Fortuna City Council
June 20, 2023

621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 891 0780 3250 Password: 212202 We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Council Member Kyle Conley
Council Member Mike Losey
Council Member Kris Mobley
Mayor Pro Tem Mike Johnson
Mayor Tami Trent
Staff
City Manager Merritt Perry
City Clerk Siana L. Emmons

2. PRESENTATIONS / PROCLAMATIONS/NEW EMPLOYEE INTRODUCTIONS a. Introduction of the new Assistant City Engineer Ryan Fraga b. Introduction of the new Account Clerk II Chris Jennings

3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public Regular Meeting Agenda
Tuesday, June 20, 2023 at 6:00 pm
comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – June 5, 2023 (Regular Meeting) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Annual Military Equipment Report; Assembly Bill 481
k. Authorization to Submit a Letter of Support for an HCAOG Grant Application and Provide a Commitment for In-Kind Grant Match

5. CITY COUNCIL BUSINESS
a. Public Hearing: 2nd Reading and Adoption of Organic Waste Disposal Ordinance 2023- 761
b. Authorize a $1,400,000 Supplemental Budget Request for an Additional Discretionary Payment to the California Public Employee’s Retirement System (CalPERS) Pension Trust
c. ITEM MOVED TO "A" FOR PUBLIC ATTENDANCE: Humboldt Skatepark Collective Addendum to Construct and Maintain a Half Pipe Ramp at Newburg Park d. Professional Services Agreement with CSG Consulting for SB 1383 Compliance and Franchise Agreement Development

6. CITY MANAGER’S REPORT

7. FUTURE AGENDA ITEMS
At this time, members of the Council may consider or request items to be placed on a future agenda through a consensus of the majority.

8. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
Redwood Region Economic Development Corporation (RREDC), Parks & Recreation Commission Alternate
b. Council Member Mike Losey
Redwood Region Economic Development Corporation (RREDC) Alternate, Redwood Coast Energy Authority Alternate, Local Agency Formation Commission (LAFCO), Humboldt Transit Authority Alternate, Parks & Recreation Commission
c. Council Member Kris Mobley
Humboldt County Association of Governments (HCAOG) Alternate, Fortuna Business Improvement District (FBID), Historical Commission Alternate, Redwood Coast Energy Authority
d. Mayor Pro Tem Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission, Indian Gaming Commission Alternate
e. Mayor Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) Alternate

9. ADJOURN TO CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Unrepresented Employee: Finance Director in accordance with Section 54957.6 of the Government Code

10. REPORT OUT AND ADJOURN
In compliance with the Americans with Disabilities Act, if you need special assistance, a disabilityrelated modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 707-725-7600 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 06/15/2023 at 3:13 PM
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 848 0970 0967 Password: 475156 We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

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

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

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

2. PRESENTATIONS / PROCLAMATIONS
Minutes:

None.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

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

4. CONSENT CALENDAR
Minutes:

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

Council Member Losey moved, seconded by Mayor Pro Tem Johnson to approve Consent Calendar items a-e. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 Regular Meeting Agenda
Minutes
Monday, June 5, 2023 at 6:00 pm
a. City Council Minutes –May 15, 2023 (Special Budget Meeting), May 15, 2023 (Regular Meeting)
b. Report of Disbursements
c. City of Fortuna Basic Financial Statement Audit for the year ended June 30, 2022 d. Authorizing an Application for Grant Funds, for a Habitat Conservation Fund Grant for the Acquisition of a 6.25-Acre Parcel
e. Plug-In Vehicle Charging Network Grant Letter of Commitment

5. CITY COUNCIL BUSINESS
a. Approval of the Full and Part Time Classification and Pay Rate Schedules for Fiscal Year 2023-2024 Resolution 2023-16 and Resolution 2023-17 Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on full-time and parttime pay rate schedules.

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

CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Council Member Losey to adopt Resolution 2023-16, A Resolution Of The City Council of the City Of Fortuna Adopting the Full Time Classification And Pay Rate Schedules For Fiscal Year 2023-24 (Option 2) and read by title only. Roll call vote. AYES: Council Members Losey, Mobley, Mayor Pro Tem Johnson NOES: Mayor Trent ABSTAIN: Council Members Conley ABSENT: None MOTION CARRIED: 3/1
CITY COUNCIL ACTION: Mayor Pro Tem Johnson moved, seconded by Council Member Conley to adopt Resolution 2023-17, A Resolution Of The City Council of the City Of Fortuna Adopting the Part Time Classification And Pay Rate Schedules For Fiscal Year 2023-24. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 b. Public Hearing to Consider the Adoption of Rates and Fees for City Services; Resolution 2023-13
Minutes:

STAFF REPORT: Finance Director Aaron Felmlee provided a staff report on City services rates and fees.

PUBLIC COMMENTS:

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

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Johnson to adopt Resolution 2023-13, A Resolution Of The City Council of the City Of Fortuna Establishing A Schedule Of Fees And Charges For Administrative, Building, Community Development, Parks, Recreation, Police, Riverlodge & Monday Club, Transit, and Water & Wastewater Within The City Of Fortuna For Fiscal Year 2023-2024. Roll call vote AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 c. Adoption of FY 2023-24 Budget
Minutes:

STAFF REPORT: Finance Director Aaron Felmlee provided a staff report on the proposed Fiscal Year 2023-24 Annual Budget.

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

CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Mobley to adopt Resolution 2023-18, A Resolution Of The City Council Of The City Of Fortuna Adopting The City of Fortuna’s Annual Operating Budget for Fiscal Year 2023-24.

Roll call vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 d. Approve the Fiscal Year 2023-2024 Five-Year Capital Improvement Program Minutes:

STAFF REPORT: Public Works Director Brendan Byrd provided a staff report on the fiveyear Capital Improvement Program.

PUBLIC COMMENTS: Walt Wilson a member of the public asked why they put cameras in the sewer lines. There being no additional public comments, Mayor Trent closed the public comment section.

CITY COUNCIL ACTION: Mayor Pro Tem Johnson moved, seconded by Council Member Losey 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. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED:
5/0
e. Public Hearing Regarding Fortuna Business Improvement District’s Annual Assessment
Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on the Fortuna Business Improvement District's annual assessment.

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

CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Conley to adopt 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. Roll call vote AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
f. Solid Waste Rate Adjustment Request
Minutes:

Council Member Mobley recused herself from this item and left the room.

STAFF REPORT: City Manager Merritt Perry provided a staff report on a solid waste rate adjustment request.

PUBLIC COMMENTS: Recology General Manager Linda Wise explained the reason for the increase and answered Council questions. There being no additional public comments, Mayor Trent closed the public comment section.

CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Conley to approve the solid waste rate adjustment with Recology, Inc. to reflect the Consumer Price Index increase of 5.2%. Voice vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT:

None RECUSED: Council Member Mobley MOTION CARRIED: 4/0 Council Member Mobley returned for the next item on the agenda. g. Organic Waste Disposal Ordinance Revision, Ordinance 2023-761 Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on amending Title 8 Organic Reduction and Recycling Ordinance.

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

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Mobley to conduct first reading of Ordinance 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 and continue the public hearing to June 20, 2023. Roll call vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN:

None ABSENT: None MOTION CARRIED: 5/0
h. Public Hearing: First Reading of Construction and Demo Ordinance (continue to 06/20/2023)
Minutes:

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

Mayor Pro Tem Johnson moved, seconded by Council Member Losey to continue this item to Tuesday, June 20, 2023. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0

6. CITY MANAGER’S REPORT
Minutes:

City Manager Merritt Perry provided a verbal report.

7. FUTURE AGENDA ITEMS
Minutes:

None.

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

9. ADJOURN TO CLOSED SESSION
Minutes:

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

CITY COUNCIL ACTION: Mayor Pro Tem Johnson moved, seconded by Council Member Losey to adjourn to closed session. MOTION CARRIED 5/0
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Section 54956.8 of the Government Code; Vacant Land along Eel River and 1320 Riverwalk Drive; Negotiating Parties: City Manager Merritt Perry for the City of Fortuna and Land/Emke as Negotiating Parties; Under Negotiation: Price and Terms of payment.

10. REPORT OUT AND ADJOURN
Minutes:

REPORT OUT: Direction to Staff
CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Mobley to adjourn the closed session at 8:10 pm. MOTION CARRIED 5/0.

Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Item 4b

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk
THROUGH: Merritt Perry, City Manager
SUBJECT: Administrative Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The Administration Department monthly report encompasses the following divisions: City Attorney, City Clerk, Risk Management/Human Resources and Information Technology.

CITY ATTORNEY
The City Attorney billing was 8.10 hours for the month of May 2023 for the Mitchell Law Firm, LLC. Project support for this month included agenda and staff report review, bid proposal review, contract review, and various email and telephone calls.

CITY CLERK DIVISION
For the month of May, the Clerk’s Office prepared and published two agendas for Regular City Council meetings, two agendas for Special Budget Workshops, and one agenda for the Historical Commission.

City Council Meetings
Council Meeting Date Agenda Items
May 1, 2023 Regular Meeting 9
May 8, 2023 Special Budget Workshop 3
May 15, 2023 Regular Meeting 12
May 15, 2023 Special Budget Workshop 2
Totals 26
City Clerk’s Office Key Duties May
Public Records Act Requests 4
General Information Requests 25 – 30 per day, average
Ordinances 1
Resolutions 2
Minutes Prepared 4
Consent Item 4b

Notary Services Provided 3
Claims for Damages Filed 0
FPPC Filings: 0
Legal Publications 4
Notices Posted (Public Hearing, Agenda, Ordinance, etc.) 5

RISK MANAGEMENT / HUMAN RESOURCES DIVISION
Risk Management
There were no new Worker’s Compensation claims and no new liability/tort claims filed as of June 1, 2023. The City is working closely with our risk pool, California Intergovernmental Risk Authority (CIRA), legal counsel and our Worker’s Compensation Third Party Administrator LWP, to move claims toward closure of all claims.

Date of Claim Type of Claim Status
03/10/2022 Civil Claim In progress
09/29/2022 Civil Claim In progress
The City’s risk pool, California Intergovernmental Risk Authority (CIRA) hosted the annual training and board meeting in Sacramento May 24 – 25th.

The training was focused the benefits of participating in the pool as well understanding the factors that are shaping the self-insurance/joint powers authorities’ industry and the public agency environments. There was interactive discussion to assess impacts on the needs of public agencies and help define opportunities for CIRA.

The session was used to create a draft mission statement and to discuss and determine direction around key questions or issues that would impact CIRA’s purpose and direction. A portion of the training included working on building a compelling vision of CIRA and setting strategic goals for how the JPA should evolve over the next five to ten years, including organizational goals, products and services goals, and communication, outreach influence goals.

The regular CIRA Board meeting covered review of actuarial reports including liability and worker’s compensation, the contract with our worker’s compensation third party administrator LWP, Worker’s Compensation excess renewal, George Hills contract, the FY 2023-24 CIRA Budget, Property Program deductible buydown, General Manager Performance Evaluation, CIRA’s Master Program Document, CIRA Elections, Audited Financial Statements through June 30, 2022, CIRA group purchased insurance coverage programs, discussion regarding potential new members, REMIF’s self-insured health plan and additional covered party endorsement for Forest Hills Fire Protection District.

The two-day event was packed full of information and brainstorming. It was nice to meet in person many of the representatives of our partner agencies.

Risk has almost completed an improved special events processes and “Special Events” handbook for user groups to obtain easy access to the information they will need to host special events within the City. We’re looking forward to providing this comprehensive tool to user groups for new and exciting events we are anticipating coming to Fortuna in 2024! The event season is almost in full-swing and the City continues to work closely with user groups to ensure adequate coverage and safety measures in place for hosting large crowds.

Consent Item 4b

Human Resources
Human Resource completed our weekly meeting with trainers from NEOGOV, and signed off on the “Insight” platform. HR staff is excited to implement this recruitment software and present a streamlined applicant and internal processes and it will be exciting to use the new platform for our next recruitment! We will move forward with training on the new Neogov onboarding platform “Onboard” toward the end of June. Implementing Onboard will create a more efficient work flow for new employees to submit required employment forms and will provide a time saving benefit for the Payroll and Benefits Administrator.

The City continues to search for and recruit qualified staff for open positions. For more information about employment with the City of Fortuna, visit the City’s website www.friendlyfortuna.com, send e-mail to the Deputy City Clerk at [email protected], or call 707-725-7600.

Current Recruitments:

Community Development:

Community Development Director: Closed May 30, 2023 and applications are being reviewed.

City Manager/City Clerk Department:

Senior Administrative Assistant/Deputy City Clerk: Closed June 2, 2023. Pending Finance Department:

Account Clerk II: Chris Jennings started her new position on June 5, 2023.

Accounting Technician: Kelea Town starts her new position on June 20, 2023.

Parks & Recreation:

Bus Drive I: Closes on June 20, 2023.

Park Maintenance Worker I: A temporary employee from Express Personnel is currently working in the Parks Department.

Conference Center Coordinator: Michi Murphy started her new position on June 12, 2023.

Conference Center Worker: Recruitment closes on June 12, 2023.

Recreation Leader (Summer Camp): Six Recreation Leaders were hired for Summer Camp.

Recreation Program Coordinator: One Recreation Program Coordinator was hired for Summer Camp.

Police Department:

Police Dispatcher Full-time: Interviews scheduled for June 14, 2023.

Police Officer (Lateral): Candidate is currently in background.

Community Services Officer – Candidate currently in background.

Public Works:

Assistant City Engineer II: Ryan Fraga started his new position on June 5, 2023.

Street Maintenance Worker II: Interviews scheduled for June 20, 2023.

INFORMATION TECHNOLOGY DIVISION
City Website Statistics (www.friendlyfortuna.com)
We encourage all citizens who are interested in receiving updates from the City to go on to the Fortuna’s website and sign up for e-notifications!
Consent Item 4b

Anyone who would like to receive public notices from Public Works, Community Development/Planning, the Police Department or Citywide Press Releases, please visit the website at https://www.friendlyfortuna.com/enotify/index.php and sign up for e-notifications.

Computer/Network
As you may recall, staff continues to work with Nylex to upgrade the internet service at all City locations by migrating service to a new private fiber based network and public Wi-Fi services at River Lodge, Parks and City Hall. This will reduce the complicated load on the City’s network and be more secure performing as a separate network. These changes will also provide the City with a cost savings of approximately $1,040 per month.

RECOMMENDED COUNCIL ACTION:

Receive Administration Division Monthly Report. Consent agenda vote.

Consent Item 4c

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Katey Schmidt, Community Development Department
THROUGH: Merritt Perry, City Manager
SUBJECT: Community Development Department Monthly Report for May 2023 STAFF RECOMMENDATION:

Receive report as an informational item.

SIGNIFICANT ACTIVITIES:
 The Building Department’s permit summary for May 2023 is attached.  Recent Planning Commission activity includes:
o Coast Central Credit Union Design Review for exterior remodeling & site improvement approved by the Planning Commission on May 9, 2023.
o Tanferani Alamar Way subdivision map extension request approved by the Planning Commission on May 9, 2023
o Multi-Family Design Standards to the Planning Commission on June 27, 2023.  In-process long-range planning activities for Community Development include:
o Mill District Specific Plan for infrastructure, design standards, and land use planning is in process, funded by HCD’s LEAP grant and Headwaters grant. Alternative land use scenarios are being designed for presentation at stakeholder and public meetings. Staff is coordinating with the new owner of the Mill Site to create a plan that matches the owner’s development interests with General Plan policies, public interest, and economic development. o SB2 Planning Grant to implement housing element programs, including ADU, multifamily, design review standards, GIS mapping, improvement standards, and infrastructure. ADU standards were adopted by the City Council on November 1, 2021. o Staff is developing a competitive solicitation process by which it can proceed with the negotiation for the sale of the lots at Drake and Penn for the purposes of creating low-income housing. The lots are held by the City as an asset with the specific purpose of creating low income under its Recognized Obligation Payment Schedule as a part of the City’s Redevelopment Agency. The draft solicitation will be placed on a future Council agenda for approval prior to publication.
 Planning Permits Under Review:
o CLK Kenmar Phase 2 Subdivision for eight single-family parcels and a remainder; Applicant:

Tina Christensen; Location: Kenmar Road.

Consent Item 4c

o Johnson Rohnerville Road minor subdivision for two parcels developed with single-family residences. Applicant: Ralph Johnson; Location: Rohnerville Road and Newburg Road. o DeMille/King Atteberry Lane minor subdivision of one 9.83-acre parcel into four parcels.

Applicants: Taryn DeMille and Cody King; Location: Atteberry Lane and Ross Hill Road.

RECOMMENDED COUNCIL ACTION:

Receive Community Development Department Monthly Report. Consent agenda vote.

Subdivision Status Report
(Approved projects, not yet completed)
The Subdivision Map Act and Fortuna Municipal Code places responsibility for tracking expiration dates with the applicant.

Extension requests must be made by the applicant by written submittal to the City Community Development Department. *The Subdivision Map Act grants automatic extension upon timely submittal of a Final Map for imminent recordation.

Project: Approved: Expires: Status:

Adams Major Subdivision
(6 multifamily lots; 36 units) 12/16/19 Recorded
Final map has been recorded, drainage,
maintenance and construction agreements
recorded and being tracked.

Tanferani Minor Subdivision
(2 lots Alamar Way) 11/12/19
11/11/2021
2 nd extension
expires
11/11/2024
Improvement plans being reviewed by RWQCB.
18 month Parcel Map extension approved by the
Planning Commission on 5/9/23.

Twin Creeks Planned Unit
Development
(59 Lots/Units; Redwood Way)
7/15/19 Phase 1 Recorded Phase 1 Final Map has been recorded.

Mildbrandt Subdivision
(2 lots; Angel Heights Drive) 10/23/2018 Mylar submitted; automatic extension.

Next step: Mylar signed, City working with
applicant on requirements for recording.

Campbell Minor Subdivision
(4 lots and a remainder; Berry Creek
and Second Ave)
1/26/2021 7/25/2024
Improvement plans approved; applicant obtaining
utility signatures. Map extension approved by the
Planning Commission 10/25/22.

White Circle Subdivision
(Riverwalk; 2 lots) 3/27/2018 Recorded
Parcel map recorded. Subdivision Construction
Agreement and maintenance bond tracked.

Consent Item 4c

Consent Item 4d

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Finance Department Monthly Report
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Sales Tax Update:

Finance staff continue to closely monitor the City’s sales tax revenue streams. Sales tax revenue is the largest General Fund revenue source for the City and as such fluctuations in sales tax have the largest effect on the City’s fiscal health.

For sales tax receipts between October and December 2022 the City of Fortuna actual receipts, excluding reporting aberrations, were down 8.2% as compared to October to December 2021. For comparison the County realized a 5.7% decrease and the State of California realized a 4.7% increase. The reason the state far outpaced the City was because the state had much larger decreases at the onset of the pandemic as compared to the City and the County which did not realize significant decreases during 2020-2021. Restaurants and Hotels were the only segments which realized increases quarter over quarter for the City. Additional information about how the City’s sales tax performed during the month of October to December 2022 can be found in attachment ‘B’.

New Fiscal Year:

With the close of fiscal year 2022-23 at the end of the month Finance staff are working diligently on both closing out fiscal year 2022-23 and preparing to open up next fiscal year 2023-24. The year-end process entails running numerous reports, making audit adjustment entries, reconciling accounts, and ensuring all invoices for the 2022-23 year are paid timely. The new fiscal year entails uploading the new budget, issuing open purchase orders, and updating payroll numbers to reflect the fiscal year 2023-24 rates for wages, Cal-PERS pension plans, and other benefits.

Measure E Update:

The Measure E committee’s next regularly scheduled meeting is set for September 19, 2023 at 5:30pm. The primary purpose of this meeting will be for Staff to review with the Committee the list of Measure E funded projects that were included in the Council Adopted Budget for fiscal year 2023-24.

Consent Item 4d

List of Measure E items funded this month:
 (2) Police Detective Positions
 Police Community Services Officer Position
 Police Records Clerk Position
 Parks and Recreation Director Position
 Recreation Program Supervisor Position
 Transit Trips to Eureka for Seniors
 PT Code Compliance Officer Position
 K-9 Program
 Storm Drain Infrastructure Vulnerability Assessment Project  Prop 1 LID 12th St Project
 Rohner Park Basketball Expansion Project
 Monday Club Sponsorship for the Senior Jam
An activity log displaying important Finance data is attached for informational purposes.

RECOMMENDED COUNCIL ACTION:

Receive Finance Department Monthly Report. Consent agenda vote.

ATTACHMENTS:
 Finance Staff Activity Log for May 2023
 Q4 2022 City of Fortuna Sales Tax Newsletter
City of Fortuna
Finance Department
Fiscal Year 2022/23
Finance Department December January February March April May Activity Log 2022 2023 2023 2023 2023 2023
Payroll Checks Issued: 255 250 225 324 230 214
Accounts Payable Checks Issued: 210 248 205 236 239 215 Number of Invoices Processed: 454 516 465 455 454 440
CDBG Loan Payments/Payoff 0 0 1 0 0 0
# Telephone Calls 2233 2347 2134 2137 1894 1888
Avg Daily 112 117 112 93 95 86
Daily Walk-in Customers
Utility 713 758 685 762 674 701
Bldg 58 66 57 53 52 60
Plan 40 35 23 25 32 33
Other 48 57 31 36 43 57
Total: 859 916 796 876 801 851
Average Daily Walk-in Customers 43 46 42 38 40 39
Monthly Bills 4602 4598 4600 4600 4595 4593
Reminder Notices 433 473 437 376 428 424
Shut Off Notices Mailed 270 262 280 200 226 284
Shut Offs 26 22 22 25 24 16
Ebills - Bills sent via email 398 401 408 412 413 412
Utility Bills paid online 1171 1224 1199 1238 1228 1218 % of Utility bills paid in person 15% 16% 15% 17% 15% 15% Public Works Calls Dispatched: 70 116 104 150 80 111
Avg Service Calls 105.2
Utility Billing Aging Report Total Bal Current 30 Days 60 Days 90 Days $ 612,235 $ 478,540 $ 74,813 $ 21,283 $ 37,599

78.2% 12.2% 3.5% 6.1%
78%
12%
4% 6%
Utility Accounts Aging
Current
30 Days
60 Days
90 Days
www.hdlcompanies.com | 888.861.0220
Q4 2021*
Q4 2022*
Legend
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
SALES TAX BY MAJOR BUSINESS GROUP *Allocation aberrations have been adjusted to reflect sales activity County
and State
Pools
Restaurants
and
Hotels
Fuel and
Service
Stations
Business
and
Industry
Food
and
Drugs
Building
and
Construction
Autos
and
Transportation
General
Consumer
Goods
CITY OF FORTUNA HIGHLIGHTS TOP 25 PRODUCERS
Published by HdL Companies in Spring 2023
Ace Hardware & Garden
Beverage Plus Foods
Cigarette Payless
Dollar General
Dollar Tree
Eel River Brewing
Forbusco Lumber
Fortuna Chevron
Fortuna Gas 4 Less
Grocery Outlet
Hummel Tire & Wheel
Les Schwab Tire Center
McDonalds
Mercer Fraser
O’Reilly Auto Parts
Peterson Tractor
Ray’s Quality Cars
Rite Aid
Safeway
Sunbelt Rentals
Tractor Supply
Valley Pacific Petroleum
Services
Village Sport & Cycle
Walgreens
Wyckoff Plumbing

SALES TAX UPDATE

CITY OF FORTUNA
4Q 2022 (OCTOBER - DECEMBER)
Fortuna’s receipts from October through
December were 8.9% below the fourth
sales period in 2021. Excluding reporting
aberrations, actual sales were down 8.2%.

The state-county pools which are the
City’s largest revenue group had negative
collections posting -10.3% returns which
were impacted by diminishing sales in fuelservice stations and autos-transportation categories. The business-industry group
continues to be adversely impacted due to
sluggish garden-agricultural supplies and
warehouse-farm-construction equipment
sales.

General consumer goods saw weak
collections which came from electronicappliance, sporting goods and second-hand stores. In addition, autos-transportation
saw shrinking returns from the automotive
supply stores and other businesses in this
category.

Interest in eating out has led to strong
revenues for the restaurant-hotels group
primarily from quick service restaurants.

Furthermore, the food-drug category
experienced soft collections from drug and
convenience stores.

Measure E, the voter approved transaction
tax receipts experienced similar negative
returns as the City’s Bradley-Burns salesuse tax revenues.

Net of aberrations, taxable sales for all of
Humboldt County declined 5.7% over the
comparable time period; the Far North
region was down 3.6%.

TOTAL:
-6.6%
$474,510
Measure E
TOTAL: $ 551,969
-8.2% -5.7% 4.7%

COUNTY STATE

FORTUNA
4Q2022

TOP NON-CONFIDENTIAL BUSINESS TYPES
Q4 '22
Fortuna
Business Type Change Change Change
County HdL State
Service Stations 56,425 -23.2% -13.1% 7.6%
Casual Dining 42,463 -1.3% -4.2% 8.1%
Quick-Service Restaurants 30,451 25.3% 32.0% 5.7%
Automotive Supply Stores 29,462 -8.8% -9.0% 2.7%
Contractors 21,831 7.3% -8.1% 11.8%
Convenience Stores/Liquor 15,320 -4.1% -13.3% 0.9%
Electronics/Appliance Stores 13,844 -19.1% -5.5% 10.8%
Auto Repair Shops 13,234 5.7% -10.2% 6.3%
Second-Hand Stores 2,154 -0.9% 2.0% -2.5%
Specialty Stores 242 -73.4% -10.3% 2.2%
*Allocation aberrations have been adjusted to reflect sales activity

REVENUE BY BUSINESS GROUP
Fortuna This Calendar Year*
19%
Pools
13%
Restaurants
10%
Autos/Trans.
13%
Building
11%
Bus./Ind.
8%
Cons.Goods
11%
Food/Drug
15%
Fuel
*ADJUSTED FOR

ECONOMIC DATA
4Q 2022 CITY OF FORTUNA SALES TAX UPDATE

STATEWIDE RESULTS
California’s local one cent sales and use
tax receipts for sales during the months
of October through December were 4.7%
higher than the same quarter one year ago
after adjusting for accounting anomalies.

A holiday shopping quarter, the most
consequential sales period of the year,
experienced solid results which lifted
revenue to local agencies across the State.

Overall, general consumer goods
growth was up a meager 1.8%, in large
part from merchants also selling gas
as prices remained elevated over last
year. Otherwise, many brick and mortar
retailers experienced mixed results as the
phenomenal prior year activity made for
an extremely difficult comparison. This was
especially true for jewelry stores receipts
which had soared tremendously after the
pandemic as consumers diversified readily
available cash into other assets.

Commuters and seasonal travelers were
again burdened with gas prices above $5
per gallon in most of the State, leaving fuelservice stations 10% higher than a year ago.

However, this trend did not distract from
spending at local restaurants and hotels.

Increased menu prices and return-to-office
workplaces enhanced gains, with the Bay
Area experiencing it’s greatest amount of
post-pandemic rebound.

Although inventory shortages negatively
impacted unit sales and leasing activity
throughout 2022, year-end returns by new
car dealers, especially high-end luxury and
electronic/hybrid brands, sustained autotransportation sector gains. In contrast, rising interest rates and higher gas prices
pulled trailer-RV revenues lower. Steady
housing demand and pend up construction
projects delayed by supply chain
interruptions have contractors contributing
the majority of growth within the buildingconstruction sector. With rising interest rates tempering selling activity, property
owners are still likely to maintain home
improvement spending.

Use taxes remitted via the countywide
pools rose a scant 0.3%. While national
ecommerce spending behaviors climbed
upward again, expansion of more in-state
fulfilment centers plus retailers using
existing locations to deliver goods tied to
online orders shifted taxes away from pools.

The offsetting effect was these dollars being
directed to local agency’s coffers where
the goods resided. This evolving trend is
anticipated to persistently weaken taxes
coming from the pools in the near term.

Looking back, calendar year 2022 exhibited
a 9.5% surge in tax receipts compared to
2021. Each of the eight major tax categories
all reported greater returns. Most influential
was inflation that drove up prices on
everything from normal daily purchases to
vehicles. Secondarily, all-time peak global
crude oil costs had fuel seller’s payments
skyrocketing.

Heading into 2023, additional interest rate
hikes along with consumer sentiment waning
about the economy foretells minimal change
coming from California’s taxable sales in the
months ahead.

Consent Item 4e

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Cameron Mull, Director of Parks & Recreation
THROUGH: Merritt Perry, City Manager
SUBJECT: Parks & Recreation Monthly Report for May 2023 STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Director’s Report
 The Rohner Park dual basketball courts project continued in May. Throughout the month, Mercer-Fraser paved the area, installed the sleeves for new backboards & posts, and completed the concrete picnic area with planters. A painted acrylic surfacing (with striping), fencing in the courts, and placing in the posts & backboards will be the final steps, with anticipated project completion in July.
 The May 3
rd Rohner Community Recreation and Park District meeting was cancelled due to not enough updated items to report on, however, a USDA pre-application for a possible loan to fund the construction of a future aquatic center was submitted by City staff in May.

If approved by the USDA, the RCRPD will move forward with a grant application with the USDA for the required loan amount needed to construct the aquatic center (minus funding from a local donor to contribute to the construction). This donor has also indicated an annual contribution to cover the debt-service of the loan over a 30-year period. Once these final amounts/ costs are determined, an engineer’s report will calculate the annual amount per parcel in the RCRPD boundary through a Benefit Assessment tax. Before a (mail-in) ballot is sent to those parcel owners as part of the Benefit Assessment, a large effort and public outreach will be undertaken to market the benefits of the facility to the community, in hopes of the parcel tax passing (requiring over 50% voting yes through returned ballots).

Parks & Facility Maintenance (non-routine items)
 An electrical conduit to Rohner Park lights was trenched and replaced after damage during the basketball court project
 Nine windows were replaced at the Depot Museum after the 5.4 earthquake  Irrigation lines were severed on the Fortuna Blvd. median at Smith Ln for a streets project to repair the road and curb after sinking from the 6.4 earthquake in Dec. ‘22 Consent Item 4e

 The gate in the pen behind the Pavilion was replaced due to another theft, vandalism  A replacement water pump was installed on the roller skate wheel-cleaning machine  A skylight in the covered picnic area in Rohner Park was found removed and damaged in Rohner Creek from vandalism. A plywood sheet was temporarily placed in that opening  Multiple exit light batteries were replaced at various facilities  Repairs were completed on two vandalized benches in the Rohner Park forest, with one needing a full replacement
 Repairs were completed to multiple vandalized redwood trail signs in the Rohner Park forest, in which most were temporarily removed to prevent further damage, loss  Set-up and break-down was completed for the Kids Bike Rodeo at Newburg Park on 5/12  Annual cleanup & prep work was completed at the Rohner Park Bocce Ball courts and picnic area for the season
 High lift worked was completed at Newburg Park to either adjust, repair, or replace ballfield light fixtures that were impacted by the Dec. ’22 6.4 earthquake. All lights are fully operational again.
 The irrigation systems for the Main St. flower beds were proof-checked and programmed for the season
 The local high school senior graduation signs were placed on the Fortuna Blvd. medians the week prior to graduation
 Type K fire extinguishers were installed at three cookshack locations, per the Fortuna Fire Dept.’s request
 A sinkhole in the pen behind the Firemen’s Pavilion was backfilled with gravel & cold mix  Weed pulling at the Chamber of Commerce, River Lodge, and 11th St. parking lot was completed
 A leaking toilet in the Firemen’s Pavilion was repaired  Graffiti on walls and fixtures in the men’s restroom at Newburg Park was cleaned & removed
 Two toilets at the Newburg Park women’s restroom were replaced with new units Depot Museum
The May visitation total at the Fortuna Depot Museum was 162 people. This is typical of recent (COVID era) years, but significantly lower than May visitation totals before the pandemic. Some of this difference can be explained by the decreased number of school tours visiting the museum.

Recent years’ May visitation totals were: 2022: 166, 2021: 115, 2020: closed, 2019: 303, 2018:
288, 2017: 310, 2016: 243, 2015: 258, 2014: 281, 2013: 396, 2012: 358. In May 2023 we welcomed California visitors from Arcata, Chico, Eureka, Ferndale, Fortuna, Miranda, Rio Dell, Sacramento, Susanville and Woodland. We also welcomed out-of-state visitors from Arizona, New York, Oregon and Virginia. The “100 Years Ago” exhibit was updated to include local newspapers from May 1923.

Fortuna Transit
Passengers on the Fortuna Transit Bus totaled 799 trips during the month of May 2023, which is 238 more riders then May 2022. The lift was used for non-wheelchair riders 59 times and 72 times for wheelchair trips. The Fortuna Transit had 15 new riders during the month of May. The Eureka Consent Item 4e

medical trips on Tuesdays have been going well averaging around 4-6 medical appointments per week.

Sports, Classes and Facility Rentals
Results Fit Camp continues holding classes in the Pavilion, Pickleball plays in the Pavilion on Monday, Wednesday and Fridays from 9am – 12pm the cost is $3.00 and is open to anyone 18 years of age or older. Rohner Rec Hall was rented eight times during the month of May and the cookshack was rented three times. We hosted many schools in the park the month of May. Fortuna High Baseball continued practices and games at Newburg Park, Girls Fastpitch started practices at Newburg Park and Little League started games and practices at Rohner and Newburg Parks.

Recreation Programs
The start of May was spent finalizing planning for the 2nd annual Bike Rodeo at Newburg Park, which took place on Saturday, May 13th and saw 34 participants and their families participate in the event. Geared toward youth ages 5-12, the event brought together community groups and cycling advocates for a youth & family focused event designed to teach fundamental bicycle safety & skills. Sponsors and local groups that supported the event included Humboldt County Department of Health & Human Services, Making Headway, Fortuna Volunteer Fire Department, Fortuna Library, Changing Tides, and Fortuna PD who sponsored a volunteer-run booth for free bike licensing. Stations included information on proper helmet and bike fitting, bike maintenance & safety checks (Sport & Cycle volunteer mechanic), important safety information and practices, an obstacle course, and a pedal-powered smoothie bike (supplied by DHHS). A number of community members came out to volunteer at the event, and combined with the volunteers that joined in from local organizations we totaled 68 volunteer hours for the event.

Planning for our ten-week summer camp programs ramped up through the month as well. Camps run from mid-June through mid-August, serving youth ages 4-12. Program infrastructure continues to be improved, and coordination began with third-party special guest visitors & field trips being planned for each camp, to go along with each week’s theme.

Drop-in volleyball continued through the month on Sunday evenings, with attendance ranging from 6-12 players per night.

Our playgroup for kids ages Newborn-Five and their caregivers, in partnership with First 5 Humboldt, also continued through May, every Thursday and Sunday from 10:30am – 12:30pm.

May 2022 May 2023 YTD ~ July 2021 – June
2022
YTD ~ July 2022 – June
2023
# of passengers 561 799 7713 7864
Total Miles 1782 2424 24885 23863
Service Miles 1667 2254 22710 22042
Hours Worked 237.25 306.5 3183.5 3034.75
Service Hours
Worked 188 263 2671 2702.5
Consent Item 4e

Attendance ranged from four-ten children at each session. Planning began on summer playgroup activities, including a collaboration with First 5 on a new kids hiking book released in early June that features Rohner Park forest trails. Summer playgroup meetings will include outdoor time and a special hike event to go with the new book on June 8th.

Pickleball plays in the Pavilion on Monday, Wednesday and Fridays from 9am – 12pm, and the cost is $3.00 and is open to anyone 18 years of age or older.

Roller Skating
The Fortuna Skating Rink was open for Friday, Saturday, and Sunday Public Skate through the month of May, with Memorial Day weekend being the last Friday skate night before moving into the summer schedule with only Saturday and Sunday night offered. The rink was also closed for Public Skate on Saturday May 27th for skate and facility maintenance & cleaning. Over the course of May, the skating rink hosted 16 private parties with 443 attendees, and in addition to the 597 skaters that attended public skate, hosted an overall total of 1,040 skaters over the course of the month. We also continued hosting a high school volunteer at the rink who completed 40 volunteer hours at the rink in May.

Community Service
The Parks & Recreation Department had two people signed up to perform Community Service, and workers completed five hours throughout the months of May. The Community Service Work Program is a big part of the parks’ success. The workers help with trash pickup and various basic maintenance projects in Rohner and Newburg Parks, the River Lodge, and other Parks-maintained spaces throughout the City. Since the program started in 1997, there have been 53,253.5 service hours completed in the throughout the City of Fortuna.

RECOMMENDED COUNCIL ACTION:

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

Consent Item 4f

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Police Department Monthly Report for May 2023
STAFF RECOMMENDATION:

Receive report as an informational item.

Patrol Statistics:

During the month of May 2023, the Fortuna Police handled 1,530 calls for service. 54 arrests were made including 16 felony arrests and 38 misdemeanor arrests. 60 citations were issued for traffic offenses or other miscellaneous violations. Crime statistics and information on calls for service are available at forpd.crimegraphics.com.

Staffing:
 Officer Nate Hamilton has taken a lateral transfer opportunity with the Redding Police Department.
 Public Safety Dispatcher Alisha Moore has resigned.
 The police department has recruited two experienced lateral police officer candidates who are nearing the final phase of the background investigation. Both candidates are expected to be on-boarded in the month of June.
 The police department’s current Kennel Assistant Karlee Humphrey has been interviewed and selected to be the next part-time Community Service Officer (CSO). Karlee is in the initial phase of her background investigation.
 The police department is preparing to fill the following vacancies: Public Safety Dispatcher & Kennel Attendant.
*Command Staff is currently considering a recommendation for the addition of a second lieutenants position to the organizational chart.

Status of Grant Awards/Applications:

USDA – Body Worn Camera: Submitted, awaiting approval and award.

COPS – Federal funding for a new police officer position: Submitted, awaiting approval and award.

Consent Item 4f

Community Engagement:

Through an ongoing collaboration with the Fortuna Kiwanis Club, the School Resource Officer participated in a multi-campus reading program throughout the month of May.

RECOMMENDED COUNCIL ACTION:

Receive Police Department Monthly Report. Consent agenda vote.

Consent Item 4g

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer SUBJECT: Public Works/Engineering Department Monthly Report STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Public Works Director/City Engineer
Police Facility Remodel Project
Over the past month, the contractor has spent the majority of the time framing the interior of the building, and completing the southern ‘half’ of the new building addition area. See the photo of the first concrete pour of the
addition inset right. To date, the
majority of the rough framing
has been completed, in addition
to the plumbing. In the coming
month, staff anticipate the
contractor will work on
completing the ‘north’ portion
of the building addition, and
complete new exterior wall
framing.

As stated in last month’s report,
the construction contingency
fund has been required due to a
number of unforeseen issues,
and over this past month that
trend has remained the same. To date approximately 25% of the initial contingency amount remains, or about $100,000. Staff do believe that the majority of the unknown issues have been addressed, however, there remain a number of items that will require use of contingency, including contractor work for the new PG&E and AT&T services, and the installation of solar panels. It is likely that some additional contingency funding may be necessary depending on the true costs of these items, or if other unforeseen circumstances arise.

Rohner Park Basketball Court Project
The contractor completed the grading and paving in mid-May. On June 13th, the subcontractor that will be completing the acrylic surfacing will be onsite to inspect the finished paving surface to Consent Item 4g

determine if it is suitable for finished striping and coating. The same subcontractor plans to mobilize to complete the coating work the week of the 4th of July. There will likely be some overlap between project work and Rodeo week, however, staff are working closely with the contractor to ensure that the site will be secure and disturbances/conflicts will be minimized to the extent possible. Prior to the coating contractor, Humboldt Fence will be onsite to install most of the site fencing, and City crews will work to fill the planters with soil. The project is anticipated to be fully completed by July 14th.

Corp Yard Roofing Project
The roof at the corp. yard is near completion, and all aspects of the project are anticipated to be complete before the end of the fiscal year. During the project, only minimal unforeseen building damage was found, all of which was fixed by the contractor onsite. Overall, the project is anticipated to be completed under-budget.

Water Tank Coating Project
The City’s contractor began work on May 22nd at the Hillside tank site. So far, the work at that site is ahead of schedule, and staff anticipate the contractor will be moving to the Campton tank site in the last week of June. To date no construction contingency has been required.

Utilities Division- Utility Lead
Service Call Summary
 In the month of May the utilities division completed 111 service calls by operators. Figure 1 below shows the distribution of service calls by type.  Underground Service Alert (USA) has changed their format and the utilities crew can no longer track how many mark and locates have been completed. There were zero missmarked line, resulting in zero broken utilities.

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

Water Distribution System
 Read water meters and completed meter worksheet.
 The utilities team installed two new services to the system in the month of May. 0 5
10 15
20 25
30 35
40 Connect Disconnect Occupant Change Service Action
Number of Calls
Service Call Type
Consent Item 4g

 In the month of May, the utilities team changed out 18 dead water meters.  Continued to check service lines for lead.
 In May, there was three water leaks. As result of this, there was an estimated water loss of 42,120 gallons. The three leak locations were 221 Newell Drive, 379 Garland, and 824 P Street.
 Replaced one broken angle valve on Boon Street.
 Completed replacing a 6” pressure reducing valve near the intersection of David Way and Rohnerville Road.
 Began rebuilding and testing water meters again until new meters are delivered. New water meter continue to be in short supply
 Respirator fit testing for cutting asbestos cement pipe.

Table 1. Water leak rate and water loss estimates for 2023.

Wastewater Collections System
 Utilities cleaned 16,000 feet of sewer main.
 Utilities had two sewer plugs in May with no spills.
 Sewer line inspection with a push camera, found break in line to be repaired.

Miscellaneous Tasks
 The utilities division performed monthly maintenance on the division’s heavy equipment, including greasing and checking all fluids.

Water Treatment/Wastewater Division- Chief Plant Operator Wastewater Treatment
Table 2. May wastewater plant effluent flows for the past five years in Million Gallons (MG) and Million Gallons per Day (MGD).

Date Location Pipe
Information
Estimated
Leak Rate
(Gallons per
Minute)
Leak
Duration
Total
Estimate
Leak
Volume
(Gallons)
5/8/2023 824 P Street ¾’’ Plastic 0.25 1 Day 360
5/30/2023 375 Garland ¾’’ Copper 3 3 Days 12,960
5/31/2023 221 Newell Drive 1’’ Saddle 5 4 Days 28,800
Consent Item 4g

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

Wastewater Events & Maintenance Tasks Completed:
 Contractors completed annual
rehabilitation work on the percolation
ponds. Staff switched effluent
discharge from Strongs Creek to the
ponds well before the May 15
deadline, as regulated by the State
Water Resources Control Board.
 A Fortuna High School class toured
the plant. About 30 students and their
instructor learned how the City treats
its wastewater and how it is recycled
for crucial resources. (See photo inset
right).
 Staff began work on re-installing new shafts, sprockets, and other equipment in the grit channel. Staff removed this equipment a year ago due to a failure. Supply chain issues, long lead times, parts-preparation, and waiting for flows to subside prolonged this project until now.

Water Treatment
Table 3. May potable water production for the past five years in Million Gallons (MG). 0 5
10 15
20 25
30 35
40 45
0 0.5
1 1.5
2 2.5
2019 2020 2021 2022 2023
Total Flow, MG
Flow, MGD
Total Monthly Flow, MG MAX Daily Flow, MGD AVG Daily Flow, MGD Year 2019 2020 2021 2022 2023
Total Monthly Flow, MG 38.329 34.517 28.730 34.410 29.980 Maximum Daily Flow, MGD 2.279 1.774 1.100 1.990 1.260
Average Monthly Flow, MGD 1.236 1.113 0.927 1.110 0.967 Year 2019 2020 2021 2022 2023
Total Production, MG 37.19 37.642 39.004 30.259 29.234
Maximum Daily, MG 1.978 1.515 1.652 1.767 1.465
Consent Item 4g

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

Table 4. Average May depth-to-groundwater static levels in the City’s active wells for the past five years in feet.

Water Events & Maintenance Tasks Completed:
 PG&E granted the Tesla battery-pack installation permission-to-operate at the water wells site. This unit will save electricity during times of peak energy demand, and thus save the City utility costs.
 Colburn Electric completed construction and installation on the emergency generator at the Drake Hill booster pump station. The last step before automatic activation of the generator is for Tesco Controls to re-program the radio telemetry unit. This should occur sometime in the next month or so.
 Sub One Diving completed tank cleaning and inspection of the City’s 2 million gallon, concrete Stewart Tank. The American Water Works Association recommends this task every 5-7 years. The tank was in excellent working condition and staff do not anticipate cleaning and inspection of this facility for another 5-7 years. 0 0.5
1 1.5
2 2.5
0 10
20 30
40 50
2019 2020 2021 2022 2023
Flow, MGD
Production, MG
Production Max Daily Avg Daily
Average Daily, MG 1.200 1.214 1.258 0.976 0.943
Year 2019 2020 2021 2022 2023
Well #1 24.3 28.2 28.3 27.3 25.2
Well #2 21.5 25.2 26.4 22.9 22.3
Well #4 27.0 30.7 31.2 29.2 27.8
Well #5 28.6 32.6 33.4 31.5 29.2
Consent Item 4g

 Wendt Construction assisted staff in reinstalling the rehabilitated, 125 HP motor for booster pump #2 at the water wells
site. Industrial Electric repaired this
motor after its fault a few months ago.

Bringing this pump online adds crucial
redundancy for water production. (See
photo inset right).
 Logging contractors completed log
removal and chip grinding at the City’s
Vancil Reservoir. City staff will utilize
the piled wood chips for future compost
operations at the wastewater treatment
plant.
 City staff completed work at Hillside
tank: site-grading; connecting,
disinfecting and activating three 10,000-
gallon temporary storage tanks. Staff drained the 250,000-gallon steel tank just in time for the arrival of the coating contractors’ mid-month. The contractors started sandblasting the interior of the tank towards the end of the month. Plans are to have both the interior and exterior sandblasted and re-coated by mid-to-late June.  City staff began preparation-work at Campton Heights tank. Staff will need to plumb in eight, 10,000-gallon temporary storage tanks to use while contractors sandblast and re-coat the interior and exterior of the one million gallon, steel tank. This work will occur in July.

General Services and Streets - General Services Superintendent The following is a list of scheduled assignments completed by the General Services staff in May:
 Staff potholed for utilities on 12th Street for the storm drain culvert project.
 Staff replaced rotten deck, seat, and seat back boards at the grandstands for the coming event season. Staff
repaired fences and installed the chutes in the arena.

Staff worked up the arena for equine and rider use in
Rohner Park. The Tom McWhorter Arena memorial
sign was relocated to the new gate at the arena.
 Staff planted additional vegetation in the first phase of the Rohner Creek project. Staff removed unwanted
vegetation along Rohner Creek.
 Staff installed new conduit and wiring for the parking lot lights in Rohner Park.

Consent Item 4g

 Staff repaired a water leak in the main Police station.  Staff removed rubble and hauled off to make space for the annual pond maintenance task.  Staff placed traffic control lane closures on
the North and South bound of Fortuna
Boulevard for the concrete curb
replacement on the medians for GRS Inc.
 Staff replaced the rapid flash beacon
pedestrian sign that was hit by a vehicle.

Staff repaired the pedestrian button at Main
and Twelfth Street that was hit by a large
vehicle.
 Staff handed out paving notices and placed
no parking signage cones on Smith Lane. Mercer Fraser milled the failing asphalt concrete and resurfaced Smith Lane and Fortuna Boulevard at Hillside Creek crossing (See photo inset top right).
 Staff regraded the alley in between Seventh and Eighth Street.  Staff painted red curbs downtown and on Kenwood/Kenmar area.  Staff continues to mow and weed eat in various locations.  Staff moved city vehicles, personal vehicles, and equipment to accommodate the contractor that is replacing the roof at the Corp Yard building (See photo inset bottom right).

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

RECOMMENDED COUNCIL ACTION:

Receive Public Works Department Monthly Report. Consent agenda vote.

Consent Item 4h

STAFF REPORT
City Council Consent Item
DATE: June 12, 2023
TO: Honorable Mayor and Council Members
FROM: Jennifer Lourenzo, Conference Center Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: River Lodge Conference Center and Fortuna Monday Club Monthly Report for June 2023
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The River Lodge and Monday Club held a total of 27 events in the month of May.

At the beginning of the month, Fortuna Chamber of Commerce held their annual dinner at River Lodge. “Under the Big Top” was the theme. The table decorations were incredible. Guests really seemed to enjoy themselves.

The Tang Soo Do Region 1, hosted a dinner following a Martial Arts competition. This event brought in many people from out of town to our friendly city.

CalFire returned for a two-day training and the Fortuna Police Department held their department meeting.

The Annual Dairy Princess Pageant was held this month. There were two candidates. Attendance was down a bit, but otherwise the event was a success.

A large retirement dinner was held for the Redway Volunteer Fire Department Chief. The group stayed well into the evening and enjoyed a bonfire on the patio.

After three years, Rural Community Assistance Corporation, (RCAC) was back at River Lodge and held three separate trainings for Water Operators.

Seven window panes were replaced in the Fireside exterior door. The double paned windows had failed, and the panes had become foggy.

A faucet had to be replaced in the kitchen at River Lodge. A small piece inside the hot water knob broke and could not be fixed.

With the arrival of Spring, staff have been keeping up on the weeding and outdoor beautification of River Lodge.

Consent Item 4h

RECOMMENDED COUNCIL ACTION:

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

River Lodge
Monday Club
May-23
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1-May 2-May 3-May 4-May 5-May 6-May
Ftna Chamber Dinner Tang Soo DO Dinner
Memorial
7-May 8-May 9-May 10-May 11-May 12-May 13-May
Memorial ERV-FS 5:30-7:30 Civics-FS CalFire CalFire Dairy Princess Retirement Dinner Garden Club Rotary Scholar Dinner Birthday Party Concert Series 14-May 15-May 16-May 17-May 18-May 19-May 20-May
St Joes Lunch Morgan Dotson FPD Dept Mtg Celebration of Life Memorial Memorial
21-May 22-May 23-May 24-May 25-May 26-May 27-May
RCAC RCAC RCAC Grad Party FS Kitchen Use
Memorial FUHS Dwntwn Merch7-9AM Grad Party-All Day Baby Shower-All Day 28-May 29-May 30-May 31-May 1-Jun 2-Jun 3-Jun
Grad Party Redwood Prep Grad EKA High Prom
Senior Jam 12-4PM Friends/ Library2-4PM
Consent Item 4i

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for June 8, 2023 & June 12, 2023 STAFF RECOMMENDATION:

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

REPORT OF DISBURSEMENTS:

Disbursement was processed as follows:

June 8, 2023 $221,734.89
June 12, 2023 $276,622.89
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for June 8, 2023
 Disbursements Detail Report for June 12, 2023
Amount
76576 06/08/2023 GRAINGER 9720661959 Supplies - WWTP 111.55 6/8/2023 7:21:45 AM Page 1 of 7
76575 06/08/2023 GR SUNDBERG INC 5476 Annual Concrete Contract 19585 76576 06/08/2023 GRAINGER 9718068308 Supplies - WWTP 87.42 76576 06/08/2023 GRAINGER 9720657510 Supplies - WWTP 950.8 76575 06/08/2023 GR SUNDBERG INC 5474 Annual Concrete Contract 9520 76575 06/08/2023 GR SUNDBERG INC 5474 Annual Concrete Contract 4250 76575 06/08/2023 GR SUNDBERG INC 5475 Annual Concrete Contract 26165 76574 06/08/2023 GHD INC 380-0032940 US 101/12th Street Interchange PA & ED 11336.17 76574 06/08/2023 GHD INC 380-0033161 12th Street Stormwater Enhancement Project888.75 76574 06/08/2023 GHD INC 380-0033161 12th Street Stormwater Enhancement Project 2666.25 76573 06/08/2023 FRASCO PROFILES 2023050151 Pre-employment Background Service 141.53 76573 06/08/2023 FRASCO PROFILES 2023050151 Pre-employment Background Service 141.53 76574 06/08/2023 GHD INC 380-0032817 Sewer Master Plan 13011.5 76572 06/08/2023 FORTUNA ACE HARDWARE 360611 Supplies - Parks 17.21 76572 06/08/2023 FORTUNA ACE HARDWARE 360685 Supplies - General Services 39.7 76572 06/08/2023 FORTUNA ACE HARDWARE 360807 Kennel Supplies 13.01 76572 06/08/2023 FORTUNA ACE HARDWARE 360551 Supplies - Utilities 17.35 76572 06/08/2023 FORTUNA ACE HARDWARE 360611 Supplies - Parks 8.23 76572 06/08/2023 FORTUNA ACE HARDWARE 360611 Supplies - Parks 23.49 76570 06/08/2023 FENNELL, PETER 060623 River Lodge Deposit Refund Less Rental Fee 200 76570 06/08/2023 FENNELL, PETER 060623 River Lodge Deposit Refund Less Rental Fee -185 76571 06/08/2023 FERGUSON WATERWORKS #3011 1200243 Meter Read Software Support 2859.03 76569 06/08/2023 EUREKA OXYGEN CO DM00845505 Monthly Cylinder Rental - Public Works FY 22/23 32.75 76569 06/08/2023 EUREKA OXYGEN CO DM00845505 Monthly Cylinder Rental - Public Works FY 22/23 32.75 76569 06/08/2023 EUREKA OXYGEN CO DM00845505 Monthly Cylinder Rental - Public Works FY 22/23 32.75 76568 06/08/2023 EUREKA OVERHEAD DOOR 18189 Building Maintenance - General Services 182.1 76569 06/08/2023 EUREKA OXYGEN CO A682242 Supplies - WWTP 131.5 76569 06/08/2023 EUREKA OXYGEN CO DM00845505 Monthly Cylinder Rental - Public Works FY 22/23 32.75 76566 06/08/2023 DUNNIGAN PSYCHOLOGICAL & THREAT ASSESS 1017 Pre-employment Psych Eval 600 76566 06/08/2023 DUNNIGAN PSYCHOLOGICAL & THREAT ASSESS 1032 Pre-employment Psych Eval 600 76567 06/08/2023 ENVIRONMENTAL RESOURCE ASSOC 43210 Lab Supplies 248.06 76564 06/08/2023 DARIN THOMSEN CONSTRUCTION 2023-042 Corp Yard Roof Project -1588.5 76564 06/08/2023 DARIN THOMSEN CONSTRUCTION 2023-042 Corp Yard Roof Project 31770 76565 06/08/2023 DINSMORE, KENDRA 060123 Park Deposit Refund 250 76563 06/08/2023 CWEA 052623 Annual Membership - C Christianson 101 76564 06/08/2023 DARIN THOMSEN CONSTRUCTION 2023-042 Corp Yard Roof Project -1588.5 76564 06/08/2023 DARIN THOMSEN CONSTRUCTION 2023-042 Corp Yard Roof Project 31770 76561 06/08/2023 CRYSTAL SPRINGS BOTTLED W JUNE23PW Water Cooler Rental - Public Works FY 22/23 5 76562 06/08/2023 CULBERT, AMBER 060523 Monday Club Deposit Refund 250 76563 06/08/2023 CWEA 052623 Annual Membership - C Christianson 101 76559 06/08/2023 CCAC 300001945 Membership Dues - S Emmons 250 76560 06/08/2023 CLARK, SHARI 060523 Monday Club Deposit Refund 250 76561 06/08/2023 CRYSTAL SPRINGS BOTTLED W JUNE23PW Water Cooler Rental - Public Works FY 22/23 5 76557 06/08/2023 BODYWORKS 060123 June Gym Memberships 60 76558 06/08/2023 CALIF POLICE CHIEFS ASSOC 1476 Annual Dues - Chief 365 76559 06/08/2023 CCAC 200002229 Training - S Emmons 75
76557 06/08/2023 BODYWORKS 060123 June Gym Memberships 140 76557 06/08/2023 BODYWORKS 060123 June Gym Memberships 80 76557 06/08/2023 BODYWORKS 060123 June Gym Memberships 20 76554 06/08/2023 ASAP LOCK & KEY 63212 Key Copies - Parks 77.58 76555 06/08/2023 BENNETT, BRIAN 053123 Planning Commission 5.9.23 30 76556 06/08/2023 BLAKELY, SANDY 053123 Planning Commission 5.9.23 30 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 6/8/2023 - 6/8/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) 76553 06/08/2023 ADVANCED SECURITY SYSTEM 649261 Security Service - Lab FY 22/23 1402.86 76553 06/08/2023 ADVANCED SECURITY SYSTEM 649317 Security Service - Wells Building FY 22/23 136.5 Amount
76602 06/08/2023 O'REILLY AUTOMOTIVE STORE 177005 Credit Core Return -22 76602 06/08/2023 O'REILLY AUTOMOTIVE STORE 177005 Credit Core Return -22 6/8/2023 7:21:45 AM Page 2 of 7
76601 06/08/2023 OPTIMUM JUNE23RL Internet Service - River Lodge FY 22/23 139.45 76602 06/08/2023 O'REILLY AUTOMOTIVE STORE 176948 Vehicle Repair - Utilities/PD 313.28 76602 06/08/2023 O'REILLY AUTOMOTIVE STORE 176948 Vehicle Repair - Utilities/PD 169.77 76601 06/08/2023 OPTIMUM JUNE23CH Internet Service - CH/PD/PW FY 22/23 58.36 76601 06/08/2023 OPTIMUM JUNE23CH Internet Service - CH/PD/PW FY 22/23 58.36 76601 06/08/2023 OPTIMUM JUNE23PO Internet Service - Parks/Rodeo Grounds FY 22/2336.7 76600 06/08/2023 NYLEX.NET 13758 Monitor - Engineering 309.79 76601 06/08/2023 OPTIMUM JUNE23CH Internet Service - CH/PD/PW FY 22/23 58.37 76601 06/08/2023 OPTIMUM JUNE23CH Internet Service - CH/PD/PW FY 22/23 58.36 76599 06/08/2023 NORTH COAST JOURNAL 2023113683 Public Notice - Resolution 108 76599 06/08/2023 NORTH COAST JOURNAL 2023113702 Public Hearing - Resolution 378 76600 06/08/2023 NYLEX.NET 13721 Tech Support - River Lodge 225.46 76599 06/08/2023 NORTH COAST JOURNAL 2023113358 Comm Dev Director Recruitment Advertising 73 76599 06/08/2023 NORTH COAST JOURNAL 2023113674 Public Notice - Ordinance 108 76599 06/08/2023 NORTH COAST JOURNAL 2023113675 Public Notice - Budget 108 76598 06/08/2023 NORMAN'S DRY CLEANERS 77671 River Lodge Linen Service 257.35 76598 06/08/2023 NORMAN'S DRY CLEANERS 77671 River Lodge Linen Service 44.9 76599 06/08/2023 NORTH COAST JOURNAL 2023113358 Comm Dev Director Recruitment Advertising 73 76597 06/08/2023 NCL OF WISCONSIN INC 487581 Lab Supplies -125.03 76597 06/08/2023 NCL OF WISCONSIN INC 487581 Lab Supplies 1649.9 76598 06/08/2023 NORMAN'S DRY CLEANERS 77576 River Lodge Linen Services 33.55 76594 06/08/2023 MOBLEY, KRIS 053123 Planning Commission 5.9.23 30 76595 06/08/2023 MULLEN, JEREME 051923 Per Diem 6.22 - 6.23 (Taser Inst Course) 90 76596 06/08/2023 MUNICIPAL MAINTENANCE EQU 9002 Equipment Maintenance - WWTP 218.29 76593 06/08/2023 MISSION LINEN INDUS SERV 519382648 River Lodge Linen Service 5.68 76593 06/08/2023 MISSION LINEN INDUS SERV 519399618 Janitorial Supplies - Parks 509.95 76593 06/08/2023 MISSION LINEN INDUS SERV 519426369 River Lodge Linen Service 5.68 76593 06/08/2023 MISSION LINEN INDUS SERV 519353672 Corp Yard Linen Service 79.1 76593 06/08/2023 MISSION LINEN INDUS SERV 519353673 Wastewater Linen Service 94.07 76593 06/08/2023 MISSION LINEN INDUS SERV 519371064 PD Mat Cleaning Service FY 22/23 39.58 76591 06/08/2023 LACO ASSOCIATES 51654 Police Facility Remodel Project 1500 76592 06/08/2023 MIRANDA'S RESCUE 060123 Animal Care Services FY 22/23 500 76593 06/08/2023 MISSION LINEN INDUS SERV 519353672 Corp Yard Linen Service 94.94 76588 06/08/2023 JOHNSON, MIKE 060223 Per Diem/Mileage - LOCC Div Meeting 248.43 76589 06/08/2023 KADLE, JASON 051923 Per Diem 6.12 - 6.13 (Next Gen 911) 62 76590 06/08/2023 KEIN, MICHAEL 053123 Planning Commission 5.9.23 30 76585 06/08/2023 IDEXX DISTRIBUTION, INC 3129208578 Lab Supplies 617.42 76586 06/08/2023 JENNI'S CAR WASH 251544 Car Wash Tokens - PD 80 76587 06/08/2023 JOE'S AUTO GLASS 55521 Winshield Repair - CM 592.49 76584 06/08/2023 HUMBOLDT VETERINARY MEDICAL GRP1129805 Vet Services 18.03 76584 06/08/2023 HUMBOLDT VETERINARY MEDICAL GRP1130043 Vet Services 167.5 76584 06/08/2023 HUMBOLDT VETERINARY MEDICAL GRP1130244 Vet Services 209 76583 06/08/2023 HUMBOLDT PETROLEUM 108864 Car Wash Services - PD 56 76584 06/08/2023 HUMBOLDT VETERINARY MEDICAL GRP1129434 Vet Services 12 76584 06/08/2023 HUMBOLDT VETERINARY MEDICAL GRP1129629 Vet Services 75 76580 06/08/2023 HEARD, WENDY 060523 River Lodge Deposit Refund 200 76581 06/08/2023 HELIX LABORATORIES INC 90914 Chemicals 6245.53 76582 06/08/2023 HUMBOLDT COUNTY RECORDER 060523 CEQA NOE For Newburg Park 50 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 47 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 47 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 23.5 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 23.5 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 47 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 23.5 76578 06/08/2023 HALLEY, STEPHANIE 053123 Planning Commission 5.9.23 30 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 23.5 76579 06/08/2023 HEALTHSPORT 060123 June Gym Memberships 23.5 Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 76577 06/08/2023 GROCERY OUTLET 053023 Kennel Supplies 9.4 Amount
76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 113.67 6/8/2023 7:21:45 AM Page 3 of 7
76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 1593.36 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 45.31 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 45.56 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 23.98 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 23.99 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 134.99 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 20 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 222.46 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 4027.43 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 20 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 60 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 60 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 695.57 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 10 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 10 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 444.45 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 12.99 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 909.35 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 1488.94 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 634.29 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 153.38 76618 06/08/2023 TRENT, TAMI 060123 Per Diem/Mileage 5.12 - 5.13 (LOCC Meeting) 248.43 76618 06/08/2023 TRENT, TAMI 60123 Mileage 4.6/4.13/4.25 (Measure Z Meetings) 78.6 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 375.28 76615 06/08/2023 STAPLES BUSINESS CREDIT 7610733818 Supplies - PD 56.07 76616 06/08/2023 SWRCB 053123 Grade 3 WWTPO Cert App - M Rogers 170 76617 06/08/2023 TRACTOR SUPPLY CREDIT PLA 500772 Kennel Supplies 31.45 76615 06/08/2023 STAPLES BUSINESS CREDIT 7610547818 Supplies - PD/Finance 37.73 76615 06/08/2023 STAPLES BUSINESS CREDIT 7610547818 Supplies - PD/Finance 54.43 76615 06/08/2023 STAPLES BUSINESS CREDIT 7610549445 Supplies - Finance 234.78 76613 06/08/2023 SHN CONSULTING ENG & GEOL 117325 Project Professional Services 1793.75 76614 06/08/2023 SSGFLW LLC 21840 AP Check Stock 208.85 76615 06/08/2023 STAPLES BUSINESS CREDIT 7376663141 Supplies - Engineering 68.13 76610 06/08/2023 RON DUPRATT FORD 404257 Vehicle Repair - PD 184.07 76611 06/08/2023 SEITZ, MARK 053123 Planning Commission 5.9.23 30 76612 06/08/2023 SHERLOCK RECORDS MANAGEMENT 3907 Finance Record Storage FY 22/23 50 76609 06/08/2023 RODRIGUENZ, FRANCISCA 060123 Park Deposit Refund - Less 1 Hour Extra -30 76610 06/08/2023 RON DUPRATT FORD 403449x1 Vehicle Repair - PD 66.69 76610 06/08/2023 RON DUPRATT FORD 404050 Vehicle Repair - PD 49.97 76607 06/08/2023 PHINNEY, JOSHUA 051923 Per Diem 6.12 - 6.14 (SLI Session 2) 273 76608 06/08/2023 PPG ARCHITECTURAL FINISHE 800902128068 Paint - City Hall 160.07 76609 06/08/2023 RODRIGUENZ, FRANCISCA 060123 Park Deposit Refund - Less 1 Hour Extra 250 76605 06/08/2023 PEOPLEFACTS LLC 2023050191 Pre-employment Credit Check 26.32 76606 06/08/2023 PETERSON D0457701 Mini Excavator Hammer - Utilties 4018.2 76606 06/08/2023 PETERSON D0457701 Mini Excavator Hammer - Utilties 4018.21 76604 06/08/2023 PAPE MACHINERY 14454861 Equipment Maintenance - Utilities 1.23 76604 06/08/2023 PAPE MACHINERY 14454872 Equipment Maintenance - Utilities 27.7 76604 06/08/2023 PAPE MACHINERY 14454986 Equipment Maintenance - Utilities 12.16 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05235284 40654195284 115.9 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05238481 42737528481 12.56 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05238568 41487528568 173.45 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05234197 34609744197 135.58 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05234490 91564484490 33.44 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05234560 74193064560 17.02 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05231921 41070861921 129.26 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05232987 61444662987 8.65 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05233322 79545763322 99.64 Payment Number Payment Date Vendor Name Payable Number Description (Item) 76602 06/08/2023 O'REILLY AUTOMOTIVE STORE 177756 Vehicle Repair - PD 5.87 76603 06/08/2023 PACIFIC GAS & ELECTRIC CO 05230527 59188610527 188.26 Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Amount
76625 06/08/2023 WYCKOFF'S 84979 Newburg Maintenance 19.81 Grand Total: 221734.89
6/8/2023 7:21:45 AM Page 4 of 7
76625 06/08/2023 WYCKOFF'S 83151 Equipment Maintenance - WWTP 33.72 76625 06/08/2023 WYCKOFF'S 84036 Newburg Maint/Supplies - Parks 17.27 76625 06/08/2023 WYCKOFF'S 84036 Newburg Maint/Supplies - Parks 40.6 76625 06/08/2023 WYCKOFF'S 83063 Bldg Maintenance - PD 16.26 76625 06/08/2023 WYCKOFF'S 83132 Tools - WWTP 207.97
76625 06/08/2023 WYCKOFF'S 83134 Bldg Maintenance - PD 21.9 76625 06/08/2023 WYCKOFF'S 81685 Supplies - WWTP 68.65
76625 06/08/2023 WYCKOFF'S 81747 Bldg Maintenance - River Lodge 277.33 76625 06/08/2023 WYCKOFF'S 82848 Supplies - WWTP 92.91
76624 06/08/2023 WHITE, PAIGE 051923 Per Diem 6.12 - 6.13 (Next Gen 911) 62 76625 06/08/2023 WYCKOFF'S 81005 Supplies - Parks 16.23 76625 06/08/2023 WYCKOFF'S 81176 Bldg Maintenance - Shop 60.71 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 1404.93 76622 06/08/2023 VERIZON WIRELESS 9935827242 Monthly SCADA Messaging Service - WWTP FY 22/23 5.56 76623 06/08/2023 WELLS, CHERYL 060123 Park Deposit Refund - Cancelled Due to Conflict250 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 295.14 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 3793.09 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 1705.18 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 180.57 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 213.23 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 903.17 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 61.22 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 3028.14 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 961.35 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 105.26 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 6284.81 76621 06/08/2023 VALLEY PACIFIC PETROLEUM SERVICES, INC CL 23-633148 Fuel 268.86 76620 06/08/2023 US BANK EQUIPMENT FINANCE 502489446 Copier Lease FY 22/23 171.68 76620 06/08/2023 US BANK EQUIPMENT FINANCE 502489446 Copier Lease FY 22/23 66.93 76620 06/08/2023 US BANK EQUIPMENT FINANCE 502489446 Copier Lease FY 22/23 52.38 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 847.39 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 942.84 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 3.25 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 26.58 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 31.98 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 198.54 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 60 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 236.41 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 20 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses -601.74 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 282.1 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 14 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 188.23 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 328.17 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 10 Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 76619 06/08/2023 U.S. BANK 052223 May Cal Card Expenses 141.86 100-5740-2000 Building Repair and Maintenance 38.16
6/8/2023 7:21:45 AM Page 5 of 7
100-5705-1500 Equipment Maintenance 171.68
100-5705-2000 Equipment Maintenance 66.93
100-5705-5450 Equipment Maintenance 52.38
100-5715-1500 Vehicle Repairs 592.49
100-5715-2000 Vehicle Repairs 733.88
100-5740-1500 Building Repair and Maintenance 160.07
100-5505-2800 Vehicle Fuel & Oil 268.86
100-5505-4000 Vehicle Fuel & Oil 61.22
100-5505-4100 Vehicle Fuel & Oil 3028.14
100-5505-5450 Vehicle Fuel & Oil 961.35
100-5515-2000 Ammunition & Range Supplies 12.99
100-5565-5450 Janitorial Supplies 1427.53
100-5500-4000 Department Supplies 382.92
100-5500-4100 Department Supplies 167.39
100-5500-5400 Department Supplies 153.38
100-5500-5450 Department Supplies 555.53
100-5505-1100 Vehicle Fuel & Oil 105.26
100-5505-2000 Vehicle Fuel & Oil 6284.81
100-5265-5400 Miscellaneous Benefits 127
100-5500-1200 Department Supplies 272.51
100-5500-1500 Department Supplies 375.28
100-5500-2000 Department Supplies 1599.44
100-5500-2800 Department Supplies 53.86
100-5500-3200 Department Supplies 634.29
100-5265-1100 Miscellaneous Benefits 23.5
100-5265-1150 Miscellaneous Benefits 23.5
100-5265-1200 Miscellaneous Benefits 23.5
100-5265-2000 Miscellaneous Benefits 187
100-5265-4000 Miscellaneous Benefits 23.5
100-5265-4100 Miscellaneous Benefits 47
Account Summary
Account Number Account Name Payment Amount
100-1680 Distributed Office Supplies 208.85
100-1683 Distributed Utilities 169.02
100-2220 Refundable Park Deposits 750
100-2460 Sales Tax Payable -125.03
100-4300 Park Use Fees -30
275 - RSTP Fund 50000
280 - Gas Tax Fund 335.14
351 - FEMA Fund 2666.25
500 - Water Fund 12759.07
510 - Water Capital Fund 30274.41
550 - Wastewater Fund 18931.94
560 - Wastewater Capital Fund 43193
590 - TDA Transit Fund 1404.93
Grand Total: 221734.89
100 - General Fund 36027.06
101 - Transaction and Use Tax Fund 1069.32
105 - Donations Fund 296.1
120 - Development & Building Fund 369.73
160 - Riverlodge Fund 2270.6
189 - Measure Z Fund 903.17
250 - FBID Fund 378
260 - TDA Non-Transit Fund 9520
270 - STIP/TEA Fund 11336.17
Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Report Summary
Fund Summary
Fund Payment Amount
160-6035-5800 Personnel Services 141.53
160-6210-5800 Internet Service 139.45
6/8/2023 7:21:45 AM Page 6 of 7
160-4330 River Lodge Rental Fees -185
160-5500-5800 Department Supplies 236.41
160-5547-5800 User Group Linen 257.35
160-5565-5800 Janitorial Supplies 89.81
160-5740-5800 Building Repair and Maintenance 277.33
160-5775-5800 Network Support 225.46
105-7000-2850 Travel, Conferences & Training 14
120-5265-3000 Miscellaneous Benefits 23.5
120-5505-3000 Vehicle Fuel & Oil 213.23
120-6035-3000 Personnel Services 133
160-2221 Monday Club Deposits 500
160-2222 River Lodge Deposits 400
100-7612-2000 Contingency 328.17
100-7616-1000 Televised Meetings 10
100-8000-3200 Capital Outlay -601.74
101-5505-2000 Vehicle Fuel & Oil 180.57
101-6005-9100 Engineering Services 888.75
105-5500-5450 Department Supplies 282.1
100-7222-5400 Kiddie Kamp Program 113.67
100-7400-2800 Miranda's Rescue 888.5
100-7455-2800 Veterinary Expenses 93.03
100-7600-3200 Planning Commission 180
100-7612-1000 Contingency 141.86
100-7612-1100 Contingency 188.23
100-7015-1100 Dues & Subscriptions 23.98
100-7015-1150 Dues & Subscriptions 273.99
100-7015-2000 Dues & Subscriptions 499.99
100-7215-5450 Adult Sports 1593.36
100-7220-5400 Summer Fun 45.31
100-7221-5400 School Recreation Program 45.56
100-6505-5450 Utility - General & Electric 186.01
100-6505-5500 Utility - General & Electric 17.02
100-6505-5600 Utility - General & Electric 115.9
100-7000-1000 Travel, Conferences & Training 797.92
100-7000-1150 Travel, Conferences & Training 75
100-7000-2000 Travel, Conferences & Training 4514.43
100-6210-1500 Internet Service 58.37
100-6210-2000 Internet Service 58.36
100-6210-5450 Internet Service 236.37
100-6305-1400 Publication Expense 324
100-6505-4000 Utility - General & Electric 8.65
100-6505-5400 Utility - General & Electric 129.26
100-6035-1100 Personnel Services 10
100-6035-1150 Personnel Services 10
100-6035-1200 Personnel Services 161.53
100-6035-2000 Personnel Services 1260
100-6035-3200 Personnel Services 133
100-6035-5400 Personnel Services 20
100-5742-5450 Median Maintenance 23.49
100-5745-5450 Vandalism Repair 17.21
100-6025-1200 Professional Services 50
100-6025-2000 Professional Services 65.9
100-6025-3200 Professional Services 1793.75
100-6025-9104 Professional Services 1500
Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Account Summary
Account Number Account Name Payment Amount
100-5740-4100 Building Repair and Maintenance 242.81
100-5741-5450 Newburg Park Maintenance 805.98
**None** 221438.79
Exp DONATION-K9 14
Exp DONATION-P&R 282.1
Grand Total: 221734.89
6/8/2023 7:21:45 AM Page 7 of 7
560-2030 Retention Payable -1588.5
560-6005-9110 Engineering Services 13011.5
560-6025-9969 Professional Services 31770
590-5505-5000 Vehicle Fuel & Oil 1404.93
Grand Total: 221734.89
Project Account Summary
Project Account Key Payment Amount
550-6210-6700 Internet Service 58.36
550-6505-6600 Utility - General & Electric 99.64
550-6633-6600 Regulatory Compliance 3.25
550-7012-6600 Certification 170
550-7015-6600 Dues & Subscriptions 101
550-8000-6500 Capital Outlay 4018.21
550-5505-6600 Vehicle Fuel & Oil 1705.18
550-5555-6600 Plant Chemicals 6245.53
550-5557-6600 Lab Supplies 2515.38
550-5720-6600 Equipment Repair 218.29
550-5730-6600 Alarm System Maintenance 1402.86
550-6205-6700 Cell Phones 5.56
510-2030 Retention Payable -1588.5
510-6025-0925 Professional Services 92.91
510-6025-9969 Professional Services 31770
550-5500-6500 Department Supplies 32.75
550-5500-6600 Department Supplies 2261.86
550-5500-6700 Department Supplies 94.07
500-5730-6000 Alarm System Maintenance 136.5
500-5760-6100 Water Meters 2859.03
500-5900-6000 Tools & Small Equipment 207.97
500-6210-6300 Internet Service 58.36
500-7015-6000 Dues & Subscriptions 101
500-8000-6100 Capital Outlay 4018.2
500-5500-6300 Department Supplies 31.98
500-5505-6100 Vehicle Fuel & Oil 3793.09
500-5715-6100 Vehicle Repairs 346.31
500-5719-6000 Information Technology 847.39
500-5720-6000 Equipment Repair 33.72
500-5720-6100 Equipment Repair 41.09
280-5505-4200 Vehicle Fuel & Oil 295.14
280-6035-4200 Personnel Services 20
351-6005-9100 Engineering Services 2666.25
500-5265-6100 Miscellaneous Benefits 60
500-5500-6000 Department Supplies 68.65
500-5500-6100 Department Supplies 155.78
189-5505-2000 Vehicle Fuel & Oil 903.17
250-6305-1800 Publication Expense 378
260-8000-4150 Capital Outlay 9520
270-6005-9112 Engineering Services 11336.17
275-6015-9073 General Contracting 50000
280-5265-4200 Miscellaneous Benefits 20
Expense Approval Report Payment Dates: 6/8/2023 - 6/8/2023 Account Summary
Account Number Account Name Payment Amount
160-6505-5800 Utility - General & Electric 188.26
Amount
76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 4.5 6/12/2023 10:20:30 AM Page 1 of 5
76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 352.52 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 804.8 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 170.38 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 71.58 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 53.6 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 91.67 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 24.99 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 139.45 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 1313.72 76630 06/12/2023 AT&T 9011 20052845 9391061226 154.88
76630 06/12/2023 AT&T 9011 20052846 9391061228 77.44
76630 06/12/2023 AT&T 9011 20052846 9391061228 77.44
76630 06/12/2023 AT&T 9011 20042532 9391062010 150.18
76630 06/12/2023 AT&T 9011 20042533 9391062011 31.92
76630 06/12/2023 AT&T 9011 20042534 9391062012 42.77
76630 06/12/2023 AT&T 9011 20042531 9391062009 87.97
76630 06/12/2023 AT&T 9011 20042531 9391062009 163.37
76630 06/12/2023 AT&T 9011 20042532 9391062010 80.87
76630 06/12/2023 AT&T 9011 20042505 9391061252 253.9
76630 06/12/2023 AT&T 9011 20042506 9391061253 35.64
76630 06/12/2023 AT&T 9011 20042506 9391061253 66.2
76630 06/12/2023 AT&T 9011 20042502 9391061249 38.19
76630 06/12/2023 AT&T 9011 20042503 9391061250 17.05
76630 06/12/2023 AT&T 9011 20042504 9391061251 103.84
76630 06/12/2023 AT&T 9011 20042497 9391061219 25.95
76630 06/12/2023 AT&T 9011 20042498 9391061220 51.9
76630 06/12/2023 AT&T 9011 20042499 9391061221 26.72
76630 06/12/2023 AT&T 9011 20042495 9391061217 26.72
76630 06/12/2023 AT&T 9011 20042496 9391061218 77.06
76630 06/12/2023 AT&T 9011 20042497 9391061219 25.95
76630 06/12/2023 AT&T 9011 20042491 9391061212 26.72
76630 06/12/2023 AT&T 9011 20042492 9391061213 256.99
76630 06/12/2023 AT&T 9011 20042493 9391061214 26.72
76630 06/12/2023 AT&T 9011 20027868 9391082149 365.9
76630 06/12/2023 AT&T 9011 20042487 9391061208 26.72
76630 06/12/2023 AT&T 9011 20042488 9391061209 177.76
76630 06/12/2023 AT&T 9011 20027868 9391082149 1002.81
76630 06/12/2023 AT&T 9011 20027868 9391082149 623.37
76630 06/12/2023 AT&T 9011 20027868 9391082149 365.9
76630 06/12/2023 AT&T 9011 20026168 9391069537 - Apply Credit Balance -1818.05 76630 06/12/2023 AT&T 9011 20027868 9391082149 865.42
76630 06/12/2023 AT&T 9011 20027868 9391082149 1488.77
76630 06/12/2023 AT&T 9011 20023846 9391061238 154.88
76630 06/12/2023 AT&T 9011 20023849 9391061243 146.26
76630 06/12/2023 AT&T 9011 20024108 9391062358 63.82
76629 06/12/2023 ASAP LOCK & KEY 63224 Hole Fillers - Parks 24.41 76630 06/12/2023 AT&T 9011 20023845 9391061237 54.21
76630 06/12/2023 AT&T 9011 20023845 9391061237 100.67
76627 06/12/2023 ACCESS HUMBOLDT 1992 Planning Comm Televised Meetings FY 22/23 92.93 76628 06/12/2023 ADVANCED SECURITY SYSTEM 060623 Park Deposit Refund 500 76629 06/12/2023 ASAP LOCK & KEY 63223 Locks/Keys - Parks 297.25 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 6/12/2023 - 6/12/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) 76626 06/12/2023 A-1 RADIATOR & BATTERY 97922 Vehicle Repair - PD 265.64 76627 06/12/2023 ACCESS HUMBOLDT 1991 Council Televised Meetings FY 22/23 194.6 Amount
76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05231965 88771941965 20.46 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05232501 10129392501 311.64 6/12/2023 10:20:30 AM Page 2 of 5
76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 178959 Vehicle Repair - General Services 90.52 76652 06/12/2023 OWEN EQUIPMENT SALES 60118 Equipment Maintenance - Streets 385.41 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05230729 95900010729 88.65 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 178074 Vehicle Repair - PD 17.56 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 178106 Vehicle Repair - PD 0.86 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 178323 Vehicle Repair - Utilities 39.04 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 177742 Vehicle Repair - Utilities 28.64 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 177917 Vehicle Repair - Utilities 299.77 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 177998 Credit Core Return -44 76650 06/12/2023 NORTH COAST LABORATORIES 170540 Lab Testing 300 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 17002 Credit Return - PD -18.34 76651 06/12/2023 O'REILLY AUTOMOTIVE STORE 176923 Vehicle Repair - PD 495.36 76648 06/12/2023 MISSION LINEN INDUS SERV 519398194 Parks/Rink Linen Service 72.34 76649 06/12/2023 MITCHELL, BRISSO, DELANEY 340 Attorney Services FY 22/23 1480 76649 06/12/2023 MITCHELL, BRISSO, DELANEY 341 Attorney Services FY 22/23 18.5 76648 06/12/2023 MISSION LINEN INDUS SERV 519398183 Corp Yard Linen Service 67.63 76648 06/12/2023 MISSION LINEN INDUS SERV 519398183 Corp Yard Linen Service 51.8 76648 06/12/2023 MISSION LINEN INDUS SERV 519398184 Wastewater Linen Service 84.68 76646 06/12/2023 MERCER FRASER COMPANY 2089-02 5% Retention 4467.5 76646 06/12/2023 MERCER FRASER COMPANY 2089-02 Rohner Park Basketball Court Project 84882.5 76647 06/12/2023 MIKSIS SERVICES INC 110441 Culvert Pipes 6080 76644 06/12/2023 IDEXX DISTRIBUTION, INC 3129652699 Lab Supplies 354.43 76645 06/12/2023 KEN GRADY COMPANY INC 5631 Sensor - WWTP 292.27 76646 06/12/2023 MERCER FRASER COMPANY 2089-02 5% Retention -4467.5 76642 06/12/2023 HUMBOLDT COUNTY ASSESSOR 060523 Assessor Map Update 5.25 76643 06/12/2023 HUMBOLDT COUNTY SHERIFF'S OFFICE 2022/23SWAP03 SWAP Services 65.08 76643 06/12/2023 HUMBOLDT COUNTY SHERIFF'S OFFICE 2022/23SWAP03 SWAP Services 434.92 76640 06/12/2023 HARPER MOTORS 5292744 Vehicle Repair - PD 13.57 76640 06/12/2023 HARPER MOTORS 5292746 Vehicle Repair - PD 18.37 76641 06/12/2023 HIGHWAY SPECIALTY CO INC 231266 Traffic Sign Post 373.42 76638 06/12/2023 GHD INC 380-33621 Hillside/Campton Tank Recoating Project 541.25 76639 06/12/2023 GROCERY OUTLET 050423 Supplies - Recreation Playgroup 42.59 76639 06/12/2023 GROCERY OUTLET 060123 Supplies - Recreation Playgroup 27.93 76638 06/12/2023 GHD INC 380-0033314 12th St Integrated Stormwater Project 4132.32 76638 06/12/2023 GHD INC 380-0033314 12th St Integrated Stormwater Project 1666 76638 06/12/2023 GHD INC 380-0033636 NPDES Compliance Project 1848.75 76637 06/12/2023 FREEDOM FUEL 22167 Equipment Fuel 26.33 76637 06/12/2023 FREEDOM FUEL 22178 Equipment Fuel 27.64 76637 06/12/2023 FREEDOM FUEL 22288 Equipment Fuel 35.79 76636 06/12/2023 FORTUNA ACE HARDWARE 361119 Tools/Supplies - Parks 45.21 76636 06/12/2023 FORTUNA ACE HARDWARE 361195 Supplies - WWTP 97.68 76637 06/12/2023 FREEDOM FUEL 22120 Equipment Fuel 20.66 76636 06/12/2023 FORTUNA ACE HARDWARE 361095 Supplies - Parks 10.83 76636 06/12/2023 FORTUNA ACE HARDWARE 361095 Supplies - Parks 20.81 76636 06/12/2023 FORTUNA ACE HARDWARE 361119 Tools/Supplies - Parks 27.11 76636 06/12/2023 FORTUNA ACE HARDWARE 360898 Building Maintenance - PD 8.14 76636 06/12/2023 FORTUNA ACE HARDWARE 360914 Supplies - Parks 75.87 76636 06/12/2023 FORTUNA ACE HARDWARE 360987 Supplies - Parks 213.46 76634 06/12/2023 CRYSTAL SPRINGS BOTTLED W JUNE23WW Water Cooler Rental - WWTP FY 22/23 14 76635 06/12/2023 EEL RIVER VALLEY OFFICALS 060823 Adult Mens/Womens Softball Fees 2023 9385 76636 06/12/2023 FORTUNA ACE HARDWARE 360837 Supplies - Utilities 53.88 76634 06/12/2023 CRYSTAL SPRINGS BOTTLED W 39499 Water Delivery - Public Works 18 76634 06/12/2023 CRYSTAL SPRINGS BOTTLED W 39591 Water Delivery - Parks 18 76634 06/12/2023 CRYSTAL SPRINGS BOTTLED W JUNE23PO Water Cooler Rental - Parks FY 22/23 14 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 236.22 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 336.3 76633 06/12/2023 BICOASTAL MEDIA GROUP 15696-5 Recreation Advertising 200 Expense Approval Report Payment Dates: 6/12/2023 - 6/12/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 76632 06/12/2023 AT&T MOBILITY X06092023 Cellular Service 44.95 Amount
76661 06/12/2023 WHITE, ANDREW 060523 Class B License Test Fee Reimbursement 89 76662 06/12/2023 WILDWOOD SAW 36857 Equipment Maintenance - Parks 313.93 Grand Total: 276622.89
6/12/2023 10:20:30 AM Page 3 of 5
76659 06/12/2023 SUNBELT RENTALS INC 139503926 Manlift Rental - Parks 1000 76659 06/12/2023 SUNBELT RENTALS INC 139503926 Manlift Rental - Parks 2364.38 76660 06/12/2023 USABLUEBOOK INV00017431 Supplies - WWTP 149.93 76658 06/12/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3522 5% Retention -6428.85 76658 06/12/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3522 Hillside/Campton Tank Recoating Project 122148.15 76658 06/12/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3522 5% Retention 6428.85 76655 06/12/2023 PAPE MACHINERY 14454995 Equipment Maintenance - Utilities 5.09 76656 06/12/2023 SARTORIUS CORPORATION 9112363568 Annual Calibration - WWTP 501 76657 06/12/2023 SCHMIDT, KATEY 060523 Initial Cash for Building Counter Box 100 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05239662 43566719662 120.92 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05239729 17524449729 183.65 76655 06/12/2023 PAPE MACHINERY 14454603 Equipment Maintenance - Utilities 55.39 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05238379 51382078379 410.49 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05238897 65641318897 14.29 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05239507 47733469507 778.21 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05236230 40689526230 340.35 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05236357 27889626357 20039.29 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05236485 44193066485 20.82 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05235020 63983385020 86.42 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05235127 43154195127 77.81 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05236009 336454186009 14.82 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05233994 28883393994 41.4 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05234050 33381924050 40.28 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05234082 45966674082 25.99 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05233045 45859733045 154.38 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05233473 69711643473 29.47 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05233881 58771943881 1763.78 Payment Number Payment Date Vendor Name Payable Number Description (Item) 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05232716 23664592716 2.65 76653 06/12/2023 PACIFIC GAS & ELECTRIC CO 05232970 93570722970 305.08 Expense Approval Report Payment Dates: 6/12/2023 - 6/12/2023 100-7200-5400 Sports Leagues 9385
100-7616-1000 Televised Meetings 194.6
100-7616-3200 Televised Meetings 92.93
101-2030 Retention Payable -4467.5
6/12/2023 10:20:30 AM Page 4 of 5
100-6210-2000 Internet Service 2293.57
100-6210-5450 Internet Service 1002.81
100-6300-5400 Advertising 200
100-6505-2000 Utility - General & Electric 29.47
100-6505-2800 Utility - General & Electric 183.65
100-6505-5450 Utility - General & Electric 543.83
100-6205-2000 Cell Phones 1313.72
100-6205-3200 Cell Phones 71.58
100-6205-4000 Cell Phones 53.6
100-6205-4100 Cell Phones 91.67
100-6205-5450 Cell Phones 352.52
100-6210-1500 Internet Service 865.42
100-5900-5450 Tools & Small Equipment 45.21
100-6020-1300 Legal Services 1498.5
100-6200-2000 Telephone -1127.01
100-6200-5400 Telephone 461.45
100-6205-1100 Cell Phones 24.99
100-6205-1500 Cell Phones 139.45
100-5720-5450 Equipment Repair 635.59
100-5740-2000 Building Repair and Maintenance 8.14
100-5740-5450 Building Repair and Maintenance 1000
100-5741-5450 Newburg Park Maintenance 2429.46
100-5745-5450 Vandalism Repair 261.38
100-5750-5450 Weed Abatement 434.92
100-5500-5400 Department Supplies 70.52
100-5500-5450 Department Supplies 118.7
100-5505-5450 Vehicle Fuel & Oil 110.42
100-5565-5450 Janitorial Supplies 72.34
100-5715-2000 Vehicle Repairs 793.02
100-5715-4100 Vehicle Repairs 90.52
999 - Cash Clearing 100
Grand Total: 276623
Account Summary
Account Number Account Name Payment Amount
100-1684 Distributed Telephone 431.8
100-2220 Refundable Park Deposits 500
100-5500-4100 Department Supplies 67.63
352 - DWR-State Water Fund 1666
500 - Water Fund 2847.13
510 - Water Capital Fund 122787
550 - Wastewater Fund 22949.3
560 - Wastewater Capital Fund 1848.75
590 - TDA Transit Fund 25.95
670 - Rancho Bueno Vista Fund 41.4
671 - Kenwood Meadows Fund 305.08
677 - Astor Sewer District Fund 40.28
Expense Approval Report Payment Dates: 6/12/2023 - 6/12/2023 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 24741.4
101 - Transaction and Use Tax Fund 95094.8
120 - Development & Building Fund 241.83
160 - Riverlodge Fund 2902.76
250 - FBID Fund 44.95
280 - Gas Tax Fund 986.12
Grand Total: 276623
Project Account Summary
Project Account Key Payment Amount
**None** 276623
Grand Total: 276623
6/12/2023 10:20:30 AM Page 5 of 5
560-6005-0171 Engineering Services 1848.75
590-6200-5000 Telephone 25.95
670-6505-6505 Utility - General & Electric 41.4
671-6505-6510 Utility - General & Electric 305.08
677-6505-6526 Utility - General & Electric 40.28
999-1005 Cash on Hand 100
550-5730-6600 Alarm System Maintenance 292.27
550-6045-6600 Laboratory Services 801
550-6200-6500 Telephone 372.62
550-6205-6700 Cell Phones 336.3
550-6210-6700 Internet Service 365.9
550-6505-6600 Utility - General & Electric 20160.2
500-7000-6100 Travel, Conferences & Training 89
510-2030 Retention Payable -6428.85
510-6025-0925 Professional Services 129216
550-5500-6600 Department Supplies 252.61
550-5500-6700 Department Supplies 14
550-5557-6600 Lab Supplies 354.43
500-5715-6100 Vehicle Repairs 67.68
500-5720-6100 Equipment Repair 316.25
500-6200-6100 Telephone 90.54
500-6205-6300 Cell Phones 236.22
500-6210-6300 Internet Service 365.9
500-6505-6000 Utility - General & Electric 1575.86
250-6205-1800 Cell Phones 44.95
280-5500-4200 Department Supplies 373.42
280-5720-4200 Equipment Repair 385.41
280-6505-4200 Utility - General & Electric 227.29
352-6005-9101 Engineering Services 1666
500-5500-6100 Department Supplies 105.68
120-6205-3000 Cell Phones 170.38
160-6200-5700 Telephone 26.72
160-6200-5800 Telephone 484.39
160-6205-5800 Cell Phones 4.5
160-6210-5800 Internet Service 623.37
160-6505-5800 Utility - General & Electric 1763.78
Account Summary
Account Number Account Name Payment Amount
101-6005-9101 Engineering Services 4132.32
101-6015-9106 General Contracting 89350
101-6015-9373 General Contracting 6080
120-6005-3100 Engineering Services 5.25
120-6200-3000 Telephone 66.2
Expense Approval Report Payment Dates: 6/12/2023 - 6/12/2023 Consent Item 4j

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Annual Military Equipment Report; Assembly Bill 481 STAFF RECOMMENDATION:

Receive staff report and file as an informational item.

BACKGROUND:

On September 30, 2021, Assembly Bill 481 (AB-481) required all law enforcement agencies to adopt a military use policy by ordinance. The City of Fortuna adopted Ordinance No. 2022-753 in compliance with AB-481.

AB-481 required law enforcement agencies to submit to the City Council, an annual Military Equipment Report on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency and the intention to purchase additional equipment in the following budget year. In addition, within 30 days of submitting and publicly releasing the report, a well-publicized community engagement meeting must be held to allow for the public comments.

EXECUTIVE SUMMARY:

On May 2, 2022, the Fortuna City Council adopted Ordinance No. 2022-753 approving a Military Equipment Use Policy pursuant to Assembly Bill 481 (AB-481). In accordance with AB-481 and the Fortuna Police Department’s policy, a military equipment report shall be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. Outlined below is the 2022 Annual Military Equipment Report.

ACTION(S):

To meet the original requirements of AB-481 a review of inventory designated as “Military Equipment” was conducted prior to the adoption of Ordinance No. 2022-753. The Fortuna Police Department’s original military equipment inventory and the findings were documented in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report. All purchases, procurements, and additions are shown in yellow, inside of the “draft” policy.

Since the adoption of AB-481, the Fortuna Police Department acquired the following equipment:

1. In December of 2022, the City Council approved the purchase and acquisition of an additional Unmanned Aerial Vehicle (UAV) through Resolution No. 2022-35. The Consent Item 4j

description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

2. Additional PepperBall LIVE-X Projectile munitions were purchased to maintain the required inventory. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

3. Additional ammunition for patrol rifles were purchased to maintain the required inventory.

The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.

COMPLAINTS OR CONCERNS:

No complaints or concerns were reported regarding the use of equipment in 2022. The department maintains an AB-481 Military Equipment Transparency website link as well as a dedicated email address and telephone number for any member of the public wishing to contact the department’s Military Equipment Coordinator regarding complaints or concerns. The link, email address, and telephone number are publicly published in English and Spanish on the department’s website under the sub-link, “California Assembly Bill 481 Agency Transparency” and are contained in the department policy manual under the sub-link, “California Senate Bill 978 Agency Transparency”.

INTERNAL AUDIT:

There were no violations of the Military Use Equipment Policy in 2022.

INTENT TO PURCHASE IN 2023:

The Fortuna Police Department intends on purchasing and procuring two (2) additional patrol rifles in 2023 as defined in Fortuna Police Department Policy No. 709, § 709.4, subsection (c). The department patrol rifles comply with Fortuna Police Department Policy No. 312 and are specified in § 312.3.3 as AR-15 style nomenclature - .223 caliber / 5.56mm (NATO) semi-auto or select fire (auto) carbine rifles.

The department maintains an inventory of practice and duty ammunition for patrol rifles. The department also maintains an inventory of PepperBall munitions. The approximate quantity, description, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report. The department budgets approximately $15,000 per fiscal year for all range and firearm supplies including ammunition (100-2000-5515).

PUBLICIZED COMMUNITY ENGAGEMENT MEETING:

The required community engagement meeting is scheduled for Friday, July 7, 2023 from 5:30 PM to 6:00 PM and will be facilitated by the Chief of Police. The meeting will be held in the City Council Chambers located at 621 11th St., Fortuna, CA and will allow for a review of the annual report and community questions and input. The meeting was posted on the City of Fortuna’s webpage on June 1, 2023.

FISCAL IMPACT:

There is no fiscal impact related to the production of the annual report. In addition, all purchases past and present derive from the department’s allotted budget (100-2000-5515). Individual equipment costs can be found in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report.

Consent Item 4j

RECOMMENDED COUNCIL ACTION:

1. Receive Report and File as an Informational Item. Consent agenda vote.

2. Hold a Review 30 Days After the Report Has Been Publicly Released.

ATTACHMENT:
 Policy 709, Military Equipment

Consent Item 4k

STAFF REPORT
City Council Consent Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Authorization to Submit a Letter of Support for an HCAOG Grant Application and Provide a Commitment for In-Kind Grant Match
STAFF RECOMMENDATION:

Authorize and sign a letter of support for a Safe Streets and Roads for All Grant Application through the Humboldt County Association of Governments (HCAOG) and commit to partnering on the project by providing an $8,000 in-kind match contribution.

EXECUTIVE SUMMARY:

The Humboldt County Association of Governments (HCAOG) plans to submit a grant application for the Safe Streets and Roads for All grant program to complete a Humboldt County Regional Vision Zero Action Plan (Plan). Similar to the City’s 2021 Local Road Safety Plan, this proposed Plan will consolidate and update baseline transportation safety data across all jurisdictions, engage the public in prioritizing traffic safety solutions, and propose policies and projects needed to reduce roadway fatalities and serious injuries for all users. Of specific benefit to the City, the project will also include the purchase of a Miovision Traffic camera, which could be loaned out to local jurisdictions to perform traffic counts along roadways and at intersections. Additionally, the grant will fund safety demonstration projects at selected locations in each jurisdiction. HCAOG would work with local agencies after the grant award to determine specific locations and types of demonstration projects. Lastly, having a County-wide vision zero safety plan that includes project in Fortuna would serve as an additional resource or justification for future grant funding opportunities.

As part of the overall Plan, HCAOG is asking that each partnering agency provide a letter of support and commitment of match funds. HCAOG staff have provided a template letter of support which has been included in Attachment A. Overall, the grant requires a 20% match, which for the size of the project is estimated to be $120,000. The match can be a combination of cash match or in-kind contributions (i.e. staff time), and City staff have recommended that the City commit to providing an $8,000 of in-kind match support during the life of the project (anticipated to be 2-3 years). Staff anticipate the City’s portion of the in-kind match to include staff time participating in the project, staff time implementing a safety pilot project in Fortuna, and the use of a City facility for a public meeting. For the remaining project match, HCAOG has committed to providing $60,000, and the Consent Item 4k

remainder (approximately $52,000) would be contributed by other partnering agencies (Arcata, Eureka, County, etc.) seeking to contribute either cash or in-kind match.

Staff have been a part of the guiding committee for the grant application, and feel that this project would provide benefit to the entire county, in addition to the City of Fortuna. Staff feel confident that the in-kind match commitment of $8,000 will be easily attainable over a 2-3 years period. Staff recommend that the Council Authorize and sign the letter of support to be included in the application.

FINANCIAL IMPACT:

Authorizing the letter of support results in no direct financial impact. Should HCAOG be successful in obtaining the grant funds, the City will be an active participant in the project and will contribute by providing in-kind match in then minimum amount of $8,000 over 2-3 years. As noted above, in kind match is anticipated to come from staff time contributing to the project and through providing no-cost facility rentals for public meetings.

RECOMMENDED COUNCIL ACTION:

Authorize and sign a letter of support for a Safe Streets and Roads for All Grant Application through the Humboldt County Association of Governments (HCAOG) and commit to partnering on the project by providing an $8,000 in-kind match contribution. Consent agenda vote.

ATTACHMENTS:
 Attachment A – Draft Letter of Support
City of Fortuna P.O. Box 545 – Fortuna, CA 95540
www.friendlyfortuna.com – (707)725-7600
June 20, 2023
Beth Burks, Executive Director
HCAOG
611 “I” Street, Suite B
Eureka, CA 95521
Email: [email protected]
Dear Beth,
The City of Fortuna is pleased to support the Humboldt County Association of Governments’ application for the US DOT Safe Streets and Roads 4 All (SS4A) Discretionary Grant program for the Regional Vision Zero Action Plan and Safety Demonstration Projects. This project is an important step in the pursuit of the goal of achieving zero roadway deaths in Humboldt.

HCAOG’s 2022 Regional Transportation Plan adopted a Vision Zero goal to reduce traffic fatalities by 50% every year until zero. Yet, Humboldt County persistently ranks at the top of California counties for number of roadway fatalities per capita. For instance, the California Office of Traffic Safety statistics for 2020 show that Humboldt County had the second highest pedestrian fatality rate in the state. Forty-eight pedestrians were killed. Nationally, Humboldt County is a target area for traffic safety action due to its high rate of traffic fatalities.

The City of Fortuna takes the ongoing traffic safety crisis very seriously. We have heard from residents that they want safer streets and roads, especially for the most vulnerable users, and they want investments to focus on equity. Fortuna has adopted the 2021 Local Road Safety Plan and continues to work on various transportation safety projects throughout the City, however, to address the safety crisis County-wide, there is a need for a comprehensive approach to identify systemic and specific safety priorities for the region.

The proposed Regional Vision Zero Action Plan will consolidate and update baseline data across jurisdictions, engage the public in prioritizing traffic safety solutions, and propose policies and projects needed to reduce roadway fatalities and serious injuries for all users. The project will develop a Data Dashboard to assist in measuring and communicating progress. In addition, the grant will fund safety demonstration projects at selected locations in each jurisdiction. The demonstration sites will be selected in partnership with stakeholders and community involvement, and the results will be used to inform permanent infrastructure projects in the future.

The City of Fortuna makes a commitment to be an active partner in this much-needed project, and pledges to contribute $8,000 in in-kind contributions over the life of the project. The City of Fortuna enthusiastically supports HCAOG’s application for SS4A funding to develop a meaningful Vision Zero Action Plan to eliminate roadway fatalities in our region.

Sincerely,
Tami Trent, Mayor
Business Item 5a

STAFF REPORT
City Council Business Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Organic Waste Disposal Ordinance Revision
STAFF RECOMMENDATION:

Staff recommends that the Council hold a public hearing, conduct a second reading and adopt Ordinance 2023-761, revising Chapter 8.14 to the Fortuna organic waste disposal reduction regulationsthat 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 5a

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

Ordinance 2022-755 was adopted by the council on June 2nd 2022 to satisfy the City’s requirement to adopt an enforceable ordinance, with implementation of the requirements delayed until January 1, 2023. 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 a second reading and adopt Ordinance 2023-761, by title only. 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 established under 14 CCR Section 18991.3(b), shall maintain the following records, or as -8-
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, unless a shorter timeframe is otherwise specified by the Enforcement Agency. -9-
(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 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 -10-
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 required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
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(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 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 -12-
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: Council Member Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: None
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
___________________________
Buffy L. Gray, Deputy City Clerk
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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
Business Item 5b

STAFF REPORT
City Council Business Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Authorize a $1,400,000 Supplemental Budget Request for an Additional Discretionary Payment to the California Public Employee’s Retirement System (CalPERS) Pension Trust
STAFF RECOMMENDATION:

Authorize City Manager to execute a Supplemental Budget Request and make an additional Discretionary Payment in the amount of $1,400,000 to be paid to the CalPERS Pension Trust to recognize interest payment savings.

EXECUTIVE SUMMARY:

Unfunded long-term liabilities for City employee pension plans continue to be one of the biggest issues facing local municipalities. In fiscal year 2018-19 staff identified and reviewed a number of potential strategies to address the unfunded pension liabilities including pros and cons of each strategy with the Council. It was determined that making additional discretionary payments when the City was able to was the best strategy and in fiscal years 2018-19, 2020-21, and 2021-22 the Council gave direction to staff to make additional discretionary payments to CalPERS in order to help “smooth” the future mandated unfunded liability payments. This report includes a recap of the pension plan and a discussion of the status and history of the unfunded liabilities.

New accounting standards dramatically impacted local government financial statements by requiring the net pension liability be reported as a liability on the City’s Statement of Net Position; thereby, reducing the City’s financial net position (assets in excess of liabilities). Prior to the change in accounting standards the long term liability amounts referred to as unfunded accrued actuarial liability were not included on the City’s balance sheet. Annual payments for pension costs were paid on a “pay-as-you-go” basis, therefore no additional accrued actuarial expenses were added to City pension costs and there was no additional liability reported on the balance sheet. The addition of these unfunded long-term liabilities to the entity-wide financial statements brought these liabilities to the forefront amongst public officials and can have an effect on the City’s ability to secure future credit (loans, bonds etc.).

CITY PLANS:

City of Fortuna permanent full-time employees participate in the CalPERS retirement system.

Sworn employees are covered under the Safety Plan, while all other employees are covered in the Miscellaneous Plan, both of which are a part of the statewide pool. A pooled plan was required by Business Item 5b

California law for those agencies who had fewer than 100 active members. These assets and liabilities are pooled with all other safety and miscellaneous plans in the State with fewer than 100 active members to provide a large, risk sharing pool. This risk sharing dramatically reduces large fluctuations in an employer’s pension contribution rate caused by unexpected demographic events.

Depending on an employee’s position and hire date, a City employee is included in one of the six possible plans in the table below:

Plan Miscellaneous Safety
Classic Members (Employees Hired Prior to
March 1, 2012)

2.7% @ 55 3.0% @ 50
Tier 2 Plan (Effective March 1, 2012) 2.0% @ 55 3.0% @ 55 PEPRA Plan (Effective Jan 1, 2013) 2.0% @ 62 2.7% @ 57
CALPERS FUNDING REVIEW:

The CalPERS retirement system is funded by three main categories: (1) CalPERS Investment Earnings, (2) employer contributions to CalPERS, (3) employee contributions to CalPERS.

CalPERS reports that over the past twenty years every dollar spent on public employee pensions has been sourced from the following as of June 30, 2021 • 56 cents – CalPERS Investment Earnings
• 32 cents – Employer Contributions to CalPERS
• 12 cents – Employee Contributions to CalPERS
As of Fiscal Year 2021-22, CalPERS announced the following average returns on its investment portfolio:
• 6.7% percent over the past five years
• 7.7% over the past ten years
• 6.9% over the past twenty years
Per CalPERS, the average retiree annual allowance is $38,300 per year. The benefit paid to a retiree varies depending upon the number of years they have worked for a CalPERS participating government agency, the employee’s salary, and the government agency’s retirement formula.

PENSION FUND STABILITY INITIATIVES:

Over the past decade CalPERS has taken steps to stabilize and improve the system’s fiscal strength and lower future risk to the pension trust’s sustainability.

In November 2012, California voters passed the Public Employees’ Pension Reform Act (PEPRA) providing that new employees hired after January 1, 2013 are required to contribute more to their pensions and must also work longer before they can retire and begin to receive the benefits promised by their employers.

Effective during the 2014-15 fiscal year the expected rate of return on CalPERS pension fund’s investments referred to as the “discount rate” was reduced from 7.75% to 7.5%. In December 2016, CalPERS voted again to lower its discount rate in steps beginning in FY 2018-19 from 7.5% to 7.0%. Lowering the discount rate impacts local governments because with lower expected Business Item 5b

returns over time this will require contribution rates to increase to provide sufficient assets to pay pension benefits.

FORTUNA UNFUNDED LIABILITY STATUS:

As of June 30, 2021 the City of Fortuna’s proportionate share of the net pension liability for each plan is shown in the below table:
1% Decrease
(5.95%)
Current Discount
Rate (6.95%)
1% Increase
(7.95%)
Miscellaneous Plan (~98% Classic) $ 9,926,942 $ 6,820,183 $ 4,248,277 Safety Plan (~99% Classic Members) $ 7,824,355 $ 5,203,551 $ 3,074,701 Total $ 17,751,297 $ 12,023,734 $ 7,322,978
In FY 2017-18, the City of Fortuna was mandated by CalPERS to pay $427,958 towards the City’s proportionate share of the unfunded liability. For FY 2022-23 the mandated payment was $788,765. An overall increase of more than $350,000 in five years.

FUTURE PROJECTED UNFUNDED LIABILITY PAYMENTS:

Fiscal Year Payment Fiscal Year Payment
22-23 $ 769,815 34-35 $ 1,273,000
23-24 $ 775,319 35-36 $ 1,222,000
24-25 $ 880,000 36-37 $ 842,000
25-26 $ 960,000 37-38 $ 665,000
26-27 $ 1,037,000 38-39 $ 591,000
27-28 $ 1,098,000 39-40 $ 531,000
28-29 $ 1,241,000 40-41 $ 491,000
29-30 $ 1,266,000 41-42 $ 412,000
30-31 $ 1,292,000 42-43 $ 335,000
31-32 $ 1,320,000 43-44 $ 710,000
32-33 $ 1,312,000 44-45 $ 56,000
33-34 $ 1,301,000 45-46 $ 4,000
The chart above shows that the mandated liability payment is projected to increase by over $500,000 by fiscal year 2031-32. The City would be hard pressed to make such a payment without making cuts to the budget elsewhere. In order to address the unfunded liability issue now rather than let it get to those exorbitant numbers staff is recommending making Additional Discretionary Payments in order to “smooth” the payments and reduce the peak years.

ANALYSIS OF UNFUNDED LIABILITY STRATEGY:

Staff is proposing to continue with the strategy to make Additional Discretionary Payments (ADP).

This approach offers the following benefits:
 The City’s additional payments are discretionary as to time and amount of payment, providing flexibility if future circumstances allow for higher, lower or perhaps no payments for that particular fiscal year.

Business Item 5b

 The City would be initially credited with the CalPERS’ assumed ROR. For FY 2022-23 the rate is set at 6.8%. Under CalPERS practices, additional contributions would be applied evenly over a period of time (can be chosen by the City).  Functions like a homeowner making additional mortgage principal payments, this strategy provides flexibility and if the City commits to a funding strategy with regular pay-downs, the unfunded liability could be retired ahead of the scheduled amortization period by a number of years.

This approach offers the following risks:
 The primary drawbacks to making additional contributions directly to CalPERS are that the City would have less flexibility, as the City would not control the timing of when funds would be applied.
 CalPERS has stated that once monies are paid into the pension trust, they are never returned back to the City. Future assets in excess of liabilities, should they occur, will not be refunded back to the City.
 City receives interest on additional discretionary payments in tandem with what CalPERS earns, which can be volatile. Below is a list of the last ten years earnings rate:

Year Rate Year Rate
2021 21.3% 2016 0.60%
2020 4.70% 2015 2.40%
2019 6.70% 2014 18.40%
2018 8.60% 2013 13.20%
2017 11.20% 2012 0.10%
 Future City Councils may not view the discretionary payments as a priority and the fiscal discipline to make these payments may decline as service level demands on the operating budget increase in future budgets. (It is important to remember that Measure E is set to terminate in FY 2032-33 at which time the City would realistically be unable to make ADP’s without another general tax Measure) Business Item 5b

ANALYSIS OF MAKING $1,400,000 ADP:

The table below shows future mandated payments if staffs recommended Additional Discretionary Payment is made to CalPERS.

This strategy results in projected interest and payments savings of $984,902 over the next 23 years.

It also lowers the peak fiscal year of 2031-32 from $1,320,000 to $1,164,000 a difference of $156,000.

Given the magnitude of the projected increases, the long-term fiscal sustainability of the City depends upon taking prudent, meaningful, and swift actions to address the City’s pension obligations. Staff is recommending that estimated FY 21-22 General Fund surplus monies as well as Water, Wastewater and Transit fund reserves be used to make an additional payment directly to CalPERS.

Fiscal Year Total Mandated
Payment wo/ADP
Total Payment
w/ADP
Difference
(Negative amount
represents
savings)
22-23 $ 769,815 $ 2,169,815 $ 1,400,000
23-24 $ 775,319 $ 651,417 $ (123,902)
24-25 $ 880,000 $ 752,000 $ (128,000)
25-26 $ 960,000 $ 828,000 $ (132,000)
26-27 $ 1,037,000 $ 902,000 $ (135,000)
27-28 $ 1,098,000 $ 958,000 $ (140,000)
28-29 $ 1,241,000 $ 1,097,000 $ (144,000)
29-30 $ 1,266,000 $ 1,119,000 $ (147,000)
30-31 $ 1,292,000 $ 1,141,000 $ (151,000)
31-32 $ 1,320,000 $ 1,164,000 $ (156,000)
32-33 $ 1,312,000 $ 1,151,000 $ (161,000)
33-34 $ 1,301,000 $ 1,136,000 $ (165,000)
34-35 $ 1,273,000 $ 1,104,000 $ (169,000)
35-36 $ 1,222,000 $ 1,048,000 $ (174,000)
36-37 $ 842,000 $ 803,000 $ (39,000)
37-38 $ 665,000 $ 624,000 $ (41,000)
38-39 $ 591,000 $ 549,000 $ (42,000)
39-40 $ 531,000 $ 488,000 $ (43,000)
40-41 $ 491,000 $ 446,000 $ (45,000)
41-42 $ 412,000 $ 367,000 $ (45,000)
42-43 $ 335,000 $ 288,000 $ (47,000)
43-44 $ 710,000 $ 605,000 $ (105,000)
44-45 $ 56,000 $ 8,000 $ (48,000)
45-46 $ 4,000 $ - $ (4,000)
Total $ 20,384,134 $ 19,399,232 $ (984,902)
Business Item 5b

FINANCIAL IMPACT:

The City budgeted for the mandatory unfunded liability payment of $790,000 for FY 22-23. Staff is recommending making an additional payment of $1,400,000, which would require a supplemental budget adjustment to be done to the FY 22-23 budget. The allocation between funds would be as shown in the table below:

Including funds 120 (Building), 160 (River Lodge), and 280 (Streets) into the General Fund portion, as these funds are supplemented by the General Fund, would require $937,930 to be taken from General Fund reserves. As presented during the special budget workshops the estimated FY 21-22 General Fund financials resulted in a surplus of ~$937,000. Additionally, as presented to the Measure E committee Measure E revenues exceeded FY 21-22 budgeted numbers by approximately $300,000. As for the other funds 200/210 (Storm Drain & Solid Waste), 500 (Water), 550 (Wastewater), and 590 (Transit) the required funds would need to be drawn from reserves for FY 22-23.

The $1,400,000 payment would translate to interest payment savings of approximately $985,000 through fiscal year 2045-46.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff;

2. Open public comment;

3. Close public comment;

4. Motion to Authorize City Manager to execute a Supplemental Budget Request and make an additional Discretionary Payment in the amount of $1,400,000 to be paid to the CalPERS Pension Trust to recognize interest payment savings. Voice vote.

Plan Type Fund
Number
Fund Name Allocation
%
Amount
Safety Tier I 100 General 84.21% 353,682
Safety Tier I 101 Measure E 15.79% 66,318
Misc Tier I 100 General 29.94% 293,412
Misc Tier I 101 Measure E 6.39% 62,622
Misc Tier I 120/160/280 Building/River Lodge/Street 16.52% 161,896 Misc Tier I 200/210 Storm Drain/Solid Waste 0.89% 8,722 Misc Tier I 500/550 Water/Wastewater 43.74% 428,652
Misc Tier I 590 Transit 2.52% 24,696
Total 1,400,000
ADP Allocation Table
Business Item 5c

STAFF REPORT
City Council Business Item
DATE: June 20, 2023
TO: City Council
FROM: Cameron Mull, Parks & Recreation Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Addendum Humboldt Skatepark Collective Agreement to Construct and Maintain a Half Pipe Ramp at Newburg Park
STAFF RECOMMENDATION:

Authorize the City Manager to execute an Addendum to the City’s Agreement with the Humboldt Skatepark Collective to build and maintain half pipe ramp at Newburg Park.

EXECUTIVE SUMMARY:

The City has previously collaborated with the HSC since 2018 on a future public skate park facility at Newburg Park and established an MOU with the HSC for “Right of Entry” for skate park planning & design purposes. In 2020 and 2021, the City applied for two rounds of Proposition 68 (Statewide Park Program) grant funding for Newburg Park improvements and development of the (now City-owned) 8.4-acre lot adjacent to the park, which included a concrete skate park projects a part of the grant concept. In both rounds of applications, the City was unfortunately not awarded either grant. Since this time, the HSC has since funded the construction of a wooden half-pipe ramp in Garberville (and has gained further experience through that process). Now the HSC would like to build a similar ramp in Fortuna at Newburg Park.

The most current landscape design (“Master Plan”) for Newburg Park includes a skate park located adjacent to the existing Bike Park. The HSC and City staff would like to proceed with the construction of a wooden half-pipe to create an opportunity/ facility for the public to enjoy. The HSC has offered to work with an architect and contractor (BP Drywall & Construction) to construct a half-pipe style ramp adjacent to that location, with little, or no cost to the City (funded by the HSC). The constructed ramp would be a bi-level half-pipe of approximately 52 x 36 x 5 feet, with a (higher) 6.5 foot height section, constructed with pier blocks on concrete footings, with the ramp material made of plywood and a “gator-skin” upper layer (synthetic material; similar to Trex). The ramp has an estimated ramp lifespan of 10 years before requiring maintenance. Once constructed, and per the MOU, the ramp would be owned by the City/ public.

The HSC has agreed to fund and maintain the project and procure the materials required in perpetuity through an amended, existing MOU (attached) that was initially signed in 2018 as a “Right of Entry”. This MOU has been reviewed and amended with additions made by the City Attorney. Since this project could fall under the California Environmental Quality Act (CEQA), it Business Item 5c

has also been recommended by the City Attorney record a Notice of Exemption (NOE) for this project. A notice of exemption was recorded on 6/6/2023. If there is no opposition to the NOE, CEQA requirements will be fulfilled to proceed with the project starting 7/6/2023.

The HSC would be responsible for obtaining a building permit from the City of Fortuna, including the submittal of engineered drawings, prior to construction. If constructed, this project would be the only skateboard-specific feature in the Eel River valley and would complement the City’s existing Bike Park facility (the only paved pump track in Humboldt County).

There is also a desire to have experienced artists decorate the ramp after the build, according to the policies and with prior approval by the Fortuna Art Council.

FISCAL IMPACT:

The HSC currently has $14,000 delegated for this purpose, but the estimated cost for the build is approximately $50,000. The HSC has indicated they will be pursuing donations for the materials to construct the ramp to make up the shortfall.

The City would be responsible for staff time to review the plans and work with the HSC to ensure the build is completed in accordance with the approved plans. Some minor components or materials may be purchased with future (Parks) General Funds to improve the area surrounding the ramp to provide access, etc.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to authorize the City Manager to execute an Addendum with the Humboldt Skatepark Collective to build and maintain a half pipe ramp at Newburg Park. Voice vote.

ATTACHMENT:
 Addendum with Humboldt Skatepark Collective

FIRST ADDENDUM TO THE

AGREEMENT BETWEEN THE CITY OF FORTUNA AND THE

HUMBOLDT SKATEPARK COLLECTIVE
THIS FIRST ADDENDUM (this “Addendum”) is entered into on this day, _______________, by and between the CITY OF FORTUNA (hereinafter referred to as “CITY”) and the HUMBOLDT SKATEPARK COLLECTIVE, a federally recognized 501(c)(3) non-profit organization (hereinafter referred to as “COLLECTIVE”), for the FORTUNA SKATE PARK.

RECITALS
A. The CITY and COLLECTIVE are parties to that written Agreement Between the City Of Fortuna and the Humboldt Skatepark Collective dated March 3, 2019 (the “Agreement”), through which the CITY granted to COLLECTIVE the right to enter upon certain CITY owned property to develop a proposal for the design and potential construction of a Skate Park. Capitalized terms not expressly defined herein shall have the same meaning as stated in the Agreement.

B. The COLLECTIVE, as a public service to the citizens of Fortuna and pursuant to the Agreement, has assisted the CITY with the development, financing, preliminary design, and planning for said Skate Park.

C. By way of this Addendum, the CITY and the COLLECTIVE desire to supplement the Agreement to provide terms and conditions upon which the COLLECTIVE will construct the Skate Park.

AGREEMENT
NOW, THEREFORE, for adequate consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Right to Enter and Construct. For a period of twenty-eight (28) months following the full execution of this Addendum and subject to the conditions set forth in Section 2, below, COLLECTIVE and its approved contractors and subcontractors shall have the right to enter upon the CITY’s real property, commonly referred to as Newburg Park, for the purpose of constructing a half-pipe in accordance with the plans and specifications approved by the CITY (the “Project”), which plans and specifications are collectively attached to this Addendum as Exhibit B (the “Plans”). COLLECTIVE shall construct the Project at its own cost and expense.

2. Conditions That Must be Met Prior to Construction. COLLECTIVE shall not commence any construction-related activities unless each of the following conditions have been satisfied:

2.1 CITY and COLLECTIVE have agreed upon a construction window during which physical construction activities on CITY property may occur;

2.2 COLLECTIVE has secured all necessary and final permits and approvals for the Project;

2.3 COLLECTIVE has demonstrated to CITY that it is has adequate funding for the completion of the Project;

2.4 COLLECTIVE has submitted to CITY, and the CITY has approved in writing, any proposed contractors and/or materials suppliers that will be providing materials, labor, or other services to the Project;

2.5 COLLECTIVE has submitted to CITY, and the CITY has approved in writing, any proposed forms of contracts to be utilized between the COLLECTIVE and contractors and/or materials suppliers that will be providing materials, labor, or other services to the Project;

2.6 The City Council of the CITY shall have approved this Addendum;

2.7 COLLECTIVE shall have provided all proofs of insurance meeting the insurance requirements required by Section 7, below.

3. Inspections. The CITY shall have the right, with or without prior notice, to inspect the Project for compliance with this Addendum and the Plans. Upon substantial completion of the Project, COLLECTIVE shall notify the CITY, which shall complete an inspection and provide COLLECTIVE a punch-list of any incomplete items. COLLECTIVE shall complete the punch-lit items. The CITY shall then perform a final inspection.

4. Completion; Ownership. Upon successful completion of the final inspection, and close out of the Project permits, ownership of the improvements shall pass to the CITY which shall thereafter maintain, manage, and operate the Project improvements in its sole and absolute discretion. Provided, however, that COLLECTIVE will use its best efforts to provide ongoing assistance to the CITY with ongoing maintenance of the Project. This includes (but is not limited to): consultation with CITY on necessary repairs and maintenance of Project on a (minimum) annual basis, assistance with the procurement of materials or work to make necessary repairs to Project that CITY staff do not have the means, or expertise to repair or maintain.

5. Use of City Property. While entering CITY property pursuant to this Addendum, COLLECTIVE shall:

5.1 Comply with all applicable local, state, and federal laws;

5.2 Conduct its activities in a manner that does not interfere with the public’s enjoyment of Newburg Park;

5.3 Comply with all conditions of applicable permits issued for construction of the Project;

5.4 Comply with requests from the City officials; and

5.5 Ensure that all construction equipment, materials, and debris are safely maintained and secured to prevent injury.

6. Signage. During construction and upon completion, the CITY shall install signage at the Project location stating, “This Project was made possible through generous contributions from the Humboldt Skatepark Collective.”

7. Insurance. The COLLECTIVE and each of its contractors and their subcontractors shall maintain during the course of their performance of the Project insurance in compliance with Exhibit A hereto.

8. Indemnity. COLLECTIVE shall hold harmless, indemnify and defend CITY, its officers, agents, employees, insurers, and managers from and against any and all claims, liabilities, demands, costs, and contracts of any nature arising out of, resulting from or in any way related to the activities under this Addendum. This obligation shall survive the delivery of the Project to the CITY. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage.

9. Prevailing Wage. The work contemplated by this Addendum may be subject to prevailing wages under California Labor Code Sections 1770-1781. COLLECTIVE has the sole responsibility to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, COLLECTIVE, at its expense, shall indemnify, defend (including COLLECTIVE’s providing and paying for legal counsel for CITY), and hold harmless CITY, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or expenses pertaining to the prevailing wage laws.

10. Independent Contractor. COLLECTIVE understands and agrees that at all times it is an independent contractor of CITY. COLLECTIVE further understands that CITY will not carry worker’s compensation liability insurance on behalf of COLLECTIVE or otherwise contribute towards any disability benefits for COLLECTIVE. COLLECTIVE is exclusively responsible for the payment of all wages, payroll taxes, fringe benefits and any other expenses that may become owing to or on behalf of all persons employed by COLLECTIVE under this Addendum.

11. General Provisions.

11.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Addendum, in part or in whole, without the other party’s prior written consent. This Addendum is binding on the heirs, successors, and permitted assigns of the parties hereto.

11.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Addendum.

11.3 Nondiscrimination. COLLECTIVE shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Addendum are incorporated by this reference.

11.4 Choice of Law and Venue. This Addendum shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place.

11.5 Severability. If any provision of this Addendum is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Addendum shall remain in full force and effect.

11.6 Amendment. No amendment or modification of this Addendum shall be binding unless it is in a writing duly authorized and signed by the parties to this Addendum.

11.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Addendum shall be deemed to be inserted, and this Addendum shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Addendum shall be amended to make the insertion or correction.

11.8 Entire Agreement. This Addendum, along with the Agreement, constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject matter of this Addendum.

11.9 Attachments. If any provision in any attachment to this Addendum conflicts with or is inconsistent with the provisions set forth in the body of this Addendum, the provisions set forth in the body of this Addendum shall control over the conflicting or inconsistent provisions in the attachment.

11.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Addendum shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.

No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

11.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events.

11.12 Headings. The headings in this Addendum are included for convenience only and shall neither affect the construction or interpretation of any provision in this Addendum nor affect any of the rights or obligations of the parties to this Addendum.

11.13 Execution in Counterparts. This Addendum may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.

11.14 Authorization. Each individual executing this Addendum, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to do so and that this Addendum constitutes the legally binding obligation of the entity which he/she represents.

CITY OF FORTUNA
_____________________________________________________ Date___________________ Merritt Perry, City Manager- City of Fortuna

HUMBOLDT SKATE PARK COLLECTIVE
_____________________________________________________ Date____________________ Charles E. Caldwell II, Director- Humboldt Skatepark Collective _____________________________________________________ Date____________________ Stacey Mintey, Secretary- Humboldt Skatepark Collective

Exhibit List:

Exhibit A – Insurance Requirements
Exhibit B – Plans

Exhibit A
Insurance Requirements
Insurance. COLLECTIVE shall be required to procure and provide proof of the insurance coverage required by this Exhibit A in the form of certificates and endorsements. The required insurance must cover the activities of COLLECTIVE and its employees, volunteers, contractors, consultants, agents, or subcontractors relating to or arising from the performance under this Addendum, and must remain in full force and effect at all times during the performance of the Addendum. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better.

The following insurance policies and limits are required for this Agreement:
 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if COLLECTIVE has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.  Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City of Fortuna, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the COLLECTIVE including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the COLLECTIVE’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the COLLECTIVE’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Fortuna, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Fortuna, its officers, officials, employees, or volunteers shall be excess of the COLLECTIVE’s insurance and shall not contribute with it.

Notice of Cancellation
COLLECTIVE shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or selfinsured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, COLLECTIVE shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
COLLECTIVE hereby grants to City of Fortuna a waiver of any right to subrogation, which any insurer of said COLLECTIVE may acquire against the City by virtue of the payment of any loss under such insurance. COLLECTIVE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the COLLECTIVE, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the COLLECTIVE to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
COLLECTIVE shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before disbursement of the Award. However, failure to obtain the required documents prior to disbursement of the Award shall not waive the COLLECTIVE’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Exhibit B
[PLANS AND SPECIFICATIONS FOLLOW THIS PAGE]
SD
" SPP
Drain

Business Item 5d

STAFF REPORT
City Council Business Item
DATE: June 20, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Professional Services Agreement with CSG Consulting for SB 1383 Compliance and Franchise Agreement Development
STAFF RECOMMENDATION:

Authorize the City Manager to negotiate and execute a contract with CSG Consultants to assist the City with SB 1383 compliance and development of an updated franchise agreement.

BACKGROUND:

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 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 various sectors 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 Business Item 5d

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 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.

On June 5, 2023, the council delayed the effective date until July 1, 2024 of the Organic Waste and Recycling Ordinance, as 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.

EXECUTIVE SUMMARY:

The City of Fortuna currently is working to comply with the provisions of SB 1383 and CalRecycle has issued a Corrective Action Plan (CAP) with specific tasks and completion dates for the steps necessary for the City to comply with SB 1383. The compliance dates in the CAP can be changed if tasks take longer than anticipated provided the City demonstrates it is making a good faith effort to comply with the timelines in the CAP. A copy of the CAP is attached to this staff report.

As can be seen in the CAP, several of the compliance tasks will are anticipated to become the responsibility of Recology, the City’s solid waste hauler and are dependent upon the City renegotiating the Solid Waste Franchise agreement with Recology to add those responsibilities to their work. The tasks in the CAP for which Recology will complete work or take responsibility include the following:
 Task 3 – providing three-container waste collection
 Task 4 – waste container contamination minimization
 Task 5 – Update franchise agreement to include container monitoring  Task 6 – Performing container contamination minimization Business Item 5d

 Task 8 – Update franchise agreement to document route reviews  Task 9 - Documentation to track route reviews
 Task 10 – Tracking contamination minimization
 Task 11 – Providing compliant containers
 Task 12 – Labeling containers
 Task 13 – Amend franchise agreement to provide organic collection  Task 21 – Implement and track education and outreach for organic waste collection The list above includes many items in the CAP for which Recology will have some responsibility. Updating the franchise agreement to include these tasks is the critical path to transferring the responsibility to Recology and gaining compliance with SB 1383.

The City currently does not have the direct expertise of having negotiated franchise agreements in the recent past, or familiarity with industry standards for these agreements including aspects of the agreement including: Responsibility for meeting waste reduction goals, allowable profit, frequency of rate reviews, range of services that should be provide for SB 1383 compliance and responsible party and typical responsibility level for various tasks that are included in the franchise agreement. It is anticipated that the updated franchise agreement will be for a minimum term of 10 years to allow for the costs for new equipment to spread out over its useful life and keep costs to customers to a minimum.

With limited expertise on staff, and the fact that this agreement could extended for decades (as was the current agreement) it is important that the staff have the expertise to evaluate the proposed rates and the provision of the agreement using professionals familiar with the industry.

Not doing so could lead to higher solid waste rates, and more responsibility being put on the City for compliance with solid waste regulations.

Staff administratively approved a contract with Bell and Associates to audit Recology’s operations and confirm the current solid waste rates and the anticipated rates for the additional SB 1383 services that are needed. Bell and Associates was completing similar work for the Cities of Arcata, Eureka, and Humboldt County and this contract was executed to recognize an economy of scale for the work to be completed at the same time as it was for those other entities.

A copy of the proposal for this work is attached.

Staff is recommending that the City contract with CSG Consultants to assist with the development of a new franchise agreement and to assist the City with SB 1383 compliance.

Kathleen Gallagher will be the primary consultant providing services and has extensive experience with franchise agreements, solid waste and sustainability practices.

The combination of the audit by Bell and Associates and the assistance with the franchise agreement by CSG will provide comprehensive support to ensure the City is making informed decisions for the comprehensive solid waste services with a rates that are fair to Fortuna citizens.

Business Item 5d

FINANCIAL IMPACT:

The proposed cost for the services from CSG Consultants is $22,000 and the previously approved contract with Bell and Associates for audit services was for $12,373, for a total of $34,373. The City currently has $35,000 remaining in Solid Waste Fund 210 that will be carried over into FY 2023-2024. The City also applied for and received a $20,000 AB 1985 grant from CalRecycle for SB 1383 compliance that has been deposited Fund 306, Various CalRecycle Grant Funds. Approximately $15,000 is remaining in this account and can be used for SB 1383 compliance including the contract with CSG or Bell and Associates. Therefore, there is approximately $20,000 remaining for other SB 1383 compliance purposes.

RECOMMENDED COUNCIL ACTION

1. Receive staff report and review questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to authorize the City Manager to negotiate and execute an agreement with CSG Consultants to assist the city with SB 1383 compliance and Development of a franchise agreement
ATTACHMENT:
 CalRecycle Corrective Action Plan
 Proposal from Bell and Associates for Audit Services
 Proposal from CSG Consultants Inc. for Franchise Agreement Negotiation and SB 1383 Compliance Assistance
Corrective Action Plan

STATE OF CALIFORNIA

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

CORRECTIVE ACTION PLAN AND COMPLAINT FOR PENALTY
1198.SLCP.CAP.2023.2
Before: The State of California
Department of Resources Recycling and Recovery
1001 I Street
Sacramento, CA 95814
In the Matter of: City of Fortuna
621 11th Street
Fortuna, CA 95540

BACKGROUND AND PURPOSE

1. The California Department of Resources Recycling and Recovery is hereinafter referred to as "CalRecycle."

1.1 CalRecycle, in consultation with the California Air Resources Board, adopted regulatory requirements, consistent with the mandate of Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016), that are designed to achieve the organic waste reduction goals established in section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. The purpose of these reductions is to further the statewide effort to reduce emissions of short-lived climate pollutants (SLCP), including methane. These SLCP regulations are referred to hereinafter as the “Regulations” and can be found at Title 14 California Code of Regulations (CCR) sections 18981.1 through 18998.4. Cities, counties, and special districts are responsible for implementing these Regulations in their communities starting January 1, 2022.

1.2 The City of Fortuna is hereinafter referred to as "Jurisdiction." Jurisdiction is required to comply with the Regulations.

1.3 Jurisdiction is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year, which could result in significant administrative civil penalties under the Regulations.

1.4 Senate Bill 619 (Laird, Chapter 508, Statutes of 2021), through amendments to section 42652.5 of the Public Resources Code (PRC), created a mechanism called Corrective Action Plan

a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a Corrective Action Plan.

1.5 Under PRC section 42652.5(e), the Notification of Intent to Comply must include a description of proposed actions to remedy the violations, as well as a proposed schedule for those actions, that the Jurisdiction commits to undertake to remedy the violations.

1.6 The Notification of Intent to Comply is hereinafter referred to as “Notification.”

1.7 For violations taking more than 180 days to correct, PRC section 42652.2 allows CalRecycle to determine, in its sole discretion, that violations identified in a Notification may be addressed through a Corrective Action Plan issued pursuant to 14 CCR section 18996.2.

1.8 The Corrective Action Plan is hereinafter referred to as "CAP.”

1.9 For violations disclosed in the Notification approved by CalRecycle as meeting the requirements of PRC section 42652.5(e), CalRecycle shall waive administrative civil penalties during the 2022 calendar year if the Jurisdiction implements the proposed actions according to the approved Notification’s schedule of actions and, as applicable, approved CAP schedule of actions.

1.10 For violations disclosed in the Notification that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. SB 619 provides administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with an approved CAP schedule of action.

DETERMINATION OF VIOLATIONS

2. As authorized by PRC section 42652.5(c), the Jurisdiction notified CalRecycle of its ongoing or anticipated violations of the Regulations and the PRC through a Notification submitted February 24, 2022.

2.1 CalRecycle reviewed the Jurisdiction's Notification, its description of the Jurisdiction’s disclosed violations of the Regulations, and proposed actions and schedule for those actions to remedy those violations for compliance with PRC section 42652.5(e). CalRecycle approved the Notification’s proposed actions and schedule of actions, as modified by this CAP.

Corrective Action Plan

2.2 The Jurisdiction’s Notification identified the following violations of the Regulations as follows:

2.2.1 The Jurisdiction is and has been in violation of 14 CCR section 18984.1 in that since January 1, 2022, the Jurisdiction has not provided three-container organic waste collection service to all residential and commercial generators and/or has not included food scrap collection service in the three-container collection system provided to all residential and commercial generators.

2.2.2 The Jurisdiction is and has been in violation of 14 CCR section 18984.5 in that since January 1, 2022, the Jurisdiction has not conducted container contamination minimization for the residential or commercial sector.

2.2.3 The Jurisdiction is and has been in violation of 14 CCR section 18984.6 in that since January 1, 2022, the Jurisdiction has not met recordkeeping requirements for compliance with container contamination minimization.

2.2.4 The Jurisdiction is and has been in violation of 14 CCR section 18984.7 in that since January 1, 2022, the Jurisdiction has not distributed new containers meeting the container color requirements.

2.2.5 The Jurisdiction is and has been in violation of 14 CCR section 18984.8 in that since January 1, 2022, the Jurisdiction has not distributed new containers with proper container labeling.

2.2.6 The Jurisdiction is and has been in violation of 14 CCR section 18984.11 in that since January 1, 2022, the Jurisdiction has not verified each waived generator is eligible for a waiver.

2.2.7 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction has not provided education and outreach to organic waste generators that are provided an organic waste collection service, including self-haulers, or the information provided did not comply with the requirements.

2.2.8 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction is providing an unsegregated single container collection service to generators, but has not included information indicating that organic waste is being processed at a high diversion organic waste processing facility in the education and outreach provided to outreach to organic waste generators.

2.2.9 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction has not translated educational materials into any non-English language spoken by a substantial number of the public provided organic waste collection services by the jurisdiction.

2.2.10 The Jurisdiction is and has been in violation of 14 CCR section 18985.2 in that since February 1, 2022, the Jurisdiction has not developed a list of food recovery organizations and food recovery services operating within the jurisdiction or maintained the list on the jurisdiction’s website.

Corrective Action Plan

2.2.11 The Jurisdiction is and has been in violation of 14 CCR section 18985.2 in that since February 1, 2022, the Jurisdiction has not provided education and outreach to commercial edible food generators, or the information provided did not comply with the requirements.

2.2.12 The Jurisdiction is and has been in violation of 14 CCR, section 18985.3 in that since January 1, 2022, the Jurisdiction has not included all relevant documents supporting compliance with Article 4 (Education and Outreach) of the Regulations in the Implementation Record as required by section 18995.2.

2.2.13 The Jurisdiction is and has been in violation of 14 CCR section 18988.1 in that since January 1, 2022, the Jurisdiction has not required haulers providing residential, commercial, or industrial organic waste collection services to generators within its boundaries to meet the requirements and standards of the Regulations as a condition of approval of a contract, agreement, or other authorization to collect organic waste.

2.2.14 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18988.1 in that since January 1, 2022, the Jurisdiction allows generators to self-haul, but has not adopted an ordinance or a similarly enforceable mechanism that requires compliance with the requirements in section 18988.3 of the Regulations.

2.2.15 The Jurisdiction is and has been in violation of 14 CCR section 18988.4 in that since January 1, 2022, the Jurisdiction has not met recordkeeping requirements for compliance with jurisdiction hauler program.

2.2.16 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18989.1 in that since January 1, 2022, the Jurisdiction has not adopted an ordinance or other enforceable requirement requiring compliance with the following provisions of the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 2019 and effective January 1, 2020.

2.2.17 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18989.2 in that since January 1, 2022, the Jurisdiction has not adopted an ordinance or other enforceable requirement that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code of Regulations as amended September 15, 2015.

2.2.18 The Jurisdiction is and has been in violation of Title 14 CCR section 18991.1 in that since January 1, 2022, the Jurisdiction has not implemented an edible food recovery program that includes action to accomplish the following:
a. Educate commercial edible food generators as set forth in section 18985.2.
b. Increase commercial edible food generator access to food recovery organizations and food recovery services.

Corrective Action Plan

c. Monitor commercial edible food generator compliance as required in Article 14 of the Regulations.
d. Increase edible food recovery capacity if the analysis required by section 18992.2 indicates that the jurisdiction does not have sufficient capacity to meet its edible food recovery needs.

2.2.19 The Jurisdiction is and has been in violation of 14 CCR section 18991.2 in that since January 1, 2022, the Jurisdiction has not included all documents supporting compliance with section 18991.1 in the Implementation Record required by section 18995.2.

2.2.20 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction or regional agency has been contacted by the county pursuant to this section and has not responded to the county’s request for the information necessary to comply with the requirements of this section within 120 days of receiving the request from the county.

2.2.21 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with the Enforcement Agency and the local task force created pursuant to PRC section 40950 on the status of locations for new or expanded solid waste facilities including the potential capacity increase each facility may provide if approved.

2.2.22 The Jurisdiction is and has been in violation of Title 14, CCR, section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with haulers and 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 to gather information on the existing capacity and potential new or expanded capacity at those facilities, operations, and activities.

2.2.23 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not conducted community outreach regarding locations being considered for new or expanded facilities, operations, or activities to seek feedback on the benefits and impacts that may be associated with new or expanded facilities, operations, or activities in compliance with that section.

2.2.24 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with community composting operators to estimate the amount of organic waste the county, and the jurisdictions and regional agencies located within the county, anticipate will be handled at community composting activities.

2.2.25 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not estimated the amount of edible food that will be disposed by commercial edible food generators.

Corrective Action Plan

2.2.26 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not Identified existing capacity at food recovery organizations identified in section 18982(a)(25)(A)–(B) that is available to commercial edible food generators.

2.2.27 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not identified proposed new or expanded food recovery organizations and food recovery services that will be used to recover edible food identified pursuant to subdivision (a)(1) of that section.

2.2.28 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, Jurisdiction has not identified the amount of new or expanded capacity, at food recovery organizations and food recovery services that is necessary to recover the edible food that is estimated to be disposed by commercial edible food generators in subdivision (a)(1) of that section.

2.2.29 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not consulted with food recovery organizations and food recovery services regarding existing, or proposed new and expanded, capacity that could be accessed by the jurisdiction and its commercial edible food generators.

2.2.30 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction or regional agency has been contacted by the county pursuant to this section and has not responded to the county’s request for the information necessary to comply with the requirements of this section within 120 days of receiving the request from the county.

2.2.31 The Jurisdiction is and has been in violation of 14 CCR section 18993.1 in that since January 1, 2022, the Jurisdiction has not procured recovered organic waste products to meet or exceed its current annual recovered organic waste product procurement target.

2.2.32 The Jurisdiction is and has been in violation of 14 CCR section 18993.2 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.

2.2.33 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not procured paper products, and printing and writing paper, consistent with the requirements of sections 22150-22154 of the Public Contract Code.

2.2.34 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not required all businesses from whom it purchases paper products and printing and writing paper to comply with the requirements of that section.

Corrective Action Plan

2.2.35 The Jurisdiction is and has been in violation of 14 CCR section 18993.4 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.

2.3 CalRecycle accepted the Jurisdiction’s self-reported Notification and characterization of its violations therein. CalRecycle has not undertaken a compliance review of Jurisdiction, and thus CalRecycle’s approval of the Notification or this CAP should not be taken as an indication that Jurisdiction is in full compliance with Regulations in other respects. CalRecycle will be undertaking a compliance review of all jurisdictions in the future.

SCHEDULE FOR COMPLIANCE

3. Based on the foregoing DETERMINATION OF VIOLATIONS, CalRecycle finds that:
a. The Jurisdiction worked with CalRecycle to develop this CAP, which includes schedule of actions necessary for the Jurisdiction to achieve address the violations disclosed in the Notification and described in Section 2 (Determination of Violations) above.
b. CalRecycle hereby approves and issues this CAP pursuant to PRC section 42652.5(c)-(e) and Title 14 CCR section 18996.2.
c. The Jurisdiction will fully implement the programs identified in this CAP by the dates provided in the Section 3.2 below.
d. CalRecycle will monitor the Jurisdiction’s continued implementation of the programs identified in the CAP from February 28, 2023 through April 30, 2024 (“the oversight period”) to assure implementation is complete and timely. The oversight period may be extended at the discretion of CalRecycle if any extensions to the Schedule are granted as described below in Sections 4.4 and 4.5.
e. During the oversight period, the Jurisdiction will submit status reports to CalRecycle and attend status meetings with CalRecycle to demonstrate the ongoing progress the Jurisdiction is making on remedying the violations described above.
f. During the oversight period, the Jurisdiction will provide bimonthly status reports to CalRecycle:

Report Cycle
Report 1: April 30, 2023, covering February 1, 2023 – March 31, 2023 Report 2: June 30, 2023, covering April 1, 2023 – May 31, 2023 Report 3: August 31, 2023, covering June 1, 2023 – July 31, 2023 Report 4: October 31, 2023, covering August 1, 2023 – September 30, 2023
Corrective Action Plan

Report 5: December 31, 2023, covering October 1, 2023 – November 30, 2023
Report 6: February 29, 2024, covering December 1, 2023 – January 31, 2024
Report 7: April 30, 2024, covering February 1, 2024 – March 1, 2024 g. The status reports are to be used to document the status and work completed for each of the identified tasks in the CAP. For each task in the CAP, the Jurisdiction will explain the status of the task, specifying what actions have been taken to complete the task.
h. If the work has been delayed or has not been completed, the Jurisdiction will explain the reason(s) for the delay/incompletion. The Jurisdiction will also attach any previously submitted extension requests made pursuant to section

4.4 of this CAP and any extensions granted pursuant to section 4.5 of this CAP, using additional sheets as necessary for the report. CalRecycle may consider the explanation in deciding whether to allow the Jurisdiction to continue to operate under the Notification and CAP or to revoke approval of the Notification and CAP pursuant to PRC section 42652.5(d). i. During the oversight period, the Jurisdiction will meet with CalRecycle telephonically or via other remote electronic means (such as Teams or Zoom) bimonthly to provide interim progress updates on the following schedule:

Meeting Cycle
Meeting 1: During March 2023
Meeting 2: During May 2023
Meeting 3: During July 2023
Meeting 4: During September 2023
Meeting 5: During November 2023
Meeting 6: During January 2024
Meeting 7: During March 2024
j. The status meetings are to be used to discuss the most recent status report and to discuss interim progress made by the Jurisdiction on each of the identified tasks in the CAP.
k. Prior to the close of the oversight period, CalRecycle may undertake a compliance review or field visit to supplement other status reporting. l. At any time prior to the conclusion of the oversight period, if CalRecycle determines the Jurisdiction has failed to implement the programs identified in the Notification and CAP, has failed to participate in status reporting during the oversight period, has substantially misrepresented its progress in status reporting, or has substantially failed to make interim progress on Tasks set out in Section 3.2 for four consecutive reporting periods, CalRecycle may immediately issue a notice revoking its approval of the Notification and CAP and indicating its intent to impose penalties as provided in PRC section 42652.5. Title 14 CCR sections 18997.3, 18997.5, and 18997.6 and PRC section 42652.5 governs the process and considerations CalRecycle will Corrective Action Plan

utilize in calculating and assessing administrative civil penalties against the Jurisdiction, which may be up to $10,000 per day per violation.

3.1 Based on the foregoing DETERMINATION OF VIOLATIONS, it is hereby ordered that the Jurisdiction will implement the actions described below in accordance with the compliance deadlines contained in the schedule of actions to remedy violations as set forth in Section 3.2 below.

3.2 Schedule and Program of Actions
Section 18984.1 Three-Container Organic Waste Collection Services The Jurisdiction will provide three-container organic waste collection service to all residential and commercial generators.

Task # Description Target Completion
Date
TASK
1 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with organic waste collection service.
6/6/2022
(Task completion to
be verified)
TASK
2 The Jurisdiction will find a facility to accept mixed organic waste. 10/1/2023
TASK
3 The Jurisdiction will provide three-container waste collection service to all residential and commercial customers that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11, 18984.12, or other provision of the Regulations, or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring compliance with the
requirements of section 18988.3. In implementing this container system, the Jurisdiction will ensure materials are sorted into the containers properly by generators.
3/1/2024
Section 18984.5 Container Contamination Minimization
The Jurisdiction will monitor generator using a three-container or two-container organic waste collection service for contaminants.

Task # Description Target Completion
Date
Corrective Action Plan

TASK
4 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with container contamination minimization.
6/6/2022
(Task completion to
be verified)
TASK
5 The Jurisdiction will update its franchise agreement with their organic waste collection service provider to include monitoring all generators using a three-container organic waste collection service for contaminants.
7/1/2023
TASK
6 The Jurisdiction will perform container contamination minimization for all routes that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11 and 18984.12 (a) and (c), or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring compliance with the requirements of section 18988.3.
9/1/2023
Section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
The Jurisdiction will keep records of the number of residential or commercial violations identified and number of notices issued.

Task # Description Target Completion
Date
TASK
7 The Jurisdiction will adopt an enforcement ordinance requiring a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting.
6/6/2022
(Task completion to
be verified)
TASK
8 The Jurisdiction will update its franchise agreement with their organic waste collection service provider to include a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting. 7/1/2023
TASK
9 The Jurisdiction will establish a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting
7/1/2023
Corrective Action Plan

TASK
10 The Jurisdiction will begin documenting contamination minimization efforts and tracking number of violations. 9/1/2023 Section 18984.7 Container Color Requirements
The Jurisdiction will distribute new containers meeting the container color requirements.

NOTE: A jurisdiction is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

Task # Description Target Completion
Date
TASK
11 If purchasing new containers, the Jurisdiction will require and verify the hauler will provide containers, for collection services to generators that comply with the container color requirements specified in Article 3 of the Regulations.
8/1/2022
(Task completion to
be verified)
Section 18984.8 Container Labeling Requirements
The Jurisdiction will distribute new containers with proper container labeling.

Task # Description Target Completion
Date
TASK
12 The Jurisdiction will require and verify the hauler will label each new container or lid provided to generators.
• Labels will be consistent with the applicable container collection requirements specifying what materials are
allowed to be placed in each container.
8/1/2022
(Task completion to
be verified
Section 18984.11 Waivers Granted by a Jurisdiction
The Jurisdiction will verify each waived generator is eligible for a waiver.

Task # Description Target Completion
Date
TASK
13 The Jurisdiction will amend its franchise agreement with its organics waste collection service provider. 7/1/2023
Corrective Action Plan

TASK
14 The Jurisdiction will establish a procedure for verifying eligibility for waivers and granting waivers and ensure all waivers issued comply with the requirements.
9/1/2023
Section 18985.1. Organic Waste Recovery Education and Outreach The Jurisdiction will provide organic waste recovery education and outreach to residential/commercial generators.

Task # Description Target Completion
Date
TASK
15 The Jurisdiction will identify/contract with designee to implement education and outreach requirements.

Task 15a: Begin Request for Proposal Process.

Task 15b: Award designee.

Task 15a: 2/1/2023
(Task completion to
be verified)
Task 15b: 5/1/2023
TASK
16 The Jurisdiction will provide education and outreach to commercial edible food generators at least annually.

Task 16a: Develop education material (website, social media, newsletter & radio ads).

Task 16b: Distribute material.

Task 16a: 7/1/2023
Task 16b: 9/1/2023
TASK
17 The Jurisdiction will provide outreach and education to organic waste generators that are provided organic waste collection services or self-haul within the Jurisdiction, that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11 and 18984.12 (a) and (c). (Note: A
jurisdiction may still have a separate obligation under the Mandatory Commercial Recycling (MCR) and Mandatory
Organics Recycling (MORe) laws—Public Resources Code
(PRC) Sections 42649.3 (d) and 42649.82 (d)(1)(C)—that is separate and independent of SB 1383, the SB 1383
Regulations, and this plan.)
10/1/2023
Section 18985.2. Edible Food Recovery Education and Outreach The Jurisdiction will provide education and outreach to all residential and commercial generators.

Corrective Action Plan

Task # Description Target Completion
Date
TASK
18 The Jurisdiction will develop a list of food recovery and food recovery services operating within the jurisdiction and maintain the list on the jurisdiction’s website. The list will include the following information about each food recovery organization and each food recovery service:
• Name and physical address.
• Contact information.
• Collection service area.
• An indication of types of food the food recovery service or organization can accept for food recovery.
2/1/2023
(Task completion to
be verified)
TASK
19 The Jurisdiction will identify/contract with designee who will be implementing education and outreach requirements.

Task 19a: Begin Request for Proposal Process.

Task 19b: Award designee.

Task 19a: 4/1/2023
Task 19b: 7/1/2023
TASK
20 The Jurisdiction will provide education and outreach to commercial edible food generators at least annually.

Task 20a: Develop education material (flyers, electronic, events).

Task 20b: Distribute material.

Task 20a: 7/1/2023
Task 20b: 9/1/2023
Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
The Jurisdiction will keep all relevant documents supporting compliance with Education and Outreach requirements.

Task # Description Target Completion
Date
TASK
21 The Jurisdiction will establish a system for documenting and compiling records related to education and outreach
requirements for recordkeeping and reporting.
5/1/2023
Corrective Action Plan

TASK
22 The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at a minimum:
• Copies of the information provided to comply with Article 4 of the Regulations, including flyers, brochures,
newsletters, invoice messaging, and website and social
media postings.
• The date, and to whom the information was
disseminated, or direct contact made. If a jurisdiction provides mass distribution through mailings, or bill
inserts, it will provide the date, a copy of the information, and the type and number of accounts receiving the
information.
• If the requirements of Article 4 of the Regulations were met solely through electronic media, the record will
include a copy, with dates posted, of social media posts, e-mails or other electronic messages.
• If a jurisdiction relies on a designee to comply with this section, it will include a copy of the materials distributed by the designee.
10/31/2023
Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers The Jurisdiction will adopt an ordinance or similarly enforceable mechanism requiring self-haulers to comply.

Task # Description Target Completion
Date
TASK
23 The Jurisdiction will adopt an enforcement ordinance or similarly enforceable mechanism requiring self-haulers to comply.
6/6/2022
(Task completion to
be verified)
TASK
24 The enforcement ordinance will be effective.
6/6/2022
(Task completion to
be verified)
TASK
25 The Jurisdiction will require and verify the haulers providing residential, commercial, or industrial organic waste collection services will meet the requirements as a condition of approval of a contract, agreement, or other authorization to collect organic waste.
6/6/2022
(Task completion to
be verified)
Section 18988.3. Self-haulers of Organic Waste
Corrective Action Plan

The Jurisdiction will begin implementing hauler and self-hauler requirements.

Task # Description Target Completion
Date
TASK
26 The Jurisdiction will require self-haulers providing organic waste collection services to meet the requirements. 10/1/2023 Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction hauler program.

Task # Description Target Completion
Date
TASK
27 The Jurisdiction will establish a system for documenting and compiling records related to haulers and self-haulers for recordkeeping and reporting.
7/1/2023
TASK
28 The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at a minimum:
• Ordinances, contracts, franchise agreements, policies, procedures, or programs relevant to this section.
• A description of the jurisdiction’s hauler program
including:
o Type(s) of hauler system(s) the jurisdiction uses.
o Type(s) and condition(s) of approvals per type of
hauler, and criteria for approvals, denials and
revocations.
o The process for issuing, revoking, and denying
written approvals. Any requirements associated
with self-hauling and back-hauling.
• A record of hauler compliance with local ordinance(s) and the requirements of Article 7 of the Regulations
including the following information:
o Copies of all reports required from haulers.
o Copies of all written approvals, denials, and
revocations.

All records will include the date of action, the name of the hauler, and the type of the action taken by the jurisdiction. 7/1/2023
Corrective Action Plan

Section 18989.1 CALGreen Building Codes
The Jurisdiction will adopt an ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.

Task # Description Target Completion
Date
TASK
29 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.
6/6/2022
(Task completion to
be verified)
TASK
30 The enforcement ordinance will be effective.
6/6/2022
(Task completion to
be verified)
Section 18989.2 Model Water Efficient Landscape Ordinance The Jurisdiction will adopt an ordinance or other enforceable mechanism requiring compliance with MWELO.

Task # Description Target Completion
Date
TASK
31 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with MWELO.
6/6/2022
(Task completion to
be verified)
TASK
32 The ordinance will be effective.
6/6/2022
(Task completion to
be verified)
Section 18991.1. Jurisdiction Edible Food Recovery Program The Jurisdiction will implement all aspects of its Edible Food Recovery Program.

Task # Description Target Completion
Date
TASK
33 The Jurisdiction will identify/contract with designee who will be conducting inspections for the jurisdiction’s edible food program.

Task 33a: Begin Request for Proposal Process. Task 33a: 4/1/2023 Corrective Action Plan

Task 33b: Award designee. Task 33b: 7/1/2023
TASK
34 The Jurisdiction will monitor commercial edible food generator compliance and enforce the commercial edible food generator requirements
9/1/2023
TASK
35 The Jurisdiction will increase commercial edible food generator access to food recovery organizations and food recovery services.
9/1/2023
Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction edible food recovery program.

Task # Description Target Completion
Date
TASK
36 The Jurisdiction will identify/contract with designee who will be implementing recordkeeping requirements.

Task 36a: Begin Request for Proposal Process.

Task 36b: Award designee.

Task 36a: 4/1/2023
Task 36b: 7/1/2023
TASK
37 The Jurisdiction will establish a system for documenting and compiling records related to the edible food recovery program for recordkeeping and reporting.
9/1/2023
TASK
38 The Jurisdiction will begin tracking and compiling
documentation and include the following at a minimum:
• A list of commercial edible food generators in the
jurisdiction that have a contract or written agreement with food recovery organizations or services pursuant to
section 18991.3.
• A list of food recovery organizations and food recovery services in the jurisdiction and their edible food recovery capacity.
• Documentation of the actions taken to increase edible food recovery capacity.
10/31/2023
Section 18992.1. Organic Waste Recycling Capacity Planning The Jurisdiction will conduct Organic Waste Recycling Capacity Planning.

Corrective Action Plan

Task # Description Target Completion
Date
TASK
39 The Jurisdiction will conduct the following and provide the information necessary to comply with the Requirements to CalRecycle and the County:
a. Estimate the amount of all organic waste in tons that will be disposed by the county and jurisdictions within the
county.
b. Identify the amount in tons of existing, new, or expanded organic waste recycling infrastructure capacity, located both in the county and outside of the county that is
verifiably available to the county and jurisdictions located within the county.
c. Estimate the amount of new or expanded organic waste recycling facility capacity that will be needed to process the organic waste identified pursuant to subdivision (a)(1) in addition to the existing capacity identified in
Subdivision (a)(3).
8/1/2022
(Task completion to
be verified)
Section 18992.2. Edible Food Recovery Capacity
The Jurisdiction will conduct Edible Food Recovery Capacity Planning.

Task # Description Target Completion
Date
TASK
40 The Jurisdiction will provide the information necessary to comply with the requirements of Article 11:
a. Estimate the amount of edible food that will be disposed by commercial edible food generators that are located
within the county and jurisdictions within the county.
b. Identify existing capacity at food recovery organizations that is available to commercial edible food generators
located within the county and jurisdictions within the
county.
c. Identify proposed new or expanded food recovery
organizations and food recovery services that will be
used to recover edible food identified.
d. Identify the amount of new or expanded capacity, if any, at food recovery organizations and food recovery
services that is necessary to recover the edible food that is estimated to be disposed by commercial edible food
generators.
8/1/2022
(Task completion to
be verified)
Corrective Action Plan

Section 18993.1. Recovered Organic Waste Product Procurement Target The Jurisdiction will procure organic waste products to meet its procurement target.

Task # Description Target Completion
Date
TASK
41 The Jurisdiction shall identify additional procurement opportunities within its departments and divisions for expanding the use of recovered organic waste products.

Task 41a: Work with Parks Department to determine additional opportunities for compost and mulch use.

Task 41b: Work with private haulers to secure opportunities to purchase mulch and compost.

Task 41c: Investigate additional opportunities for direct service provider agreements.

Task 41d: Identify sources of SB 1383 compliant RNG and purchase when available.

Task 41a:
10/30/2023
Task 41b: 12/1/2023
Task 41c: 12/1/2023
Task 41d: 12/1/2023
TASK
42 The Jurisdiction will meet regulatory procurement targets established by CalRecycle pursuant to 14 CCR section
18993.1; enforcement of this provision by CalRecycle will be consistent with the legislative directives in PRC section 42652.5 (a)(5)(B) and 42652.6, as amended in AB 1985 (R. Rivas, Chapter 344, Statutes of 2022).
1/1/2024
Section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
The Jurisdiction will establish recordkeeping related to recovered organic waste procurement.

Task # Description Target Completion
Date
TASK
43 The Jurisdiction will include all documents supporting compliance with Article 12 of the Regulations in their
implementation record.
10/31/2023
Section 18993.3. Recycled Content Paper Procurement Requirements Corrective Action Plan

The Jurisdiction will procure paper products, and printing and writing paper, consistent with the Requirements.

Task # Description Target Completion
Date
TASK
44 The Jurisdiction will update its recycled content paper procurement policy. 8/1/2023
TASK
45 The Jurisdiction will research and identify vendors with paper products meeting the requirements of sections 22150-22154 of the Public Contract Code and ensure paper products and
printing and writing paper is eligible to be labeled with an unqualified recyclable label as defined in Code of Federal Regulations (CFR) Section 260.12.
8/1/2023
TASK
46 The Jurisdiction will procure paper products, and printing and writing paper meeting the Requirements. 8/1/2023
Section 18993.4. Recordkeeping Requirements for Recycled Content Paper The Jurisdiction will establish recordkeeping related to recycled content paper procurement.

Task # Description Target Completion
Date
TASK
47 The Jurisdiction will establish a system for tracking purchases for recordkeeping and reporting. 7/1/2023
TASK
48 The Jurisdiction will begin tracking and compiling
documentation, including but not limited to the following:

1. Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by
volume and type for all paper purchases.

2. Copies of all certifications or other verification required. 7/1/2023

COMPLIANCE REVIEW, ENFORCEMENT, AND RELEASE

4. Communications. All approvals and decisions of CalRecycle regarding notifications will be communicated to the Jurisdiction in writing by the Branch Chief, Jurisdiction and Agency Compliance and Enforcement Branch, Waste Permitting, Compliance Corrective Action Plan

and Mitigation Division, or the Branch Chief’s designee. No formal advice, guidance, suggestions, or comments by CalRecycle regarding reports, plans, specifications, schedules, or any other writings by Jurisdiction shall be construed to relieve the Jurisdiction of the obligation to obtain such formal approvals as may be required.

4.1 Submittal. All reporting from the Jurisdiction described in section 3 (Schedule for Compliance), paragraph 3.f, shall be submitted through an online portal or compliance module developed by CalRecycle with instructions provided to Jurisdiction. All other communications from the Jurisdiction according to this CAP shall be sent in writing electronically to:

Eugene Clarke
[email protected]

4.2 Compliance Review. At the end of the oversight period or at any time deemed appropriate by CalRecycle, CalRecycle will meet with the Jurisdiction to assess the Jurisdiction’s CAP implementation efforts and to determine whether or not the Jurisdiction has timely complied with all commitments in all sections of this CAP. If requested by the Jurisdiction, CalRecycle has discretion to issue notice of a hearing at any time upon its staff’s recommendation that the Jurisdiction has completed the conditions of the CAP. In accordance with PRC section 42652.5, failure to implement programs and or comply with all sections of the CAP at any time may result in CalRecycle’s revocation of its approval of the Notification and CAP and imposition of administrative civil penalties retroactively to the date of violation in 2022, for administrative civil penalties accruing in 2023, and for administrative civil penalties accruing during any other additional time covered by the Notification and CAP. These potentially applicable penalties are described in Section 5.0 of this CAP.

4.3 CalRecycle Review and Approval: If CalRecycle determines that any report, plan, schedule, or other document submitted for approval pursuant to this CAP fails to comply with the Notification as amended by this CAP or fails to achieve successful implementation of the Regulations, CalRecycle may:
a. Amend the CAP as appropriate to remedy the violations of the Regulations expeditiously, and/or
b. Serve a notice that CalRecycle will revoke approval of the Notification and consider the imposition of penalties in accordance with Title 14 CCR sections 18997.3, 18997.5, and 18997.6.

4.4 Extension Request and Other Task Modification Requests: If the Jurisdiction determines that it will be unable to perform any activity or submit any document within the time required under this CAP, the Jurisdiction may, as far in advance of the due date as possible, request an extension of time in writing. The extension request shall include a justification for the delay. If the Jurisdiction finds that a task Corrective Action Plan

required by this CAP in Section 3.1 is not feasible, despite the Jurisdiction’s best and substantial efforts, the Jurisdiction may propose an alternative task that is substantially similar or equally effective to the original task, subject to the approval of CalRecycle. The modification request shall include an explanation of the infeasibility, an explanation of how the alternative task is substantially similar or equally effective, and a justification for any extension of time associated with the change.

4.5 Extension and Other Task Modification Approvals: If CalRecycle determines that good cause exists for an extension, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule. If CalRecycle determines that good cause exists for the change in task because the original task is infeasible and the alternative task is substantially similar or equally effective, it will grant an approval and extension as appropriate and specify in writing the new task; additionally, if CalRecycle determines that good cause exists for any extension associated with the change in task, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule.

4.6 Compliance with Applicable Laws: The Jurisdiction shall carry out this CAP in compliance with all Local, State, and Federal requirements, including but not limited to requirements to obtain necessary permits.

4.7 Liability: Nothing in this CAP shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of the Jurisdiction, including for violations of the Regulations that were not disclosed in the Notification and any violations of the Regulations that the Jurisdiction fails to remedy notwithstanding commitments in the Notification and this CAP.

4.8 Government Liabilities: The State of California and CalRecycle shall not be liable for injuries or damages to persons or property resulting from acts or omissions in carrying out activities pursuant to this CAP, nor shall the State of California be held as a party to any contract entered into by the Jurisdiction or its agents in carrying out activities pursuant to the CAP. The Jurisdiction shall indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting in connection with the performance of this CAP.

4.9 Parties Bound: This CAP shall apply to and be binding upon the Jurisdiction and upon CalRecycle and any successor agency (regional agency, etc.) that may have responsibility for, and the authority over, the subject matter of this CAP.

Corrective Action Plan

PENALTY

5. Penalties, if any, shall be assessed and calculated in accordance with the provisions of PRC 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Penalties shall be calculated based on the factors set out in section 18997.3 and may be as much as $10,000 per day per violation for the duration of the violation(s).

5.1 Penalty Procedures. Penalty, if any, shall be imposed in accordance with the procedures and methodology set out in PRC section 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Regulatory violations that are considered “minor,” meaning they involve violations constituting minimal deviation from regulations, shall be subject to penalties of no less than five hundred dollars ($500) per violation and no more than four thousand dollars ($4,000) per violation per day; “moderate” violations are subject to no less than four thousand dollars ($4,000) per violation and shall be no more than seven thousand five hundred dollars ($7,500) per violation per day; and “major” violations, are subject to penalties no less than seven thousand five hundred dollars ($7,500) per violation per day and no more than ten thousand dollars ($10,000) per violation per day. The following types of deviations are deemed to be “major” under the regulations for the purposes of assessing penalties:
a. Failure to have any ordinance or similarly enforceable mechanism for organic waste disposal reduction and edible food recovery.
b. Failure to have a provision in a contract, agreement, or other authorization that requires a hauler to comply with the requirements the Regulations. c. Failure to have an edible food recovery program.
d. Failure to have any Implementation Record.
e. Implementation or enforcement of an ordinance, policy, procedure, condition, or initiative that is prohibited under Title 14 CCR sections 18990.1 or 18990.2. f. Failure to submit the reports required in Title 14 CCR sections 18994.1 and 18994.2.

EFFECTIVE DATE

6. Issuance. This Corrective Action Plan is final and effective from the date of issuance.

6.1 Date of Issuance February 28, 2023
Mark de Bie, Deputy Director
Waste Permitting, Compliance and Mitigation Division
Department of Resources Recycling and Recovery

Proposal Submitted by
Bell & Associates, Inc.

Solid Waste & Recycling Consultants
Financial Analysis of
Recology's Rate Application
& Financial Analysis of
Recology's Cost Proposal to
Provide SB 1383 Services
for City of Fortuna

April 21, 2023
Proposal for Financial Analysis of Recology's Rate Application & Financial Analysis of Recology's Cost Proposal to Provide SB 1383 Services for City of Fortuna Bell & Associates is pleased to submit a proposal to complete a Financial Analysis of Recology's Solid Waste and Recycling Rate Application and Financial Analysis of Recology's Cost Proposal to Provide SB 1383 Services for City of Fortuna. The focus of the analysis is to ensure that the information submitted by Recology represents the financial and operational cost of providing services and that the information has been prepared per generally accepted accounting principles. Bell & Associates specializes in the financial and operational analysis of integrated solid waste management and our primary purpose is to serve state and local governmental agencies.

This proposal outlines our firm's capabilities, staff experience, method of approach, and proposed cost of services.

This project involves the following key tasks for the City of Fortuna:

1. Complete a Financial Analysis of Recology’s recently submitted Rate Application to assess the accuracy of data, analysis of operations, review assumptions, and calculation of costs, and provide a report of findings and recommendations for jurisdiction staff.

2. Complete a Financial Analysis of Recology’s Cost Proposal for Providing SB 1383 Services to assess the accuracy of data, analysis of operations, review assumptions, and calculation of costs, and provide a report of findings and recommendations for jurisdiction staff.

For the City of Fortuna, the cost to complete this project is $12,373 and details are provided herein. Per direction from City of Fortuna, we will work in close coordination with Kathleen Gallagher who is working closely with each jurisdiction on SB 1383 compliance, assisting with franchise agreement negotiations with Recology and providing technical expertise to ensure industry standards and best practices are included in the new franchise agreement that is currently under development. Kathleen will participate in meetings, be copied on emails/correspondence, and be an additional point of contact for the jurisdictions as directed by city staff. Chris Bell, CPA, will be the primary point of contact for this financial analysis work and brings over 25 years of progressive accounting experience, from auditing and financial reporting to costing and budgeting. The resources required to perform the services described in this proposal will be available over the life of the contract. Don't hesitate to contact me with questions or comments concerning this proposal.

Sincerely,
Christopher J. Bell
Bell & Associates, Inc.

Solid Waste & Recycling Consultants

Table of Contents
Section 1: Qualifications and Experience .......................................................................................... 1

1.1 Bell & Associates ................................................................................................................ 1

1.2 Project Personnel ................................................................................................................ 1

1.3 Financial and Operational Project Experience .................................................................... 2

1.4 Rate Setting and Solid Waste Project References ............................................................. 3 Section 2: Technical Proposal ........................................................................................................... 4 Section 3: Cost Proposal ................................................................................................................... 8 Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 1 Section 1: Qualifications and Experience

1.1 Bell & Associates
Bell & Associates, Inc. is a consulting firm specializing in the financial and operational analysis of integrated solid waste management. Founded in 2003 by a licensed Certified Public Accountant, our primary purpose is to serve the waste/recycling needs of state and local governmental agencies, municipalities, and tribal communities. Located in Camas, Washington, our client base of public and private companies extends from Washington to New York and from Alaska to Florida. Bell & Associates has completed over 350 waste and recycling projects since its inception, primarily focusing on the economics of the waste and recycling industry. Areas of expertise include waste industry systems and operational analysis, rate review and rate setting, compliance services, alternative fuels, financial auditing, long-term planning, program analysis, project implementation, franchise procurement, training, and outreach.

During the previous 12 months, Bell & Associates completed the following projects:
 Reviewed the operational and financial results of over 36 private and municipal solid waste collection companies for 19 municipalities,
 Assisted Oregon DEQ with the financial modeling for the extended producer responsibility law,  Calculated the Cost of Service for a regional transfer system and material recovery facility in SW Washington,
 Audited the financial and operational performance of two collection companies,  Set waste and recycling collection rates for over 300,000 residential and 17,500 commercial customers in 16 jurisdictions,
 Assisted five jurisdictions and one regional agency with solid waste management planning, and  Calculated the transportation costs for a county-operated transfer system.

1.2 Project Personnel
Chris Bell, CPA, will be the Project Manager and primary point of contact on this engagement. Mr. Bell is a Certified Public Accountant (Oregon license #10,451) practicing in integrated solid waste management, emphasizing the financial analysis and operational evaluation of waste and recycling collection systems. He has assisted numerous public and private entities with setting collection rates, planning, program implementation, financial and performance audits, procurement, and facility and systems analysis.

Before solid waste consulting, Mr. Bell served as Assistant Divisional Controller for Waste Management of Oregon.

His responsibilities as controller include the monthly financial close, annual budgeting, balance sheet reconciliation, corporate reporting, operational performance analysis, audit preparation, and municipal / franchise reporting for three separate collection companies and two transfer stations. In addition, Mr. Bell oversaw fixed assets and accounts payable for all six Oregon / Southwest Washington collection companies.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 2

1.3 Financial and Operational Project Experience
Jurisdiction and State Project(s) / Date
Oregon Dept. of Environmental Quality EPR System Implementation Studies 2020-2023 City of Hoboken, New Jersey Zero Waste Management Plan 2022-23 City of Indianapolis Cost of Service Study / Solid Waste Planning / 2021 Clackamas County, Oregon Annual Rate Review / Cost of Service Rate Setting /2002-23 City of Albuquerque, New Mexico Annual Rate Analysis and Rate Reporting / 2009 to 2023 Clark County, Washington SW System Planning / MRF and Transfer Station Costing /2023 Port of Longview, Longview, Washington Alternative Fuels Study / 2020 Deschutes County Transfer System Cost and Operational Analysis / 2022 Washington Utilities & Trans. Commission Review of Solid Waste Rate Methodology / 2013 City of Flagstaff, Arizona MRF Feasibility Study / SW Planning / 2019-23 City of Sandy, Utah Transfer System Business Plan / 2010 and 2018 City of Los Angeles, California Commercial Franchise Rate Method / Procurement / 2014 City of Sammamish S.W. Collection Contract Compliance Review / 2020 City of Yakima, Washington Collection Rate Setting / Recycling Processing Study / 2013-23 Lincoln County, Oregon Material Management Solid Waste Plan / 2018 City of Bellevue, Washington S.W. Collection Contract Compliance Audit / 2008 to 2016 City of Boise, Idaho S.W. Management Plan / S.W. Procurement Analysis / 2007 Yamhill County, Oregon Landfill Disposal Alternatives Study / 2012 City of Mercer Island, Washington Rate Review / S.W. Consulting / 2008 to 2014 Silver City, New Mexico S.W. System Analysis / Program Implementation / 2005 City of Laramie, Wyoming S.W. Rate Setting / Recycling Service Procurement / 2010-16 Kodiak Island Borough, Alaska S.W. Management Plan / Service Procurement / 2008-09 Colville Confederated Tribes, Washington S.W. Collection and Cost Assessment / 2008-10 City of Richland, Washington S.W. System Analysis and Rate Setting / 2010-12 Santa Fe SWMA, Santa Fe, New Mexico S.W. Management Plan / 2011 Wyoming Planning Areas, Wyoming S.W. Management Plans (21 plans) / 2008 to 2010 City of Salem, Oregon S.W. Collection Analysis and Rate Setting / 2003 to 2020 Lane County, Oregon Program Technical Review / 2012
Yakima County, Washington Landfill Rate Study / S.W. Management Plan / 2006 City of Moses Lake, Washington S.W. Cost of Service Study 2016 Tillamook County Solid Waste Management Plan / HHW Plan 2012 Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 3

1.4 Rate Setting and Solid Waste Project References
Clackamas County Annual Collection System Financial / Operational Review and Rate Setting Client: Clackamas County, Oregon ~ Reference: Rick Winterhalter, Ph. 503-742-4466 Mr. Bell has performed this county's annual solid waste review since 2001. The financial and operational review consists of 11 separate hauling companies serving the county's 46,300 residential and 2,100 commercial customers in the county’s unincorporated urban and rural areas. The county covers 1,879 square miles and is segregated into four distinct regions.

City of Yakima Cost of Service Study for Waste and Recycling Collection Client: City of Yakima, Washington ~ Reference: Loretta Zammarchi, Ph. 509-307-0456 Bell & Associates assisted the City's solid waste division with a full cost of service study in 2013. Before the study, the solid waste fund balance was close to zero, and the rates were not generating enough revenue to sustain operations and fund truck replacement. The study calculated the full cost of services and recommended a rate structure to fully fund operations and replace the aging fleet. Mr. Bell has assisted the City of Yakima with the annual review of costs for collection operation, calculation of the rate impacts, and other program changes since the initial study.

City of Albuquerque Annual Cost of Service Study and Rate Setting Client: Albuquerque Solid Waste Department, Albuquerque, New Mexico Reference: Jill Holbert, Deputy Director, Ph. 505-761-8342 The City of Albuquerque's Solid Waste Department is a vertically integrated system that provides collection and disposal services to 180,000 residential and 11,000 commercial customers. The Department's annual budget is over $75 million. Bell & Associates has assisted the City of Albuquerque by calculating the City's cost of service rates since 2009. The rate reporting process coincides with the annual budget review. The report provides the Solid Waste Department with the ability to communicate program costs and proposed rate changes to the City Council for the upcoming fiscal year. Over the last 13 years, Mr. Bell has completed the current system's annual financial review and cost modeling.

Oregon DEQ / Improving Oregon Recycling Systems Infrastructure Client: Oregon DEQ ~ Reference: David Allaway, Ph. 503-229-5479 Mr. Bell was a sub-consultant to Cascadia Consulting and assisted Oregon DEQ with cost modeling for the state's recycling infrastructure and program costs. Data points from collection and processing operations throughout Oregon were analyzed and aggregated to estimate alternative system scenarios' cost and operational impacts.

DEQ utilized the project's findings to assist with drafting Senate Bill 582, which became Oregon's extended producer responsibility law.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 4 Section 2: Technical Proposal
Project Understanding
The project consultant’s primary objective is to assist the City of Fortuna (and City of Eureka, Arcata and County of Humboldt) in completing a financial assessment of Recology’s recent rate application and to complete an assessment of the SB 1383 services cost proposal submitted by Recology. This project is accomplished by reviewing the rate application /rate request submitted by Recology and other supporting information to determine the cost of providing solid waste, organics, and recycling collection services within the jurisdiction. Additionally, Bell & Associates will complete the financial assessment of Recology's SB 1383 cost proposal to assess fairness, accuracy, and transparency. Bell & Associates utilizes an in-depth and proven work plan to complete these tasks.

This project involves the following for the City of Fortuna:
 Complete a Financial Analysis of Recology’s recently submitted Rate Application to assess the accuracy of data, analysis of operations, calculation of costs, review assumptions, calculation of costs, and provide a report of findings and recommendations. Evaluate Recology's current waste management operations to calculate the service cost. Since Recology serves several jurisdictions within the county, many of the expenses incurred by Recology are shared between these jurisdictions. Therefore, calculating the service cost will require allocating the costs between Recology’s cities and county operations, which provides the cities and Humboldt County an opportunity to combine resources to complete this project.  Complete a Financial Analysis of Recology’s Cost Proposal for Providing SB 1383 Services to assess the accuracy of data, analysis of operations, calculation of costs, review assumptions, and calculation of costs, and provide a report of findings and recommendations.

Understanding the total company costs provided by Recology and the methods used to allocate expenses across collection territories is critical because one company provides waste, organics, and recycling collection. Therefore, the reported service cost to cities and the county's unincorporated areas is calculated by allocating costs based on specific operational components such as collection hours, collected material volumes, and customer counts.

The first objective of this project is to review the current rate application submitted by Recology and complete a financial assessment to establish the current baseline cost for collection services by the line of business; residential, commercial, and roll-off for each jurisdiction. The second objective is to review the cost proposal submitted by Recology for SB 1383 services and their method to calculate the additional costs to provide services to comply with SB 1383 service requirements.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 5 Project Management
Project management oversight is conducted to keep the project on schedule and within budget, communicate project status and issues to the City’s Project Manager, and provide a single point of contact. Project management is crucial in delivering our services on time and within budget. Bell & Associates, Inc. has an outstanding record of accomplishment in meeting our client's budget and schedule expectations. Our list of repeat projects is a testament to our success. We have developed an effective project management approach that is responsive and includes the following activities:
• Comprehensive project task planning with the Senior Program Manager and the hauler's representatives • Open communication with the Senior Program Manager and the hauler's representative • All changes in project scope are documented and approved by the City’s Senior Program Manager • Review of adjustments by the Senior Program Manager and hauler representative Communications between the City’s Project Manager and the hauler representatives will occur primarily via email to ensure all parties have a written record of correspondence. All decisions and action items resulting from verbal communications will be documented in a memo or email and provided to the City’s Project Manager for review and concurrence.

Reports, spreadsheets, and other data will be prepared using Microsoft products (Excel, Word, and PowerPoint) and transmitted electronically. Mr. Bell utilizes methods that summarize the critical data and make the complex reports understandable to all stakeholders. As a result, all stakeholders will know the issues addressed during the rate application financial assessment/rate review and the SB 1383 cost proposal financial assessment. In addition to electronic transmission, meetings will be scheduled either virtual or in-person as needed to complete the project.

Schedules for projects with government agencies are usually dynamic due to the input from elected officials and the public input process. Our approach to these projects is to get direction and buy-in from the decision-makers early in the process, which maintains the project budget and schedule. Staying within the budget is completed through a comprehensive scope of work based on the client's needs.

Financial Assessment of Recology’s Rate Application
Task 1: Data Request and Informational Review
The rate application requests submitted by Recology to each jurisdiction will be reviewed and analyzed. A formal information request will be submitted to Recology, through each jurisdiction, for supporting documents and operational information to substantiate the baseline costs. Additional information will include, but not limited to, the following: operational costs, customer data, equipment depreciation schedules, disposal/recycling tonnages, and administrative costs. Mr. Bell will make a data request to the cities and Humboldt County staff for the collection franchise agreements with Recology and any local solid waste regulations. Kathleen Gallagher will be the point of contact for jurisdictions and will be included in meetings and email/correspondence.

Develop an Excel cost of service cost/rate model based on Recology’s submission. The model will allocate costs based on the operations of Recology within Humboldt County.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 6 Task 2: On-Site Report Verification
The objective of the on-site review is to ensure that the submitted information represents the financial and operational cost of providing service and that the information has been prepared per generally accepted accounting principles. A standard list of requested source documents necessary for the review will be sent to the contact person at Recology so they can have this information ready for inspection. The following is a summary of the on-site activities:

1. Trace reported revenue to the billing register and verify reported customer counts.

2. Trace reported expenses to the general ledger.

3. Trace significant expenses to copies of the invoices.

4. Compare labor costs, such as employee wages and health insurance, to the payroll documents.

5. Trace reported truck hours used to allocate costs to the route-level data within Recology's cost model.

6. Compare productivity between routes and between jurisdictions.

7. Make inquiries of the people who prepared the report (typically, these people are present during the review)

8. Recalculate significant figures.

9. Review related party transactions and internal costs for reasonableness.

Recology’s cost allocation model is assumed to be complex; therefore, a significant amount of time will be spent mapping the flow of data, reviewing the logic of the allocations, and testing the input and output data that generates the cost for each jurisdiction. Past issues with the collection models included route splits, miscoded tons, and specific jurisdictional costs allocated across the company’s area of operations.

Task 3: Analytical Procedures
Analytical procedures are utilized to determine if the reported results are reasonable for the hauler's customer mix and collection areas. The following are examples of the procedures used:

1. Using a predictive test of revenue for each line of business, ensure the reported revenues are reasonable for the number of reported customers.

2. Based on the market conditions for the reviewed year, determine if recycling costs/revenue from the sale of material is reasonable based on the reported customers.

3. Using the reported Direct Cost line items, determine if the expense is reasonable in relation to the customer and operational data submitted for the rate increase.

4. Determine if the reported disposal costs for waste, recycling, and yard debris are reasonable using a predictive test of disposal cost.

5. Using the reported administrative costs, determine if the expense is reasonable in relation to the customer data.

6. Compare the reported results of the total company to the results for each jurisdiction.

The output of the procedure will be utilized to develop the operational assumptions used to calculate the services required to comply with SB 1383 and be included as part of the financial assessment of Recology’s SB 1383 Cost Proposal.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 7 Task 4: Adjusting the Reports
After the analysis of the reports has been completed, Mr. Bell will send a list of possible adjustments and questions about the report. Each adjustment will be discussed with all stakeholders before being posted to a baseline cost model. Once the adjustments have been posted, the adjusted financial results by service type will be compiled and reported, and submitted to the project manager(s) and the hauler's representatives. If adjustments are necessary to keep Recology within the franchises’ allowable margin, then rates will be adjusted to the service cost for each line of business. Note: The product of the first four tasks will generate a service cost for the jurisdiction.

Financial Assessment of SB 1383 Cost Proposal Submitted By Recology Task 5: / Financial Assessment of Recology’s Proposal for SB 1383 Services Bell & Associates will complete a review of the cost proposal submitted by Recology for providing SB 1383 services, which requires the analysis of operations, calculation of costs, and accuracy of the data submitted. Each jurisdiction will require a different mix of services to comply; however, the baseline costs and operational assumptions developed during the rate review will be utilized for this project phase.

Task 6: Report the Findings / Meeting with City staff and Recology staff A summary report of the Rate Application and the SB 1383 Cost Proposal findings, costs, and rates for each service, conclusions, and recommendations based on work completed in the first six tasks will be completed. The initial draft report will be prepared for jurisdiction and CSG staff review and input, and the second draft will include jurisdiction and CSG staff comments and edits and jurisdiction staff may choose to include the full report for inclusion in a staff report that can be submitted to jurisdiction management.

Financial Assessment of Recology Rate Application and Recology SB 1383 Cost Proposal Page 8 Section 3: Cost Proposal
The following tables are based on the assumption that we will receive an adequate and responsive level of assistance from the staff at Recology. Responsiveness includes preparation of the requested information, completeness of requested information, prompt replies to inquiries, and submission for additional information. The fees for the Financial Assessment of the Rate Application submitted by Recology and the Financial Assessment of the SB 1383 Cost Proposal submitted by Recology are based on the estimated time to complete the proposed scope of work detailed in Section 2 of this proposal and are detailed in the following table.

Table 1: Financial Assessment of Recology’s Rate Application Budget Task Description Hours Cost
Project Management 12 $2,460
1 Data Request / Review / Cost Model Development 26 $5,330 2 On-site Report Verification 30 $6,150
3 Analytical Procedures 20 $4,100
4 Adjusting the Report 24 $4,920
Contingency 20 $4,100
Total Project Hours 112 $27,060
Travel Total to Eureka to Complete Site Visit $1,555
Total Financial Assessment Cost $28,615
Table 2: Financial Assessment of SB 1383 Cost Proposal Submitted by Recology (Per Jurisdiction) Task Description Hours Cost
5 Projection of Costs / SB 1383 Rate Calculations 16 $4,920 6 Report the Findings / Stakeholder Meetings 20 $4,920
Contingency 10 $2,460
Total SB 1383 Cost Analysis / Rate Calculation Totals 46 $9,430 It is assumed the four jurisdictions will share the above costs based on the customer account allocation:

Jurisdiction Financial Analysis of Rate
Application
Financial Analysis of Cost
Proposal for SB 1383 Services
Total
Fortuna $2,943 $9,430 $12,373
At the jurisdictions’ discretion, additional on-call technical assistance/consulting work can be completed by Mr. Bell.

The on-call technical assistance will be invoiced at the same hourly rate as the financial analysis. If additional consulting work is requested by the cities or County, a detailed scope and budget will be submitted to the jurisdiction’s Project Manager for approval prior to the commencement of the requested tasks.

P R O P O S A L T O T H E
City of Fortuna
F O R
Franchise Agreement Negotiation
Support and SB 1383 Compliance Assistance

P R E P A R E D B Y
CSG Consultants, Inc.

June 2, 2023
550 Pilgrim Drive, Foster City, CA 94404
phone 650.522.2500 | fax 650.522.2599 | www.csgengr.com Foster City • Pleasanton • San Jose • Sacramento • Newman • Paso Robles •Orange

CSG PROPOSAL TO THE CITY OF FORTUNA
550 Pilgrim Drive, Foster City, CA 94404
phone 650.522.2500 | fax 650.522.2599 | www.csgengr.com Cover Letter
June 2, 2023
Merritt Perry, City Manager
City of Fortuna
621 11th Street
Fortuna, CA 95540
Re: Updated Proposal to Complete Franchise Agreement Negotiation and SB 1383 Compliance Assistance
Dear Mr. Perry,
Thank you for your feedback on June 2, 2023, regarding our proposal for Franchise Agreement Negotiation and SB 1383 Compliance Assistance for the City of Fortuna. This proposal is updated based on that conversation and we look forward to providing the City with franchise agreement negotiation support to ensure the City’s new franchise agreement meets SB 1383 requirements and other state mandates cost-effectively and includes industry standards and best practices.

Kathleen Gallagher will serve as the Project Manager, and she brings over 29 years of sustainability program management and waste management experience. Since SB 1383 regulations were approved, she has assisted several jurisdictions to be SB 1383 compliant and has worked to become an SB 1383 subject matter expert. You will find Ms. Gallagher’s resume in this proposal. Ms. Gallagher’s contact information is as follows:

Kathleen Gallagher, Senior Sustainability Manager
550 Pilgrim Drive, Foster City, CA 94404
(650) 489-9097 mobile | [email protected]
The attached scope of work will be provided to the City on a not to exceed basis of $22,000 and details are included in the scope of work. Please feel free to contact Ms. Gallagher with any questions or comments you may have regarding our proposal.

We look forward to providing these services to the City of Fortuna.

Sincerely,
Cyrus Kianpour, PE, PLS
President, CSG Consultants, Inc.

CSG PROPOSAL TO THE CITY OF FORTUNA
2 Firm Profile
CSG Consultants, Inc. (CSG) is an employee-owned, California company with our corporate and local office in Foster City and additional offices in Pleasanton, San Jose, Sacramento, Newman, Fresno, Paso Robles, and Orange. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest. In this way, we can focus exclusively on the specific needs of our municipal clients. The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel bring a wealth of ideas and experiences, having held positions with communities facing similar development opportunities as the City of Fortuna.

NAME OF FIRM: CSG Consultants, Inc.

PROJECT CONTACT: Kathleen M Gallagher, Principal Senior Sustainability Manager

HEADQUARTERS &
LOCAL OFFICE:
550 Pilgrim Drive, Foster City, CA 94404
(650) 522-2500
REGIONAL OFFICES: 3875 Hopyard Road, Suite 141, Pleasanton, CA 94588 3150 Almaden Expressway #255, San Jose, CA 95118
1303 J Street, #270, Sacramento, CA 95814
930 Fresno Street, Newman, CA 95360
5151 N. Palm Avenue, Suite 530, Fresno, CA 93704
806 9
th Street, Suite 2A, Paso Robles, CA 93446
3707 W. Garden Grove Boulevard, #100, Orange, CA 92868
YEARS IN BUSINESS: 32 • Founded in 1991
EMPLOYEES: 350+
TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000, • Federal ID: 91-2053749

CSG PROPOSAL TO THE CITY OF FORTUNA
3 Comprehensive Municipal Services
CSG is customer-centric and organized into the lines of business outlined below, each managed by experts in their respective fields.

PLA NNIN G &

SUS TAI NAB IL ITY
Climate Action Plan Development
Greenhouse Gas Reduction Program
Implementation
Energy Efficiency, Water Conservation
Program Implementation
Zero Waste Programs
CEQA Environmental Review
AB 32 Compliance
Grant Writing /Management
Staff Augmentation
Project Management Including Plan,
Zoning and Policy Amendments

PUB LIC WORK S

ENGIN EE RING & DE SIG N
Capital Improvement Project Design:

Transportation/Roadway, Water and
Sewer Utilities, Traffic Engineering
Development Review, Plan Check, Surveying
and Mapping, Storm Water Program
Compliance (NPDES, QSP/QSD)

BUI LDIN G & F IR E LI FE

SAF ET Y
Building Department Administration
Building Plan Review and Inspection
Fire Plan Review and Inspection
Structural Plan Review
OSHPD3 Review
CASp Assessment and Inspection
Public Facilities Assessment
LEED/Green Building Services
Code Compliance/Enforcement
Staff Augmentation

CIP P ROJ EC T & P ROGR A M

MAN AGE M ENT
Capital Improvement Program
Development and Implementation
Federal and State Grant Administration
Rule 20A Undergrounding.

Staff Augmentation Including: Design
Consultant Coordination, Project
Scoping, RFP Preparation

CONS TRU CTI ON

MAN AGE M ENT &

INS PEC TIO N
Contract Administration, including
Resident Engineer Oversight, Inspection
and Construction Management
Constructability/Biddability Reviews
Cost and Schedule Control
Claims Avoidance

INFO R MAT ION T ECHN OLO GY
GreenVue Software
Digital Plan Review
Electronic Archiving
Web-Based Construction Management Asset
Management
Project Management
GIS and IT Support
CSG Professionals Staff Composition
Our professional municipal services staff consists of the following types of professionals:
 Sustainability Professionals  Civil Engineers
 Planning & Environmental Professionals  Grading Improvement Plan Reviewers & Inspectors  Building Plan Reviewers & Inspectors  Construction Managers  Fire Plan Reviewers & Inspectors  Construction Inspectors  Structural Engineers  Information Technology Professionals  Plan Review Engineers  Certified Access Specialist Professionals (CASp)  Building Officials  Code Enforcement Officers

CSG PROPOSAL TO THE CITY OF FORTUNA
4 Scope of Work
Task 1: Project Initiation, document review and meeting with City staff regarding the city’s current franchise agreement, quarterly/annual reports from Recology, CalRecycle Annual Report, communication from Recology and CalRecycle regarding the Compliance Action Plan (CAP). Discuss City of Fortuna’s current collection programs, routes, accounts and process, CalRecycle Electronic Annual Report (EAR), Recology quarterly/annual reports, the current rate application, and prior discussions with Recology regarding their franchise agreement. Prepare agenda, questions, summary documents regarding the City’s service area gaps and compliance gaps. Request additional data needed from city staff. Prepare timeline for project based on feedback from City staff.

Task 2: Complete Analysis of Recology’s Data, CalRecycle’s CAP, and Provide Technical Assistance in Franchise Agreement Negotiation Meetings to ensure City’s Franchise Agreement includes SB 1383 compliant programs and includes current industry standards. Complete analysis of data provided by Recology, and complete analysis and timeline from CalRecycle’s Compliance Action Plan to ensure compliance with new franchise agreement for City staff consideration and review. This task includes analysis of data provided by Recology that contains disposal and diversion data, routes, and accounts for residential, commercial, city sector data, and other data specific to City of Fortuna. Provide summary assessment to City staff of analysis. This task also includes developing documents, completing analysis, and drafting agendas for meetings with Recology. Prepare questions for Recology prior to each meeting for Recology and discuss with City staff prior to each meeting.

Task 3: Provide analysis of SB 1383 programs and relation to cost proposal submitted by Recology and provide summary of analysis to City staff. Meet with Recology staff and City staff to discuss proposal. Provide facilitation of data for City’s contracted staff to complete analysis of Recology’s SB 1383 Cost Proposal. Provide findings of analysis regarding Recology’s SB 1383 cost proposal to include questions regarding Recology’s rate assumptions, data used, profit, rate setting and other technical assistance to provide the City with a transparent cost proposal in coordination with city staff and city contracted staff. Participate in meetings with Recology to support the City in achieving cost effective programs that meet state mandates and include industry standards and best practices.

Task 4: Complete analysis of Recology’s draft franchise agreement provided on March 22, 2023, and prepare redlined franchise agreement for city staff review. Provide redlined document that includes SB 1383 programs and services that align with current industry standards and include additional redlined sections to include diversion requirements and liquidated damages for non-compliance, current industry standards for reporting requirements and customer service requirements, and other requirements. Redline franchise agreement to include fair and transparent hauler compensation and rate setting methodology. Meet with City staff and Recology to discuss redlined franchise agreement and achieve consensus on franchise agreement language.

CSG PROPOSAL TO THE CITY OF FORTUNA
5 Task 5: Provide recommendation and analysis for a new SB 1383 fee (as allowed and included in the SB 1383 regulations) to provide the City with a sustainable revenue stream for SB 1383 programs for inclusion in the new franchise agreement. CSG will develop analysis of a new potential SB 1383 fee (as allowed and included in the SB 1383 regulations) that could be included in the new franchise agreement to provide a sustainable revenue stream to fund City staff/programs to meet SB 1383 requirements such as reporting, procurement, technical assistance, monitoring, etc. The SB 1383 fee would be a ‘pass-through cost’ and would be independent of any franchise fee or other fees. CSG will provide draft analysis and recommendation for City staff review.

Task 6: Provide technical assistance at the direction of City staff on a time and materials basis per the cost per hour noted in the Scope of Work Cost on page 7. This task includes, upon direction by City staff, CSG staff can complete additional tasks on time and materials basis, per the hourly rate included in this Scope of Work Cost included on page 7. 6 Kathleen

CERTIFICATIONS & AFFILIATIONS
Joint Venture Silicon Valley Network,
Climate Protection Task Force
Pacific Energy Center Certification for
Energy Efficiency Auditing
AWARDS
Beacon Award Winner for
Sustainability Platinum
Beacon Award Winner GHG Reductions
for Community & Municipal

EDUCATION
Political Science, Natural Resources
University of Michigan | Ann Arbor, MI
Series 7 Financial Consultant
Certification

VALUABLE SKILLS
Climate Action Plan Development
Zero Waste/Recycling Management
Construction & Demolition
Recycling/CalGreen
CalRecycle Compliance
Energy Efficiency/Water Conservation
Public Education/Outreach
Environmental Preferable Purchasing
Policies
City Task Force Facilitation
Presentations to Elected Officials
Grant Writing
Gallagher
Principal/Senior Sustainability Manager
Ms. Gallagher is a Sustainability Programs Manager for CSG Consultants and has over 28 years of experience in Climate Action Planning, sustainability program development, recycling, and solid waste contract management. She has served as project manager for Solid Waste and Recycling Programs, Climate Action Plan (CAP) development, energy efficiency projects, grant administration, and water conservation projects for several Bay Area jurisdictions. Ms.

Gallagher has extensive experience working with City task forces, elected officials, city staff, and the residential and business community.

Currently, Ms. Gallagher serves as the Sustainability Programs Manager for the Town of Colma where she is updating the Climate Action Plan for 2030 GHG reduction targets. She manages the development/implementation of the Town’s Climate Action Plan (CAP). Her efforts earned the Town a Platinum Beacon Award from the Institute for Local Government for implementation of best practices for sustainability. Additional projects include serving as the recycling, organics, and solid waste program technical expert for the development of the Town’s Request for Proposal for recycling/solid waste collection. Ms. Gallagher served as the technical expert for development of the new franchise agreement with a special focus on commercial and organics diversion programs. Ms. Gallagher completes CalRecycle compliance reporting to meet AB 939, AB 341, SB 1383 requirements and facilitates CalRecycle staff audits.

Ms. Gallagher also provides Sustainability Program Management services for the Integrated Waste Management Program for San Benito County’s Regional Agency. Projects include managing landfill operating contract compliance and landfill diversion programs, managing compliance with mandates, contract administration for the franchised and non-franchised agreements, household hazardous waste programs, public education/outreach programs, providing technical assistance to the County staff and County committees, and managing grants for the Regional Agency. Ms. Gallagher also completes CalRecycle compliance reporting to meet AB 939, AB 341, SB 1383 and SB 1016 requirement and the CalGreen Construction and Demolition recycling requirements.

ADDITIONAL RELEVANT EXPERIENCE
Ms. Gallagher developed Hillsborough’s Climate Action Plan in collaboration with the Sustainable Hillsborough Task Force with elected officials and Town staff. She developed the following new sustainable programs for Hillsborough:
• Solar Community Program design and implementation
• Construction and Demolition Recycling Programs
• Municipal Green Building Policy development and implementation • Residential Energy Efficiency Program
• Energy Efficiency, Green Building and Solar Workshops design and implementation • Climate Protection Grant Proposal completion (awarded full grant funding) She facilitated CAP development with the City of Burlingame’s Green Ribbon Task Force that consisted of City Council members, City commissioners, residents, and business community members. Ms. Gallagher developed the Climate Action Plan’s guiding principles, greenhouse gas reduction programs, estimated costs, timelines, and reduction targets. Ms. Gallagher coordinated CAP development with City staff and community through a Community Climate Action Plan Workshop. Concurrent with CAP development, she developed a green building program, solar community program and energy efficiency workshops for immediate sustainability program implementation.

CSG PROPOSAL TO THE CITY OF FORTUNA
7 Scope of Work Cost
CSG’s cost for this project are provided in the table below.

Tasks
Senior
Sustainability
Manager
$200 per Hour
Hours Cost
Task 1: Project Initiation, document review and meeting with City staff regarding the city’s current franchise agreement, quarterly/annual reports from Recology, CalRecycle Annual Report, communication from Recology and CalRecycle regarding the Compliance Action Plan (CAP).
9 $1,800
Task 2: Complete Analysis of Recology’s Data, CalRecycle’s CAP Provide Technical Assistance in Franchise Agreement Negotiation Meetings to ensure City’s Franchise Agreement includes SB 1383 compliant programs and includes current industry standards.
28 $5,600
Task 3: Provide analysis of SB 1383 programs and relation to cost proposal submitted by Recology and provide summary of analysis to City staff. Meet with Recology staff and City staff to discuss proposal. Facilitate data for contract staff.
14 $2,800
Task 4: Complete analysis of Recology’s draft franchise agreement provided on March 22, 2023, and prepare redlined franchise agreement for city staff review.
48 $9,600
Task 5: Provide recommendation for a new SB 1383 fee (as allowed and included in the SB 1383 regulations) to provide City with a sustainable revenue stream for inclusion in the new franchise agreement. 11 $2,200
Task 6: Provide on call, as needed technical assistance, at the direction of City staff on a time and materials basis at $200/hr. As Needed As Needed Total Cost: $22,000
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel, and office expenses. CSG will mail an invoice every month for services rendered during the previous month. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region.

Note: Additional tasks can be completed by CSG at the direction of City staff that are outside of the proposed scope of work; additional tasks would be agreed upon by the City and CSG and approved in writing in advance by the City and completed on a time-and-materials basis at the hourly rate provided herein.

City Manager’s Report