the parties are unable to agree, either party hereto may terminate the Lease upon seven (7) days written notice.

28. INTERPRETATION:

This Lease, as well as its individual provisions, shall be deemed to have been prepared equally by both parties hereto, and shall not be construed or interpreted more favorably for one (1) party on the basis that the other party prepared it.

29. INDEPENDENT CONSTRUCTION:

The titles of the sections, subsections, paragraphs and clauses set forth herein are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Lease.

30. SEVERABILITY:

If any provision contained herein is declared by a court of competent jurisdiction to be void or unenforceable as written, the parties intend and desire that such provision be enforced and enforceable to the fullest extent permitted by law and that the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the balance of this Lease.

31. PROVISIONS REQUIRED BY LAW:

This Lease is subject to any additional local, state and federal restrictions, limitations or conditions that may affect the terms, conditions or funding of this Lease. This Lease shall be read and enforced as though all legally required provisions are included herein, and if for any reason any such provision is not included, or incorrectly stated, the parties agree to amend the pertinent section to make such insertion or correction.

32. REFERENCE TO LAWS, REGULATIONS AND STANDARDS:

In the event any law, regulation or standard referred to herein is amended during the term of this Lease, the parties agree to comply with the amended provision as of the effective date of such amendment.

33. SURVIVAL OF PROVISIONS:

Portions of this Lease are intended to survive any expiration or termination of this Lease. Accordingly, all provisions hereof which contemplated performance after any such event shall so survive, as shall all indemnity and restoration obligations, and the right to exercise remedies for default.

City of Fortuna FY 22/23-37/38 Page 11 of 14

34. ENTIRE AGREEMENT:

This Lease contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Lease shall be deemed to exist or to bind either of the parties hereto. In addition, this Lease shall supersede in their entirety any and all prior agreements, promises, representations, understandings and negotiations between the parties, whether oral or written, concerning the same subject matter. Any and all acts which may have already been consummated pursuant to the terms and conditions of this Lease are hereby ratified.

35. COUNTERPART EXECUTION:

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

36. AUTHORITY TO EXECUTE:

Each person executing this Lease represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Lease. Each party represents and warrants to the other that the execution and delivery of this Lease and the performance of such party’s obligation hereunder have been duly authorized.

IN WITNESS WHEREOF, the parties have entered into this Lease as of the first date written above.

CITY OF FORTUNA:

By: _______________________________________ Date: __________________________ Name: _____________________________________
Title: ______________________________________
COUNTY OF HUMBOLDT:

By: _______________________________________ Date: __________________________ Steve Madrone, Chair
Humboldt County Board of Supervisors

INSURANCE AND INDEMNIFICATION REQUIREMENTS APPROVED:

By: _______________________________________ Date: __________________________ Risk Management
LIST OF EXHIBITS:

City of Fortuna FY 22/23-37/38 Page 12 of 14
Exhibit A – Property Description
Exhibit B – Janitorial Services
Exhibit C – 1989 MOU with City of Fortuna for use of Fortuna Library Exhibit D – Fortuna Library Building Forward Scope of Project Exhibit E – Building Forward Grant Guidelines

EXHIBIT A

PROPERTY DESCRIPTION
City of Fortuna
Leased premises at 753 Fourteenth Street, Fortuna, California 95540 (Assessors Parcel Number: 040-021- City of Fortuna FY 22/23-37/38 Page 13 of 14
008)
City of Fortuna FY 22/23-37/38 Page 13 of 14
Business Item 5a

STAFF REPORT
City Council Business Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Public Works Project Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: Authorize the City Manager to award the Water Tank Recoating Project (CIP 0925) to Simpson Sandblasting and Coating
STAFF RECOMMENDATION:

Authorize the City Manager to award the Water Tank Recoating Project (CIP 0925) to Simpson Sandblasting and Coating and establish a maximum contract amount of $955,000 and approve a Supplemental Budget Request (SBR) in the amount of $783,000.

EXECUTIVE SUMMARY:

The Hillside and Campton Heights water tanks were constructed in 1989 and 1990, respectively.

Unlike the City’s water tank at Stuart Street or Vancil, these tanks are made of steel, and therefore require protective interior and exterior coatings to prevent corrosion and prolong tank life. To date, both tanks still have the original coatings. In the early 2010’s, a project was added to the five-year Capital Improvement Program (CIP) as it was recognized that within the decade these tanks would require coating rehabilitation and/or replacement. In 2018, both tanks were fully inspected and it was determined the exterior coatings were beginning to fail, however the interior condition was generally good, and no interior rehabilitation was recommended at that time.

Over the next few years, the exterior coating project was in development; however, it was not until early 2022 that staff were able to ready the project for construction. Since several years had passed since the previous interior inspection, in June of 2022 staff worked with a specialized contractor to dive-inspect both tanks prior to finalizing a rehabilitation plan for the exterior. After the 2022 inspection, it was found that the interior coatings were showing signs of failure, and it was recommended to include the interior coating rehabilitation in the upcoming construction project.

The recommendation came from the City’s consulting engineer, GHD Inc, who has been retained through the on-call engineering contract to develop the project design and assist the City during construction. The recommendation to expand the project to include the interior coating of the reservoirs came after the adoption of the 2022/23 fiscal year budget and CIP, and therefore a supplemental budget request is required to increase the project budget to include the additional work
The current project as bid will include stripping the interiors and roofs of the tanks to bare metal, and applying several layers of new coating. The exterior sides of the tanks will be pressure washed Business Item 5a

clean, spot prepped, etched and recoated. The tanks are large and the interiors are confined spaces, and therefore a reasonably large amount of scaffolding and ventilation will be required to complete the project, all items that increase overall project cost and effort.

With the design and contract documents finalized, the Water Tank Recoating Project bid package was released and publically advertised on December 12, 2022. The bid period ended on January 25, 2023, at 2:00 p.m., which time the City, received four responsive bids shown in the table below:

Bidder Base Bid Total
Simpson Sandblasting and Coating $866,931
Unified Field Services $882,842
Farr Construction $910,700
Euro Style Management $1,037,000
The apparent low bid was submitted by Simpson Sandblasting and Coating with a total bid price of $866,931. A detailed breakdown of the bids can be found in Attachment B. City staff and our consulting engineers have confirmed that the bid received from Simpson Sandblasting and Coating are responsive and that they have the necessary licenses and registrations. The City’s consultants have also confirmed that this price is consistent with those seen around the state, especially when the contractor has to mobilize from out of the area. Staff recommend awarding the contract to Simpson Sandblasting and Coating.

The low bid from Simpson Sandblasting is higher than the total established City fiscal year budget of $300,000. As noted above the recommendation to expand the project to include rehabilitation of the tank interiors was made after the adoption of the FY 2022/23 budget, and therefore is higher than the original budget estimate. To cover the total cost of the project, which includes Simpson’s base bid price, a construction contingency, and continued construction support from the City’s consultants, a supplemental budget request has been prepared and is included as Attachment B.

If the project is awarded, staff anticipate being under contract in March. Mobilization and construction is anticipated to begin sometime this Spring, weather permitting, and the project would be completed before the rains next fall. The draft Notice of Potential Award is included as Attachment A.

FINANCIAL IMPACT:

The project is funded through the City Water Capital Reserve Funds (Fund 510). As noted above, the current fiscal year funding is $300,000. The total anticipated costs to complete the project are shown in the table below:

Business Item 5a

Item Cost
Contract with Simpson Sandblasting and
Coating $866,931
Construction Contingency (10%) $88,069
Construction Engineering (GHD Inc.) $128,800
Total $1,083,800
To complete the project, staff are requesting that the Council authorize a supplemental budget request for $783,000.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to Authorize the City Manager to award the Water Tank Recoating Project (CIP 0925) to Simpson Sandblasting and Coating and establish a maximum contract amount of $955,000, and approve a Supplemental Budget Request for $783,000. Voice vote.

ATTACHMENTS:
 Attachment A – Draft Notice of Potential Award
 Attachment B – Detailed Bid Results
 Attachment C – Supplemental Budget Request
Business Item 5a

Attachment A
March 6, 2023 Sent via E-mail
Simpson Sandblasting and Coating
14665 Rancho Vista Dr.

Fontana, CA 92335
Re: NOTICE OF POTENTIAL AWARD
Water Tank Recoating Project
Dear Mr. Ryan Simpson:

I am pleased to inform you of the intent to recommend that the City Council or its authorized designee award the Contract for the above-referenced Project (“Project”) to Simpson Sandblasting and Coating (“Contractor”) for the Contract Price of $866,931.00 based on Contractor’s Bid Proposal submitted on January 25, 2023.

A copy of the Contract accompanies this Notice. Contractor must execute 2 copies of the enclosed Contract and return the wet-inked copies to my attention, accompanied by the required Payment Bond, Performance Bond, and insurance certificates and endorsements, no later than ten days from the date of this Notice of Potential Award, above.

Failure to execute and return the enclosed Contract and required bonds and insurance documentation within the specified time could result in forfeiture of Contractor’s bid security. This Notice of Potential Award does not bind the City to award the Contract. The City, acting through its City Council or authorized designee, reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding any staff recommendation.

Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at [email protected]. Do not hesitate to contact me if you have any questions in this regard.

Sincerely,
Buffy Gray
Buffy Gray
Deputy City Clerk
Enclosure
Business Item 5a

Acknowledgement of Notice of Potential Award
On behalf of <________________________________________> (“Contractor”), I acknowledge receipt of the Notice of Potential Award for the Campton and Hillside Water Tank Coating Project:
s/_________________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Business Item 5a

Attachment B – Detailed Bid Results
Simpson
Sandblasting
Unified Field
Services
Farr
Construction
Euro Style
Management
BID
ITEM
NO.

ITEM DESCRIPTION EST.

QTY. UNIT

EXTENDED
TOTAL
AMOUNT

EXTENDED
TOTAL
AMOUNT

EXTENDED
TOTAL
AMOUNT

EXTENDED
TOTAL
AMOUNT
1 Mobilization/Demobilization 1 LS $ 38,000 $ 36,779 $ 49,900 $ 30,000 2 Prepare, Spot Prep, and Paint
Interior and Exterior Shell and
Roof of Existing 1-MG Steel OnGrade Campton Heights Tank 1 LS $ 556,848 $ 553,327 $ 577,400 $ 677,000
3 Prepare, Spot Prep, and Paint
Interior and Exterior Shell and
Roof of 250k-Gallon Steel OnGrade Hillside Tank
1 LS $ 265,583 $ 282,736 $ 259,400 $ 315,000
4 1-MG Steel On-Grade Campton
Heights Tank Disinfection and
Disposal of Disinfection Water
1 LS $ 3,500 $ 5,000 $ 14,400 $ 11,000
5 250k-Gallon Steel On-Grade
Hillside Tank Disinfection and
Disposal of Disinfection Water
1 LS $ 3,000 $ 5,000 $ 9,600 $ 4,000
Requesting Department: Packet #
JV #
Fund Name/s Amended: Prepared By
Checked By
Fund #/s Amended: Post Date
New Budget Appropriation Intra‐Department Budget Transfer Additional Budget Appropriation Other Budget Transfer

REVENUES
Account Description Account Number Current Budget  Proposed Amendments
Amended
Budgets
TOTAL

EXPENDITURES
Account Description Account Number Current Budget  Proposed Amendments
Amended
Budgets
TOTAL

PURPOSE
Department Head: Date:

Finance Director: Date:

City Manager: Date:

CITY OF FORTUNA
SUPPLEMENTAL BUDGET REQUEST
Business Item 5b

STAFF REPORT
City Council Business Item
DATE: March 6, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Director of Public Works/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Authorization to Award the Contract for the Wastewater Treatment Plant Percolation Pond Rehabilitation Project 2023
STAFF RECOMMENDATION:

Authorize the City Manager to award the Annual Wastewater Treatment Plant Percolation Pond Project to Wallace Structures and establish a maximum contract amount of $114,000.

EXECUTIVE SUMMARY:

The Percolation Pond Rehabilitation Project is an annual maintenance activity at the Wastewater Treatment Plant (WWTP), which includes the removal of depleted material, rehabilitation of the pond subgrade, and placement of clean imported permeable drain rock. This annual project is critical for the performance of the City’s treatment facility, given the regulatory mandate that the City not discharge directly treated effluent to surface water in between May 15 – September 30.

Bids for the Wastewater Treatment Plant Annual Percolation Pond Rehabilitation Project 2023 were opened on February 9, 2023. Three bids were received and the bid results are shown in the table below. As shown in the table, the apparent low bidder is Wallace Structures, and their bid was found to be responsive and responsible, and they confirmed that they are capable of meeting the project regulatory deadline of May 15th.

Bid Schedule
Bidders
Wallace Structures William Gray
Construction Wendt Construction
Total Base Bid $107,650 $113,400 $118,000
It is customary in contract administration to include a contingency amount with the authorized contract amount, in order to accommodate unforeseen conditions or changes that may become apparent during the course of construction. Staff feels that due to the well-defined nature of this project, an appropriate contingency factor is 5% of the contract amount.

Business Item 5b

If approved, staff will immediately work towards contracting, bonding, and insurance with Wallace Structures, and staff anticipated a work-commencement timeline of approximately mid-April, depending on weather and the conditions of the river.

FINANCIAL IMPACT:

The City budgets for this annual maintenance activity in the annual operating budget for Wastewater Treatment (Department 6600, Fund 550). There is currently $110,000 budgeted for this project, which would cover the cost of the project unless unforeseen change orders are required. If change orders are necessary which increase the project cost to the not to exceed amount, the division’s general contracting budget can be used to supplement the additional costs.

Staff recommends that Council authorize the City Manager to enter into a contract with Wallace Structures in the amount of $107,650.00, and establish contingency funds for the contract in the amount of roughly 5% of the base bid amount resulting in an authorized not to exceed amount for the project of $114,000.00.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to award the contract to Wallace Structures for $107,650.00 and establish a maximum contract amount of $114,000.00, and authorize City Manager to execute the contract and other related documents. Voice vote.

ATTACHMENTS:
 Attachment A – Draft Notice of Potential Award
Business Item 5b

Attachment A
March 6th, 2023 Sent via E-mail
Wallace Structures
PO Box 525
Hydesville, CA 95547
Re: NOTICE OF POTENTIAL AWARD
Wastewater Treatment Plant Percolation Pond Rehabilitation Project Dear Eric Wallace:

I am pleased to inform you of the intent to recommend that the City Council or its authorized designee award the Contract for the above-referenced Project (“Project”) to Wallace Structures, (“Contractor”) for the Contract Price of $107,650.00 based on Contractor’s Bid Proposal submitted on February 9, 2023.

A copy of the Contract accompanies this Notice. Contractor must execute 2 copies of the enclosed Contract and return the wet-inked copies to my attention, accompanied by the required Payment Bond, Performance Bond, and insurance certificates and endorsements, no later than ten days from the date of this Notice of Potential Award, above.

Failure to execute and return the enclosed Contract and required bonds and insurance documentation within the specified time could result in forfeiture of Contractor’s bid security. This Notice of Potential Award does not bind the City to award the Contract. The City, acting through its City Council or authorized designee, reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding any staff recommendation.

Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at [email protected]. Do not hesitate to contact me if you have any questions in this regard.

Sincerely,
Buffy Gray
Buffy Gray
Deputy City Clerk
Enclosure
Acknowledgement of Notice of Potential Award
Business Item 5b

On behalf of <________________________________________> (“Contractor”), I acknowledge receipt of the Notice of Potential Award for the Wastewater Treatment Plant Percolation Pond Rehabilitation Project:
s/_________________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: March 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, March 20, 2023
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall
Monday, April 3, 2023
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, March 14, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, March 28, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, March 21, 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, April 5, 2023
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall