Fortuna City Council
June 5, 2023

STAFF REPORT
City Council Business Item
______________________________________________________________________________ DATE: June 5, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Approve the Fiscal Year (FY) 2023-2024 Five-Year Capital Improvement Program (CIP)
STAFF RECOMMENDATION:

Approval of the City of Fortuna 2023-2024 Five-Year Capital Improvement Program, and appropriate funding and inclusion of FY 23-24 projects into the 23-24 overall budget.

EXECUTIVE SUMMARY:

Attached is the 2023-2024 Five-Year Capital Improvement Program (CIP). Each year, the CIP is updated and used to identify necessary infrastructure improvement projects as well as to coordinate the financing and timing of those projects in a way that maximizes the return to the public. The program is a guide for identifying and estimating current and future fiscal year projects necessary to maintain the City’s infrastructure, such as roads, sidewalks, streetlights, sewer and water mains, pipes and manholes, parks, community centers, and city buildings, which lists Capital Improvement Five-Year Program Expenditures.

The first year of the CIP is considered the Capital Budget. Each year, the City Council appropriates funding for the Capital Budget only, and years two through five are approved on a planning basis only.

A workshop with the City Council was held on May 8, 2023. At that meeting, staff provided a summary of the various projects, and answered questions presented by the Council. A presentation was also made to the Planning Commission at its regular meeting on May 9, 2023, at which time the commission found the plan to be consistent with the current General Plan.

Staff has updates the Five-Year CIP document annually by removing projects, which are expected to be complete, or which no longer have funding. A complete sheet for each project is also included that provides more detailed including a brief description of the project, justification for the project, funding source, as well as pictures and comments from staff.

Business Item 5d

FINANCIAL IMPACT:

Once approved, the 2023-2024 fiscal year projects will be funded as part of the overall 2023- 2024 fiscal year budget.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to adopt the FY 2023-2024 Five-Year Capital Improvement Program, and appropriate funding and inclusion of FY 2023-2024 projects into the 2023-2024 overall budget. Roll call vote.

ATTACHMENTS:
 Attachment A - Draft FY 2023-2024 Five-Year CIP
Determined to be consistent with the General Plan by the Planning Commission on May 9, 2023 Adopted by the City Council on June 5, 2023
Five-Year
Capital Improvement Program
2023-2024
DRAFT
City of Fortuna 2023-2024 CIP
Table of Contents
City of Fortuna
Five-Year Capital Improvement Program
FY 2023-2024
MAYOR
Tami Trent

CITY COUNCIL
Mike Johnson, Mayor Pro Tem
Mike Losey
Kyle Conley
Kris Mobley

CITY MANAGER
Merritt Perry

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
Brendan Byrd
Edited and Prepared by
Brendan Byrd and Morgan Crisler of the
City of Fortuna Public Works Department
Table of Contents
INTRODUCTION................................................................................................................................................1 SUMMARY..........................................................................................................................................................4 WATER TREATMENT AND DISTRIBUTION ................................................................................................7 WASTEWATER TREATMENT AND COLLECTIONS................................................................................. 21 DRAINAGE SYSTEMS..................................................................................................................................... 30 STREETS ........................................................................................................................................................... 37 PARKS AND RECREATION............................................................................................................................ 49 COMPLETED AND IN PROGRESS PROJECTS ........................................................................................... 62 City of Fortuna 2023-2024 CIP
Introduction 1
Introduction
Fortuna, known as “The Friendly City,” was incorporated in 1906 and is a small, rural community of just over 12,000 residents and covering an area of 5.1 square miles. The City of Fortuna is governed by a Council/Manager form of government. The City Council consists of five members, elected from the City at large, who serve four-year terms. The Mayor and the Mayor Pro Tem are elected biannually by the City Council from amongst its members. The City Manager works under the direction of the City Council and is responsible for supporting the policies enacted by the City Council, as well as managing the day-to-day operations of the City.

The City of Fortuna’s mission is “To be worthy of the public trust by providing timely, efficient, well-planned, and dependable services to the community.” Part of the City’s commitment to this mission is through a well-planned Five-Year Capital Improvement Program that works to maintain and replace aging facilities as well as construct new infrastructure, as it is needed.

What is a Capital Improvement Program? A Five-Year Capital Improvement Program (CIP) is a multi-year planning instrument used to identify needed capital improvement projects and to coordinate the financing and timing of improvements. The primary purpose of the CIP is to assist in the orderly implementation of the broad and comprehensive goals of the adopted General Plan and for the maintenance and replacement of the City’s infrastructure by establishing an orderly basis to guide local officials in making sound budget decisions and by focusing attention on community goals, needs, and capabilities to maximize the benefit of public expenditures.

Projects may include land and buildings, park and recreation facilities, street and storm drain facilities, wastewater collection and treatment facilities, and water treatment and distribution facilities.

An effective Capital Improvement Program:

1. Identifies specific public improvement projects by location, size, function, and cost (although some types of projects, such as street resurfacing and maintenance of water and sewer facilities may be shown on an annual allocation basis).

2. Establishes the timing for funding of major cost elements related to each project, such as right-of-way acquisitions, design, construction, etc.; for large projects, these may be spread over several years, while for smaller projects, only a single budget year is involved.

3. Proposes specific revenue sources for each project.

4. Facilitates priority setting where funds are insufficient to cover all desired projects.

5. Enhances coordination of separate but interrelated projects, whether internal or involving other agencies.

6. Gives other affected agencies, such as utilities, an opportunity to develop long-range programming.

7. Tends to discourage inefficient and frequent changes in allocation of capital resources.

8. Permits an educated approach to staffing for engineering, operation, and maintenance.

City of Fortuna 2023-2024 CIP
Introduction 2
For most cities, a five-year CIP period appears to be workable and realistic. Under this guideline, it is common for the first year of the CIP to be combined into the annual budget process. In all cases, the CIP would be flexible enough to make the inevitable adjustments for unanticipated cost changes, urgent projects, or other factors. In addition, the City will be able to more clearly identify and discuss the consequences of a delay in timely project commencement due to such factors.

How are projects funded? Funding for projects is usually derived from special source funds including gas tax, water reserves, sewer reserves, remaining balances of the General Fund, or state, federal, and other grants.

Gas tax, water, and sewer fund revenues are budgeted only for capital projects in the categories appropriate to their sources.

The General Fund’s ability to make significant contributions to the CIP has been declining over the last several years by a combination of factors. The City’s General Fund has had its revenues reduced by the State budget crisis. The General Fund currently does not have the ability to finance capital improvement projects in the same way that is has done in the past.

Federal, state, and other grant funds may only be used for the purpose for which the funds were received.

Although this CIP falls short of funding the optimum level of infrastructure improvements, it does represent an effort to use all available funding sources for the most vital projects.

Project priorities should be established by:

1. Projects with a clear issue of public health and safety.

2. Projects which trigger irreversible or serious long-range consequences.

3. Projects that eliminate liabilities experienced in the past.

4. Projects mandated by county, state and/or federal laws, the public and other agencies.

5. Projects directly related to established goals or objectives.

6. Projects directly affecting the quality of life for residents of the City of Fortuna.

Every effort is made to ensure that all projects are described accurately and have sound cost estimates. Some projects are conceptual in nature and these cost estimates are difficult to generate and should be considered flexible.

Estimates are initially made for every project in 2023 dollars. As priorities for construction are assigned for each project, the dollar amount is updated to more accurately reflect costs within the proposed year of construction. The estimates are general with the intent that they should be revised as they are brought into the annual budget process.

The projects identified in this 2023-2028 CIP are considered essential in order to implement goals, protect public property from deterioration and extending its useful life, and preserve the City’s prior infrastructure investments.

City of Fortuna 2023-2024 CIP
Introduction 3
In summary, the 2023-2028 Five-Year Capital Improvement Program is a planning and budgeting tool that lists and classifies all proposed public improvement projects maximizing the investment to the public.

Respectfully Submitted,
Brendan Byrd Merritt Perry
Director of Public Works/City Engineer City Manager
City of Fortuna 2023-2024 CIP
Summary 4
Summary
Projected Project Costs by Year and Department
2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
Water $1,710,000 $1,900,000 $1,350,000 $880,000 $750,000 Wastewater $3,015,000 $800,000 $10,550,000 $10,100,000 $800,000 Drainage $1,271,900 $305,000 $660,000 $800,000 $200,000 Streets $2,429,500 $600,000 $600,000 $960,000 $600,000
Parks/Recreation $1,015,000 $90,000 $3,000,000 $0 $0
Land/Buildings $2,575,000 $150,000 $1,000,000 $0 $0
Totals $12,016,400 $3,845,000 $17,160,000 $12,740,000 $2,350,000 Total of all projects in this CIP: $48,111,400
Water Reserve Fund
510, $6,493,000
Sewer Reserve Fund
560, $24,818,000
Measure E 101,
$4,114,400
Drainage Reserve Fund
130, $725,000
Traffic Facilities Fund
140, $75,000
Regional Surface
Transportation Program
275, $1,300,000
General Fund 100,
$1,600,000
TBD Funds, $4,185,000
Grants, $4,801,000
5 YEAR CIP DOLLARS BY FUNDING SOURCE
City of Fortuna 2023-2024 CIP
Summary 5
Water Reserve
Fund 510,
$1,613,000
Sewer Reserve
Fund 560,
$3,068,000
Measure E 101,
$2,224,400 TBD Funds,
$35,000
Traffic Facilities
Fund 140, $75,000
General Fund 100,
$1,600,000
Grants, $3,201,000
Regional Surface
Transportation
Program 275,
$200,000
2023/2024 FY PROJECTS BY FUNDING SOURCE
Design, 9%
Planning, 7%
Construction, 84%

TOTAL CIP FUNDS BY USAGE
City of Fortuna 2023
-2024 CIP
Summary6
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 7
Water Treatment and Distribution
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 8
Vancil Reservoir Site Rehabilitation Project CIP# 9370
Description
Road, fence, and drainage repairs as
needed.

Justification
This project will repair damage done to
the access road over previous years of
projects and maintenance as well as
repair damaged fences due to falling
redwood limbs and small trees.

Drainage spouts will be inspected and
repaired as needed.

Studies and Reports
Identified and recommended by the
Water Treatment Crew.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
Water Reserves Fund 510;
Repairs $105,676
Comments
The main project elements include
fencing, tree removal, roadway repairs,
rock slope protection, and drainage
improvements. Tree removal was
completed in late 2022/early 2023, and
remaining items include fencing and
drainage improvements.
(Chief Plant Operator)
Project Cost Estimate
2023 Dollars

1. Construction $200,000 23/24
Total $200,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 9
CCF Piping & Well Replacement Project CIP# 9066
Description
Replacement of the underground source
main pipes at the Corrosion Control
Facility. Construction of a new shallow
well in place of previously drilled Well 5b.

Addition of various electronic and
metering equipment for the new well.

Justification
Current piping configuration results in
pump inefficiencies from the water wells.

The updated pipe configuration will create
the most efficient operation for each well
pump. Well 5 was previously
underperforming, and the new Well 5b was
found to have levels of manganese that
require robust and expensive treatment in
order to bring the well online.

Studies and Reports
Identified and recommended by City
Consultant.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
Water Reserve Fund 510;
Modeling and Design $22,000
Construction $250,000
Comments
(Chief Plant Operator)
Project Cost Estimate
2023 Dollars

1. Construction $300,000 23/24
Total $300,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 10
Water Tank Recoating Project CIP# 0925
Description
External recoating of the Hillside and Campton
Heights potable water storage tanks.

Justification
This project is part of the regular maintenance of
vital infrastructure. It will prevent corrosion of the
metal water storage facilities as well as potential
water quality issues.

Studies and Reports
Identified and recommended by the Water
Treatment Crew.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
Water Reserve Fund 510;
Tank Inspections $3,375
Comments
Construction anticipated to being in late
fiscal year 2022/23, and continue into
following year.
(Chief Plant Operator)
Project Cost Estimate
2023 Dollars

1. Construction $600,000 23/24
Total $600,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 11
Kenmar and Drake Hill Pump House Stationary GenSets CIP# 9102 Description
Install new stationary generators at two water
pump houses (Kenmar and Drake Hill).

Justification
During power outage events in Fortuna, staff has
to take portable generators (some of which are out
of compliance) to multiple locations to keep
citizens with water. Staff received a grant from
FEMA to purchase and install these two
generators, which will allow for more reliable
power to our vital locations, especially with the
recently elongated events by PG&E power outages
(PSPS).

Studies and Reports
Humboldt County Operational Area Hazard
Mitigation Update Plan Update (HCOAHMP,
2014)
Funding Sources
FEMA Hazard Mitigation Grant Fund 351 75%
Water Reserves Fund 510 25%
Prior Appropriations
FEMA Hazard Mitigation Grant Fund 351
Design: $34,200
Water Reserves Fund 510 25%
Design: $11,400
Comments
(Public Works Director)
Project Cost Estimate
2023 Dollars

1. Construction $200,000 23/24
Total $200,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 12
Water System Master Plan CIP# 9109
Description
Develop an updated master plan for the water system of
the entire City. Perform a rate study to inform required adjustments to City water rates.

Justification
This master plan will provide information that staff can use to identify improvements needed to develop future
projects that protect the existing infrastructure and
provide redundancy and a reliable water supply to the
City.

Studies and Reports
Previous master plan by Oscar Larson & Associates
April 2007
Funding Sources
Water Reserves Fund 510
Prior Appropriations
N/A
Comments
(Director of Public Works)
Project Cost Estimate
2023 Dollars

1. Planning $150,000 23/24
Total $150,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 13
Downtown Water Line Replacement Project CIP# 9108
Description
Replacement of the old 2” cast iron line with 6” C-900
(plastic) along the following alleys that connect I to L Street: the alley between 9th and 10th Street, the alley between 10th and 11th Street, and the alley between 11th and 12th Street. Also includes the alley connecting N to P Street between 13th and 14th Street, , replacement of the old 6” AC (concrete) with 6” C-900 (plastic) along
Orchard Lane, replacement of the 4” cast iron pipe
with 6” C-900 (plastic) on 14th Street from K Street to P Street, and replacement of the water main on
Newburg Road between Fortuna Boulevard and Spring
Street.

Justification
The upgraded line will provide better flow rates to
homes and businesses in the area. Additionally, it
will eliminate potential corrosion and water quality
issues that can come from the existing cast iron
lines and increase line sizes for improved fire flows.

Studies and Reports
Identified and recommended by the Utilities Crew.

Funding Sources
Water Reserve Fund 510
Prior Appropriations
N/A
Comments
This project may be completed by City Forces with the rental or purchase of a mini excavator, or through contract and bid document (TBD). This project includes installation of a new hydrant on Orchard Lane. Additionally, this project may be combined with sewer CIP #9067 for construction.

City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 14
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $160,000 23/24

2. Construction $1,800,000 24/25
Total $1,960,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 15
Drake Hill Road Water Main Replacement Project CIP# 9115 Description
Replace asbestos cement pipe waterline
with 8” C900 (plastic)
Justification
Currently some sections of Drake Hill
Road are AC pipe while others are C900.

The AC pipe is old and frequently causes
leaks. This project would update all the
sections to the newer C900 (plastic) pipe,
which would decrease the likelihood of
future leaks in this area.

Studies and Reports
This project was identified by the Utilities
Superintendent.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
N/A
Comments
(Utility Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $100,000 24/25

2. Construction $850,000 25/26
Total $950,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 16
Lower Barney Drainage and Culvert Repair CIP# 9116
Description
Replacement of failed concrete pipe in the section of
an access road formerly known as Barney Street.

Install a twenty-four inch high density
Polyethylene pipe. The pipe is located below the
Stewart Tank Reservoir near 1038 Eleventh Street.

Justification
The concrete culvert has collapsed causing excess water to migrate. The overflow from Stewart Tank and
surrounding storm water runoff uses this culvert. The
City’s main water line runs parallel to the culvert.

Studies and Reports
Identified and recommended by
General Services Staff.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
N/A
Comments
The new culvert will start above the current existing
Inlet and will extend approximately two
hundred feet. The new culvert will tie into a newer
drainage inlet and storm drain located on Eleventh Street. (General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $20,000 23/24

2. Construction $80,000 23/24
Total $100,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 17
Corrosion Control Facility Electrical Project CIP# 9000 Description
Relocation of the Electrical Panels at the
Corrosion Control Facility to an
elevation above the estimated 100-year
flood event.

Justification
This project will protect vital City
infrastructure from damage that would
occur during a 100-year flood event.

Studies and Reports
Identified and recommended by the 2007
OLA Water System report.

Funding Sources
Future FEMA HMGP Funding
Prior Appropriations
N/A
Comments
(Chief Plant Operator)
Project Cost Estimate
2023 Dollars

1. Construction $200,000 25/26
Total $200,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 18
Meadow Lane Water Main Replacement Project CIP# TBD
Description
Replace with existing asbestos cement
pipe with 6” C900 (plastic).

Justification
Existing water main currently runs
through the front yards of homes on the
west side of Meadow Lane. This project
would move water line into the street to
provide easier access for repairs. This is
also one of the last streets in this area
with an AC water main and will be
upgraded to C900 (plastic) which
should lead to a decrease in the amount
of leaks on this line.

Studies and Reports
Identified by the Utilities Crew.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $220,000 25/26
Total $220,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 19
12th Street Water Main Project CIP# 9065
Description
Replacement of the existing 6” and 8” AC
(concrete) mains with 12” C-900 (plastic)
mains from L Street to Newburg Road.

Justification
The existing mains are undersized
concrete and will be replaced with the
larger and more durable plastic to provide
better flow rates to homes and businesses
in the area.

Studies and Reports
Identified and recommended by 2007
OLA Water System Report.

Funding Sources
Water Reserves Fund 510
Prior Appropriations
N/A
Comments
May revisit project after completion of water study.
(Utility Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $80,000 25/26

2. Construction $800,000 26/27
Total $880,000
City of Fortuna 2023-2024 CIP
Water Treatment and Distribution 20
Carson Woods & Newell Drive Waterline Replacement CIP# TBD Description
Replace the existing 1” galvanized and
plastic water line extending north along
Carson Woods Road, beginning at
Sunny Slopes Road. Add fire hydrants
every 600-feet per requirements of the
Fortuna Fire Department. Provide
engineered bridge crossing for the
water line. Replace service connections
to existing meters.

Justification
The existing water line is too small
to deliver adequate service pressure
and volumes to existing residences
along Carson Woods Road. During
recent earthquakes from the past
several years, the pipe has regularly
failed due to pipe age.

Studies and Reports
N/A
Funding Sources
Water Reserve Fund 510 or unidentified grant funds
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $80,000 26/27

2. Construction $750,000 27/28
Total $830,000
City of Fortuna 2023-2024 CIP
Drainage Systems 21
Wastewater Treatment and Collections
City of Fortuna 2023-2024 CIP
Drainage Systems 22
Sewer System Model and Master Plan CIP# 9110
Description
Develop an updated master plan for the sewer system
of the entire City.

Justification
This master plan will provide information that staff
can use to identify improvements needed to develop
future projects to provide proper capacity and
collection of the City’s sewer system.

Studies and Reports
Oscar Larson Sanitary Sewer System Evaluation and
Recommended Improvements Report 2011
Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Director of Public Works)
Project Cost Estimate
2023 Dollars

1. Planning $165,000 23/24
Total $165,000
City of Fortuna 2023-2024 CIP
Drainage Systems 23
NPDES Compliance Project CIP# 0171
Description
Perform engineering design and permitting for the
treatment plant upgrade and new summertime
effluent disposal location. Restrict flows to Strongs
Creek to 1% of the creek flow and comply with
nutrient effluent limitations. Includes WWTP
Equalization Pond Project
Justification
This project will bring the plant into compliance
with the 2016 permit standards set by the Regional
Water Quality Control Board.

Studies and Reports
GHD 2015 Pre-Feasibility Analysis
Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
Sewer Reserve Fund 560;
Prefeasibility Analysis $178,709
Compliance Project $440,000
SWRCB Grant Fund 360;
Compliance Project $500,000
Comments
The projected costs below are for complete
compliance with the RWQCB including
construction, potential property acquisition(s),
plant upgrades and design. The estimates will
be updated as the analysis is more complete and
a clearer picture of the permit is realized.
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $2,000,000 23/24

2. Construction $10,000,000 25/26

3. Construction $10,000,000 26/27
Total $22,000,000
City of Fortuna 2023-2024 CIP
Drainage Systems 24
Sanitary Sewer Lining Project CIP# 9976
Description
Identify locations and contract for lining of
existing sanitary sewer lines at various
locations within the City. Includes from 12th
Street to the parking lot at Forbusco Lumber.

Justification
The City has aging infrastructure, and
especially sewer lines age and crack
resulting in inflow from storm water
impacting the sewage treatment facility, this
will help in alleviating those impacts.

Studies and Reports
SHN 2018 Sanitary Sewer Evaluation Study
Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
$200,000 grant funds SWRCB for
planning
Comments
2 nd Avenue was recommended by the
SSES as one of the worst sections in the 2018 study.
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $100,000 23/24

2. Construction $800,000 24/25
Total $900,000
City of Fortuna 2023-2024 CIP
Drainage Systems 25
East Downtown Sewer Replacement Project CIP# 9514
Description
Replacement of the existing sewer line with 6” SDR 35
(plastic) in the alleys between 14th and 15th Street as well as 15th to 16th Street from N Street to P Street. Also on 8 th
Street from P Street to Main Street.

Justification
The existing line was constructed from clay, which, over time, has led to storm water infiltration of the sewer.

Replacing these lines will reduce the cost of treating this water at the wastewater treatment facility.

Studies and Reports
Identified and recommended by the Utilities Crew.

Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $550,000 25/26
Total $550,000
City of Fortuna 2023-2024 CIP
Drainage Systems 26
P Street Sewer Replacement Project CIP# 9121
Description
Replacement of the existing sewer line with 6” SDR
35 (plastic) on P Street in between Garden and 9th
Street, including manhole rehabilitations.

Justification
The existing line was constructed from clay, which
over time has deteriorated and been damaged by
roots. The damage has led to storm- and ground
water infiltration of the sewer. Replacing these lines
will reduce the cost of treating this water at the
wastewater treatment facility.

Studies and Reports
Identified and recommended by the Utilities Crew
while performing sewer camera inspections in 2022.

Funding Sources
Sewer Reserve Fund 560
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $150,000 23/24
Total $150,000
City of Fortuna 2023-2024 CIP
Drainage Systems 27
Hilltop Sewer Main Project CIP# TBD
Description
Extend 6” SDR 35 (plastic) sewer main to
include all of Hilltop Drive (approximately
900 feet).

Justification
Currently the City’s sewer ends at the
intersection of Ridgeview and Hilltop. This
leaves approximately 30 homes on Hilltop
Drive with septic systems. City code requires
anyone within 1,000 feet of City sewer to be
connected to sanitary sewer system. This project
will reduce the inherent ground water pollution
sources from septic systems.

Studies and Reports
Identified by the Utility Superintendent.

Funding Sources
Future Unidentified Grant Funds
Prior Appropriations
N/A
Comments
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $50,000 26/27

2. Construction $450,000 27/28
Total $500,000
City of Fortuna 2023-2024 CIP
Drainage Systems 28
Treatment Plant PLC, VPN, and Hardware Upgrades CIP# TBD Description
Replace defunct SE Modicon PLC Cards, non-functioning VPN, and rewire PLC cabinets (5 total).

Justification
Our Modicon PLCs were discontinued in 2020, and
their end of life is in 2028. With a new plant upgrade
on the way, we need PLCs with extended life that can
keep up with our plant until the next upgrade is needed.

Our VPN has been non-functional since 2020, and we
need secure remote access to our SCADA system at all
times. Wiring is optional, but currently some of our
cabinets are an unlabeled, or mislabeled, mess. Getting PLC addresses properly labeled and all equipment
wired during the plant upgrade can allow for proper
future automation, maintenance, and operation of our
equipment.

Studies and Reports
Identified by the assistant city engineer, wastewater
operations team, and consulting engineers.

Funding Sources
TBD
Prior Appropriations
N/A
Comments
This project could be combined with the Compliance Project, CIP 0171. (City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $50,000 26/27

2. Construction $350,000 27/28
Total $400,000
City of Fortuna 2023-2024 CIP
Drainage Systems 29
Sanitary Sewer Collections System CCTV CIP# 9122
Description
This CIP would fund a sewer camera contractor to assist the City in cleaning and inspecting gravity sewer lines older than 10-years.

Justification
The City is required through a settlement agreement with California River Watch to complete CCTV sewer camera inspection of the entire collection system by May 2024. To date City staff have been able to complete inspections of 12 miles of sewer line, however there are approximately 40 miles remaining. This funding would allow the City to contract with a sewer camera specialist to complete the effort
Studies and Reports
N/A
Funding Sources
Sewer Fund 560
Prior Appropriations
Sewer Fund 560: $250,000
Comments
City staff will proceed with
performing CCTV inspection of as
much of the system as possible prior
to contracting with a specialist to
complete the effort by the compliance date.
(Utilities Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $600,000 23/24
Total $600,000
City of Fortuna 2023-2024 CIP
Drainage Systems 30
Drainage Systems
City of Fortuna 2023-2024 CIP
Drainage Systems 31
Stormdrain Infrastructure Vulnerability Assessment Project CIP#9100 Description
Perform field reconnaissance including visual
and camera inspection of the entire
stormdrain system in the City. Develop a
comprehensive report outlining the condition
of each feature and develop funding-ready
CIP projects for vulnerable infrastructure.

Justification
The City has a large number of old RCP and
CMP pipe in the existing stormdrain system.

Old RCP fails at the joints, and old CMP
rusts away, frequently resulting in sinkholes
or other failures with which the City struggles
to keep up on. Many failures happen as a surprise as
the conditions of much of the stormdrain
system is unknown.

Studies and Reports
Identified and recommended by
Engineering/Public Works
Funding Sources
Measure E Fund 101 25%
FEMA Grant Fund 351 75%
Prior Appropriations
N/A
Comments
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Planning $70,000 23/24
Total $70,000
City of Fortuna 2023-2024 CIP
Drainage Systems 32
Prop 1 LID 12th Street Project CIP# 9101
Description
Install raingarden LID basins and new
stormdrain pipe along 12th Street and
in the southern parking lot of Fortuna
High School.

Justification
All drainage conveyance on 12th Street
north of the High School parking lot is
gutter flow. The street floods during relatively small storm events.

Studies and Reports
Identified and recommended by Engineering/Public Works
Funding Sources
Measure E Fund 101; 3%
Grant Fund 352; 97%
Prior Appropriations
Prop 1E Technical Assistance Grant; $300,000
Comments
Construction to begin in FY 2022/23 and be completed in 2023/24. (City Engineer)
Project Cost Estimate
2023 Dollars

1. Construction $955,000 23/24
Total $955,000
City of Fortuna 2023-2024 CIP
Drainage Systems 33
Citywide Stormdrain Maintenance Project CIP# 9373
Description
General yearly maintenance of the City’s
stormdrain system in locations to be determined.

Justification
Many of the storm drains across the City have
corrosion damage to the bottom of the
corrugated pipe. This project will identify and
make repairs as they are needed.

Studies and Reports
Identified and recommended by
General Services Staff.

Funding Sources
Measure E Fund 101
Prior Appropriations
Measure E Fund 101; Construction $636,312
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $246,900 23/24

2. Construction $200,000 24/25

3. Construction $200,000 25/26

4. Construction $200,000 26/27

5. Construction $200,000 27/28
Total $1,046,900
City of Fortuna 2023-2024 CIP
Drainage Systems 34
South 15th Storm Drain Project CIP# 9937
Description
Replacement of the outfall and culvert at
South 15th Street.

Justification
The existing corrugated metal pipe is
deteriorated at the flow line (invert). This
project will replace the damaged line and
outfall to improve drainage and reduce soil
erosion.

Studies and Reports
Identified and recommended by the
General Services Crew.

Funding Sources
Drainage Fund 130
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $65,000 24/25
Total $65,000
City of Fortuna 2023-2024 CIP
Drainage Systems 35
Home Avenue Storm Drain Project CIP#9704
Description
Replacement of the existing concrete box
culvert which runs under the sidewalk with 30”
storm drain on Home Avenue from the “Scurve” to P Street.

Justification
The existing 2’x2’ box culvert is failing and the
forming lumbers fall into the culvert which
results in jams. This project will replace the box
culvert which will reduce jams and improve
drainage to the surrounding areas.

Studies and Reports
Winzler & Kelly 2005 Storm Drainage Master Plan
Funding Sources
Drainage Fund 130
Prior Appropriations
N/A
Comments
Prelminary CCTV inspections performed by staff indicates that the drainage structure is in good working order, only minor rehabilitation may be required. Staff to evaluate effort this coming year in coordination with the stormdrain vulnerability assessment
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $60,000 25/26

2. Construction $600,000 26/27
Total $660,000
City of Fortuna 2023-2024 CIP
Drainage Systems 36
9 th Street Culvert Project CIP# TBD
Description
Replacement and/or lining of the 30” RCP culvert
from Christian Ridge to P Street. Approximate length
of culvert is 1,200 feet. Additional drainage inlets for access.

Justification
The existing reinforced concrete pipe is separating
and/or deteriorated causing the surrounding area to
form sinkholes. The culvert is alongside or underneath
structures. This project will replace the damaged line
and outfall to improve drainage and reduce soil
erosion.

Studies and Reports
Identified and recommended by the General Services.

Funding Sources
Drainage Fund 130
Measure E Stormdrain Maintenance
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $40,000 24/25

2. Construction $400,000 25/26
Total $440,000
City of Fortuna 2023-2024 CIP
Streets 37
Streets
City of Fortuna 2023-2024 CIP
Streets 38
Kenmar Interchange Improvement Project CIP# 9978
Description
This project is a complete look at the
Interchange of Kenmar Road and
Highway 101 including vehicular,
pedestrian and cycling users.

Justification
This project will improve the traffic flow
and pedestrian & cycling safety at this
interchange with Highway 101.

Studies and Reports
Identified and recommended by the City
Engineer.

Funding Sources
STIP Grant Fund 270
Prior Appropriations
Complete Streets grant through the
Humboldt County Association of
Governments provided for a Project Study
Report on alternatives to improve this
interchange.

STIP Grant Fund 270; $276,000
Comments
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $35,000 23/24
Total $35,000
City of Fortuna 2023-2024 CIP
Streets 39
ADA Barrier Removal Project (CDBG) CIP# 9977
Description
Remove barriers for people with disabilities
at various locations in the City including
the Library, Bus Stops and Curb Ramps.

Justification
The City is continuously removing barriers
that might prevent its citizens from being
able to use and enjoy City facilities.

This project will do a big part in completing
this goal.

Studies and Reports
2014 ADA transition Plan
Funding Sources
CDBG Fund 830
Prior Appropriations
CDBG Fund 830
Design; $42,000
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $75,000 23/24

2. Construction $785,000 23/24
Total $860,000
City of Fortuna 2023-2024 CIP
Streets 40
Citywide Paving Project CIP# 9994
Description
Paving of locations throughout the City as
needed and as part of an annual contract.

Justification
A contract will be taken out annually with a
qualified paving contractor who can then
provide routine repairs and maintenance for
City streets.

Studies and Reports
Identified and recommended by the General
Services Crew.

Funding Sources
Measure E Fund 101; 55%
RSTP Fund 275; 45%
Other funds may be used as determined to
be appropriate by project.

Prior Appropriations
Measure E Fund 101
TDA Fund 140
LTF Fund 260
Comments
Annual maintenance project based on need,
locations to be identified by staff.
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $225,000 23/24

2. Construction $225,000 24/25

3. Construction $225,000 25/26

4. Construction $225,000 26/27

5. Construction $225,000 27/28
Total $1,125,000
City of Fortuna 2023-2024 CIP
Streets 41
Citywide Slurry Project CIP# 9653
Description
Street slurry at multiple locations
throughout the City of Fortuna.

Justification
This project is part of the regular
maintenance and will seal the road
surface and extend the life of the
existing roadway.

Studies and Reports
Identified and recommended by the
General Services Crew.

Funding Sources
RSPT Fund 275
Prior Appropriations
Comments
Locations to be determined annually by
need. This is a county-wide
collaborative project that allows for an
economy of scale and a better price for
Fortuna’s citizens. Next anticipated
project will be in calendar year 2024.
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $50,000 23/24

2. Construction $50,000 24/25

3. Construction $50,000 25/26

4. Construction $50,000 26/27

5. Construction $50,000 27/28
Total $250,000
City of Fortuna 2023-2024 CIP
Streets 42
Citywide Concrete Project CIP# 9073
Description
Repair of sidewalk and curb locations throughout the
City as needed and as part of an annual contract.

Justification
A contract will be taken out annually with a qualified
concrete contractor who can then provide routine repairs and maintenance for City curbs, gutters, and sidewalks
on an on-call basis.

Studies and Reports
Identified and recommended by the General Services
Crew.

Funding Sources
RSTP Fund 275
Prior Appropriations
Local Transportation Fund 260;
RSTP Fund 275
Comments
Locations will be identified as needed.
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $50,000 23/24

2. Construction $50,000 24/25

3. Construction $50,000 25/26

4. Construction $50,000 26/27

5. Construction $50,000 27/28
Total $250,000
City of Fortuna 2023-2024 CIP
Streets 43
SB1 Paving Projects CIP# 9997
Description
Paving and other maintenance improvements
throughout the City as identified by staff on
an annual basis.

Justification
The state of California passed SB1, the Road
Maintenance and Rehabilitation Account in
2017, resulting in funds which are allocated
to the City annually, to which projects are
identified each year.

Studies and Reports
Pavement Condition Index document by
Nichols Consulting Engineers.

Funding Sources
SB1 Fund 290
Prior Appropriations
Annual appropriations vary.

Comments
Locations will be identified as needed.
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $309,500 23/24

2. Construction $275,000 24/25

3. Construction $275,000 25/26

4. Construction $275,000 26/27

5. Construction $275,000 27/28
Total $1,409,500
City of Fortuna 2023-2024 CIP
Streets 44
Rohnerville Road at North Loop Project CIP# 9117
Description
Install 760 lineal feet of curb and sidewalk along
Rohnerville Road near North Loop Road. The
sidewalk will be adjacent to the retaining wall
and incorporate drainage.

Justification
City staff has received complaints on the safety
of pedestrians that walk along that side of the
roadway.

Studies and Reports
Identified to be part of the John Campbell
Memorial Greenway.

Funding Sources
Measure E Fund 101
Prior Appropriations
N/A
Comments
This project may be partially funded by a private
donation.
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $60,000 26/27
Total $60,000
City of Fortuna 2023-2024 CIP
Streets 45
Kenmar and Ross Hill Road Improvement Project CIP# 9113 Description
This project is to design and complete a project
to increase the level of service of this
intersection, and to provide for increase nonmotorized access across the intersection.

Justification
This intersection currently operates with a low
level of services, and creates congestion issues
along all legs of the intersection during peak
times. Pedestrian crossing facilities across most
legs of the intersection are unsafe. This project
would complement the improvements proposed
in CIP #9978.

Studies and Reports
Identified and recommended by the City
Engineer. The City is in the process of
performing a Project Study Report for the
intersection to help guide and budget for a
recommended improvement
Funding Sources
Future Funding TBD
Prior Appropriations
$44,000 from Fund 140
Comments
(City Engineer)
Project Cost Estimate
2023 Dollars
Future Funding and Project Costs to be Determined
City of Fortuna 2023-2024 CIP
Streets 46
12th Street Interchange Modernization Project CIP# 9114 Description
This project is a complete look
at the Interchange of 12th
Street, Newburg Road and
Highway 101 including
vehicular, pedestrian and
cycling users. The project
would also investigate ways to
expand non-motorized access
on the Highway 101 overpass.

Justification
This project will improve the
traffic flow and pedestrian &
cycling safety at this
interchange with Highway 101.

The existing interchange has
several geometric and safety
deficiencies and is currently
underperforming per the City’s General Plan
LOS targets.

Studies and Reports
2016 Complete Street Planning Study
Local Road Safety Plan
Funding Sources
Caltrans STIP Grant Fund 270
Prior Appropriations
N/A
Comments
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Design $825,000 23/24
Total $825,000
City of Fortuna 2023-2024 CIP
Streets 47
Traffic Signal and Intersections Improvement Project CIP# TBD Description
Replacing the hardware in the traffic light cabinets
for the Main Street, Newburg, and Redwood Way
intersections. Upgrading the signal heads, pedestrian
push buttons, and crosswalks on the Newburg Road
intersection.

Justification
The signal heads on the Newburg intersection light
are smaller than current standards. The control
cabinets have outdated hardware and signal timing
design needs to be revisited for current traffic
conditions. The City’s 2021 Local Road Safety Plan
recommended a number of improvements to the
Newburg intersection including signal
improvements and bike/pedestrian access
improvements.

Studies and Reports
Local Road Safety Plan
2016 Complete Streets Connectivity Study
Funding Sources
Traffic Impact Fund 140
Unidentified Grant Funds
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Design $10,000 23/24

2. Construction $65,000 23/24
Total $75,000
City of Fortuna 2023-2024 CIP
Streets 48
Newburg Road Sidewalk ADA Barrier Removal Project CIP# TBD Description
To remove and replace 24 driveway approaches
and replace in compliance with standard
building codes. Remove and replace 6 street
corners in compliance with standard building
codes and relocated posted sign locations.

Justification
Path of travel has ADA barriers.

Studies and Reports
Identified and recommended by the General
Services Superintendent.

Funding Sources
Regional Surface Transportation Program
Fund 275
Prior Appropriations
N/A
Comments
(General Services)
Project Cost Estimate
2023 Dollars

1. Construction $300,000 26/27
Total $300,000
City of Fortuna 2023-2024 CIP
Land and Buildings 49
Parks and Recreation
City of Fortuna 2023-2024 CIP
Land and Buildings 50
Riverwalk Park Project CIP# 9105
Description
Readily available funds for acquiring
additional park spaces for public use or
for general park improvements.

Justification
Often the City has multiple general
projects identified that might include land
acquisition, assistance with engineering,
drafting, conceptual design, grant writing,
etc. in which funds may need to be
readily available in order to pursue new
opportunities in a timely fashion and in
order to enhance and expand park spaces
for public use.

Studies and Reports
Identified and recommended by the Parks
Director.

Funding Sources
Prop 68 Rural Recreation and Tourism
(RRT) or
Regional Park Program (RPP) grants,
Measure E Fund 101.

Prior Appropriations
N/A
Comments
No CIP specific funding for FY 2023/24.

Any efforts on this project will be funded using the general park acquisition and improvement account, funded by Measure E.
(Parks Director)
Project Cost Estimate
2023 Dollars

1. Planning $3,000,000 25/26
Total $3,000,000
City of Fortuna 2023-2024 CIP
Land and Buildings 51
Rohner Park Basketball Court Reconstruction Project CIP#9106 Description
Rehabilitation of an existing
outdoor basketball court and the
addition of a second, identical
basketball court in Rohner Park.

These new courts would have
updated surfacing, new
backboards, rims, posts, as well as
perimeter fencing.

Justification
This project was requested by the
public during Measure E project
identification and through public outreach
related to Proposition 68 grant projects in 2019
and 2020. Currently, only one public outdoor
basketball exists in Rohner Park, which has
become outdated, so there exists a desire to
expand and improve outdoor court use to meet the
demand of the public for additional places to play
outdoor basketball.

Studies and Reports
Identified and recommended by the Parks
Director.

Funding Sources
Measure E Fund 101 – 100%
Prior Appropriations
N/A
Comments
(Parks Director)
Project Cost Estimate
2023 Dollars

1. Design/Construction $80,000 23/24
Total $80,000
City of Fortuna 2023-2024 CIP
Land and Buildings 52
River Lodge Exterior Staining Project CIP# TBD
Description
The exterior stain on the River Lodge has
become faded, so an application of staining
is required to enhance the aesthetics of the
facility.

Justification
This improvement project would enhance
the River Lodge by creating a more
desirable facility that would draw users
wanting to host events, conferences,
meetings, or banquets; resulting in higher
revenues to the General Fund.

Studies and Reports
Identified and recommended by the Parks
Director.

Funding Sources
TBD
Prior Appropriations
N/A
Comments
(Parks Director)
Project Cost Estimate
2023 Dollars

1. Construction $35,000 23/24
Total $35,000
City of Fortuna 2023-2024 CIP
Land and Buildings 53
Generators for Park 5, Firemen’s Pavilion and Museum Project CIP# TBD Description
A generator that would have the ability to
power the Firemen’s Pavilion, the Rohner
Rec Hall, the Parks & Recreation Office,
and the Depot Museum. All facilities are
in-line and could be powered by one
generator, in case of a power outage.

Justification
Currently, if a power-outage occurs, all
electrical to these facilities ceases to be
available. This makes it difficult for, not
only City staff to be able to work
efficiently on projects that require
electricity, but for facility renters and park
users who have access to these facilities,
which can result in lost staff time, and lost
revenue from facilities having to be closed
due to no power.

Studies and Reports
Identified and recommended by the Parks
Director.

Funding Sources
Measure E Fund 101
Prior Appropriations
N/A
Comments
(Parks Director)
Project Cost Estimate
2023 Dollars

1. Construction $90,000 24/25
Total $90,000
City of Fortuna 2023-2024 CIP
Land and Buildings 54
Newburg Park Expansion Project CIP#9379
Description:

Readily available funds
for developing an
additional park space
for public use and for
general park
improvements.

Justification:

The City purchased an
adjacent 8.4-acre parcel
to the southeast of the
existing park in
December of 2021
using combined City
and RCRPD Prop 68
Per Capita funding.

There will be various, multi-phased projects to develop this site for recreational use, as funding opportunities become available. This may include assistance with engineering drafting, conceptual design, grant writing, land development, etc. in which funding may need to be readily available in order to pursue new opportunities in a timely fashion to expand this park space for public use, as the public has already identified desired park features (2019).

Studies and Reports
Identified and recommended by the City Manager and Parks & Recreation Director. Greenway Partners public outreach and conceptual design completed in 2019.

Funding Sources:

Measure E Fund 101, grants
Prior Appropriations
Prop 68 Per Capita land purchase; $340,000
Greenway Partners; $21,000
(Parks Director)
Project Cost Estimate
2023 Dollars

1. Design and Construction $900,000 23/24
Total $900,000
City of Fortuna 2023-2024 CIP
Land and Buildings 55
Land and Buildings
City of Fortuna 2023-2024 CIP
Land and Buildings 56
Police Facility Replacement Project CIP# 9104
Description
Remodel existing building at 2600
Rohnerville Road for the purposes of a
permanent police facility.

Justification
The current facility has insufficient space to
be able to conduct department business in
an efficient and effective manner.

Studies and Reports
ELA Police Facility Needs Assessment Study, 2020
Fortuna Police Facility Needs Assessment, LMA 2015
Funding Sources
General Fund 100:

Measure E:

Prior Appropriations
Design contract with Whitchurch
Engineering - $55K
Comments
The City purchased two parcels at 2600
Rohnerville Road and 2650 Rohnerville
Road for the purposes of construction of a
future police facility. A long-term solution
was identified that was expected to cost
approximately $2M. This project would be
a remodel of the existing building to meet
the short-term needs of the department and
nearly double the usable space that they
have available now.
(City Manager)
Project Cost Estimate
2023 Dollars

1. Construction $2,425,000 23/24
Total $2,425,000
City of Fortuna 2023-2024 CIP
Land and Buildings 57
Infrastructure Modernization & Energy Efficiency Project CIP#TBD Description
The City intends to select a qualified provider
for the development, implementation, and
monitoring of a comprehensive infrastructure
modernization and utility savings program
(i.e. solar panels) for locations throughout the
City.

Justification
The City’s ultimate goal is to utilize financial
savings realized from more efficient facilities
towards other upgrades and programs that
enhance the working environment and
improve livability for Fortuna residents.

Studies and Reports
Identified and recommended by the Deputy Public Works
Director.

Funding Sources
Future Unidentified Grant Funds
Prior Appropriations
N/A
Comments
(Deputy Director of Public Works)
Project Cost Estimate
2023 Dollars

1. Construction $1,000,000 25/26
Total $1,000,000
City of Fortuna 2023-2024 CIP
Land and Buildings 58
Vehicle Charging Station Project CIP# TBD
Description
Installation of vehicle charging stations at
several locations throughout Fortuna.

Justification
City of Fortuna currently has three charging
stations located on 11th Street. This project
would provide charging stations for citizens
that purchase electric vehicles and wish to
reduce their carbon footprint. Charging
stations would be provided at the River Lodge
Conference Center, N Street public parking
lot, Rohner Park, the Corp Yard and Newburg
Park.

Studies and Reports
Identified and recommended by General Services
Superintendent.

Funding Sources
Unidentified Grant Funds
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $150,000 24/25
Total $150,000
City of Fortuna 2023-2024 CIP
Land and Buildings 59
Corp Yard Generator Project CIP# 9114
Description
Install a new natural gas backup power
generator and Automatic Transfer Switch at
the City’s Corporation Yard.

Justification
Currently there is no backup power at the
City’s Corporation Yard during a power
outage. During outages or emergencies, the
City’s operations at the facilities are fully
without power and light.

Studies and Reports
N/A
Funding Sources
49% USDA Grant 500

25.5% Fund 510

25.5% Fund 560
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $90,000 23/24
Total $90,000
City of Fortuna 2023-2024 CIP
Land and Buildings 60
Monday Club Chimney Project CIP# TBD
Description
The Monday club Chimney was damaged
in the December 2022 earthquake.

Immediately following the damage, staff
worked with a local contractor to demolish
sections of the chimney to make the
building safe. The chimney now requires
full demolition and reconstruction.

Justification
The Monday Club is an iconic piece of
downtown infrastructure, and restoring its
look is important. Additionally, the gas
fireplace insert inside the building cannot
be used until the chimney has been
repaired.

Studies and Reports
N/A
Funding Sources
Staff anticipate that the City’s insurance
policy/risk pool will cover the cost of
demolition and reconstruction
Prior Appropriations
N/A
Comments
(City Engineer)
Project Cost Estimate
2023 Dollars

1. Construction $TBD 23/24
Total $TBD
City of Fortuna 2023-2024 CIP
Land and Buildings 61
Corp Yard Roofing Project CIP# 9969
Description
Replace the metal roofing on the metal
building at the City’s Corporation yard.

Justification
The roof to this building has been
identified for removal for the previous
five years. Storage of exposed materials
is resulting in rusted and wasted
materials.

Studies and Reports
Identified and recommended by the
General Services Superintendent and
Utilities Superintendent.

Funding Sources
Water Reserve Funds 510 50%
Sewer Reserve Funds 560 50%
Prior Appropriations
N/A
Comments
(General Services Superintendent)
Project Cost Estimate
2023 Dollars

1. Construction $60,000 23/24
Total $60,000
City of Fortuna 2023-2024 CIP
Completed and In Progress Projects 62
Completed and In Progress Projects
This list contains the CIP projects that were completed by the City of Fortuna in the 2022/2023 fiscal year, as well as their cost estimates and actual costs. This list does not include projects that will continue over into the 2023/2024 fiscal year.

Table 1. Project completed in FY 22/23.

Dept. Project Name Funding
Source
Estimated
Cost
Actual
Cost
%
Variance
PW Jameson Creek Fish Passage
Improvement Project
WCB and
CDFW Grants $2,702,990 $2,428,943 -11%
Business Item 5e

STAFF REPORT
City Council Business Item
DATE: June 5, 2023
TO: Honorable Mayor and Council Members
FROM: Ryan Plotz, City Attorney
THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing Regarding Fortuna Business Improvement District’s Annual Assessment
STAFF RECOMMENDATION:

Staff recommends that the Council conduct the annual Fortuna Business Improvement District public hearing and consider adopting Resolution 2023-14 authorizing the annual assessment for the Fiscal Year (FY) 2023-2024.

EXECUTIVE SUMMARY
At the May 1, 2023, Regular Meeting, the Council adopted a Resolution of Intention (the “Resolution of Intent”), a copy of which is attached hereto. The Resolution of Intent accomplished the following: (i) approved the FBID annual report as submitted on May 1, 2023, which proposed no changes to the purpose, boundaries, or assessment rates; (ii) declared the Council’s intention to levy and collect the annual FBID assessment for the 2023-2024 fiscal year at the same rates as in the prior year; and (iii) provided notice of this public hearing and the right of businesses subject to the annual assessment to submit a written or oral protest against the assessment.

As required by law, the Resolution of Intent and the notice of this public hearing was published in a newspaper of general circulation within the City at least seven (7) days prior to the date of this public hearing.

The purpose of this public hearing is to determine whether the FBID annual assessment should be levied for the 2023-2024 fiscal year. The Council may authorize the assessment unless sufficient written protests against the assessment are received by the City Clerk at or before the time fixed for the public hearing.

A protest is successful if written protests are received from the owners of businesses in the assessment area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent. The Council must also consider oral protests during the public hearing, but only written protests that meet the content requirements are counted for purposes of determining whether the protest is successful.

Each written protest must contain a description of the business in which the person submitting the protest is affiliated sufficient to identify the business and, if a person submitting is not shown on the official records of the city as the owner of the business, the protest must contain or be accompanied by written evidence that the person submitting is the owner of the business. A written Business Item 5e

protest which does not comply with these requirements shall not be counted in determining a majority protest. The Council may, however, waive any irregularity in the form or content of any written protest.

If the protest is successful, the Council may not levy the assessment for the particular fiscal year.

If the protest is not successful, the Council may authorize and levy the assessment by adopting Resolution 2023-14, attached hereto. The proposed resolution included the authorized rates, which remain unchanged from the prior fiscal year.

Staff recommends that the Council adopt the proposed resolution to continue levying the assessment at the same rate as the last fiscal year, assuming the protest is unsuccessful.

FINANCIAL IMPACT:

FBID collects approximately $62,000 in assessments annually and the city contributes an equal amount for an approximate total $124,000 annually. Of that amount the core areas receive approximately the following amounts:

Core Area Assessment Distribution to Core
Area (62%)
Citywide Share
(38%)
Citywide $34,500 0 $34,500
Downtown $13,000 $8,060 $4,940
Redwood Village $9,000 $5,580 $3,420
Strongs Creek $5,000 $3,100 $1,900
Total $61,500 $16,740 $44,760
If the Council adopts the resolution, there would be no fiscal impact from the prior years, as the assessment would be maintained at existing rates.

If the Council does not adopt the resolution, the annual assessment would not be authorized, resulting in the loss of the assessment revenue in the estimated amount of $62,000.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Hearing

3. Receive any testimony

4. Close Public Hearing

5. Determine whether a protest exists

6. If the protest is unsuccessful, motion to adopt Resolution 2023-14, read by title only.

Roll call vote.

ATTACHMENTS:
 Resolution of Intention, (Resolution 2023-12)
 Draft Resolution 2023-14, A Resolution of The City Council of The City of Fortuna Authorizing the Levy of an Annual Assessment For 2023-2024 Fiscal Year for The Fortuna Business Improvement District

RESOLUTION 2023-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA AUTHORIZING THE LEVY OF AN ANNUAL ASSESSMENT FOR THE 2023-2024

FISCAL YEAR FOR THE FORTUNA BUSINESS IMPROVEMENT DISTRICT WHEREAS, in 1990, the City Council of the City of Fortuna established the Fortuna Business Improvement District (“FBID”) under the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code §§ 36500 et seq.); WHEREAS, FBID continues to confer a special benefit on those businesses subject to the annual assessment;
WHEREAS, on May 1, 2023, the Council received and approved the annual report of the FBID advisory board without modification;
WHEREAS, pursuant to Section 36534 of the California Streets and Highways Code, the City Council adopted Resolution No. 2023-12 declaring its intention to levy the annual assessment for the 2023-2024 fiscal year and setting the time and place for a public hearing on the proposed assessment;
WHEREAS, pursuant to Resolution No. 2023-21, the Council set the public hearing for June 5, 2023, at the Regular Meeting of the City Council, and caused the text of the resolution to be published as required by law;
WHEREAS, by way of this Resolution, the Council hereby authorizes the levy and collection of the annual assessment for FBID at the rates set forth in Exhibit A to this Resolution, and makes further findings as set forth below.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth above are true and correct.

2. The City Council does not make any change to the boundaries of the Fortuna Business Improvement District, or any benefit zone with the district. The boundaries of the district, and each benefit zone therein, shall remain as previously set by ordinance.

3. There being an unsuccessful protest, the City Council authorizes the levy and collect assessments in the amounts set forth Exhibit A hereto.

4. The activities and improvements authorized by section 5.40.070 of the Fortuna Municipal Code shall remain unchanged for the 2023-2024 fiscal year.

5. Reference is made hereto to the Annual Report approved by the Council on May 1, 2023, and on file with the City Clerk for a full and detailed description of the improvements and activities to be provided for the 2023-2024 fiscal year, the boundaries of the area and any benefit zones within the area, and the proposed assessments to be levied upon the businesses within the area for that fiscal year.

6. The Annual Report is approved without modification.

7. This Resolution shall take effect immediately upon adoption by the City Council.

PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 5th day of June 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
__________________________
Tami Trent, Mayor
ATTEST:
____________________________
Buffy L. Gray, Deputy City Clerk

EXHIBIT A
2021-2022
Retail Hospitality
Bar,Lodge,Restaurant
Professional
or Service
Manufacture
or Wholesale
A $ - to $ 10,000 $ 33.00 $ 27.50 $ 11.00 $ 11.00
B $ 10,001 to $ 20,000 $ 49.50 $ 41.25 $ 16.50 $ 16.50
C $ 20,001 to $ 40,000 $ 74.25 $ 62.00 $ 24.75 $ 24.75
D $ 40,001 to $ 80,000 $ 107.25 $ 89.00 $ 35.75 $ 35.75 E $ 80,001 to $ 140,000 $ 140.25 $ 117.00 $ 46.75 $ 46.75 F $ 140,001 to $ 260,000 $ 181.50 $ 151.25 $ 60.50 $ 60.50 G $ 260,001 to $ 500,000 $ 264.00 $ 220.00 $ 88.00 $ 88.00 H $ 500,001 to $ 900,000 $ 361.20 $ 302.00 $ 120.75 $ 120.75 I $ 900,001 to $ 1,400,000 $ 483.00 $ 402.50 $ 161.00 $ 161.00 J $ 1,400,001 to $ 2,000,000 $ 603.75 $ 503.00 $ 201.00 $ 201.00 K $ 2,000,001 to $ 3,000,000 $ 802.00 $ 668.50 $ 267.00 $ 267.00 L $ 3,000,001 to $ 4,500,000 $ 1,035.00 $ 862.50 $ 345.00 $ 345.00 M In Excess of $ 4,500,000 $ 1,294.00 $ 1,078.00 $ 431.00 $ 431.00 Every person, firm or corporation that engages in business in the City of Fortuna shall pay an Assessment Fee based upon the PRIOR YEARS GROSS RECEIPTS (or estimated gross receipts for new businesses) and the type of business activity.

ANNUAL GROSS RECEIPTS
Exhibit A

BUSINESS IMPROVEMENT DISTRICT RATE CHART

DOWNTOWN/REDWOOD VILLAGE/STRONGS CREEK
2021-2022
Retail Hospitality
Bar,Lodge,Restaurant
Professional
or Service
Manufacture
or Wholesale
A $ - to $ 10,000 $ 11.00 $ 16.50 $ 11.00 $ 11.00
B $ 10,001 to $ 20,000 $ 16.50 $ 24.75 $ 16.50 $ 16.50
C $ 20,001 to $ 40,000 $ 24.75 $ 37.00 $ 24.75 $ 24.75
D $ 40,001 to $ 80,000 $ 35.75 $ 54.00 $ 35.75 $ 35.75
E $ 80,001 to $ 140,000 $ 46.75 $ 70.00 $ 46.75 $ 46.75 F $ 140,001 to $ 260,000 $ 60.50 $ 90.75 $ 60.50 $ 60.50 G $ 260,001 to $ 500,000 $ 88.00 $ 132.00 $ 88.00 $ 88.00 H $ 500,001 to $ 900,000 $ 120.75 $ 181.00 $ 120.75 $ 120.75 I $ 900,001 to $ 1,400,000 $ 161.00 $ 241.50 $ 161.00 $ 161.00 J $ 1,400,001 to $ 2,000,000 $ 201.00 $ 302.00 $ 201.00 $ 201.00 K $ 2,000,001 to $ 3,000,000 $ 267.00 $ 401.00 $ 267.00 $ 267.00 L $ 3,000,001 to $ 4,500,000 $ 345.00 $ 517.50 $ 345.00 $ 345.00 M In Excess of $ 4,500,000 $ 431.00 $ 647.00 $ 431.00 $ 431.00

BUSINESS IMPROVEMENT DISTRICT RATE CHART

CITYWIDE AREA
Every person, firm or corporation that engages in business in the City of Fortuna shall pay an Assessment Fee based upon the PRIOR YEARS GROSS RECEIPTS (or estimated gross receipts for new businesses) and the type of business activity.

ANNUAL GROSS RECEIPTS
Business Item 5f

STAFF REPORT
City Council Business Item
DATE: June 5, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Solid Waste Rate Adjustment Request
STAFF RECOMMENDATION:

Staff recommends that the council approve the solid waste rate adjustment requested by Recology, Inc. to reflect the Consumer Price Index increase for the coming fiscal year.

EXECUTIVE SUMMARY:

The City of Fortuna entered into a franchise agreement with Eel River Disposal in 1998 for solid waste and recycling and collection. The franchise agreement was transferred to Recology, Inc. in 2017. The term of the franchise agreement currently ends in 2025.

In accordance with Sections 2.03.06, and 2.03.07 of the franchise agreement, rates may be adjusted annually based Consumer Price Index (CPI) for the rates effective on July 1 of the following year. A copy of those sections are shown in Table 1, below. The consumer price index is based on the All Urban Consumers, West-C index determined by the Bureau of Labor Statistics of the United States Department of Labor (CPI Index) and the month identified for annual comparison is March.

The CPI Index increase between March 2022 and March 2023 was 5.2%. Recology submitted a rate adjustment request to the City reflecting the CPI Index increase of 5.2% increase to their solid waste collection and disposal rates in accordance with the provisions of the Franchise agreement. A copy of the request and the calculation are attached to this staff report. The net increase to solid waste collection rates is more than the CPI, as recycling fee increased for the Samoa Recycling Facility, and increased costs for residual solid waste transferred to HWMA increasing (as indicated in the letter from Ms. Wise).

Business Item 5f

Table 1. Sections 2.03.06 and 2.03.07 of the Franchise Agreement between the City of Fortuna and Recology, Inc.

City staff has reviewed the requested increase for accuracy and has determined that the request meets the provisions of the Franchise Agreement for this type of adjustment.

Under the provision of paragraph 2.03.07i, the City Manager has the authority to approve CPI increases of less then or equal to 3%. However, the City Council must approve any annual CPI adjustment greater then 3%. Therefore, this item is presented to the Council for approval.

Business Item 5f

RECOMMENDED COUNCIL ACTION

1. Receive staff report and review questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to approve the solid waste rate adjustment requested by Recology, Inc. to reflect the Consumer Price Index increase. Voice vote.

ATTACHMENT:
 5/5/2023 Recology Rate Adjustment Request and Calculation

1 Merritt Perry
From: Linda Wise <[email protected]>
Sent: Friday, May 5, 2023 3:45 PM
To: Merritt Perry
Cc: Seth Hansen; Nikki Burke; Frank Nelson
Subject: 2023-2024 City of Fortuna Annual Rate Adjustment Attachments: Fortuna Rate Application 7.1.2023-Submitted 5.1.223.pdf Good afternoon MerrittAttached is this year’s rate application submitted in compliance with the current contract. It reflects CPI and a passthrough adjustment which includes disposal and the proposed HWMA recycling processing fees. Those fees will be heard on May 17th, and if they are approved and there are no changes the attached application will become final. They will need to approved to be effective July 1, 2023.

Last year, MSW disposal was $107.44/ton and recycling was $90.35/ton. This year those pass-through fees are $117.98/ton for MSW disposal and $110.97/ton for recycling. The result is a change to current rates to the most common service size is the following:

Residential 30gallon MSW Service (weekly)
2022-2023 $31.11/mo.
2023-2024 $34.17/mo.

Change $ 3.06 (9.8 %)
Commercial 1 yard MSW Service (weekly)
2022-2023 $89.91/mo.
2023-2024 $100.14/mo.

Change $ 10.23 (11.4 %)
Please let me know when the City Council will hear the rates. If you need assistance with writing an explanation for the council packet please let me know. Of course, if you have any questions on the application please let me know.

Take careLinda
Linda A. Wise (she, 她, ella)
General Manager
Recology™ Humboldt County
555 Vance Ave., Samoa, CA 95564
T: 707.442.4501 | C: 707.499.2375 [email protected]
Linda A. Wise (she, 她, ella)
General Manager
Recology™ Humboldt County
555 Vance Ave., Samoa, CA 95564
T: 707.442.4501 | C: 707.499.2375 [email protected]

WASTE ZERO
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City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna $117.98 Per Ton
Disposal Component of Monthly Rates Effective 7/1/2023
Exhibit A - 9% Franchise Fees
Bag Service 1 Bag
Regular $2.07 per pick up
20-Gallon Can 1 Can
1xWeekly $5.62 Extra Can Pick Up $2.07 per pick up
32-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $8.99 $17.98 $26.97 $35.96
2xWeekly $17.98 $35.96 $53.93 $71.91
45-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $12.64 $25.28 $37.92 $50.56
2xWeekly $25.28 $50.56 $75.84 $101.13
64-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $17.98 $35.96 $53.93 $71.91
2xWeekly $35.96 $71.91 $107.87 $143.82
Bins No Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $56.74 $85.11 $113.48 $170.23 $226.97 $340.45 $453.94 2xWeekly $113.48 $170.23 $226.97 $340.45 $453.94 $680.91 $907.88 3xWeekly $170.23 $255.34 $340.45 $510.68 $680.91 $1,021.36 $1,361.82 Effective 07/01/2023 Page 1 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Collection Component of Monthly Rates Black indicates Effective 7/1/2023 Exhibit B - 9% Franchise Fees CPI Change 5.2%
Bag Service 1 Bag Blue indicates prior year components
Regular $5.77 per pick up
$6.07
Curbside Recycling $7.93 Charge for second and all subsequent RCY toters Green Waste $3.59 $8.34 $3.78
20-Gallon Can 1 Can
1xWeekly $21.11 Extra Can Pick up $4.62 per pick up
$22.21 $4.86
32-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $22.30 $37.30 $52.19 $67.13
2xWeekly $34.08 $63.90 $93.43 $123.25
$23.46 $39.24 $54.91 $70.63
$35.86 $67.23 $98.30 $129.68
45-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $28.20 $56.40 $84.61 $112.82
2xWeekly $56.40 $112.82 $169.20 $225.60
$29.67 $59.34 $89.02 $118.70
$59.34 $118.70 $178.02 $237.36
64-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly
2xWeekly
$37.59 $86.78 $136.15 $185.46
$91.88 $190.60 $289.66 $388.31
Bins No Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $36.46 $53.42 $70.33 $96.12 $118.41 $192.14 $236.67 2xWeekly $72.83 $106.82 $140.71 $190.91 $236.79 $384.14 $473.28 3xWeekly $109.31 $160.19 $211.12 $288.26 $355.22 $576.27 $709.97 $38.36 $56.21 $74.00 $101.13 $124.58 $202.16 $249.01
$76.63 $112.39 $148.05 $200.86 $249.14 $404.17 $497.96
$115.01 $168.54 $222.13 $303.29 $373.74 $606.32 $746.99 RCY Bins 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $32.10 $32.10 $32.10 $32.10 $32.10 $32.10
2xWeekly $64.20 $64.20 $64.20 $64.20 $64.20 $64.20
Additional Pick up $8.03 $8.03 $8.03 $8.03 $8.03 $8.03
$33.77 $33.77 $33.77 $33.77 $33.77 $33.77 $33.77
$67.55 $67.55 $67.55 $67.55 $67.55 $67.55 $67.55
$8.45 $8.45 $8.45 $8.45 $8.45 $8.45 $8.45
Bins Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard $21.03 $23.78 $26.84 $32.69 $38.60 $50.49 $60.95
$22.13 $25.02 $28.24 $34.39 $40.61 $53.12 $64.13
new size
Effective 07/01/2023 Page 2 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Collection Component of Monthly Rates Black indicates Effective 7/1/2023 Exhibit B - 9% Franchise Fees CPI Change 5.2%
Compactors 20 Yard 40 Yard
1xWeekly $112.49 $199.11
2xWeekly $224.99 $398.23
1xWeekly $118.36 $209.49
2xWeekly $236.72 $418.99
Disposal charged separately. Does not include rental of Compactor.

One-Time Rental Rate
Debris Box Rentals 4 Yard 15 Yard 20 Yard 30 Yard 40 Yard $167.98 $645.72 $787.45 $1,090.62 $1,393.79
$176.74 $679.39 $828.51 $1,147.49 $1,466.46
Effective 07/01/2023 Page 3 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Monthly Rates Before RCY Processing Fees (Collection & Disposal Components) Exhibit C - 9% Franchise Fees
Bag Service 1 Bag
Regular $8.14 per pick up
Curbside Recycling $8.34 Charge for second and all subsequent RCY toters Green Waste $3.78 20-Gallon Can 1 Can
1xWeekly $27.83 Extra Can Pick Up $6.93 per pick up
32-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $32.45 $57.22 $81.88 $106.59
2xWeekly $53.84 $103.19 $152.23 $201.59
45-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $42.31 $84.62 $126.94 $169.26
2xWeekly $84.62 $169.26 $253.86 $338.49
64-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $55.57 $122.74 $190.08 $257.37
2xWeekly $127.84 $262.51 $397.53 $532.13
Bins No Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $95.10 $141.32 $187.48 $271.36 $351.55 $542.61 $702.95 2xWeekly $190.11 $282.62 $375.02 $541.31 $703.08 $1,085.08 $1,405.84 3xWeekly $285.24 $423.88 $562.58 $813.97 $1,054.65 $1,627.68 $2,108.81 RCY Bins 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $33.77 $33.77 $33.77 $33.77 $33.77 $33.77 $33.77 2xWeekly $67.55 $67.55 $67.55 $67.55 $67.55 $67.55 $67.55 Additional Pick up $8.45 $8.45 $8.45 $8.45 $8.45 $8.45 $8.45 Bins Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard $22.13 $25.02 $28.24 $34.39 $40.61 $53.12 $64.13
Compactors 20 Yard 40 Yard
1xWeekly $118.36 $209.49
2xWeekly $236.72 $418.99
Disposal charged separately. Does not include rental of Compactor.

One-Time Rental Rate
Debris Box Rentals 4 Yard 15 Yard 20 Yard 30 Yard 40 Yard $176.74 $679.39 $828.51 $1,147.49 $1,466.46
Effective 07/01/2023 Page 4 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna 5.3%
Recycling Processing Component of Monthly Rates - 9% Franchise Fees % of Revenue Bag Service 1 Bag
Regular $0.43 per pick up
Curbside Recycling $0.44 Charge for second and all subsequent RCY toters Green Waste $0.20 20-Gallon Can 1 Can
1xWeekly $1.48 Extra Can Pick Up $0.37 per pick up
32-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $1.72 $3.03 $4.34 $5.65
2xWeekly $2.86 $5.47 $8.07 $10.69
45-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $2.24 $4.49 $6.73 $8.98
2xWeekly $4.49 $8.98 $13.46 $17.95
64-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $2.95 $6.51 $10.08 $13.65
2xWeekly $6.78 $13.92 $21.09 $28.22
Bins No Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $5.04 $7.50 $9.94 $14.39 $18.65 $28.78 $37.28
2xWeekly $10.08 $14.99 $19.89 $28.71 $37.29 $57.55 $74.57 3xWeekly $15.13 $22.48 $29.84 $43.17 $55.94 $86.33 $111.85 RCY Bins 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $1.79 $1.79 $1.79 $1.79 $1.79 $1.79 $1.79
2xWeekly $3.58 $3.58 $3.58 $3.58 $3.58 $3.58 $3.58
Additional Pick up $0.45 $0.45 $0.45 $0.45 $0.45 $0.45 $0.45 Bins Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard $1.17 $1.33 $1.50 $1.82 $2.15 $2.82 $3.40
Compactors 20 Yard 40 Yard
1xWeekly $6.28 $11.11
2xWeekly $12.55 $22.22
Disposal charged separately. Does not include rental of Compactor.

One-Time Rental Rate
Debris Box Rentals 4 Yard 15 Yard 20 Yard 30 Yard 40 Yard $9.37 $36.03 $43.94 $60.86 $77.78
Effective 07/01/2023 Page 5 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Total Monthly Rates - 9% Franchise Fees Black indicates Effective 7/1/2023 (Disposal, Collection and RCY Processing Components) Blue indicates prior year rates Bag Service 1 Bag
Regular $7.81 per pick up
$8.57
Curbside Recycling $8.09 Charge for second and all subsequent RCY toters Green Waste $3.66 $8.78 $3.98
20-Gallon Can 1 Can
1xWeekly $26.76 Extra Can Pick Up $6.64 per pick up
$29.31 $7.30
32-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $31.11 $54.75 $78.30 $101.89
2xWeekly $51.47 $98.59 $145.42 $192.55
1xWeekly $34.17 $60.25 $86.22 $112.24
2xWeekly $56.70 $108.66 $160.30 $212.28
45-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly $40.51 $81.02 $121.54 $162.07
2xWeekly $81.02 $162.07 $243.08 $324.10
1xWeekly $44.55 $89.11 $133.67 $178.24
2xWeekly $89.11 $178.24 $267.32 $356.44
64-Gallon Can 1 Can 2 Cans 3 Cans 4 Cans
1xWeekly
2xWeekly
1xWeekly $58.51 $129.25 $200.17 $271.02
2xWeekly $134.62 $276.43 $418.62 $560.35
Bins No Rental 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $89.91 $133.57 $177.17 $256.21 $331.66 $512.30 $663.17 2xWeekly $179.72 $267.12 $354.41 $511.05 $663.29 $1,024.46 $1,326.26 3xWeekly $269.66 $400.63 $531.67 $768.51 $994.96 $1,536.77 $1,989.45 1xWeekly $100.14 $148.82 $197.42 $285.75 $370.20 $571.39 $740.23 2xWeekly $200.19 $297.61 $394.91 $570.02 $740.37 $1,142.63 $1,480.41 3xWeekly $300.37 $446.36 $592.42 $857.14 $1,110.59 $1,714.01 $2,220.66 RCY Bins 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard 1xWeekly $32.75 $32.75 $32.75 $32.75 $32.75 $32.75
2xWeekly $65.50 $65.50 $65.50 $65.50 $65.50 $65.50
3xWeekly $8.19 $8.19 $8.19 $8.19 $8.19 $8.19
1xWeekly $35.56 $35.56 $35.56 $35.56 $35.56 $35.56 $35.56 2xWeekly $71.13 $71.13 $71.13 $71.13 $71.13 $71.13 $71.13 Additional Pick up $8.90 $8.90 $8.90 $8.90 $8.90 $8.90 $8.90 new service
Effective 07/01/2023 Page 6 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Total Monthly Rates (cont'd) - 9% Franchise Fees Black indicates Effective 7/1/2023 (Disposal, Collection and RCY Processing Components) Blue indicates prior year rates 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Bins Rental $21.45 $24.26 $27.38 $33.35 $39.38 $51.51 $62.18 $23.30 $26.35 $29.74 $36.21 $42.76 $55.94 $67.53
Compactors 20 Yard 40 Yard
1xWeekly $192.22 $222.22
2xWeekly $384.44 $444.44
1xWeekly $124.64 $220.61
2xWeekly $249.27 $441.21
Disposal charged separately. Does not include rental of Compactor.

One-Time Rental Rate
4 Yard 15 Yard 20 Yard 30 Yard 40 Yard
Debris Box Rentals $171.37 $658.75 $803.34 $1,112.63 $1,421.92 $186.11 $715.42 $872.45 $1,208.35 $1,544.24
Other Fees
2Y@1Y - Disc 1YD rate for 2YD $23.30
Heavy Can Charge $3.49 per occurance/25 lbs.

Extra Yard of Trash $36.09
Appliances $12.63
Freon Charge $36.82
Rates not listed on Rate Sheets will increase at the following rates Residential 10.00%
MFD 11.51%
Comm'l 11.51%
Debris Box 8.60%
Service 2.59%
Recycling 8.56%
Green Waste 8.68%
Effective 07/01/2023 Page 7 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
Disposal Rates per Ton
Exhibit A-1
2021 2022 2023
$ CPI $ CPI $
ERD COLLECTION FEES 2.6% 9% 5%
ERD Labor Cost 75% of CPI $ 7.60 $ 0.15 $ 7.75 $ 0.54 $ 8.29 $ 0.33 $ 8.62 ERD Operation 75% of CPI 4.75 0.10 4.85 0.34 5.19 0.21 5.40 ERD Scale Maintenance 75% of CPI 0.81 0.02 0.82 0.06 0.88 0.04 0.92 ERD Haul Cost Avoidance 75% of CPI (11.71) (0.23) (11.94) (0.84) (12.77) (0.51) (13.29) ERD Capital Cost Pass-Through 5.88 5.88 5.88 5.88
ERD Return on Investment 75% of CPI 7.31 0.15 7.46 0.52 7.98 0.32 8.30 Total ERD COLLECTION FEES $ 14.65 $ 0.18 $ 14.82 $ 0.63 $ 15.45 $ 0.38 $ 15.83

ERD DISPOSAL FEES
Transportation 75% of CPI $ 49.01 $ 0.98 $ 49.96 $ 3.50 $ 53.35 $ 2.13 $ 55.44 Landfill Pass-Through 26.37 27.18 28.00 34.75
Total ERD DISPOSAL FEES $ 75.38 $ 77.14 $ 81.35 $ 90.19

HWMA FEES
HHW Program Pass-Through $ - $ 6.22 $ 6.36 $7.68
County/City Recycling Programs - - - -
Table Bluff Maintenance - - - -
County LEA - - - -
Cleanup Fees - - - -
Cummings Landfill Maintenance Monitoring - - - -
County Rural Container Subsidy - - - -
Administration - - - -
LEA Fee Pass-Through 3.13 3.13 $3.13
Fortuna Host fee Pass-Through 1.15 1.15 1.15 1.15
Total HWMA Fees $ 1.15 $ 10.50 $ 10.64 $ 11.96
Total Disposal Rate per Ton $ 91.18 $ 102.46 $ 107.44 $ 117.98

2.29% 12.38% 4.86% 9.81%
*Disposal costs = per ton disposal costs at Anderson Landfil.

Effective 07/01/2023 Page 8 of 10
City of Fortuna Rates Fortuna Rate Calculation 7.1.2023-Updated 5.23.23 City of Fortuna
RCY Processing Costs Rate Year 2023-2024
21-22 Actual 22-23 Projected 22-23 Actual 23-24 Projected RCY Processing Fee/Ton $ 101.76 $ 90.35 $ 90.35 $ 110.97 Annual RCY Tons 898 898 1,114 1,114
Franchise Fee 9.0% 9.0% 9.0% 9.0%
RCY Charges for Rate Year $ 91,339 $ 81,097 $ 100,635 $ 123,603 Franchise Fee 9,034 8,021 9,953 12,224
Total RCY Charges for Rate Year $ 100,372 $ 89,118 $ 110,588 $ 135,827 Less: RCY Processing Fee Collected in Rate Year (133,252) NA (55,998) NA Plus: Carry Over/(Credit) from prior Rate Year (4,049) (36,928) (36,928) 17,662 Total Owed/(Credit) for Rate Year $ (36,928) $ 52,189 $ 17,662 $ 153,489 Annual Revenues $ 2,318,341 2,775,071
Annual Revenues (before RCY Processing) $ 2,185,089 $ 2,586,321 $ 2,719,073 $ 2,893,842 Recycling Processing % Revenues 2.02% 5.30%
Applied % of Revenues 2.02% 5.30%
Effective 07/01/2023 Page 9 of 10
City of Fortuna Rates
City of Fortuna
CPI Table
Exhibit D
Series Id:

Series Title:

Area:

Item:

Base Period:

Data extracted on: March 15, 2023 (5:21:10 PM)
March to
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 March Change 2008 131.328 131.538 132.896 133.694 134.023 135.283 136.021 135.207 134.834 133.795 131.440 129.725 133.315 133.127 133.504 2009 130.682 131.636 131.775 131.912 131.990 132.952 132.774 132.756 133.128 133.618 133.335 133.132 132.474 131.825 133.124 -0.8% 2010 133.366 133.513 133.863 134.133 133.889 133.635 133.685 133.704 133.544 133.745 133.930 134.328 133.778 133.733 133.823 1.6% 2011 134.917 135.826 137.200 138.174 138.598 138.269 138.128 138.171 138.564 138.696 138.411 138.017 137.748 137.164 138.331 2.5% 2012 138.465 138.997 140.235 140.619 140.834 140.375 139.645 139.971 140.600 140.847 140.287 139.768 140.054 139.921 140.186 2.2% 2013 139.865 141.072 141.573 141.788 141.838 141.805 141.940 142.228 142.277 141.954 141.736 141.751 141.652 141.324 141.981 1.0% 2014 141.998 142.120 142.813 143.077 144.253 144.522 144.435 144.317 144.506 144.214 143.398 142.669 143.527 143.130 143.923 0.9% 2015 142.022 143.005 143.887 144.426 145.346 145.198 144.917 144.752 144.507 144.379 143.595 143.398 144.119 143.981 144.258 0.8% 2016 143.932 144.128 144.264 145.128 145.942 145.866 145.850 145.829 146.130 146.328 146.004 145.918 145.443 144.877 146.010 0.3% 2017 146.469 147.451 147.880 148.496 148.789 148.792 148.691 149.255 149.954 150.336 150.003 149.920 148.836 147.980 149.693 2.5% 2018 150.564 151.200 151.702 152.350 153.201 153.546 153.464 153.797 154.158 154.729 154.625 154.228 153.130 152.094 154.167 2.6% 2019 154.328 154.671 155.178 156.523 157.488 157.564 157.465 157.654 157.738 158.635 158.482 158.496 157.019 155.959 158.078 2.3% 2020 158.599 159.183 159.129 158.824 158.301 158.857 159.752 160.528 160.846 161.141 161.069 160.840 159.756 158.816 160.696 2.5% 2021 161.199 162.042 163.257 165.088 166.813 168.425 169.267 169.477 169.977 171.226 172.214 172.722 167.642 164.471 170.814 2.6% 2022 174.269 175.890 178.019 179.339 180.810 182.790 183.277 183.543 184.088 185.410 184.626 183.686 181.312 178.520 184.105 9.0% 2023 184.717 185.968 187.301 5.2%
Updated 4/24/2023
All items in West - Size Class B/C, all urban
consumers, not seasonally adjusted West - Size Class B/C All items
DECEMBER 1996=100
CPI-All Urban Consumers (Current Series)
Original Data Value
CUURN400SA0
Not Seasonally Adjusted
Effective 07/01/2023 Page 10 of 10
Business Item 5g

STAFF REPORT
City Council Business Item
DATE: June 5, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Organic Waste Disposal Ordinance Revision
STAFF RECOMMENDATION:

Staff recommends that the Council hold a public hearing, conduct a first reading of Ordinance 2023-761, revising Chapter 8.14 to the Fortuna organic waste disposal reduction regulations that implement and enforce CalRecycle organics regulations and SB 1383 compliance date from July 1, 2023 to January 1, 2024.

EXECUTIVE SUMMARY:

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

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

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

There are many parts of SB 1383 that will take time and effort to develop and implement. The City completed an Implementation Plan in collaboration with the HWMA and other jurisdictions in Humboldt County. A part of that effort was the development of a roadmap of options for how we Business Item 5g

might look to identify the requirements of the various portions of the new regulations. The City will have to make changes to the City's waste collection, recycling, and organics programs in the next few years to satisfy the requirements of SB 1383.

Ordinance 2022-755 was adopted by the council on June 2nd 2022 to satisfy the City’s requirement to adopt an enforceable ordinance, with implementation of the requirements delayed until January 1, 2023. The council subsequently adjusted the timeline to July 1, 2023 by Ordinance 2022-757 due delays in negotiating the franchise agreement and availability of equipment to process the organic waste. Currently staff is still negotiating the franchise agreement changes with our franchise waste hauler (Recology) and do not anticipate being able to complete the franchise agreement changes until sometime within the first six months of 2024. Therefore, staff is recommending that we delay the effective date until July 1, 2024. Additionally, Recology does not anticipate having the necessary equipment to implement mandatory collection (collection bins and trucks) of organic and solid waste, and currently there is not a regional facility that can process the organic waste for recycling. The Humboldt Waste Management Authority (HWMA) is working on a project to create a tipping floor to process and haul organic waste to an approved facility. The soonest a facility would be available is July 1, 2024. Therefore, if the schedule for the HWMA facility is delayed, or Recology continues to experience supply chain delays for equipment, changes may need to be revised again in the future.

RECOMMENDED COUNCIL ACTION:

1. Open the Public Hearing

2. Receive staff presentation and review Council questions with staff

3. Open Public Comment

4. Close Public Comment

5. Motion to conduct first reading of Ordinance 2023-761, by title only and continue the public hearing to June 20, 2023. Roll call vote.

ATTACHMENTS:
 Ordinance No. 2023-761, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance -1-
ORDINANCE NO. 2023-761

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA CALIFORNIA, AMENDING TITLE 8 – HEALTH AND SAFETY OF THE FORTUNA MUNICIPAL CODE BY REVISING CHAPTER 8.14– ORGANIC REDUCTION AND

RECYCLING ORDINANCE
WHEREAS, the City of Fortuna (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, on June 6, 2022, the City Council passed and adopted Ordinance No. 2022-755, which added Chapter 8.14 to Title 8 of the Fortuna Municipal Code (“FMC”), to implement relevant provisions of Senate Bill 1383 regulating organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS, pursuant to Section 4 of Ordinance No. 2022-755, Ordinance No. 2022-755 was effective as of January 1, 2023; and
WHEREAS, pursuant to Section 4 of Ordinance No. 2022-757, the City Council amended Chapter

8.14 to Title 8 of the Fortuna Municipal Code to provide for deferred implementation of certain requirements set forth in Chapter 8.14 to allow time for the City to complete its Franchise Agreement negotiations and to ensure the necessary equipment and regional facilities are available to process the organics waste for recycling; and
WHEREAS, the City Council intends, by this Ordinance, to further amend certain provisions of Chapter 8.14 of the FMC to provide for further deferred implementation of certain requirements set forth in Chapter 8.14 to allow time additional for the City to complete its Franchise Agreement negotiations and to ensure the necessary equipment and regional facilities are available to process the organics waste for recycling; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance.

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

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

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

Furthermore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION 3. Fortuna Municipal Code Amendment. Section 8.14.040 (Requirements For SingleFamily Generators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text. -2-

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

8.14.100 and/or that are located in a census tract for which CalRecycle has issued a low population waiver (as described in 14 CCR Section 18984.12), Single-Family generators, on and after July 1, 2024, shall:
(a) Be subscribed to the collection service(s) approved by the CITY for Compost Containers, Recycling Containers, and Landfill Containers. The CITY shall have the right to review the number and size of a generator’s containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A Single-Family generator shall adjust its service level for its collection services as requested by the CITY in order to meet the standards set forth in this Ordinance. Generators may manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
(b) Participate in the Organic Waste collection service(s) approved by the CITY by placing designated materials in designated containers as described below, and not placing Prohibited Container Contaminants in collection containers. Generator shall place Source Separated Compost Container Organic Waste, including Food Waste, in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Landfill Container Waste in the Landfill Container; in each case, solely to the extent such materials are acceptable materials in the applicable container under the franchise agreement between the CITY and a Regulated Hauler. Generators shall not place materials designated for the Landfill Container into the Compost Container or the Recycling Container. (c) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

SECTION 4. Fortuna Municipal Code Amendment. Section 8.14.050 (Requirements For Commercial Business Generators Including Multi-Family Residential Dwellings) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.

8.14.050. REQUIREMENTS FOR COMMERCIAL BUSINESS GENERATORS

INCLUDING MULTI-FAMILY RESIDENTIAL DWELLINGS
On and after July 1, 2024, Commercial Business Organic Waste Generators, including MultiFamily Residential Dwellings, shall:
(a) Except Commercial Businesses that meet the Self-Hauler requirements in Section

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

SECTION 5. Fortuna Municipal Code Amendment. Section 8.14.070 (Requirements For Commercial Edible Food Generators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.

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

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

SECTION 6. Fortuna Municipal Code Amendment. Section 8.14.080 (Requirements For Food Recovery Organizations and Services) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlinedtext.

8.14.080. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND

SERVICES
(a) Nothing in this Ordinance prohibits a Food Recovery Service or Food Recovery Organization from refusing to accept edible food from a Commercial Edible Food Generator, in accordance with 14 CCR Section 18990.2(d). (b) On and after July 1, 2024, Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement -8-
established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (c) On and after January 1, 2024, Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the CITY the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) according to the following schedule: no later than March 31, 2024, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year. (e) In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the Enforcement Agency regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the CITY and Commercial Edible Food Generators in the City A Food Recovery Service or Food Recovery Organization contacted by the Enforcement Agency shall respond to such request for information within 60 days, -9-
unless a shorter timeframe is otherwise specified by the Enforcement Agency. (f) The Enforcement Agency for the provisions of this section is the CITY and any other Designee of the CITY.

SECTION 7. Fortuna Municipal Code Amendment. Section 8.14.090 (Requirements For Regulated Haulers And Facility Operators) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in boldunderlined-text.

8.14.090. REQUIREMENTS FOR REGULATED HAULERS AND FACILITY

OPERATORS
(a) Requirements for Regulated Haulers.
(1) A Regulated Hauler providing Single-Family, Commercial, or industrial Organic Waste collection service to generators within the City shall meet the following requirements and standards in connection with collection of Organic Waste:
(A) Through written notice to the CITY annually on or before March 31, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Compost Container Organic Waste.
(B) Commencing July 1, 2024, transport Source Separated Recyclable Materials to a facility that recycles those materials and transport Source Separated Compost Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the CITY to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.14.130, and any CITY rules.
(2) The Enforcement Agency for the provisions of this subsection (a) is the CITY and any other Designee of the CITY.
(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon request from the CITY, provide within 60 days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about through put and permitted capacity necessary for planning purposes. (2) Community Composting operators shall, upon request from the CITY, provide -10-
within 60 days information to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation.
(3) The Enforcement Agency for the provisions of this subsection (b) is the CITY and any Designee of the CITY.

SECTION 8. Fortuna Municipal Code Amendment. Section 8.14.100 (Requirements For SelfHaulers) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strikethrough-text and adding the text shown below in bold-underlined-text.

8.14.100. REQUIREMENTS FOR SELF-HAULERS
(a) On and after July 1, 2024, Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the CITY otherwise requires generators to separate for Collection in the CITY’s organics and recycling collection program) generated or handled on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) On and after July 1, 2024, Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Compost Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, on and after July 1, 2024, Self- Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. Self-Haulers may Back-haul to a destination owned and operated by the generator using the generator’s own employees and equipment and then haul those consolidated materials to facilities meeting the requirements of this subsection (b) or otherwise dispose of the waste, recyclables, and organic waste in a manner consistent with this Ordinance.
(c) Self-Haulers shall certify at least once every five (5) years to compliance with this section, on a form provided by the City, as a precondition to self-hauling, and upon every change of address.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall, on and after July 1, 2024, keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Enforcement Agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the material. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not -11-
required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(e) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall submit a Certification of Recycling Service Form to the Enforcement Agency for review for compliance if they do not also subscribe to separate collection service for Compost Containers and/or Recycling Containers by a Regulated Hauler.

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

SECTION 9. Fortuna Municipal Code Amendment. Section 8.14.150 (Enforcement) of the Fortuna Municipal Code is amended by deleting the text shown below as bold-strike-through-text and adding the text shown below in bold-underlined-text.

8.14.150. ENFORCEMENT
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of an administrative citation and assessment of a fine by the Enforcement Agency. Enforcement Actions under this Chapter are issuance of an administrative citation with a fine. The CITY’s procedures on imposition of administrative fines in Chapter 1.09 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter. (b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as a misdemeanor or an infraction. The CITY may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The CITY may choose -12-
to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of CITY staff and resources.
(c) Enforcement pursuant to this Chapter may be undertaken by the Enforcement Agency. (d) Appeals Process. Persons subject to administrative enforcement of this Chapter may request an administrative hearing pursuant to Section 1.09.060. (e) Education Period for Non-Compliance Beginning July 1, 2024, and through December 31, 2024. The CITY will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the CITY determines that Organic Waste Generator, SelfHauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, the CITY shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by July 1, 2024, and that violations may be subject to administrative civil penalties from the CITY starting on January 1, 2024.
(f) Civil Penalties for Non-Compliance. Beginning July 1, 2024, if the CITY determines that an Organic Waste Generator, Self-Hauler, Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue an administrative citation and take Enforcement Action, as needed.

SECTION 10. Severability. If any provision of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such invalidity shall not affect the remaining provisions or application of the remaining provisions of this Ordinance, which can be given effect without the invalid provisions or application.

SECTION 11. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.

INTRODUCED AND FIRST READING PERFORMED on this 5th day of June 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
-13-
___________________________
Buffy L. Gray, Deputy City Clerk
SECOND READING PERFORMED AND ADOPTED on the 20th day of June 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana L. Emmons, City Clerk
City Manager’s Report

STAFF REPORT
City Manager's Report
DATE: June 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

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

Regular City Council Meeting
Council Chamber at City Hall
Cancelled
Monday, July 3, 2023
6:00 p.m.

Cancelled
Regular City Council Meeting
Council Chambers at City Hall
Monday, July 17, 2023
6:00 p.m.

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, June 13, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, June 27, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, September 19, 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, June 7, 2023
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, June 27, 2023
8:30 a.m.

Regular FBID Meeting
Council Chambers at City Hall