Fortuna City Council
August 21, 2023

621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID 837 7582 2768 Password 474094 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 Senior Administrative Assistant/Deputy City Clerk, Ashley Chambers b. Introduction of Police Officer Logan Mitchell
c. Introduction of Community Services Officer Karlee Humphrey d. Introduction of Police Explorers: Turner Gurney, Kenneth Laloli, Corbin Martin, Wyatt McKnight, Matthew Miner, Samson Petersen
Regular Meeting Agenda
Monday, August 21, 2023 at 6:00 pm

3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the 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 – August 7, 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. Rejection of Claim Submitted by Cari McCormick and Direct the City Clerk to Send Notice of Rejection
k. Approve the Investment Policy for Fiscal Year 2023-24, Resolution 2023-25

5. CITY COUNCIL BUSINESS
a. Public Hearing: Second Reading and Adoption of Ordinance 2023-760 Adding Chapter

12.26 to Title 11 of the Fortuna Municipal Code to Provide Rules and Regulations for Bike and Skate Parks located at Newburg Park
b. Public Hearing: Second Reading and Adoption of Ordinance 2023-762 Amending Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter

15.48—Construction and Demolition Debris Diversion (CD3) c. Public Hearing: Second Reading and Adoption of Ordinance No. 2023-763 Amending Title Eight (8), Chapter 8.26 – Abandoned Shopping Carts and Determining the Ordinance to be Exempt from CEQA
d. Designate the City’s Voting Delegates for the Cal Cities Annual Conference & Expo e. Public Hearing: Consider Adopting the Multifamily Design Standards, Resolution 2023- 26 6. CITY MANAGER’S REPORT

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

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

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

Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 08/17/2023 at 2:38 PM
621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 User ID: 837 4071 4438 Password: 999117 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 - Absent, Mayor Pro Tem Johnson - Present, Mayor Trent - Present

2. PRESENTATIONS / PROCLAMATIONS/NEW EMPLOYEE INTRODUCTIONS a. Introduction of the new Street Maintenance Worker II Isaiah Stringer Minutes:

General Services Superintendent Bob Natt introduced the new Street Maintenance Worker II Isaiah Stringer.
b. Introduction of the new Conference Center Coordinator Michi Murphy Minutes:

River Lodge Manager Jennifer Lourenzo introduced the new Conference Center Coordinator Michi Murphy.
c. Parks Make Life Better Month Proclamation (July)
Minutes:

Council Member Losey presented the Parks Make Life Better Proclamation to the Parks and Recreation Director Cameron Mull.

Regular Meeting Agenda
Minutes
Monday, August 7, 2023 at 6:00 pm
d. Fortuna Fire Department Quarterly Report
Minutes:

Fortuna Fire Chief Rus Brown presented the Quarterly Fortuna Fire Department report. e. Fortuna Police Department Quarterly Report
Minutes:

Fortuna Police Chief Casey Day presented the Quarterly Fortuna Police Department report.

3. ORAL COMMENTS FROM THE PUBLIC
Minutes:

PUBLIC COMMENTS: Brendan Byrd, City of Fortuna Public Works Director - Provided an update on the new police facility, explaining that the exterior foot print of the structure was almost complete. He also provided an update on the water tank coating projects. He explained the Hillside Water Tank Coating Project was complete and the tank is up and operational, and that the Campton Water tank should be complete and back up in the next two to five weeks. Casey Day, City of Fortuna Police Chief - Expressed appreciation for the merchants on Main Street and Ferndale Jewelers for holding a K-9 fundraiser during the last Fortuna's First Fridays. Michelle Bushnell, County Supervisor - Thanked Fortuna Police Chief Casey Day for the department's actions in detaining a threatening citizen. There being no additional public comments, Mayor Trent closed the public comment section. There being no additional public comments, Mayor Trent closed the oral comment section.

4. CONSENT CALENDAR
Minutes:

Mayor Pro Tem Johnson pulled Consent Item "k" and questioned whether this Supplemental Budget Request was similar to the last one and included an increase to the program's revenue.

Parks and Recreation Director, Cameron Mull, confirmed it was and City Manger Merritt Perry assured the Council the department would be projecting attendance to determine additional staff time needed as well as tracking employee's hours monthly and providing the information via the department's monthly report. Council Member Losey pulled item "L" to state he would recuse himself from that item. Mayor Trent pulled Consent Item "n" and expressed appreciation for the additional staffing for parks maintenance. Mayor Pro Tem Johnson moved, seconded by Council Member Losey to approve Consent Calendar items a-n (excluding "L"). AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT:

Mobley MOTION CARRIED: 4/0
Council Member Conley moved, seconded by Council Member Johnson to approve Consent Calendar items "L". AYES: Council Member Conley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley RECUSED: Losey MOTION CARRIED: 3/0 a. City Council Minutes –June 20, 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 Department Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Declaration of Surplus Personal Property and Authorization to Dispose of Surplus Personal Property; Resolution 2023-19
k. Supplemental Budget Request for Additional Part-Time Recreation Staff Hours for Fiscal Year 2022-2023
l. Approve the Annual Property Tax Assessment for the Following Districts m. Ratify First Amendment to Employment Agreement for Finance Director n. Approve Allocation of Two (2) New Part-time Parks Maintenance Worker I Positions, One (1) Permanent and One (1) Temporary

5. CITY COUNCIL BUSINESS
a. Public Hearing: Introduction and First Reading of Ordinance 2023-760 Adding Chapter

12.26 to Title 11 of the Fortuna Municipal Code to Provide Rules and Regulations for Bike and Skate Parks located at Newburg Park
Minutes:

STAFF REPORT: Parks & Recreation Director Cameron Mull provided a staff report on rules and regulations for the Bike and Skate Park located at Newburg Park.

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 hold the first reading and continue the public hearing to Monday, August 21, 2023 of Ordinance 2023-760, An Ordinance of the City Council of the City of Fortuna adding chapter 12.26 to Title 11 of the Fortuna Municipal Code to provide rules and regulations pertaining to the Bike and Skate parks located at Newburg Park. Roll call vote. AYES:

Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
b. Approve an Addendum to the Initial Study/Mitigated Negative Declaration of Environmental Impact, for the Wastewater Treatment and Effluent Percolation System Upgrade Project; Resolution 2023-20
Minutes:

STAFF REPORT: Public Works Director Brendan Byrd provided a staff report on the amendment of an Initial Study/Mitigated Negative Declaration of Environmental Impact for the Wastewater Treatment and Effluent Percolation System Upgrade Project .

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 Conley to adopt Resolution 2023-20, A Resolution of the City Council of the City of Fortuna Approving a CEQA Addendum to the Mitigated Negative Declaration of Environmental Impact for the Wastewater NPDES Compliance Project. Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN:

None ABSENT: Mobley MOTION CARRIED: 4/0
c. Authorize the City Manager to Submit a Grant to the Wildlife Conservation Board for the Design and Permitting of Replacement Culverts along Mill Creek and to Designate the City Manager as the Authorized Representative; Resolution 2023-21 Minutes:

STAFF REPORT: Public Works Director Brendan Byrd provided a staff report on the submittal of a Grant to the Wildlife Conservation Board.

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 2023-21, A Resolution of the City Council of the City of Fortuna Approving the Application for Grant Funds from the Wildlife Conservation Board for the Mill Creek Habitat Connectivity Project and Designating the City Manager as the Authorized Representative. Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
d. Public Hearing: Introduction and First Reading of Ordinance 2023-762 Amending Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter

15.48—Construction and Demolition Debris Diversion (CD3) Minutes:

STAFF REPORT: Public Works Project Manager Mat Nyberg provided a staff report on Construction and Demolition Debris Diversion.

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 hold the first reading and continue the public hearing to Monday, August 21, 2023 of Ordinance 2023-762, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.48 to Title 15 of the Fortuna Municipal Code—Construction and Demolition Debris Diversion Ordinance (CD3). Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
e. Public Hearing: Introduction and First Reading of Ordinance No. 2023-763 Amending Title Eight (8), Chapter 8.26 – Abandoned Shopping Carts and Determining the Ordinance to be Exempt from CEQA
Minutes:

STAFF REPORT: Chief of Police Casey Day provided a staff report on Abandoned Shopping Carts.

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 hold the first reading and continue the public hearing to Monday, August 21, 2023 of Ordinance 2023-763, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health And Safety Of The Fortuna Municipal Code By Chapter 8.26 – Abandoned Shopping Carts And Determining The Ordinance To Be Exempt From CEQA. Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
f. Accept the Annual Military Equipment Report Required by Assembly Bill 481; Resolution 2023-22
Minutes:

STAFF REPORT: Chief of Police Casey Day provided a staff report on the Annual Military Equipment Report.

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 adopt Resolution 2023-22, A Resolution of the City Council of the City of Fortuna Accepting the Annual Military Equipment Report by the Police Chief and Making Findings Related Thereto. Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
g. Public Hearing: For the Approval of a Major Subdivision of Two Parcels, 1.61 Acres in Size, Consisting of 9 Residential Parcels Ranging in Size From 6,014 Square Feet to 14,646 Square Feet; and a 1.77-Acre Remainder Parcel. Resolution 2023-23 Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on approval of a Major Subdivision on Kenmar Road.

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

CITY COUNCIL ACTION: Council Member Losey moved, seconded by Mayor Pro Tem Johnson to adopt Resolution 2023-23, A Resolution of the City Council of the City of Fortuna Approving a Subdivision of Two Parcels, 1.61 Acres in Size, Consisting of 9 Residential Parcels Ranging in Size From 6,014 to 12,383 Square Feet; and a 1.77-acre Remainder Parcel. Voice vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0
h. Appointment of CalPERS Retired Annuitant to Extra Help Bus Driver 1 Position Minutes:

STAFF REPORT: Parks & Recreation Director Cameron Mull provided a staff report on the appointment of a CalPERS retired annuitant as an extra help Bus Driver I.

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 Losey to adopt Resolution 2023-24, A Resolution of the City Council of the City of Fortuna Appointing Retired Annuitant Orlando Payne as an extra help Part-Time Bus Driver 1. Roll call vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0 i. Professional Services Agreement with California Consulting for Reconnecting Communities Grant for the Kenmar Interchange Improvements Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on a professional services agreement with California Consulting for Reconnecting Communities Grant.

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 Losey to authorize the City Manager to negotiate and execute an agreement with California Consulting, Inc. to assist the city with two Reconnecting Communities Grants in an amount not to exceed $18,000. Voice vote. AYES: Council Members Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: Mobley MOTION CARRIED: 4/0

6. CITY MANAGER’S REPORT
Minutes:

City Manager Merritt Perry provided a verbal report.

7. FUTURE AGENDA ITEMS
Minutes:

None at this time.

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

9. ADJOURN
Minutes:

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Johnson to adjourn the meeting at 8:26 pm. MOTION CARRIED 4/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Item 4b

STAFF REPORT
City Council Consent Item
DATE: August 17, 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 5.30 hours for the month of July 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 August, the Clerk’s Office prepared and published two agendas for Regular City Council meetings, one agenda for the Rohner Community Recreation Park District, and one agenda for the Parks & Recreation Commission. I’m happy to announce that extensive education programs, on July 10, 2023, I received the Certified Municipal Clerk (CMC) Designation! The certification is designed to enhance the job performance of the Clerk in both large and smaller municipalities. The CMC designation requires pertinent experience in a municipality or special district and the program provides quality education in partnership with institutions of higher learning, as well as State, Provincial and National Associations.

City Council Meetings
Council Meeting Date Agenda Items
August 7, 2023 Regular Meeting 23
Totals 23
Consent Item 4b

City Clerk’s Office Key Duties July
Public Records Act Requests 8
General Information Requests 25 – 30 per day, average
Ordinances 0
Resolutions 5
Minutes Prepared 2
Notary Services Provided 0
Claims for Damages Filed 1
FPPC Filings: 0
Legal/Proof of Publications 0
Notices Posted (Public Hearing, Agenda, Ordinance, etc.) 7

RISK MANAGEMENT / HUMAN RESOURCES DIVISION
Risk Management
There was one new Worker’s Compensation claim filed in July and one in August. Both were minor claims and are expected to close if the claimants don’t seek any further medical treatment in connection to their injuries. In June 2023, the City received a tort claim associated with a water main. The claim was not reported at that time, as it was uncertain who was responsible. After assessment by our Public Works Department and our risk pool, CIRA, it was determined the City is responsible and the City is working closely with George Hills and CIRA to settle the claim.

Other than the claim referenced in the consent agenda for this meeting, there were no additional tort/liability filed with the City as of August 1, 2023. We will continue to work diligently 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
06/14/2023 Liability Claim
School is starting back up and it is good time to remind City employees and all drivers, to slow down, and be aware of children, families and increased pedestrian traffic in general, on the roadways!
Human Resources
The City has gone live with the “Insight” recruitment software and continues to work on streamlining the applicant and internal process for those seeking employment with the City. HR and Finance staff are participating in ongoing NEOGOV “Onboard” trainings and hope to launch the new platform before the end of the year. “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.

Consent Item 4b

Current Recruitments:

Community Development:

Community Development Director: Closed July 14, 2023. There were no qualified applicants.

City Manager/City Clerk Department:

Senior Administrative Assistant/Deputy City Clerk: One candidate hired (introduced tonight).

Parks & Recreation:

Bus Driver I: Closed on July 7, 2023. Interviews are scheduled for August 23, 2023.

Park Maintenance Worker I: Closed July 7, 2023. Two candidates selected, and currently in background.

Police Department:

Police Dispatcher Full-time: Candidate in background.

Police Officer (Lateral): One candidate hired (introduced tonight), one candidate currently in background.

Community Services Officer: One candidate hired (introduced tonight).

Public Works:

Utility Worker II: Closed on August 18, 2023. Interviews are being scheduled.

Utility Worker III (In house only): Closed July 7, 2023. Utility Worker II, Timothy Crenshaw, promoted.

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!
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
Nylex continues to finalize the upgrades to new fiber and phone lines at City Hall and other City locations. This will reduce the complicated load on the City’s network and be more secure performing as a separate network as well as provide for a substantial cost savings.

Recently the secured server room in City Hall experienced a failing air conditioning unit, which resulted in temperatures in the room exceeding safe levels for the servers. Staff reacted quickly by have a new unit delivered and installed within three days. While the unit was down, City Hall staff was gracious in accommodating loud fans that kept the air moving through the storage room to keep the servers from overheating!
RECOMMENDED COUNCIL ACTION:

Receive Administration Division Monthly Report. Consent Agenda vote.

Consent Item 4c

STAFF REPORT
City Council Consent Item
DATE: August 21, 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 July 2023 STAFF RECOMMENDATION:

Receive report as an informational item.

SIGNIFICANT ACTIVITIES:
• The Building Division has launched OpenGov, an online building permit portal that will streamline the application and issuance of building permits. The division has also launched SolarApp+, an online solar permit pre-screening app that will expedite solar permit issuance for eligible systems. o As of August 10th, 23 Building Permits have been issued through the online portal; most have been completed completely online with no trips to City Hall required for the builders.
o Three Solar Permits have been issued instantly with the pre-screen tool SolarApp+. • The Building Division’s permit summary for July 2023 is attached. • Recent Planning Commission activity includes:
o CLK Kenmar Major Subdivision approved by the Planning Commission on July 11, 2023 and City Council August 7, 2023.

Applicant: Tina Christensen
Location: 3120 Kenmar Road
o The Planning Division is developing an online portal for Planning Project Applications through OpenGov. This will streamline the workflow and review process and allow applicants to view their project’s progress in real-time.
• Planning Permits Under Review:
o Johnson Rohnerville Road minor subdivision for two parcels developed with single-family residences to Planning Commission August 22, 2023.

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. o Ramirez/Lopez Rohnerville Road minor subdivision of two parcels to be developed with single-family residences
Applicants: Miguel Ramirez and Maria Lopez; Location: 5050 Rohnerville Road Consent Item 4c

o Olea Main Street Mixed-Use Conditional Use Permit and Design Review Applicant: Fernando Olea; Location: 619 Main Street
• 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.

The Multi-family Design Standards will be heard by the City Council on August 21, 2023.
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 lowincome 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.
o Staff has prepared draft ordinances to comply with CA State Assembly Bills AB 1236 and AB 970 EV Charging Station Permit Streamlining, and AB 2188 Solar Energy Permit Streamlining.

RECOMMENDED COUNCIL ACTION:

Receive Community Development Department Monthly Report. Consent agenda vote.

Subdivision Status Report
(Approved projects, not yet completed)
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
2nd 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
Improvements under construction; 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

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 .

CLK Kenmar Major Subdivision
(8 new lots plus 1 SF lot) 8/7/2023 8/6/2025
Improvement Plans to be submitted.

Consent Item 4c

Consent Calendar Item 4d

STAFF REPORT
Consent Agenda Item
DATE: August 21, 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:

CalPERS Investment Returns:

California Public Employees’ Retirement System (CalPERS) recently reported preliminary investment returns for fiscal year 2022-23 at a positive 5.8%. While this is a positive return and a large turnaround from the prior fiscal years negative 6.1% return it still fell short of CalPERS expected rate of return of 6.8%.

What this means to the City is that although one percent may not be significant it will require the City to pick up the earnings shortfall in the form of future mandated unfunded liability payments.

The earnings shortfall will be amortized over 20 years and charged to the City via Unfunded Liability Payments. It should be noted that the Additional Discretionary Payment that Council authorized staff to make in June will go a long way to minimizing the effect this one percent investment shortfall will have on the City.

Sales Tax Revenue:

The City received yet again disappointing results from sales tax revenue, this time for the period of January through March. For the fourth quarter in a row sales tax revenue has declined. January – March 2023 sales were down 5.1% as compared to last year. The positive news is that the City continue to perform better than the County as a whole which was down 7.4% as compared to last year. For comparison purposes the State was down 1.1% which demonstrates a macro economic issue pushing sales tax revenue down.

The largest driver to the decline was used car sales which declined 20% quarter over quarter.

Additionally, due to lower gas prices year over year the City’s revenue received from fuel service stations declined 19%. Updated revenue projections have the City coming in just below ($5,000 to $10,000) our budgeted amount of $2,145,600 for FY 2022-23, not as large as one might expect considering we have seen declining sales tax for 4 straight quarters. This is an example where budgeting conservatively and building in some slight economic downturn within our budget estimates has proven beneficial.

Consent Calendar Item 4d

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.

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
• Police Officer Over Hire
• 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
• Police Facility Project
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 July 2023
• Sales Tax Newsletter 1Q 2023 (January – March)
City of Fortuna
Finance Department
Fiscal Year 2023/24
Finance Department February March April May June July
Activity Log 2023 2023 2023 2023 2023 2023
Payroll Checks Issued: 225 324 230 214 273 256
Accounts Payable Checks Issued: 205 236 239 215 287 254 Number of Invoices Processed: 465 455 454 440 534 501
CDBG Loan Payments/Payoff 1 0 0 0 0 0
# Telephone Calls 2134 2137 1894 1888 1480 1909
Avg Daily 112 93 95 86 70 95
Daily Walk-in Customers
Utility 685 762 674 701 496 434
Bldg 57 53 52 60 83 50
Plan 23 25 32 33 22 14
Other 31 36 43 57 78 184
Total: 796 876 801 851 679 682
Average Daily Walk-in Customers 42 38 40 39 32 34
Monthly Bills 4600 4600 4595 4593 4596 4605
Reminder Notices 437 376 428 424 506 498
Shut Off Notices Mailed 280 200 226 284 270 268
Shut Offs 22 25 24 16 0 51
Ebills - Bills sent via email 408 412 413 412 413 419
Utility Bills paid online 1199 1238 1228 1218 1205 1241 % of Utility bills paid in person 15% 17% 15% 15% 11% 9% Public Works Calls Dispatched: 104 150 80 111 119 76
Avg Service Calls 106.7
Utility Billing Aging Report Total Bal Current 30 Days 60 Days 90 Days $ 598,181 $ 446,183 $ 93,512 $ 23,603 $ 34,884

74.6% 15.6% 3.9% 5.8%
74%
16%
4% 6%
Utility Accounts Aging
Current
30 Days
60 Days
90 Days
www.hdlcompanies.com | 888.861.0220
Q1 2022*
Q1 2023*
Legend
$0
$20,000
$40,000
$60,000
$80,000
$100,000
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 Summer 2023
Ace Hardware & Garden
Beverage Plus Foods
Dollar General
Eel River Brewing
Forbusco Lumber
Fortuna Chevron
Fortuna Gas 4 Less
Grocery Outlet
Hummel Tire & Wheel
Les Schwab Tire Center
McDonald’s
Mercer Fraser
Olson Manufacturing
O’Reilly Auto Parts
Peterson Tractor
Ray’s Quality Cars
Rite Aid
Safeway
Sequoia Gas
Sunbelt Rentals
Tractor Supply
Valley Pacific Petroleum
Services
Village Sport & Cycle
Walgreens
Wyckoff Plumbing

SALES TAX UPDATE

CITY OF FORTUNA
1Q 2023 (JANUARY - MARCH)
Fortuna’s cash receipts from January
through March were 6.2% below the
first sales period in 2022. However, after
adjusting for reporting modifications
such as audit adjustments and delayed
payments, net revenues were 5.1%
lower than a year ago. Sales weakened
as the uncertain economic outlook likely
influenced spending choices.

Demonstrating growth for the quarter,
patrons continued to favor the
convenience of casual and quick-service
dining, boosting restaurants-hotels
receipts. The business-industry group
realized a slight decline in gardenagricultural related purchases, but other categories helped pull the group up 12%.

Conversely, general retail felt the sting
of less consumer spending – as did the
countywide use tax pool. The City’s pool
allocation slipped 4.7% as ecommerce
and third-party auto sales declined.

Falling fuel prices pushed service station
revenues down 19%; and the autostransportation group also slumped, with the only growth occurring in auto repair
shop sales. Building-construction receipts
were likely impacted by the wet winter
and statewide lumber prices falling 64%.

Voter-approved Measure E results were
similar with the largest gains in businessindustry and biggest declines in fuelservice stations. Net of adjustments, taxable sales for the Far North region
was down 8.1% over the comparable
time period.

TOTAL:
-6.3%
$440,761
Measure E
TOTAL: $ 491,051
-5.1% -7.4% -1.1%

COUNTY STATE

FORTUNA
1Q2023

TOP NON-CONFIDENTIAL BUSINESS TYPES
Q1 '23
Fortuna
Business Type Change Change Change
County HdL State
Service Stations 52,436 -23.0% -20.3% -9.8%
Casual Dining 43,480 0.5% -4.5% 9.7%
Automotive Supply Stores 28,279 -2.6% -3.1% 5.4%
Quick-Service Restaurants 23,195 18.8% 2.6% 5.1%
Garden/Agricultural Supplies 22,324 -9.1% -26.4% -18.9% Contractors 15,467 -22.8% -30.1% -12.7%
Auto Repair Shops 13,253 4.8% -5.9% 5.7%
Convenience Stores/Liquor 12,944 -2.6% -8.7% -5.0%
Electronics/Appliance Stores 11,419 -13.6% 1.4% -2.4%
Second-Hand Stores 2,236 13.9% 8.1% -3.3%
*Allocation aberrations have been adjusted to reflect sales activity

REVENUE BY BUSINESS GROUP
Fortuna This Quarter*
19%
Pools
14%
Restaurants
11%
Autos/Trans.
11%
Building
12%
Bus./Ind.
8%
Cons.Goods
11%
Food/Drug
14%
Fuel
*ADJUSTED FOR

ECONOMIC DATA
1Q 2023 CITY OF FORTUNA SALES TAX UPDATE

STATEWIDE RESULTS
California’s local one cent sales and use
tax receipts for sales during the months
of January through March were 1.1%
lower than the same quarter one year ago
after adjusting for accounting anomalies.

The first quarter of the calendar year
experienced heavy rainfall and a slight
pullback by consumers during this postholiday period.

The building and construction sector
was most impacted by wet weather
conditions, especially contractors and
paint/glass vendors. Furthermore, when
coupled with year-over-year (YOY)
lumber price declines, the sector saw a

9.7% statewide drop.

YOY declines in fuel prices at the pump
reduced receipts from gas stations and
petroleum providers. Even with OPEC’s
recent production cuts, the global cost of
crude oil has remained steady setting up
for moderate gas prices for travelers and
commuters in the coming summer months.

Retailers also selling fuel experienced a
similar impact and when combined with
weak results from department stores,
overall general consumer goods’ returns
slightly declined.

After multiple years of high demand
for vehicles (especially high-end luxury
and electronic/hybrid brands), along
with inflation driving car prices higher,
customers demand has softened with
revenue slumping 1.3%. The return of
available inventory later this calendar
year may sustain downward pressure on
activity, potentially giving buyers more
leverage to negotiate lower prices.

Use taxes remitted via the countywide
pools decreased 1.1%, marking the
second consecutive quarter of decline.

Cooling consumer confidence, expansion
of more in-state fulfillment centers and
retailers using existing locations to deliver
goods tied to online orders continue to
shift taxes away from the pools. While the
offsetting effect was these revenues being
allocated directly to jurisdictions where
the goods were sourced, only a limited
number of agencies benefited.

Spending at local restaurants and hotels
continues to be robust. Patrons were
unaffected by increased menu prices and
wait times and maintained their willingness
to dine out. In addition, investments in
warehouse/farm/construction equipment
was steady.

For the remainder of 2023 sales taxes may
decrease modestly, then begin a nominal
recovery in early 2024. Volatile economic
indicators such as the Federal Funds rate,
unemployment levels, and discretionary
spending will influence outcomes. While it
appears the Federal Reserve’s actions to
fight inflation is taking effect, any lasting
downward pressure on consumer pricing
could also hinder short term growth.

Consent Calendar Item 4e

STAFF REPORT
Consent Agenda Item
DATE: August 21, 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 July 2023 STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Director’s Report
• The Rohner Park dual basketball courts project was completed on 7/22. The painted acrylic surfacing (with striping) was the final step in construction. The courts were open to the public on 7/24, and planting shrubs in the planters is planned for August. A ribbon-cutting ceremony is tentatively planned for Tuesday, September 5th at 5pm. • The Rohner Community Recreation and Park District (RCRPD) meeting occurred on 7/5.

A USDA pre-application for a loan to fund the construction of a future aquatic center has been approved by the USDA. Thus, a site visit from two USDA loan representatives visited the future facility site occurred on 7/27, meeting with the Fortuna City Manager, two RCRPD Board members, as well as Board members from the McLean Foundation and the Eel River Valley Community Foundation. The RCRPD will be able to move forward with the loan 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. Identifying legal bond counsel was also discussed in order to assist the RCRPD with the assessment benefit and Proposition 218 (ballot) process. Before a (mailin) 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)
• Softball field prepping was performed throughout the month of July every Monday – Thursday for the adult softball league/ games in the evenings Consent Calendar Item 4e

• The 3rd of July Fireworks Festival prep occurred on 7/1-7/3 at Newburg Park, with an extensive cleanup occurring on 7/5
• High-lift work was performed in the Rodeo grounds to replace and repair metal-halide light fixtures that were inoperable
• Brush in the 11th St. public parking area LID basins was trimmed and landscaped • Irrigation repairs were completed on multiple Main St. flower bulb-outs • Fireworks debris was cleaned on the turf areas where the 3rd of July Fireworks were let off, using the grass sweep to vacuum up the debris
• 80 bags of mulch were delivered and spread on the Main St. flower bulb-outs for the Fortuna Garden Club
• Extensive Fortuna Rodeo event prep work, set-up, and break down of the various Rodeo events occurred the week of 7/10-7/16
• Extensive clean-up from the Fortuna Rodeo occurred, with a swift changeover to prepping for the Auto Xpo event the week of 7/17-7/23
• Set-up and breakdown occurred for the free outdoor, drive-in Movie in the Park (Grease) shown in Rohner Park on 7/22, in which about 200 people attended the viewing • The deep pit barbecue’s in Rohner Park were cleaned out and prepped twice for both the Rodeo and Auto Xpo BBQ events
• Both Newburg Park and the Fortuna Blvd. medians received annual irrigation repairs and systems all set on timers for watering
• Multiple light fixtures were replaced at the River Lodge Depot Museum
July’s visitor total at the Fortuna Depot Museum was 380 people. This July, the museum was open Wednesday through Sunday, rather than the pre-pandemic summer hours of seven days per week.

Recent years’ July visitation totals were: 2022: 337, 2021: 487, 2020: (open only four days) 14, 2019: 596, 2018: 537, 2017: 699, 2016: 732, 2015: 569, 2014: 659, 2013: 570. In July 2023 we welcomed California visitors from Angwin, Arcata, Chico, Corning, Corona, Desert Center, Dinsmore, Elk Grove, Eureka, Fortuna, Galt, Glenn, Livermore, Loleta, Los Angeles, Manton, McKinleyville, North Fork, Oroville, Pacifica, Red Bluff, Redding, Rio Dell, Rohnert Park, Santa Barbara, Santa Rosa, Sunnyvale, Temecula and Weaverville. We also welcomed out-of-state visitors from Arizona, Florida, Idaho, Louisiana, Nevada, North Carolina, Tennessee, Texas and Washington, as well as international visitors from British Columbia, Canada.

Our July visitors included a group tour of ten people from the Humboldt Senior Resource Center.

Our visitation on Auto Xpo weekend, typically our busiest weekend of the year, was consistent with pre-pandemic Auto Xpo totals: 41 visitors on Friday, 87 on Saturday and 48 on Sunday. At the end of July we installed a new exhibit in the front room of the museum, tying in with the Gene Lucas Community Center’s “Dog Days of Summer” events throughout the month of August. The exhibit features photographs and trophies from the collection of H. C. “Dan” McGrew of Fortuna, whose cocker spaniels were prize-winners in national competition during the 1950’s. Also included are dog-themed postcards, artworks, photographs and books from the Depot Museum collection, as well as photographs of contestants in Rodeo Week’s Ugly Dog Contest in the late 1980’s.

Consent Calendar Item 4e

Fortuna Transit
Passengers on the Fortuna Transit Bus totaled 785 trips during the month of July 2023 which is 189 more riders then July 2022. The lift was used for non-wheelchair riders 37 times and 32 times for wheelchair trips. The Fortuna Transit had nine new riders during the month of July. The Eureka medical trips on Tuesdays have been going well averaging around four - six medical appointments per week. Paul Glennie retired as our Bus Driver l in July and we wish him the very best! Sports, Classes and Facility Rentals
Results Fit Camp continues holding classes in the Pavilion six times a week, 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 five times during the month of July and we hosted a two-day Gymkhana event in the Rodeo grounds, 3rd of July Festival and Fireworks, Chamber Mixer and Cattleman’s Play Day, Crab’s Baseball Camp the Fortuna Rodeo, and the Auto Xpo. The adult softball league continued in June, with 17 teams competing at Newburg Park fields.

Recreation Programs
The biggest focus in July was the summer youth day camp programs, Kiddie Kamp and Summer Fun. Camps ran all through the month, with both camps spending a week at Newburg Park during Fortuna Rodeo events, and Summer Fun spending an additional week during Auto Expo, due to event activities utilizing our usual camp space in Rohner Park. We had approximately 100 children registered for each week-long session. During Rohner Park weeks our Kiddie Kampers walked to the Library every week for Story Time, and during the time campers were at Newburg Park both camps were able to partake in walking the wetland trails behind the Gene Lucas Community Center. During the final week of the month campers had a special treat when visitors from the Department of Health & Human Services came by to give presentations on bike safety and care during a Bike Day.

The Pavilion was closed for programming from July 10 – 23 due to special events associated with Fortuna Rodeo & Auto Xpo, and in addition to closing for July 4th weekend our drop-in volleyball and playgroup were only open 2 weekends in July. Drop-in volleyball continued through the month on Sunday evenings, with attendance ranging from 6-12 players per night.

July 2022 July 2023 YTD ~ July 2021 –
June 2022
YTD ~ July 2022 – June
2023
# of passengers 596 785 7713 596
Total Miles 1816 2262 24885 1816
Service Miles 1682 2134 22710 1682
Hours Worked 238.5 309 3183.5 238.5
Service Hours
Worked 206.5 236.5 2671 206.5
Consent Calendar Item 4e

Our playgroup for children aged 0-5 and their caregivers, in partnership with First 5 Humboldt, took place Thursdays and Sundays from 10:30am – 12:30pm. Attendance ranged from 2-6 children at each session.

Roller Skating
The Fortuna Skating Rink operated on summer hours for the month of July, and was open for Saturday, and Sunday Public Skate in addition to Friday and Saturday private parties. The rink was closed Sunday July 2nd for the 4th of July holiday weekend, as well as for the period of July 10 – 23 due to special events in the park. Over the course of July the skating rink hosted 6 private parties with 155 attendees, and in addition to the 91 skaters that attended public skate, hosted an overall total of 631 skaters over the course of the month.

Part-Time Recreation Staff Hours YTD
Recreation utilized a total of 2036.25 staff hours for the month of July Projected vs. Actual Part-Time Rec
Hours
23-Jul 2250 Jul-23 2,036.25
23-Aug 1210 Aug-23 -
23-Sep 300 Sep-23 -
23-Oct 550 Oct-23 -
23-Nov 530 Nov-23 -
23-Dec 520 Dec-23 -
24-Jan 550 Jan-24 -
24-Feb 460 Feb-24 -
24-Mar 750 Mar-24 -
24-Apr 560 Apr-24 -
24-May 340 May-24 -
24-Jun 1980 Jun-24
Total: 10,000 Total: 2,036.25
Community Service
The Parks & Recreation Department had three people signed up to perform Community Service, and workers completed 55.5 hours throughout the months of July. 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 53,343 service hours completed in the throughout the City of Fortuna.

RECOMMENDED COUNCIL ACTION:

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

Consent Calendar Item 4f

STAFF REPORT
Consent Agenda Item
DATE: August 21, 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 July 2023 STAFF RECOMMENDATION:

Receive report as an informational item.

Patrol Statistics:

During the month of July 2023, the Fortuna Police handled 1,611 calls for service. 79 arrests were made including 21 felony arrests and 58 misdemeanor arrests. 84 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:
 The police department recruited one experienced lateral police officer candidate who was on-boarded in the month of July.
 Kennel Attendant Karlee Humphrey was selected as the part-time CSO and was onboarded in the month of July.  The police department has selected a candidate to fill the open Public Safety Dispatcher vacancy. The candidate has started the pre-employment background investigation.  The police department is preparing to fill the following vacancies: 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.

Community Engagement Piece:

Event Season went well. The police department re-implemented the Explorer program which is thriving.

RECOMMENDED COUNCIL ACTION:

Receive Police Department Monthly Report (July). Consent Agenda vote.

Consent Calendar Item 4g

STAFF REPORT
Consent Agenda Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Merritt Perry, City Manager
SUBJECT: Public Works/Engineering Department Monthly Report STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

Public Works Director/City Engineer
The next Public Works Director’s report will be provided in September.

Utilities Division- Utility Lead
Service Call Summary
 In the month of July the utilities division completed 75 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 July. 0 5
10 15
20 25
30 Connect Disconnect Occupant Change Service Action
Number of Calls
Service Call Type
Consent Calendar Item 4g

Water Distribution System
 Read water meters.
 Completed meter worksheet.
 The utilities team installed three new services to the system in the month of July.  In the month of July the utilities team changed out 6 dead water meters, which is a low amount for the crew.
 Continued to check service lines for lead.
 In July there was one water leak. As a result of this, there was an estimated water loss of 14,400 gallons. The leak location was the 2000 block of Jenny Ln.  There was a scheduled shut down on 12th St. and downtown locations for the contractor to relocate the eight inch water main.
 Repaired a water main that was broke by contractors in the hillside behind coast central credit union.
 Dug up the eight inch water main on 12th St. and prepped for a new valve installation.

Table 1. Water leak rate and water loss estimates for July 2023.  Halfway through 2023 the estimated total water loss due to leaks is 453,555 gallons.

Wastewater Collections System
 Utilities cleaned 11,000 feet of sewer main.
 Repaired nine feet of sewer main broke by contractors behind coast central credit union.  Televised the sewer main on Main St. from 14th to 16th St.  There was zero sewer plugs in the month of July.

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

Date Location Pipe
Information
Estimated
Leak Rate
(Gallons per
Minute)
Leak
Duration
Total
Estimate
Leak
Volume
(Gallons)
7/12/2023 2060 Jenny Ln. 2’’ MIP 5 2 Days 14,400
Consent Calendar Item 4g

 Wrapped more A.C. pipe for disposal.
 Tim and Andy spent a week in San Jose at backflow training class, both passed their test final exams are now licensed testers.

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

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

Wastewater Events & Maintenance Tasks Completed:
 Staff repaired sewage discharge piping and unclogged a pump at Astor lift station on Xavier Ct.
 Staff replaced one of the two discharge 4” check valves at Laurelwood lift station on Laurelwood Ct.
 Staff worked with a consultant engineer on the required 5-year update of the City’s Sewer System Management Plan (SSMP), including the creation of a mandatory Spill Emergency Response Plan (SERP).

Water Treatment
Table 3. July potable water production for the past five years in Million Gallons (MG). 23 24
25 26
27 28
29 30
31 32
0 0.2

0.4 0.6

0.8 1

1.2 1.4
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 28.954 31.027 27.010 27.430 26.070 Maximum Daily Flow, MGD 1.080 1.210 0.970 1.030 0.960
Average Monthly Flow, MGD 0.934 1.001 0.871 0.885 0.841 Consent Calendar Item 4g

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

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

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

Water Events & Maintenance Tasks Completed:
 Staff worked with contractors at the Drake Hill pump station to finalize testing and activation of the new emergency generator. The unit is now functioning and online.  Staff rebuilt the enclosure around the pressure-reducing valve (PRV) at Kenmar pump station.
 Staff worked with a consultant engineer to procure bids for a critical and time-sensitive rehabilitation project on Well #2. The well’s production has decreased with lots of air in 0 0.5
1 1.5
2 2.5
3 0
10 20
30 40
50 60
2019 2020 2021 2022 2023
Flow, MGD
Production, MG
Production Max Daily Avg Daily
0 20
40 2019 2020 2021 2022 2023
Static Level, ft
Well #1 Well #2 Well #4 Well #5
Year 2019 2020 2021 2022 2023
Total Production, MG 48.16 54.867 42.916 40.006 41.759
Maximum Daily, MG 2.09 2.458 1.839 1.980 1.803
Average Daily, MG 1.553 1.770 1.384 1.291 1.347
Year 2019 2020 2021 2022 2023
Well #1 29.2 28.2 30.5 30.0 29.4
Well #2 25.6 25.2 27.5 27.2 26.8
Well #4 32.0 30.7 33.0 32.6 32.3
Well #5 34.0 32.6 34.9 34.6 34.1
Consent Calendar Item 4g

the discharge. A suspect corrosion problem on the well’s drop-pipe will require extraction, inspection and possible replacement.
 Tank-coating contractors completed re-coating both the interior and exterior of Hillside tank early in the month. Staff filled the tank, tested for water quality parameters, and then brought the tank online. Staff and contractors then moved the three, 10,000-gallon temporary tanks at Hillside to Campton Heights tank to add to the five others already there.

At Hillside tank, staff also added grip tape to the ladder rungs and part of the roof, and then replaced the center vent screen. Later in the month, other contractors came in to re-install the tank cathodic protection system.
 Staff completed the integration of eight, 10,000-
gallon temporary tanks at Campton Heights tank
(see photo inset right). Staff then drained the 1MG
steel tank before the coating contractors arrived
from Hillside tank to complete re-coating the
interior and exterior there. The contractors should
be able to complete this project by the end of
August or early September.
 A planned water outage on 12th St for contractor
activity resulted in a larger water outage when
pressure fell too far in the affected area. This
caused the opening of PRV station
interconnections between other water zones.

Unfortunately, these other water zones are on
reduced, temporary storage because of the water
tank coating project at Campton Heights tank.

Staff resolved the problem within hours by
isolating the PRV stations, turning on pumps, and
recuperating system capacities.

General Services and Streets - General Services Superintendent The following is a list of scheduled assignments completed by the General Services staff in July:

Consent Calendar Item 4g

 Staff assisted with the Parks Department
during the July 3rd Fortuna Fire Works
Festival. Staff conducted traffic control
with the Police Department after the
conclusion of the event.
 Staff prepared and conducted traffic
control during the Rodeo Week events.

Staff replaced vandalized window screens
with expanded metal (See photo inset
right). Staff removed and reinstalled the
speed bumps in Rohner Park.
 Staff was available during the mid-week for Jr. Rodeo for any unexpected issues in preparation for the main events in the arena area for the weekend.  Staff prepared and conducted traffic control for Auto Xpo. Staff uncovered and covered the burn out pit in front of the grandstands.
 Staff graded the alley in between 15th and 16th Streets. Staff repositioned the water meter boxes to grade.
 Staff power washed and sealed the concrete in front of City Hall and the Monday Club.  Staff continues to water the newly planted vegetation in the Phase A portion of the Rohner Creek project.
 Staff continues to mow and weed eat various ditches, along street right a-ways, and the Dog Park. Staff mowed the Dennis Wendt Memorial Trail, and the ponds located at the Waste Water Treatment plant.

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 Calendar Item 4h

STAFF REPORT
Consent Agenda Item
DATE: August 14, 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 July 2023
STAFF RECOMMENDATION:

Receive report as an informational item.

EXECUTIVE SUMMARY:

The River Lodge and Monday Club held a total of 15 events in the month of July.

The Ferndale Chapter #23 Royal Order of the Eastern Star held a reception at River Lodge with 200 people in attendance. The host, Nancy Bay, was thrilled with the way everything turned out.

Fortuna High Class of 1973 held their 50th Class Reunion at River Lodge in the Coho Room. They hired a taco truck to come instead of having it catered. This was not the first time a group has opted for a food truck. It’s an exciting new trend.

The Sock Hop during Auto Xpo returned after a four-year break. It was well attended and guests really seemed to enjoy themselves.

There was a large family reunion held at River Lodge and a memorial for a well-known Ferndale couple.

The Monday Club was rented for two baby showers and a family reunion. It was also host to the regularly scheduled monthly meetings that take place there.

RECOMMENDED COUNCIL ACTION:

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

River Lodge
Monday Club
Jul-23
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 28-Jun 29-Jun 30-Jun 1-Jul
Baby Shower All Day
2-Jul 3-Jul 4-Jul 5-Jul 6-Jul 7-Jul 8-Jul
Eastern Star
Rotary 11AM-1PM Concert Series 4-9PM
9-Jul 10-Jul 11-Jul 12-Jul 13-Jul 14-Jul 15-Jul
Civics Class Reunion
Baby Shower 11AM-2PM Rotary 11AM-1PM
16-Jul 17-Jul 18-Jul 19-Jul 20-Jul 21-Jul 22-Jul
Sock Hop Family Reunion
Rotary 11AM-1PM Whit. Engineering All DayFamily Reunion All Day 23-Jul 24-Jul 25-Jul 26-Jul 27-Jul 28-Jul 29-Jul
Senior Jam
30-Jul ERV FS
31-Jul
FUHS DM 8-9AM *F/L 2-4PM
Consent Item 4i

STAFF REPORT
Consent Agenda Item
DATE: August 21, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for August 10, 2023 and August 16, 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:

August 10, 2023 $330,353.60
August 16, 2023 $640,400.60
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for August 10, 2023
 Disbursements Detail Report for August 16, 2023
Amount
77127 08/10/2023 EEL RIVER VALLEY OFFICALS 080823 Adult Coed Softball Fees 2023 5540 8/10/2023 11:26:13 AM Page 1 of 8
77125 08/10/2023 CIRA INV-1997 General Liability/Work Comp Apr - June 5000 77125 08/10/2023 CIRA INV-1997 General Liability/Work Comp Apr - June 2694.32 77126 08/10/2023 DEPT OF PESTICIDE REGULATION080723 Qualified Applicator Lic Renewal - J Town 120 77123 08/10/2023 BODYWORKS 080123 August Gym Memberships 40 77124 08/10/2023 CALPERS - DO NOT MAIL 17249716 GASB 68 Reporting Service 1050 77124 08/10/2023 CALPERS - DO NOT MAIL 17249716 GASB 68 Reporting Service 1050 77123 08/10/2023 BODYWORKS 080123 August Gym Memberships 140 77123 08/10/2023 BODYWORKS 080123 August Gym Memberships 40 77123 08/10/2023 BODYWORKS 080123 August Gym Memberships 20 77121 08/10/2023 BENNETT, BRIAN 073123 Planning Commission 7.11 30 77122 08/10/2023 BLAKELY, SANDY 073123 Planning Commission 7.11 30 77123 08/10/2023 BODYWORKS 080123 August Gym Memberships 20 77119 08/10/2023 AT&T 9011 20345837 9391061226 154.88
77119 08/10/2023 AT&T 9011 20345838 9391061228 77.44
77119 08/10/2023 AT&T 9011 20345838 9391061228 77.44
77119 08/10/2023 AT&T 9011 20335571 9391062010 141.75
77119 08/10/2023 AT&T 9011 20335572 9391062011 31.98
77119 08/10/2023 AT&T 9011 20335573 9391062012 42.81
77119 08/10/2023 AT&T 9011 20335570 9391062009 88.4
77119 08/10/2023 AT&T 9011 20335570 9391062009 164.18
77119 08/10/2023 AT&T 9011 20335571 9391062010 76.33
77119 08/10/2023 AT&T 9011 20335544 9391061252 253.92
77119 08/10/2023 AT&T 9011 20335545 9391061253 85.2
77119 08/10/2023 AT&T 9011 20335545 9391061253 17.04
77119 08/10/2023 AT&T 9011 20335541 9391061249 38.58
77119 08/10/2023 AT&T 9011 20335542 9391061250 17.07
77119 08/10/2023 AT&T 9011 20335543 9391061251 103.93
77119 08/10/2023 AT&T 9011 20335536 9391061219 26.18
77119 08/10/2023 AT&T 9011 20335537 9391061220 52.36
77119 08/10/2023 AT&T 9011 20335538 9391061221 26.95
77119 08/10/2023 AT&T 9011 20335534 9391061217 26.95
77119 08/10/2023 AT&T 9011 20335535 9391061218 77.75
77119 08/10/2023 AT&T 9011 20335536 9391061219 26.18
77119 08/10/2023 AT&T 9011 20335530 9391061212 26.95
77119 08/10/2023 AT&T 9011 20335531 9391061213 257.45
77119 08/10/2023 AT&T 9011 20335532 9391061214 26.95
77119 08/10/2023 AT&T 9011 20323544 9391082149 365.89
77119 08/10/2023 AT&T 9011 20335526 9391061208 26.95
77119 08/10/2023 AT&T 9011 20335527 9391061209 179.37
77119 08/10/2023 AT&T 9011 20323544 9391082149 1002.81
77119 08/10/2023 AT&T 9011 20323544 9391082149 623.37
77119 08/10/2023 AT&T 9011 20323544 9391082149 365.9
77119 08/10/2023 AT&T 9011 20319785 9391062358 63.82
77119 08/10/2023 AT&T 9011 20323544 9391082149 865.42
77119 08/10/2023 AT&T 9011 20323544 9391082149 1488.78
77119 08/10/2023 AT&T 9011 20319522 9391061237 100.67
77119 08/10/2023 AT&T 9011 20319523 9391061238 154.88
77119 08/10/2023 AT&T 9011 20319526 9391061243 146.26
77119 08/10/2023 AT&T 9011 19298895 9391082149 699.51
77119 08/10/2023 AT&T 9011 19298895 9391082149 699.51
77119 08/10/2023 AT&T 9011 20319522 9391061237 54.21
Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 8/10/2023 - 8/10/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) 77118 08/10/2023 ASAP LOCK & KEY 62746 Key Copies - Recreation 122.06 77119 08/10/2023 AT&T 9011 19298895 9391082149 1258.02
Amount
77147 08/10/2023 MOBLEY, KRIS 073123 Planning Commission 7.11 30 77148 08/10/2023 NAPA AUTO PARTS FORTUNA 44915 Vehicle Repair - Utilities 114.01 8/10/2023 11:26:13 AM Page 2 of 8
77145 08/10/2023 MITCHELL 1 IB29652317 Teamworks Software FY 23/24 68.63 77145 08/10/2023 MITCHELL 1 IB29652317 Teamworks Software FY 23/24 68.63 77146 08/10/2023 MITCHELL LAW FIRM, THE 1062 Attorney Services FY 23/24 890.5 77144 08/10/2023 MISSION LINEN INDUS SERV 519782096 Janitorial Supplies - Parks 499.1 77145 08/10/2023 MITCHELL 1 IB29652317 Teamworks Software FY 23/24 68.62 77145 08/10/2023 MITCHELL 1 IB29652317 Teamworks Software FY 23/24 68.63 77144 08/10/2023 MISSION LINEN INDUS SERV 519761148 River Lodge Linen Service 29.47 77144 08/10/2023 MISSION LINEN INDUS SERV 519768315 Janitorial Supplies - River Lodge 34.12 77144 08/10/2023 MISSION LINEN INDUS SERV 519780516 Parks/Rink Linen Service 86.69 77144 08/10/2023 MISSION LINEN INDUS SERV 519737072 Wastewater Linen Service 90.37 77144 08/10/2023 MISSION LINEN INDUS SERV 519737081 Parks/Rink Linen Service 76.89 77144 08/10/2023 MISSION LINEN INDUS SERV 519761148 River Lodge Linen Service 351.82 77143 08/10/2023 KRIKAVA, JANET 073123 Park Deposit Refund 250 77144 08/10/2023 MISSION LINEN INDUS SERV 519737071 Corp Yard Linen Service 50.6 77144 08/10/2023 MISSION LINEN INDUS SERV 519737071 Corp Yard Linen Service 69.93 77141 08/10/2023 KEENAN SUPPLY CO S013241193 Equipment Maintenance - WWTP 796.83 77141 08/10/2023 KEENAN SUPPLY CO S013253188 Fire Hydrant 4312.62 77142 08/10/2023 KEIN, MICHAEL 073123 Planning Commission 7.11 30 77138 08/10/2023 HELIX LABORATORIES INC 90979 Magnesium Hydroxide FY 23/24 5594.53 77139 08/10/2023 HUMBOLDT FENCE CO 11951B Iron Gate Latch - Parks 121.74 77140 08/10/2023 INDUSTRIAL ELECTRIC ARCATA INCIN47884 Equipment Maintenance - WWTP 1050.49 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 47 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 70.5 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77136 08/10/2023 HALLEY, STEPHANIE 073123 Planning Commission 7.11 30 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77137 08/10/2023 HEALTHSPORT 080123 August Gym Memberships 23.5 77135 08/10/2023 GROCERY OUTLET 080123 Supplies - Kiddie Kamp/Recreation 42.91 77135 08/10/2023 GROCERY OUTLET 080723 Supplies - Kiddie Kamp/Recreation 22.12 77135 08/10/2023 GROCERY OUTLET 080723 Supplies - Kiddie Kamp/Recreation 15.96 77134 08/10/2023 GRAINGER 9785954190 Equipment Maintenance - WWTP 80.77 77134 08/10/2023 GRAINGER 979043146 Supplies - WWTP 69.71 77135 08/10/2023 GROCERY OUTLET 080123 Supplies - Kiddie Kamp/Recreation 14.91 77133 08/10/2023 GHD INC 380-0036311 12th Street Stormwater Enhancement Project 870.18 77133 08/10/2023 GHD INC 380-0036311 12th Street Stormwater Enhancement Project 2610.52 77134 08/10/2023 GRAINGER 9785945131 Equipment Maintenance - WWTP 258.47 77133 08/10/2023 GHD INC 380-0036205 Sewer Master Plan 9890.65 77133 08/10/2023 GHD INC 380-0036217 US 101/12th Street Interchange PA & ED 18931.51 77133 08/10/2023 GHD INC 380-0036307 Rohner Creek Vegetation Monitoring 6156.2 77132 08/10/2023 FREEDOM FUEL 23717 Equipment Fuel 49.42 77132 08/10/2023 FREEDOM FUEL 23781 Equipment Fuel 38.27 77133 08/10/2023 GHD INC 380-0036076 CDBG Barrier Removal Project 6686.83 77131 08/10/2023 FRASCO PROFILES 2023070155 Pre-employment Background Checks 81.75 77132 08/10/2023 FREEDOM FUEL 23613 Equipment Fuel 36.54 77132 08/10/2023 FREEDOM FUEL 23614 Equipment Fuel 37.33 77130 08/10/2023 FORTUNA ACE HARDWARE 363863 Supplies - WWTP 66.75 77131 08/10/2023 FRASCO PROFILES 2023070155 Pre-employment Background Checks 70.76 77131 08/10/2023 FRASCO PROFILES 2023070155 Pre-employment Background Checks 70.77 77129 08/10/2023 EUREKA OXYGEN CO DM00847144 Cylinder Rentals FY 23/24 32.75 77130 08/10/2023 FORTUNA ACE HARDWARE 363613 Building Maintenance - WWTP 36.86 77130 08/10/2023 FORTUNA ACE HARDWARE 363841 Tools - WWTP 8.67 77129 08/10/2023 EUREKA OXYGEN CO DM00847144 Cylinder Rentals FY 23/24 32.75 77129 08/10/2023 EUREKA OXYGEN CO DM00847144 Cylinder Rentals FY 23/24 32.75 77129 08/10/2023 EUREKA OXYGEN CO DM00847144 Cylinder Rentals FY 23/24 32.75 Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77128 08/10/2023 ENGINEERED FIRE SYSTEMS, INC19760 Fire Plan Review 375 Amount
77161 08/10/2023 PITNEY BOWES 1023600909 Postage Machine Ink 270.14 8/10/2023 11:26:13 AM Page 3 of 8
77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07239729 17524449729 138.25 77159 08/10/2023 PHINNEY, JOSHUA 080323 Per Diem 8.13 - 8.16 (SLI Training) 243 77160 08/10/2023 PIERSON BUILDING CENTER 129620 Building Maintenance - WWTP 93.09 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07238568 41487528568 39.14 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07238897 65641318897 14.78 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07239662 43566719662 161.63 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07236009 33454186009 15.34 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07236357 27889626357 27062.97 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07238481 42737528481 54.01 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07234490 91564484490 19.31 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07234560 74193064560 8.65 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07235284 40654195284 33.84 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07233322 79545763322 90.16 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07233881 58771943881 1817.37 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07234197 34609744197 78.06 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07231965 88771941965 19.38 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07232716 23664592716 2.78 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07232987 61444662987 8.11 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 1290.84 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 374.37 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07231921 41070861921 32.09 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 113.94 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 3387.44 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 22446.49 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 243.38 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 3522.5 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 354.93 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230527 59188610527 98.43 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230729 95900010729 85.48 77157 08/10/2023 PACIFIC GAS & ELECTRIC CO 07230845 46580260845 3484.09 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 189139 Vehicle Repair - Building Dept 30.63 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 189614 Vehicle Repair - Building Dept 22.62 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE EB34517191 June First Call EB Credit -10.92 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 188724 Vehicle Repair - Building Dept 9.63 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 188950 Vehicle Repair - Utilities 23.86 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 189115 Vehicle Repair - General Services 17.71 77155 08/10/2023 OPTIMUM AUG23RL River Lodge Internet Service FY 23/24 139.45 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 188371 Credit Return - PD -85.56 77156 08/10/2023 O'REILLY AUTOMOTIVE STORE 188461 Vehicle Repair - Building Dept 22.55 77155 08/10/2023 OPTIMUM AUG23CH CH/PD/PW Internet Service FY 23/24 58.61 77155 08/10/2023 OPTIMUM AUG23CH CH/PD/PW Internet Service FY 23/24 58.61 77155 08/10/2023 OPTIMUM AUG23PO Parks Internet Service FY 23/24 240.61 77154 08/10/2023 ONTIVEROS & ASSOCIATES IN 5529 Ramirez Lopez Rohnerville Plan Review 210 77155 08/10/2023 OPTIMUM AUG23CH CH/PD/PW Internet Service FY 23/24 58.62 77155 08/10/2023 OPTIMUM AUG23CH CH/PD/PW Internet Service FY 23/24 58.61 77153 08/10/2023 O'CONNOR & COMPANY 0723-30 Auditor Fees FY 23/24 950 77153 08/10/2023 O'CONNOR & COMPANY 0723-30 Auditor Fees FY 23/24 950 77154 08/10/2023 ONTIVEROS & ASSOCIATES IN 5528 Johnson Rohnerville Plan Review 195 77151 08/10/2023 NORCAL AUTOBODY INC 5652 Vehicle Repair - General Services 325.5 77152 08/10/2023 NORTH COAST JOURNAL 2023115263 Abandoned Cart Notice of Public Hearing 108 77153 08/10/2023 O'CONNOR & COMPANY 0723-30 Auditor Fees FY 23/24 2850 77149 08/10/2023 NATURE JOE'S 080323 Animal Island Visit - Kiddie Kamp/Summer Fun 550 77150 08/10/2023 NCL OF WISCONSIN INC 490439 Lab Supplies -9.37 77150 08/10/2023 NCL OF WISCONSIN INC 490439 Lab Supplies 143.47 77148 08/10/2023 NAPA AUTO PARTS FORTUNA 44996 Vehicle Repair - General Services 39.52 77148 08/10/2023 NAPA AUTO PARTS FORTUNA 45217 Supplies - WWTP 60.49 77149 08/10/2023 NATURE JOE'S 080323 Animal Island Visit - Kiddie Kamp/Summer Fun 550 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77148 08/10/2023 NAPA AUTO PARTS FORTUNA 44917 Building Maintenance - WWTP 101.38 77148 08/10/2023 NAPA AUTO PARTS FORTUNA 44985 Vehicle Repair - PD 128.77 Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Amount
77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 97.64 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 31.98 8/10/2023 11:26:13 AM Page 4 of 8
77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 148.68 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 31.98 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 92.95 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 41.98 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 14 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 34.72 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 602.8 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 113.75 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 910.26 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 597.9 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 49.9 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 1013.08 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 42.54 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 143.99 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 454.62 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 425 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 92.95 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 23.99 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 44 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 1947.81 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 2130.49 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 547.4 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 20 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 469 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 37.96 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 359.24 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 40.87 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 816.93 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 131.63 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 97.63 77176 08/10/2023 TIMES PRINTING COMPANY 23-30928 Window Envelopes 278.54 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 233.58 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 8.67 77175 08/10/2023 STATEWIDE TRAFFIC SAFETY 9008933 Traffic Paint 929.78 77176 08/10/2023 TIMES PRINTING COMPANY 23-30928 Window Envelopes 139.27 77176 08/10/2023 TIMES PRINTING COMPANY 23-30928 Window Envelopes 278.54 77172 08/10/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3560 5% Retention 2320.55 77173 08/10/2023 SPRINGVILLE SAFETY & SUPPLY40199 Supplies - WWTP 17.31 77174 08/10/2023 STAPLES BUSINESS CREDIT 7902446437 Summer Fun Supplies 59.53 77171 08/10/2023 SHN CONSULTING ENG & GEOL 118140 Consulting Services 2355 77172 08/10/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3560 5% Retention -2320.55 77172 08/10/2023 SIMPSON SANDBLASTING & SPECIAL COATINGS 3560 Hillside/Campton Tank Recoating Project 44090.45 77168 08/10/2023 RON DUPRATT FORD 418684 Vehicle Repair - Utilities 275.76 77169 08/10/2023 SEITZ, MARK 073123 Planning Commission 7.11 30 77170 08/10/2023 SHERLOCK RECORDS MANAGEMENT 3962 Finance Record Storage Service FY 23/24 50 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 Kenmar/Drake Hill Station Stationary GenSet25143.12 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 5% Retention 1323.32 77168 08/10/2023 RON DUPRATT FORD 418064 Vehicle Repair - PD 781.02 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 5% Retention 3969.96 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 Kenmar/Drake Hill Station Stationary GenSet75429.34 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 5% Retention -1323.32 77165 08/10/2023 RAY'S FOOD PLACE 1740516 Summer Fun Supplies 19.56 77166 08/10/2023 RESERVE ACCOUNT 080223 Replenish Postage Meter 2500 77167 08/10/2023 ROBERT COLBURN ELECTRIC INC22359 5% Retention -3969.96 77162 08/10/2023 PLATT ELECTRIC SUPPLY 4G40002 Light Bulbs - River Lodge 39.17 77163 08/10/2023 R.E.M.I.F. INV-005112 Semi-annual Legacy Apr - June 774.92 77164 08/10/2023 RANSFORD, MIKE 080123 Tool Allowance Remainder (Per FEA MOU) 165.93 Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77162 08/10/2023 PLATT ELECTRIC SUPPLY 4F79838 Building Maintenance - City Hall 46 Amount
77180 08/10/2023 VWR INTERNATIONAL LLC 8813532849 Equipment Maintenance - WWTP 120.19 Grand Total: 330353.63
8/10/2023 11:26:13 AM Page 5 of 8
77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 695 77178 08/10/2023 ULINE 166304700 Lab Supplies 533.67
77179 08/10/2023 VERIZON WIRELESS 9940564291 SCADA Messaging Service FY 23/24 5.2 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 10 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 1898.66 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 20 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 300 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 281.02 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 60.27 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 157.68 77177 08/10/2023 U.S. BANK 072423 July Cal Card Expenses 10 Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 100-6035-3200 Personnel Services 469
8/10/2023 11:26:13 AM Page 6 of 8
100-6025-1200 Professional Services 50
100-6025-1400 Professional Services 1050
100-6025-2000 Professional Services 1050
100-6035-1100 Personnel Services 70.76
100-6035-1150 Personnel Services 70.77
100-6035-2000 Personnel Services 20
100-5715-4100 Vehicle Repairs 382.73
100-5740-1500 Building Repair and Maintenance 46
100-5741-5450 Newburg Park Maintenance 40.87
100-5745-5450 Vandalism Repair 547.4
100-6000-1400 Audit Fees 2850
100-6020-1300 Legal Services 890.5
100-5500-4100 Department Supplies 180.98
100-5500-5400 Department Supplies 197.05
100-5500-5450 Department Supplies 480.98
100-5505-5450 Vehicle Fuel & Oil 161.56
100-5565-5450 Janitorial Supplies 662.68
100-5715-2000 Vehicle Repairs 813.31
100-5265-2000 Miscellaneous Benefits 210.5
100-5265-4000 Miscellaneous Benefits 23.5
100-5265-4100 Miscellaneous Benefits 212.93
100-5265-5400 Miscellaneous Benefits 63.5
100-5500-1150 Department Supplies 8.67
100-5500-2000 Department Supplies 948.56
100-1684 Distributed Telephone 477.96
100-2220 Refundable Park Deposits 250
100-2460 Sales Tax Payable -9.37
100-5265-1100 Miscellaneous Benefits 23.5
100-5265-1150 Miscellaneous Benefits 23.5
100-5265-1200 Miscellaneous Benefits 43.5
Account Summary
Account Number Account Name Payment Amount
100-1600 Prepaid Liability & Property INS 5000
100-1610 Prepaid Postage 2500
100-1660 Prepaid Workers Compensation 3469.24
100-1680 Distributed Office Supplies 642.99
100-1683 Distributed Utilities 3581.46
351 - FEMA Fund 78039.86
500 - Water Fund 31461.51
510 - Water Capital Fund 69514.59
550 - Wastewater Fund 41526.1
560 - Wastewater Capital Fund 9890.65
590 - TDA Transit Fund 822.93
672 - Forest Hill Water Booster Fund 374.37
830 - CDBG Business Fund 6686.83
Grand Total: 330353.6
100 - General Fund 53115.66
101 - Transaction and Use Tax Fund 870.18
105 - Donations Fund 14
120 - Development & Building Fund 3260.97
160 - Riverlodge Fund 5088.36
200 - Storm Drainage Fund 6156.2
250 - FBID Fund 31.98
270 - STIP/TEA Fund 18931.51
280 - Gas Tax Fund 4567.93
Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Report Summary
Fund Summary
Fund Payment Amount
351-6025-9102 Professional Services 79399.3
500-5265-6100 Miscellaneous Benefits 40
8/10/2023 11:26:13 AM Page 7 of 8
280-5265-4200 Miscellaneous Benefits 20
280-5500-4200 Department Supplies 929.78
280-6505-4200 Utility - General & Electric 3525.2
280-7000-4200 Travel, Conferences & Training 92.95
351-2030 Retention Payable -3969.96
351-6005-9100 Engineering Services 2610.52
160-6200-5800 Telephone 486.79
160-6210-5800 Internet Service 2020.84
160-6505-5800 Utility - General & Electric 1915.8
200-6025-4310 Professional Services 6156.2
250-5500-1800 Department Supplies 31.98
270-6005-9112 Engineering Services 18931.51
120-6200-3000 Telephone 17.04
160-5500-5800 Department Supplies 34.72
160-5547-5800 User Group Linen 351.82
160-5565-5800 Janitorial Supplies 63.59
160-5740-5800 Building Repair and Maintenance 187.85
160-6200-5700 Telephone 26.95
101-6005-9100 Engineering Services 870.18
105-5500-2850 Department Supplies 14
120-5265-3000 Miscellaneous Benefits 23.5
120-5715-3000 Vehicle Repairs 85.43
120-6005-3000 Engineering Services 375
120-6005-3100 Engineering Services 2760
100-7222-5400 Kiddie Kamp Program 1621.95
100-7230-5400 Skating/Pavilion 602.8
100-7600-3200 Planning Commission 180
100-7612-1100 Contingency 113.75
100-7612-2000 Contingency 910.26
100-7616-1000 Televised Meetings 41.98
100-7015-4100 Dues & Subscriptions 68.63
100-7015-5450 Dues & Subscriptions 120
100-7200-5400 Sports Leagues 5540
100-7215-5400 Adult Sports 454.62
100-7220-5400 Summer Fun 1226.99
100-7221-5400 School Recreation Program 49.9
100-7000-2000 Travel, Conferences & Training 2373.49
100-7000-3200 Travel, Conferences & Training 425
100-7000-4100 Travel, Conferences & Training 92.95
100-7015-1100 Dues & Subscriptions 23.99
100-7015-1150 Dues & Subscriptions 42.54
100-7015-2000 Dues & Subscriptions 212.61
100-6505-4000 Utility - General & Electric 8.11
100-6505-5400 Utility - General & Electric 275.47
100-6505-5450 Utility - General & Electric 3615.65
100-6505-5500 Utility - General & Electric 363.58
100-6505-5600 Utility - General & Electric 147.78
100-7000-1000 Travel, Conferences & Training 1947.81
100-6210-1500 Internet Service 924.04
100-6210-2000 Internet Service 1547.39
100-6210-5450 Internet Service 1243.42
100-6305-1400 Publication Expense 108
100-6315-1400 Employee Recognition 44
100-6505-2800 Utility - General & Electric 138.25
Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Account Summary
Account Number Account Name Payment Amount
100-6200-2000 Telephone 683.74
100-6200-5400 Telephone 461.93
Project Account Summary
Project Account Key Payment Amount
**None** 330339.6
Exp DONATION-K9 14
Grand Total: 330353.6
8/10/2023 11:26:13 AM Page 8 of 8
590-6035-5000 Personnel Services 101.75
590-6200-5000 Telephone 26.18
590-7000-5000 Travel, Conferences & Training 695
672-6505-6515 Utility - General & Electric 374.37
830-6025-9977 Professional Services 6686.83
Grand Total: 330353.6
550-6205-6700 Cell Phones 5.2
550-6210-6700 Internet Service 1124.01
550-6505-6600 Utility - General & Electric 28605.6
550-6633-6600 Regulatory Compliance 1898.66
550-7015-6600 Dues & Subscriptions 68.63
560-6005-9110 Engineering Services 9890.65
550-5555-6600 Plant Chemicals 5594.53
550-5557-6600 Lab Supplies 677.14
550-5720-6600 Equipment Repair 1509.92
550-6000-6700 Audit Fees 950
550-6035-6500 Personnel Services 10
550-6200-6500 Telephone 373.47
510-2030 Retention Payable -3643.87
510-6025-0925 Professional Services 46692.02
510-6025-9102 Professional Services 26466.44
550-5500-6500 Department Supplies 32.75
550-5500-6600 Department Supplies 397.65
550-5500-6700 Department Supplies 278.54
500-6035-6100 Personnel Services 10
500-6200-6100 Telephone 90.77
500-6210-6300 Internet Service 1124.02
500-6505-6000 Utility - General & Electric 22446.49
500-6633-6000 Regulatory Compliance 300
500-7015-6000 Dues & Subscriptions 68.63
500-5500-6300 Department Supplies 310.52
500-5715-6100 Vehicle Repairs 413.63
500-5720-6000 Equipment Repair 954.51
500-5740-6000 Building Repair and Maintenance 231.33
500-5900-6000 Tools & Small Equipment 8.67
500-6000-6300 Audit Fees 950
Expense Approval Report Payment Dates: 8/10/2023 - 8/10/2023 Account Summary
Account Number Account Name Payment Amount
500-5500-6100 Department Supplies 4512.94
Amount
77209 08/16/2023 HUMMEL TIRE & WHEEL 271583 Tires - PD 833.74 8/16/2023 2:39:44 PM Page 1 of 5
77208 08/16/2023 HUMBOLDT VETERINARY MEDICAL GRP 1138048 Vet Services 70 77209 08/16/2023 HUMMEL TIRE & WHEEL 271534 Bobcat Tires 2033.66 77209 08/16/2023 HUMMEL TIRE & WHEEL 271544 Tire Sensor - Utilities 95.43 77208 08/16/2023 HUMBOLDT VETERINARY MEDICAL GRP 1137912 Vet Services 34.13 77208 08/16/2023 HUMBOLDT VETERINARY MEDICAL GRP 1137912 Vet Services 190 77208 08/16/2023 HUMBOLDT VETERINARY MEDICAL GRP 1138006 Vet Services 75 77206 08/16/2023 HUMBOLDT LODGING ALLIANCE 081423 4th Quarter End 6.30.23 HTA Allocation -383.99 77207 08/16/2023 HUMBOLDT PETROLEUM 112404 Car Wash Services - PD 28 77208 08/16/2023 HUMBOLDT VETERINARY MEDICAL GRP 1137305 Vet Services 71.07 77204 08/16/2023 GROCERY OUTLET 081423 Catering Supplies - River Lodge 3.57 77205 08/16/2023 HELIX LABORATORIES INC 90949 Alka-Mag - WWTP 5594.53 77206 08/16/2023 HUMBOLDT LODGING ALLIANCE 081423 4th Quarter End 6.30.23 HTA Allocation 38399.08 77203 08/16/2023 GRAINGER 9799433777 Tools/Supplies - WWTP 314.93 77204 08/16/2023 GROCERY OUTLET 080423 Janitorial Supplies - Parks 22.15 77204 08/16/2023 GROCERY OUTLET 081423 Catering Supplies - River Lodge 39.68 77201 08/16/2023 FREEDOM FUEL 23900 Equipment Fuel 19.13 77202 08/16/2023 GHD INC 380-0036432 12th Street Stormwater Project 12874.91 77203 08/16/2023 GRAINGER 9799433777 Tools/Supplies - WWTP 61.15 77199 08/16/2023 FORTUNA ACE HARDWARE 364279 Patch Painting Supplies - City Hall 19.51 77200 08/16/2023 FORTUNA CHAMBER OF COMMERCE081423 4th Quarter End 6.30.23 TOT Allocation 19831.81 77201 08/16/2023 FREEDOM FUEL 23865 Propane - General Services 38.44 77199 08/16/2023 FORTUNA ACE HARDWARE 364164 Supplies - Parks 57.48 77199 08/16/2023 FORTUNA ACE HARDWARE 364168 Patch Painting Supplies - City Hall 49.42 77199 08/16/2023 FORTUNA ACE HARDWARE 364244 Supplies - Parks 54.21 77199 08/16/2023 FORTUNA ACE HARDWARE 364077 Tools - WWTP 122.57 77199 08/16/2023 FORTUNA ACE HARDWARE 364079 Valve Key - Utilities 62.9 77199 08/16/2023 FORTUNA ACE HARDWARE 364081 Janitorial Supplies - Parks 17.32 77199 08/16/2023 FORTUNA ACE HARDWARE 364012 Building Maintenance - WWTP 39.67 77199 08/16/2023 FORTUNA ACE HARDWARE 364026 Patch Painting Supplies - City Hall 35.77 77199 08/16/2023 FORTUNA ACE HARDWARE 364033 Patch Painting Supplies - City Hall 13.01 77199 08/16/2023 FORTUNA ACE HARDWARE 363968 Supplies - Streets 70.69 77199 08/16/2023 FORTUNA ACE HARDWARE 363987 Supplies - Streets 41.21 77199 08/16/2023 FORTUNA ACE HARDWARE 363994 Supplies - Utilities 177.92 77197 08/16/2023 EXPRESS SERVICES INC 29449503 Employment Services - D Rockholt 864.2 77198 08/16/2023 FEDEX 2-184-17668 Shipping Services - Lab 56.75 77199 08/16/2023 FORTUNA ACE HARDWARE 363749 Supplies - PD 0.75 77194 08/16/2023 ECO MEDICAL 19608 Medical Waste Disposal Service 37.07 77195 08/16/2023 ECOLAB 6339970917 River Lodge Dishmachine Chemicals FY 23/24108.5 77196 08/16/2023 EEL RIVER LODGE #147 080923 Park Deposit Refund 250 77191 08/16/2023 DLT SOLUTIONS, INC 5188969A Auto CAD Annual Subscription 1281.9 77192 08/16/2023 DODSON, MORGAN 080823 Expense Reimbursement - Redwood Village Event 132.75 77193 08/16/2023 DOWNTOWN MERCHANTS 081023 BID Distribution Share 3.23 - 6.23 75.45 77189 08/16/2023 COUNTY OF HUMBOLDT 073123 July Parking Fees 70 77189 08/16/2023 COUNTY OF HUMBOLDT 073123 July Parking Fees 150 77190 08/16/2023 DINEART/MADMETALS 1135 Redwood Village Event Service 300 77186 08/16/2023 CLYDE'S TOWING, INC 25723 Towing Services - General Services 150 77187 08/16/2023 CODE PUBLISHING COMPANY GC0011507 Municipal Code Web Update 318.5 77188 08/16/2023 CORDEIRO, MARION 081423 River Lodge Deposit Refund 250 77183 08/16/2023 BICOASTAL MEDIA GROUP 15696-7 Advertising - Recreation 200 77184 08/16/2023 BOWSER, HOPE 081423 River Lodge Deposit Refund 1000 77185 08/16/2023 CITY OF FERNDALE 073123 July Parking Fees 76.05 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 8/16/2023 - 8/16/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) 77181 08/16/2023 AT&T 5025 08230893 23484108935031 31.43 77182 08/16/2023 AT&T 9011 20352902 9391064205 284.97
Amount
77227 08/16/2023 RECOLOGY EEL RIVER 102104 Dumpsters - Rodeo 186.11 77227 08/16/2023 RECOLOGY EEL RIVER 102105 Dumpsters - Rodeo 902.45 8/16/2023 2:39:44 PM Page 2 of 5
77226 08/16/2023 RAO CONSTRUCTION CO INC 003 12th St Integrated Stormwater Project -16140.23 77226 08/16/2023 RAO CONSTRUCTION CO INC 003 12th St Integrated Stormwater Project 322804.5 77227 08/16/2023 RECOLOGY EEL RIVER 102103 Dumpsters - Rodeo 186.11 77225 08/16/2023 PROVIDENCE HOSPITAL 080923 Park Deposit Refund 250 77226 08/16/2023 RAO CONSTRUCTION CO INC 003 12th St Integrated Stormwater Project -2030.35 77226 08/16/2023 RAO CONSTRUCTION CO INC 003 12th St Integrated Stormwater Project 40607.11 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07239507 47733469507 1738.61 77223 08/16/2023 PAPE MACHINERY 14649237 Equipment Maintenance - Parks 618.46 77224 08/16/2023 PLATT ELECTRIC SUPPLY 4G60749 Photo Control - Streets 215.37 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07238379 51382078379 441.81 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07239363 48780729363 19.13 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07239457 99509569457 19.54 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07236230 40689526230 849.76 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07236485 44193066485 22.64 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07237872 67125257872 113.21 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07235020 63983385020 105.45 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07235127 43154195127 108.5 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07235729 75033105729 144.26 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07233994 28883393994 47.33 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07234050 33381924050 45.2 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07234082 45966674082 25.83 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07232970 93570722970 181.92 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07233045 45859733045 195.49 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07233473 69711643473 34.59 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07232034 98154202034 909.06 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07232501 10129392501 546.56 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07232728 48364062728 688.5 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 190154 Vehicle Repair - Utilities 58.56 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07230906 78346610906 51.1 77221 08/16/2023 PACIFIC GAS & ELECTRIC CO 07231200 81934311200 92.36 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189886 Vehicle Repair - PD 514.28 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189933 Vehicle Repair - PD 38.85 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 190141 Vehicle Repair - Parks 18.23 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189830 Credit Return -30.63 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189837 Vehicle Repair - PD 171.26 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189880 Equipment Maintenance - Parks 22.5 77219 08/16/2023 NYLEX.NET 13984 Connection Troubleshooting - Planning 375 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189209 Vehicle Repair - Utilities 41.2 77220 08/16/2023 O'REILLY AUTOMOTIVE STORE 189810 Equipment Maintenance - Parks 8.29 77219 08/16/2023 NYLEX.NET 13957 IT Services - Parks/CH/PD/Rodeo 450 77219 08/16/2023 NYLEX.NET 13957 IT Services - Parks/CH/PD/Rodeo 62.5 77219 08/16/2023 NYLEX.NET 13957 IT Services - Parks/CH/PD/Rodeo 187.5 77217 08/16/2023 NOR CAL GLOVES 1560447 Gloves - PD 650.04 77218 08/16/2023 NORMAN'S DRY CLEANERS 78756 River Lodge Linen Service 44.85 77219 08/16/2023 NYLEX.NET 13957 IT Services - Parks/CH/PD/Rodeo 62.5 77215 08/16/2023 MISSION LINEN INDUS SERV 519803776 River Lodge Linen Service/Janitorial Supplies 94.42 77215 08/16/2023 MISSION LINEN INDUS SERV 519803776 River Lodge Linen Service/Janitorial Supplies158.37 77216 08/16/2023 NAPA AUTO PARTS FORTUNA 45269 Equipment Maintenance - Parks 41.98 77215 08/16/2023 MISSION LINEN INDUS SERV 519780506 Corp Yard Linen Service 86.28 77215 08/16/2023 MISSION LINEN INDUS SERV 519780507 Wastewater Linen Service 90.07 77215 08/16/2023 MISSION LINEN INDUS SERV 519796663 Police Mat Service FY 23/24 41.96 77214 08/16/2023 MAD RIVER RADIO 23070048 K9 Fundraiser Advertising 198 77215 08/16/2023 MISSION LINEN INDUS SERV 519751579 Trash Can Liners - Shop 85.02 77215 08/16/2023 MISSION LINEN INDUS SERV 519780506 Corp Yard Linen Service 105.62 77211 08/16/2023 JB FABRICATION 1982 Supplies - Utilities 236.8 77212 08/16/2023 JENNI'S CAR WASH 251546 Car Wash Tokens - PD 80 77213 08/16/2023 LOTUS MOUNTAIN 14590 BBall Court Measure E Signs 142.18 Expense Approval Report Payment Dates: 8/16/2023 - 8/16/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77210 08/16/2023 JAM SERVICES INC 1701651 LED Replacements - Streets 143.22 Amount
77244 08/16/2023 WOODS PEST CONTROL 1224584 Parks Pest Services FY 23/24 150 Grand Total: 640400.61
8/16/2023 2:39:44 PM Page 3 of 5
77241 08/16/2023 USABLUEBOOK INV00090353 Supplies - WWTP 546.07 77242 08/16/2023 WHITCHURCH ENGINEERING COF-234718 Police Facility Remodel Project 2197.5 77243 08/16/2023 WHITE, ANDREW 081523 Per Diem 8.22 - 8.24 (Water Dist II Review) 123 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 55.32 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 55.32 77241 08/16/2023 USABLUEBOOK INV00082197 Lab Supplies 118.68 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 18.44 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 18.44 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 18.44 77239 08/16/2023 UBEO BUSINESS SERVICES 4190307 Water System - Park Office 42.32 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 165.95 77240 08/16/2023 US BANK EQUIPMENT FINANCE 508138021 MFP Lease FY 23/24 129.08 77239 08/16/2023 UBEO BUSINESS SERVICES 4190306 Water System - Public Works 21.16 77239 08/16/2023 UBEO BUSINESS SERVICES 4190306 Water System - Public Works 21.16 77239 08/16/2023 UBEO BUSINESS SERVICES 4190306 Water System - Public Works 42.31 77238 08/16/2023 TRACTOR SUPPLY CREDIT PLA 749312 K9 Food - Cain 98.93 77238 08/16/2023 TRACTOR SUPPLY CREDIT PLA 749435 Kennel Supplies 13.01 77238 08/16/2023 TRACTOR SUPPLY CREDIT PLA 750991 Kennel Supplies 79.17 77235 08/16/2023 SPORT & CYCLE 226832 Softball Score Books 65.03 77236 08/16/2023 STUCKEY, BRITTANY 081423 River Lodge Deposit Refund 1000 77237 08/16/2023 SUN RIDGE SYSTEMS, INC 7750 RIMS Annual Support 30330 77233 08/16/2023 SEQUOIA CONSTRUCTION SPECIALTIES 2023073 5% Retention 8230.54 77233 08/16/2023 SEQUOIA CONSTRUCTION SPECIALTIES 2023073 Police Facility Remodel Project 156380.35 77234 08/16/2023 SHETA, LANA 080923 River Lodge Deposit Refund 250 77231 08/16/2023 SAWLEY, JAMES 081423 Monday Club Deposit Refund 250 77232 08/16/2023 SCOTTY'S CUTTERS EDGE 153548 Supplies - WWTP 182.24 77233 08/16/2023 SEQUOIA CONSTRUCTION SPECIALTIES 2023073 5% Retention -8230.54 77228 08/16/2023 REMOTE SATELLITE SYSTEMS 124235 Police Satellite Phone Service FY 23/24 69.95 77229 08/16/2023 ROCHA'S AUTOMOTIVE INC 121202 Vehicle Software Update - PD 175 77230 08/16/2023 RON DUPRATT FORD 421034 Vehicle Repair - PD 117.14 77227 08/16/2023 RECOLOGY EEL RIVER 102108 Dumpsters - AutoXpo 892.45 77227 08/16/2023 RECOLOGY EEL RIVER 622923 Debris Disposal 123.2 77227 08/16/2023 RECOLOGY EEL RIVER 623735 Debris Disposal 50.4 Payment Number Payment Date Vendor Name Payable Number Description (Item) 77227 08/16/2023 RECOLOGY EEL RIVER 102106 Dumpsters - Rodeo 902.45 77227 08/16/2023 RECOLOGY EEL RIVER 102107 Dumpsters - AutoXpo 892.45 Expense Approval Report Payment Dates: 8/16/2023 - 8/16/2023 100-7015-2000 Dues & Subscriptions 111.91
100-7015-4000 Dues & Subscriptions 1281.9
8/16/2023 2:39:44 PM Page 4 of 5
100-6220-2000 CLETS Service 284.97
100-6225-1400 Codification Misc 318.5
100-6300-5400 Advertising 200
100-6505-2000 Utility - General & Electric 34.59
100-6505-5450 Utility - General & Electric 1671.39
100-6801-1800 Chamber TOT 19831.81
100-5775-1500 Network Support 62.5
100-5775-2000 Network Support 450
100-5775-5400 Network Support 62.5
100-6015-9104 General Contracting 166808.4
100-6025-3200 Professional Services 375
100-6025-5450 Professional Services 864.2
100-5715-2000 Vehicle Repairs 1958.27
100-5715-4100 Vehicle Repairs 150
100-5715-5450 Vehicle Repairs 18.23
100-5720-5450 Equipment Repair 691.23
100-5740-1500 Building Repair and Maintenance 117.71
100-5740-5450 Building Repair and Maintenance 150
100-5565-5450 Janitorial Supplies 39.47
100-5705-1500 Equipment Maintenance 165.95
100-5705-2000 Equipment Maintenance 129.08
100-5705-4000 Equipment Maintenance 18.44
100-5705-5450 Equipment Maintenance 18.44
100-5710-2000 Software Maintenance 30330
100-5500-2000 Department Supplies 650.79
100-5500-2800 Department Supplies 92.18
100-5500-4000 Department Supplies 21.16
100-5500-4100 Department Supplies 352.28
100-5500-5450 Department Supplies 154.01
100-5505-5450 Vehicle Fuel & Oil 19.13
100-2040 Humboldt Tourism Assessment 38399.08
100-2220 Refundable Park Deposits 500
100-2405 Parking Fund-County 70
100-2410 Parking Fund-State 150
100-2415 Parking Fund - Ferndale 76.05
100-4061 Humboldt Tourism Assessment -383.99
500 - Water Fund 7080.28
550 - Wastewater Fund 7276.42
670 - Rancho Bueno Vista Fund 47.33
671 - Kenwood Meadows Fund 181.92
677 - Astor Sewer District Fund 45.2
Grand Total: 640400.6
Account Summary
Account NumberAccount Name Payment Amount
100-2030 Retention Payable -8230.54
100 - General Fund 262669.4
101 - Transaction and Use Tax Fund 38817.87
105 - Donations Fund 198
120 - Development & Building Fund -30.63
160 - Riverlodge Fund 3362.09
210 - Solid Waste Fund 37.07
250 - FBID Fund 508.2
280 - Gas Tax Fund 668.3
352 - DWR-State Water Fund 319539.2
Expense Approval Report Payment Dates: 8/16/2023 - 8/16/2023 Report Summary
Fund Summary
Fund Payment Amount
**None** 640202.6
Exp DONATION-K9 198
Grand Total: 640400.6
8/16/2023 2:39:44 PM Page 5 of 5
550-6633-6600 Regulatory Compliance 56.75
670-6505-6505 Utility - General & Electric 47.33
671-6505-6510 Utility - General & Electric 181.92
677-6505-6526 Utility - General & Electric 45.2
Grand Total: 640400.6
Project Account Summary
Project Account Key Payment Amount
550-5500-6700 Department Supplies 42.31
550-5555-6600 Plant Chemicals 5594.53
550-5557-6600 Lab Supplies 118.68
550-5705-6700 Equipment Maintenance 55.32
550-5900-6600 Tools & Small Equipment 437.5
550-6505-6600 Utility - General & Electric 70.64
500-5720-6100 Equipment Repair 2033.66
500-5740-6000 Building Repair and Maintenance 90.07
500-6200-6100 Telephone 31.43
500-6505-6000 Utility - General & Electric 3987.71
500-7000-6100 Travel, Conferences & Training 123
550-5500-6600 Department Supplies 900.69
352-2030 Retention Payable -16140.23
352-6005-9101 Engineering Services 335679.4
500-5500-6000 Department Supplies 236.8
500-5500-6100 Department Supplies 327.1
500-5705-6300 Equipment Maintenance 55.32
500-5715-6100 Vehicle Repairs 195.19
210-5735-5300 Janitorial Services - HHW 37.07
250-6025-1800 Professional Services 508.2
280-5500-4200 Department Supplies 111.9
280-5725-4200 Traffic Signal Maintenance 143.22
280-5726-4200 Street Light Maintenance 215.37
280-6505-4200 Utility - General & Electric 197.81
160-5546-5800 Catering - Other 3.57
160-5547-5800 User Group Linen 94.42
160-5565-5800 Janitorial Supplies 203.22
160-5575-5800 Kitchen Chemical 108.5
160-5705-5800 Equipment Maintenance 18.44
160-6505-5700 Utility - General & Electric 144.26
101-6015-9106 General Contracting 142.18
105-5500-2850 Department Supplies 198
120-5715-3000 Vehicle Repairs -30.63
160-2221 Monday Club Deposits 250
160-2222 River Lodge Deposits 2500
160-5540-5800 Catering - Food 39.68
100-7400-2800 Miranda's Rescue 109.13
100-7455-2800 Veterinary Expenses 331.07
100-7612-1800 Contingency - Community Events 4149.52
101-2030 Retention Payable -2030.35
101-5500-2850 Department Supplies 98.93
101-6005-9101 Engineering Services 40607.11
Expense Approval Report Payment Dates: 8/16/2023 - 8/16/2023 Account Summary
Account NumberAccount Name Payment Amount
100-7215-5450 Adult Sports 65.03
Consent Item 4j

STAFF REPORT
Consent Agenda Item
__________________________________________________________________________________________________________________ DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Ryan Plotz, City Attorney
THROUGH: Merritt Perry, City Manager
SUBJECT: Rejection of Claim Submitted by Cari McCormick and Direct the City Clerk to Send Notice of Rejection
STAFF RECOMMENDATION:

Staff recommends that the council reject the claim submitted by Cari McCormick and Direct the City Clerk to send a Notice of Rejection.

EXECUTIVE SUMMARY
Claimant Cari McCormick, through her attorney, submitted a claim to the City of Fortuna, as well as 1,500 other public entities throughout California, alleging discrimination in the CalPERS system. Ms. McCormick was never an employee of the City, but named the City as a defendant in the potential class action suit because the City is a CalPERS participant.

Our City Attorney and our insurance provider recommend that the City Council reject this claim.

FISCAL IMPACT:

There is no fiscal impact at this time.

RECOMMENDED ACTION:

Motion to reject the claim submitted by Cari McCormick and Direct the City Clerk to send a Notice of Rejection. Consent Agenda vote.

ATTACHMENTS:
 Cari McCormick vs. California Public Employee’s Retirement System (Claim)  Notice of Rejection

Business Item 4k

STAFF REPORT
Consent Agenda Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Approve the Investment Policy for Fiscal Year 2023-24; Adopt Resolution 2023-25
STAFF RECOMMEDATION:

Approve the Investment Policy for Fiscal Year 2023-24; Adopt Resolution 2023-25.

EXECUTIVE SUMMARY:

The purpose of the Investment Policy (Policy) is to establish cash management and investment guidelines for the City Treasurer, who is responsible for the administration of the City of Fortuna Investment Program. It is the policy of the City of Fortuna to meet the short and long-term cash flow demands of the City in a manner, which will provide for the safety of principal and sufficient liquidity, while providing an investment return.

The City last revised the Investment Policy on November 7, 2022. As such, it is time for the annual review by the City Council of the Investment Policy. Staff has provided a red-lined version of the Investment Policy with suggested changes to bring the Policy up to date to both current practices and Government Code requirements.

The one change being proposed is to provide language ensuring that all Negotiable Certificates of Deposit will be fully insured by federal deposit insurance while removing certain limitations on which institutions can be used since they will now be required to be covered by FDIC insurance.

The federal deposit insurance corporation currently insures deposits up to $250,000 per depositor as long as the institution is a member firm. The City currently operates with only investing in CD’s that are fully FDIC insured and this policy change will not require any changes to the current investments held by the City.

Attached is the June 30, 2023 investment report for Council review. Please note that the total funds listed in the investment report are pooled funds comprised of the many general funds, restricted funds, and enterprise funds held by the City and therefore a majority of the funds are restricted to specific projects and purposes.

RECOMMENDED COUNCIL ACTION:

Receive Investment Policy staff report. Consent Agenda vote.

Business Item 4k

ATTACHMENTS
• Resolution 2023- 25, A Resolution of the City Council of the City of Fortuna Approving the Investment Policy for the Fiscal Year 2023-24.
• City of Fortuna Investment Policy red-lined version
• June 30, 2023 Treasurer’s Report
Business Item 4k

RESOLUTION 2023-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA APPROVING THE INVESTMENT POLICY FOR THE FISCAL YEAR 2023-24 WHEREAS, sound investment practices are facilitated by the preparation of written governing policy statements, and;
WHEREAS, such policies should cover all substantive aspects of the investment of funds, and; WHEREAS, the City Treasurer has prepared a comprehensive Investment Policy document pursuant to which the City will manage and conduct investment of the City’s pooled funds, and; WHEREAS, in furtherance of the prudent management of the City’s treasury pools, the Investment Policy is in compliance with State law provisions establishing investment objectives and setting forth permissible investment of public funds not required for immediate expenditure, and;
WHEREAS, the Fortuna Municipal Code designates the City Finance Director as the City Treasurer, and;
WHEREAS, the delegation of investment authority and responsibility from the City Council to the City Treasurer will allow the City Treasurer and his staff to continue the prudent investment of the City’s pooled funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fortuna that the Council hereby
Section 1. Approves and adopts the Investment Policy submitted by the City Treasurer, attached hereto as Exhibit A.

Section 2. The City Council, pursuant to Government Code section 53607, delegates to the City Treasurer for a period of twelve (12) months the authority to invest the City’s pooled funds in accordance with the Investment Policy.

Section 3. Exhibit A is part of this resolution.

PASSED AND ADOPTED on this 21st day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:

Siana L. Emmons, City Clerk

City of Fortuna
Investment Policy
____________________________________________________________________________ NovemberAugust 721, 20223
Council Resolution 20223-32XX
A. Introduction
The purpose of this document is to identify various policies and procedures that enhance the opportunities for a prudent and systemic Investment Policy and to organize and formalize investment related activities. Related activities which comprise good cash management include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and a short-term borrowing program which coordinates working capital requirements and investment opportunity. In concert with these requirements are many facets of an appropriate and secure short-term investment program.

B. Scope
It is intended that this policy cover all funds and investment activities under the direct authority of the City.

C. Objectives
The primary objectives of the City’s investment activities shall be, in order of priority:

1. Safety. Safety of principal is the foremost objective of the investment program. The City’s investments shall be undertaken in a manner that seeks to ensure preservation of capital in the overall portfolio.

2. Liquidity. The City’s investment portfolio will remain sufficiently liquid to enable the City to meet its reasonably anticipated cash flow requirements. An adequate percentage of the portfolio should be maintained in liquid, short-term securities which can be converted to cash if necessary to meet disbursement requirements.

3. Yield. Yield should become a consideration only after the basic requirements of safety and liquidity have been met. The City seeks to attain a market-average rate of return on its investments throughout economic cycles, taking into account the City’s risk constraints, the cash flow characteristics of the portfolio, and State and Local laws, ordinances or resolutions that restrict investments.

D. Prudence
All participants in the investment process shall recognize that the investment program is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism worthy of the public trust.

All persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the prudent investor standard. The prudent investor standard states, in essence, that “a trustee shall act with care, skill, prudence, and diligence under circumstances then prevailing,

including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
E. Delegation of Authority
The City Council delegates its authority to invest funds of the City for a one-year period to the City Treasurer, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires. Subject to review, the City Council may renew the delegation of authority each year. The Treasurer shall make all investment decisions and transactions in strict accordance with state law and this Investment Policy. If authorized by the City Council, the Treasurer may delegate his/her investment decision-making and execution authority to an investment advisor. The advisor shall follow the investment policy, herein stated, and such other written instructions as are provided.

According to Municipal Code Section 2.10.010 the Finance Director shall additionally function as the ity Treasurer of the City and shall be responsible, under the City Manager’s direction, for keeping the record of all investments and submitting the reports as required by this policy and the California Government Code.

The Treasurer and the delegated investment officers, acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

F. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the Investment Program, or which could impair their ability to make impartial investment decisions.

G. Internal Controls
The Treasurer shall establish a system of written internal controls to regulate the City’s investment activities, including the activities of any subordinate officials acting on behalf of the City.

Controls deemed most important include: control of collusion, separation of duties, separating transaction authority from accounting and record keeping, custodial safekeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, minimizing the number of authorized investment officials, documentation of transactions and strategies, and code of ethics standards.

H. Authorized Financial Dealers and Institutions
A competitive process, when practical, will be used for all purchases and sales of investments. It shall be the City’s policy to purchase securities only from those authorized institutions and firms. No deposit of public funds shall be made except in a qualified public depository as established by state laws.

The Treasurer shall maintain a list of authorized broker/dealers and financial institutions that are approved for investment purposes. If an external investment advisor is authorized to conduct investment transactions on the City’s behalf, the investment advisor may use their own list of approved broker/dealers and financial institutions for investment purposes. This list should be provided to the City.

I. Safekeeping and Custody
All security transactions entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) LAIF, the county pool, and other local government investment pools; (ii) time certificates of deposit, and, (iii) money market mutual funds, since the purchased securities are not deliverable.

J. Authorized and Suitable Investments
The City’s investments are governed by Government Code, Sections 53600 et seq. Within the investments permitted by the Government Code, the City seeks to further restrict eligible investment to the investments listed below. In the event an apparent discrepancy is found between this policy and the Government Code, the more restrictive parameters will take precedence.

The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. Percentage holding limits listed in this section apply at the time the security is purchased. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this policy, the Treasurer should notify the City Council of the change. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rate drops, and the market price of the security.

1. United States Treasury Issues. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the portfolio that may be invested in this category.

2. Federal Agency Obligations. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States governmentsponsored enterprises. There is no limitation as to the percentage of the portfolio that may be invested in this category; however purchases of callable Federal Agency obligations are limited to a maximum of 20 percent of the portfolio. In addition, purchases of Federal Agency mortgage-backed securities issued by or fully guaranteed as to principal and interest by government agencies are limited to a maximum of 20 percent of the portfolio.

3. California Municipal Debt. Registered treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of this state.

Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Purchases are limited to securities rated at least in the “AA” category, or its equivalent, by a Nationally Recognized Statistical Rating Organization (“NRSRO”). A maximum of 15 percent of the portfolio may be invested in this category.

The amount invested with any one issuer shall not exceed 10 percent of the portfolio.

4. Medium-Term Notes. Medium-term notes are defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated at least in the “A” category, or its equivalent, by a NRSRO. A maximum of 30 percent of the portfolio may be invested in this category. The amount invested in corporate notes of any one issuer in combination with any other securities from that issuer shall not exceed 10 percent of the portfolio.

5. Negotiable Certificates of Deposit. Negotiable certificates of deposit (NCDs) issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by federal deposit insurance. Purchases are limited to institutions which have long-term debt rated at least in the “AA” category, or its equivalent, by a NRSRO; and/or have short-term debt rated at least “A-1, or its equivalent, by a NRSRO.

NCDs may not exceed 5 years in maturity. A maximum of 30 percent of the portfolio may be invested in this category. The amount invested in NCDs with any one financial institution in combination with any other securities from that financial institution shall not exceed 5 percent of the portfolio.

6. Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions: (i) Is organized and operating in the United States as a general corporation. (ii) Has total assets in excess of five hundred million dollars ($500,000,000). (iii) Has debt other than commercial paper, if any that is rated at least in the “AA” category, or its equivalent, by a NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 days or less and not represent more than 10 percent of the outstanding paper of an issuing corporation. A maximum of 25 percent of the portfolio may be invested in this category. The amount invested in commercial paper of any one issuer in combination with any other securities from that issuer shall not exceed 10 percent of the portfolio.

7. Bankers’ Acceptances. Bankers’ acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases are limited to bankers’ acceptances issued by domestic or foreign banks, which are eligible for purchase by the Federal Reserve System. Purchases of bankers’ acceptances may not exceed 180 days maturity. Eligible bankers’ acceptances are restricted to issuing financial institutions with short-term paper rated in the highest category by a NRSRO. Investments in bankers’ acceptances are further limited to 40 percent of the portfolio. The amount invested in

bankers’ acceptances of any one issuer in combination with any other securities from that issuer shall not exceed 10 percent of the portfolio.

8. Bank Deposits. FDIC insured or fully collateralized demand deposit accounts, savings accounts, market rate accounts and time certificates of deposits (“TCDs”) in financial institutions located in California. The amount on deposit in any financial institution shall not exceed the shareholder’s equity. To be eligible to receive City deposits, the financial institution must have received a minimum overall satisfactory rating, under the Community Redevelopment Act, for meeting the credit needs of California Communities in its most recent evaluation. Bank deposits are required to be collateralized as specified under Government Code Section 53630 et. seq. The Treasurer, at his/her discretion, may waive the collateralization requirements for any portion that is covered by federal deposit insurance.

The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. The maturity of TCDs may not exceed 1 year in maturity.

A maximum of 20 percent of the portfolio may be invested in TCDs.

9. Placement Service Time Certificates of Deposit. Certificates of deposit placed through a deposit placement service shall meet the requirements under Government Code Section 53601.8. The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by federal deposit insurance. The maximum term for time certificates of deposit shall be five years. The combined amount invested in time certificates of deposit and negotiable certificates of deposit shall not exceed 30 percent of the portfolio.

10. State of California Local Agency Investment Fund (LAIF). LAIF is a voluntary program offering local agencies the opportunity to participate in a multi-billion dollar portfolio. LAIF is part of the State of California’ Pooled Money Investment Account (PMIA). Oversight of the PMIA is provided by a board whose members include the State Treasurer, Director of Finance, and the State controller. All securities are purchased under the authority of the California Government Code. There is no limitation as to the percentage of the portfolio that may be invested in this category.

11. Humboldt County Investment Pool. The City may invest in the Humboldt County Investment Pool operated by the Humboldt County Treasurer. A maximum of 50 percent of the portfolio may be invested in this category.

Whenever the City has any funds invested in County pool, the Treasurer shall maintain on file a copy of the pool’s current investment policy and its requirements for participation, including limitations on deposits or withdrawals. In addition, the Treasurer should review the pool’s summary portfolio holdings on a quarterly basis.

12. Local Government Investment Pools. Shares of beneficial interest issued by a joint powers authority organized pursuant to Government Code Section 6509.7. To be eligible for purchase, the pool must meet the requirements of California Government Code Section 53601(p), the pool must seek to maintain a stable Net Asset Value (“NAV”), and the pool must rated at least AAAm, or its equivalent, by a NRSRO. A maximum of 50 percent of the portfolio may be invested in this category.

Whenever the City has any funds invested in a LGIP, the Treasurer shall maintain on file a copy of the pool’s current information statement. In addition, the Treasurer should review the pool’s summary portfolio holdings on a quarterly basis.

13. Money Market Funds. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission that invests solely in U.S. Treasuries and Federal Agency obligations and repurchase agreements relating to such obligations.

The company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20 percent of the portfolio may be invested in this category.

If the City has funds invested in a money market fund, a copy of the fund’s information statement shall be maintained on file. In addition, the Treasurer should review the fund’s summary holdings on a quarterly basis.

K. Authorized Investments for Bond Proceeds
Bond proceeds shall be invested in the securities permitted by the applicable bond documents. If the bond documents are silent as to the permitted investments, bond proceeds will be invested in the securities permitted by this policy. Notwithstanding the other provisions of this policy, the percentage or dollar portfolio limitations listed in elsewhere in this policy do not apply to bond proceeds. In addition to the securities listed in Section J above, bond proceeds may be invested in a structured investment product if approved by the Treasurer.

L. Prohibited Investment Practices and Instruments
Any investment in a security not specifically listed in Section J, but otherwise permitted by the Government Code, is prohibited without the prior approval of the City Council. In addition, Government Code Section 53601.6 specifically prohibits investments in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages.

M. Maximum Maturities
It is the objective of this policy to provide a system which will accurately monitor and forecast revenues and expenditures so that the City can invest funds to the fullest extent possible. Funds of the City will be invested in accordance with sound treasury management principles.

The maximum maturity of individual investments shall not exceed the limits set forth in Section J.

Where no maturity limit is stated, no investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. With respect to maximum maturities, this policy authorizes investing bond reserve funds beyond five years if prudent in the opinion of the Treasurer.

N. Reporting

The Finance Director shall submit a quarterly investment report to the City Council. This report will include the following elements:
• Type of investment
• Name of issuer
• Date of maturity
• Amount of deposit or cost of security
• Current market value of securities with maturity in excess of twelve months • Coupon rate, if applicable
• Yield to maturity at cost
• A list of monthly investment transactions
• A statement that the portfolio complies with the investment policy, or the manner in which the portfolio is not in compliance
• A statement denoting the ability of the City to meet its liquidity requirements for the next six months, or provide an explanation as to why sufficient money shall, or may not be, available
O. Policy Adoption
This policy can be revised whenever necessary and will be reviewed by the City Council annually at a public meeting. Any change in the policy shall be reviewed and approved by the City Council at a public meeting.

CITY OF FORTUNA
Treasurer's Report
As of June 30, 2023
% of Effective
INSTITUTION COST VALUE MARKET VALUE Total Yield
Local Agency Investment Fund (LAIF) $ 24,643,284 $ 24,269,408 62.89% 3.15% Treasury Obligation Sweep - US Bank 5,704,525 5,704,525 14.78% 4.71% Edward Jones - US Bank Trust 8,811,050 8,508,927 22.05% 3.19% Total Investments $ 39,158,859 $ 38,482,860
US Bank, General Checking $ (61,250) $ (61,250) -0.16%
US Bank, Payroll Checking 169,885 169,885 0.44%
Petty Cash/Cashier's Change 1,565 1,565 0.00%
Total Cash with Banks* $ 110,200 $ 110,200 0.29%
TOTAL INVESTMENT & CASH EQUIVALENTS $ 39,269,059 $ 38,593,060 100.00% Respectfully submitted,
Aaron Felmlee
Treasurer
City of Fortuna
The LAIF, Treasury Obligation Sweep/US Bank, and Edward Jones/US Bank investment statements detailing all investment transactions and balances are on file in the Finance Department and available upon request. *Cash with Bank is shown based upon reconciled book balance.

This report accurately reflects all cash and investments and is in conformity with California Government Code Section 53646 and City of Fortuna's investment policy. The investment program shown herein is sufficient to meet City of Fortuna's expenditure requirement over the next six months.

Business Item 5a

STAFF REPORT
City Council Business Item

DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Cameron Mull, Parks & Recreation Director
THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Second Reading and Adopting of Ordinance 2023-760 Adding Chapter 12.26 to Title 11 of the Fortuna Municipal Code to Provide Rules and Regulations for Bike and Skate Parks located at Newburg Park STAFF RECOMMENDATION:

Adopt the proposed addition to Title 11 of the Fortuna Municipal Code by adding Chapter 12.26, which adopts the Newburg Park Bike and Skate Park Rules & Regulations, by adopting Ordinance 2023-760.

DISCUSSION:

As recommended by the City’s insurance risk pool, California Intergovernmental Risk Authority (CIRA), and in an effort to protect the best interest and safety of the public while also protecting the City from liability caused by incidences that could occur at the Bike (and future) Skate parks located at Newburg Park, the City has been directed to include the addition and adoption of an ordinance for establishing rules, regulations, and policies for use of these facilities.

The existing (redeveloped) Bike Park currently has the rules of use posted on site, and with the addition of a future Skate Park (approved by City Council on 6/19/23), it has become imperative to provide safety guidelines and regulations for the use of these facilities to protect the public and the City. The attached ordinance was developed in conjunction with the Parks & Recreation Director, CIRA, and the City Attorney.

Adopting this ordinance outlines the expectations (as seen in “Attachment 1”) for public use of these facilities during hours of operation, including the rules (i.e. wearing the proper protective gear), regulations of use, and potential penalties & fines for not adhering to the rules. The City will ensure the proper permanent signage will be installed at the new Skate Park upon completion of the ramp (date TBD) for public viewing.

FISCAL IMPACT:

As a result of adopting this ordinance, there would be an expense for the purchase of a sign posting the rules at the future the Skate Park, estimated at $1,000.

Business Item 5a

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review questions with staff

2. Open public comment

3. Close public comment

4. Motion to hold the second reading and adopt Ordinance 2023-760, read by title only. Roll call vote.

ATTACHMENTS:
 Ordinance 2023-760. An Ordinance of the City Council of the City of Fortuna adding chapter

12.26 to Title 11 of the Fortuna Municipal Code to provide rules and regulations pertaining to the Bike and Skate parks located at Newburg Park.

ORDINANCE NO. 2023-760

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 12.26 TO TITLE 11 OF THE FORTUNA MUNICIPAL CODE TO PROVIDE

RULES AND REGULATIONS PERTAINING TO THE BIKE AND SKATE PARKS

LOCATED AT NEWBURG PARK
WHEREAS, the City Council of the City of Fortuna desires to make available safe and affordable recreational opportunities for youth within the City, including skating and/or bicycle parks; WHEREAS, the City currently operates a bicycle park at Newburg Park and intends to create additional facilities;
WHEREAS, pursuant to Section 115800 of the California Health and Safety Code, the City Council adopts this ordinance to require that any person using such facilities wear a properly fitted and fastened helmet, kneepads, and elbow pads for their protection.

NOW, THEREFORE, the City Council of the City of Fortuna, State of California, does ordain as follows:

SECTION 1. Code Amendment. Chapter 12.26 is hereby added to Title 11 (Streets, Sidewalks, and Public Places) of the Fortuna Municipal Code as set forth in Attachment “1” hereto and incorporated herein by this reference as if set out in full.

SECTION 2. The City Council finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3, CCR, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment.

SECTION 3. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Conflicts. All ordinances and parts of ordinances or resolutions, in conflict herewith, are hereby repealed to the extent of such conflicts and no further.

SECTION 5. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

INTRODUCED AND FIRST READING PERFORMED on the 7th day of August 2023 by the following vote:

AYES: Council Member Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: Council Member Mobley
ABSTAIN: None
ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 21st day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
Attachment “1”
Sections:

12.26.010 Purpose and Findings

12.26.020 Definitions

12.26.030 Helmet, Elbow Pads and Knee Pads Required

12.26.040 Posting of Signs at Skate Park

12.26.050 Regulations of Use and Rules of Conduct

12.26.060 Penalty

12.26.010 Purpose and Findings.

A. The purpose of this chapter is: (1) to promote the public peace, health, safety, and welfare by establishing rules and regulations for the use and enjoyment of the City operated skateboard parks, which are designed and maintained for the purpose of recreational skateboard and other wheeled recreational device use only; and (2) to comply with California Health and Safety Code Section 115800 by requiring the posting of signs at the skateboard parks affording reasonable notice that any person riding a skateboard or other wheeled recreational device at the skateboard park must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation.

B. The City skateboard parks are unsupervised facilities. Because of the particular design features of the skateboard parks, skateboarding and the use of other wheeled recreational devices at the skateboard parks are considered stunt, trick, or luge skating, and constitute hazardous recreational activities. All persons who use the skateboard parks do so at their own risk.

12.26.020 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Other Wheeled Recreational Device” means non-motorized bicycles, scooters, roller skates, or wheelchairs being used for recreational purposes.
“Roller skates” means any footwear, or device which may be attached to the foot or footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion, including but not limited to in-line skates commonly known as rollerblades. “Skate” or “skating” means to ride, operate, or use a skateboard or other wheeled recreational device. “Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational power, or mechanical energy and to which there is not fixed any device or mechanism to turn or control the wheels.
“Skateboard park” means the City of Fortuna bike park located within Newburg Park at 2700 Newburg Road, Fortuna or any other skate area operated by the City of Fortuna on public property that is specifically designed for skating, whether in existence as of the effective date of this chapter or later constructed. “Skate area” means the surfaces, obstacles, and features of the skateboard park specifically designed for skating, including, but not limited to, platforms, transitions, banks, bowls, hips, half-pipes, ledges, coping, decking, rails, flat bars, stairs, and adjacent concrete surfaces.

12.26.030 Helmet, Elbow Pads and Knee Pads Required.

It is prohibited for any person to skate in a skateboard park unless that person is wearing a properly fitted and fastened helmet, elbow pads and knee pads.

12.26.040 Posting of Signs at Skate Park.

Signs shall be posted in one or more conspicuous and visible area(s) at the skateboard park to afford reasonable notice of the provisions of this chapter, and that pursuant to California Health and Safety Code Section 115800, any person riding a skateboard or other wheeled recreational device at the skateboard park must wear a helmet, elbow pads, and knee pads, and that any person failing to do so shall be subject to citation.

12.26.050 Regulations of Use and Rules of Conduct.

Any person using the skateboard parks shall comply with the following rules and regulations:
(A) The hours of use of the skateboard parks are from dawn to dusk and shall be posted at the skateboard parks. Use of the skateboard parks at any time outside the hours posted is prohibited. (B) While using the skateboard parks, the participant may only use those areas designated for skating or related skating activities.
(C) While using the skateboard parks, the participant must use properly fitted and fastened personal safety equipment comprised of at least head, knee and elbow protection. (D) No food or drink is allowed in the designated skate area. (E) No moveable obstacles or materials (i.e., ramps/jumps) are allowed in the skateboard parks. (F) Placing of graffiti anywhere in or on the park is prohibited and the park will be closed until the graffiti is removed and/or repaired. In addition to other penalties provided herein, any person putting graffiti on any part of the skate or bike park shall pay for the cost of removal and damages thereof. Parents or guardians are also liable for such costs. (Cal. Health & Safety Code. § 1714(b)) (G) Personal Conduct and Behavior. The following are prohibited in the skateboard park area at all times:

1. Possession or use of drugs or alcohol or being under the influence;

2. Fighting or other violence;

3. Possession or use of firearms, knives, or other weapons of any kind;

4. Smoking or use of tobacco products;

5. No amplified music or other excessive noise; or

6. No excessive profanity.
(H) Everyone shall treat others with respect and courtesy. (I) The Parks & Recreation Director is authorized to determine whether certain wheeled recreational devices are unsafe or unfit for the skateboard park. A wheeled recreational device shall be “unsafe or unfit for the skateboard park” if it is likely to either (1) cause damage to the skateboard park, including to any surface therein, or (2) cause harm to one or more patrons of the skateboard park. The Director’s determination as to whether a wheeled recreational device is unsafe or unfit for use in the skateboard park shall be final.

12.26.060 Penalty.
(A) A violation of this chapter deemed an infraction for a first offense and punishable by a fine not exceeding $50 for a first violation. Second and subsequent offenses within one year may be prosecuted as an infraction or misdemeanor. A second infraction within a year may be punishable by a fine not exceeding $100, and a third or further infraction within a year maybe punishable by a fine not exceeding $250. Additionally, any person found by a preponderance of the evidence to have violated any provision of this chapter may lose his or her privilege to use the skateboard park for up to one (1) year. (B) Fines shall be administered pursuant to the administrative citation process set forth in Chapter 1.09 of this Code.

Business Item 5b

STAFF REPORT
City Council Business Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Public Works Project Manager
THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Second Reading and Adoption of Ordinance 2023-762 Amending Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter 15.48—Construction and Demolition Debris Diversion (CD3)
STAFF RECOMMENDATION:

Adopt the proposed amendments of Title 15—Buildings and Construction of the Fortuna Municipal Code by Adding Chapter 15.48, which incorporates the Construction and Demolition Debris Diversion Ordinance by adopting Ordinance 2023-762.

DISCUSSION:

The Construction and Demolition Debris Diversion Ordinance (CD3) is a California state regulation, which has become part of the Building Code, and is designed to divert nonhazardous recyclable and/or salvageable construction waste material. Construction and demolition waste can have a significant impact on a jurisdiction’s waste stream, and diverting it from landfills can help achieve and maintain diversion goals established by AB 939, California’s Integrated Waste Management Act (1989) where jurisdictions throughout the state were mandated to realize a 50% reduction in their solid waste flow by 2000. Subsequently in 2011, the California Green Building Standards Code (CALGreen) was enacted with the goal of ensuring that new construction projects would be built in compliance with sustainable construction practices. CALGreen mandates locally permitted new residential and non-residential building construction, grading, demolition and certain addition and alteration projects to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition debris generated during the project (CALGreen sections 4.408, 5.408, 301.1.1 and 301.3). Jurisdictions have the latitude to adopt their own ordinances that meet or exceed the requirements of CALGreen standards.

Proposed Ordinance:

The attached ordinance amends section 15.48, Buildings and Construction, of the Fortuna Municipal Code by adopting standards that meet CALGreen sections 4.408, 5.408, 301.1.1 and 301.3. The implementation of the CD3 Ordinance will facilitate the city’s compliance with state mandates to track, divert and report construction waste that can be recycled or salvaged. The Ordinance ensures ongoing compliance with State standards and will automatically incorporate Business Item 5b

any future changes to applicable sections of the CALGreen code. The Ordinance also complies with California’s Short-Lived Climate Pollutant Reduction Strategy (SB 1383) regulations that require jurisdictions to adopt a construction and demolition diversion ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.

Ordinance Implementation:

The following provides further information on how projects will comply with CD3 requirements and required documentation to be provided during the building permit process. All construction and demolition projects that require a permit shall submit a Waste Management Plan (WMP), and a Final Report. Staff will provide these forms and informational material on the City website and at City Hall to assist residents, property owners and developers with complying with these regulations. The forms and informational items have been included in Attachments 2-5. Qualifying projects will require a security deposit based on size, and an administrative fee to cover the added staff time to process and review the paperwork required on a larger project. Qualifying projects are those over 1,000 square feet or with an implementation cost of $200,000 or more. The deposit for these projects is 1% of the cost or $500, whichever is greater as written in the ordinance, which is modeled after other agencies currently implementing these measures. Staff have concerns that 1% may be too large and are seeking Council input on reducing that value to 0.5% or perhaps even

0.25%.

In order to successfully navigate the permitting process, applicants will be required to complete CD3 documentation. In addition to existing permit application submittals, applicants will need to complete the City’s WMP form with estimates of quantities of debris types and destination identification. Qualifying project applicants will also need to pay a deposit as noted above. When the project is complete, a Final Report Form with actual quantities and documentation from receiving facilities will be required to get a final inspection and recuperate deposits as applicable.

There are some exemptions. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer shall be considered a non-covered/exempt project. Further, if an applicant for a covered project believes that circumstances exist which make it infeasible to comply with the diversion requirement; the applicant may apply for an exemption at the time of the WMP submittal. The City’s Compliance Official shall review the information supplied by the applicant and may grant an exemption or potentially a reduction diversion percentage for the project. Denials will be eligible for an appeal process. The first step in an appeal would be at the staff level (appeal to the City Manager), and the second step would be to the Council. The proposed appeal fees are consistent with others in the budget, and are presented in the fiscal impact section below.

FISCAL IMPACT:

There is no immediate fiscal impact to the City budget as a result of adopting the CD3 ordinance.

As noted above, three additional fees would be added to the fee schedule as a result of this ordinance. The first is an Administrative Fee that is meant to capture the staff time required to process the paperwork and enforce the ordinance for covered projects large enough to also require a deposit. As stated in the ordinance, the proposed fee for a covered project would be equal to three fully-burdened staff time hours of the ‘compliance official’, who in the City’s case would be the building official.

Business Item 5b

The next two fees are the appeal fees, which as noted above are generally consistent with appeal fees the City has for other processes throughout the budget. All proposed fees are shown in the table below.

CONSTRUCTION & DEMOLITION DEBRIS DIVERSION FEES
Administrative $ 175.00
Appeals-Staff Level $ 250.00
Appeals-City Council Level $ 500.00
Staff are seeking Council input on the proposed fees as outlined in the table above and as required in the ordinance. At the second reading, staff intend to bring forth the final recommendation for fees and an amendment to the adopted Fiscal Year 2023-24 fee schedule to bring them into the budget.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review questions with staff

2. Open public comment

3. Close public comment

4. Motion to hold the second reading and adopt Ordinance 2023-762, read by title only. Roll Call vote.

ATTACHMENTS:

1. Ordinance 2023-762, An Ordinance of the City Council of the City of Fortuna Adding Chapter 15.48 to Title 15 of the Fortuna Municipal Code—Construction and Demolition Debris Diversion Ordinance (CD3)
a. Exhibit 1 to Ordinance

2. Construction & Demolition Waste Management Plan

3. Construction & Demolition Waste Final Report

4. Construction & Demolition Recycling Guide

5. Volume to Weight Conversion Table
ORDINANCE NO. 2023-762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 15.48, TO TITLE 15 OF THE FORTUNA MUNICIPAL CODE - CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION (CD3)
WHEREAS, the State of California, through its California Waste Management Act of 1989 (Assembly Bill 939), requires that each local jurisdiction in the state divert 50 percent of discarded materials from landfills; and
WHEREAS, the California Green Building Standards Code (“CalGreen”) requires jurisdictions to divert at least 65% of all construction and demolition debris from construction, demolition, and renovation projects; and
WHEREAS, the City desires to ensure to reduce the amount of debris entering landfills to the greatest extent feasible;
NOW, THEREFORE, the City Council of the City of Fortuna, State of California, does ordain as follows:

SECTION 1. Code Amendment. Chapter 15.48 of the Fortuna Municipal Code is hereby added in its entirety as set forth in Exhibit “1” hereto and incorporated herein.

SECTION 2. The City Council finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3, CCR, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance adopts standard codes in effect pursuant to state law and sets requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment.

SECTION 3. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Conflicts. All ordinances and parts of ordinances or resolutions, in conflict herewith, are hereby repealed to the extent of such conflicts and no further.

SECTION 5. Effective Date. The effective date of this ordinance is thirty (30) days after its adoption by the City Council.

INTRODUCED AND FIRST READING PERFORMED on the 7th day of August 2023 by the following vote:

AYES: Council Member Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: Council Member Mobley
ABSTAIN: None
ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 21st day of August 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
Exhibit “1”
Chapter 15.48

CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
CD3

15.48.005 Definitions
For the purposes of this chapter, the following definitions shall apply:

A. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits or approvals to undertake construction, demolition or renovation projects within the city.

B. “AB 939” shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

C. “CalGreen” means the California Green Building Standards Code, which is codified as Part 11 of Title 24 of the California Code of Regulations.

D. “Construction” means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

E. “Construction and Demolition Debris” (“C&D debris”) means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure.

F. “Conversion factor” means the value set forth in the standardized volume-to-weight conversion table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan (WMP).

G. “Covered project” means projects that shall be subject to the requirements of this Ordinance.

H. “Deconstruction” means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

I. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

J. “Divert” means activities that reduce or eliminate discarded materials from disposal in a landfill, including, reuse, salvage, recycling, and composting.

K. “Diversion Requirement” means diversion from the waste stream of at least 65% (or other percentage as stipulated by CalGreen) of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 15.48.030, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.

L. “Non-covered project” shall have the meaning set forth in Section 15.48.015(B) of this chapter.

M. “Project” means any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the city.

N. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include gasification, pyrolysis, transformation as defined by State Public Resources Code Section 40201, or other processes that use solid waste for conversion to energy.

O. “Renovation” means any change, addition, or modification in an existing structure for which a permit is required.

P. “Reuse” means further or repeated use of construction or demolition debris.

Q. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

R. “Solid Waste” shall have the same meaning as provided in subdivision “III” of Section

8.14.010 of Chapter 8.14 this Code, and shall exclude recyclables placed in an approved recycling container.

S. “Total costs” means the total construction value of the project using standard commercial and residential valuation formulas.

T. “Waste Management Plan” (“WMP”) means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

The WMP shall identify anticipated C&D debris materials that will be generated for disposal and recycling. The WMP will record actual material weight or volume and disposal and recycling receipts.

U. “WMP compliance official” (“official”) means the city employee(s) designated by the City Manager authorized and responsible for implementing this chapter.

15.48.010 Diversion Requirement
The applicant for a covered project, as defined below, shall divert at least 65% (or such other percentage as stipulated by CalGreen) of construction and demolition debris unless the applicant is granted an infeasibility exemption.

15.48.015 Threshold for Covered Projects.

A. Covered Projects. Each of the following types of projects shall be considered a covered project and shall comply with the requirements of this Chapter:

1. All new construction projects;

2. Non-residential building additions and building alteration projects;

3. Residential additions and alterations that increase a building's footprint, volume, or size;

4. Demolition projects associated with new construction, additions, and alterations covered by subsections (A)(1), (A)(2), and (A)(3) above;

5. Non-residential excavation and grading projects associated with new construction, additions, and alterations projects covered by subsections (A)(1) and (A)(2) above; and,

6. Residential excavation and grading projects associated with new construction, additions, and alterations projects covered subsections (A)(1) and (A)(3) above that require grading permits pursuant to the requirements of this Code
For the purposes of determining whether a project meets the foregoing thresholds for a covered project, all phases of the project and all related projects taking place on a single or adjoining parcel shall be deemed a single project.

B. Non-covered Projects. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer shall be considered a non-covered project. Projects eligible for an exemption as described in the (CalGreen) Mandatory Residential and NonResidential Measures shall be considered “non -covered.” C. Building and Demolition Permits: Compliance with the provisions of this chapter shall be identified as a condition of approval on any building or demolition permit issued for a covered project.

15.48.020 Submission of the Waste Management Plan (WMP).

A. WMP Form. All applicants for covered projects shall complete and submit a WMP in accordance with a City-approved format (paper form or online system) as part of the application requirements for a building, grading or demolition permit. The completed WMP shall include all of the following:

1. Identification of C&D debris material to be generated by the project and be diverted from disposal by recycling, reuse, or salvage;

2. For each type of C&D debris material, declare whether the disposal method will be “Recycle”, “Salvage” or “Landfill”;

3. For each type of C&D debris material which will be diverted, identification of the vendor or facility that will collect or receive the material and identify the approved or certified diversion rate achieved by that vendor or facility.

4. Specify that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.

B. Deconstruction and Material Salvage. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

15.48.025 Diversion Security Deposit Required
Each applicant of a covered project involving structures of at least 1,000 square feet or estimated construction costs of at least $200,000 shall submit as part of the WMP a diversion security deposit, in cash or by irrevocable letter of credit, in the amount of one quarter percent (1/4 %) of the total costs for the project or $500, whichever is greater. The deposit shall be returned, without interest, in total or in proportion, upon the WMP compliance official’s determination, in accordance with Section 15.48.040 that the applicant has satisfied, or failed to satisfy, the diversion requirement approved as part of the WMP.

For the purposes of this Section, the value of the Project shall be as determined by the City’s Building Official or designee in connection with permit issuance. The square footage and valuation thresholds established by this Section may be adjusted every five (5) years by the City Manager or his/her designee to reflect an increase or decrease in the cost of construction due to inflation or deflation, or other changes in the local construction marketplace.

15.48.030 Diversion Exemption.

A. Application. If an applicant for a covered project believes that circumstances exist which make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP as required by section 15.48.020 of this chapter. The applicant shall state on the WMP form the maximum rate of diversion the applicant believes is feasible for each type of C&D debris material and the specific circumstances why the applicant believes it is infeasible to comply with the diversion requirement.

B. WMP Compliance Official Review. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting the Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirement, the official shall put the reasons for this determination in writing based on the criteria contained in subsection “E” below. The WMP compliance official shall determine the maximum feasible diversion rate for each C&D debris material and shall indicate this rate on the WMP application submitted by the applicant. The official shall then determine the diversion rate which will be applicable for the project. The official shall return a copy of the WMP application to the applicant marked “Approved for Infeasibility Exemption” and shall notify the building department that the WMP has been approved provided that the applicant has posted the required diversion security deposit.

D. Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the 65 percent (or other percentage as stipulated by CalGreen) diversion requirement specified in Section 15.48.010, the official shall state the reasons therefore in writing based on the criteria contained in subsection “E” below. The applicant shall have 30 days to resubmit a WMP application that complies with Section 15.48.010. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not satisfy the requirements of Section 15.48.020(B), the official shall deny the WMP in accordance with Section 15.48.030(D). An extension may be requested for a fixed period of time.

E. Criteria. In determining whether to approve or deny an application for an exemption from the diversion requirement, the WMP compliance official shall base his or her written determination on the following criteria.

1. The presence or absence of exceptional or extraordinary circumstances or conditions applicable to the project that do not apply to similar projects.

2. A determination of whether the granting the exemption constitutes a grant of special privilege inconsistent with the limitations imposed on like projects.

3. In determining whether to approve or deny an application for an exemption, the cost to the applicant of satisfying the diversion requirement shall not be the primary reason for granting an exemption although cost may be a factor in the official’s determination of whether there are exceptional or extraordinary circumstances or conditions applicable to the project.

15.48.035 Review of the Waste Management Plan (WMP).

A. WMP Approval Required For Issuance of Construction Permits. No building or demolition permit shall be issued or approved for any covered project unless and until the WMP has been approved.

B. WMP Approval. A WMP shall be approved only if the official determines that the following conditions have been satisfied:

1. The WMP form submitted by the applicant satisfies all of the requirements specified in Section 15.48.020 and the official has determined that the form is complete.

2. The applicant demonstrates to the WMP Compliance Official’s satisfaction, that at least 65% (or other percentage as stipulated by CalGreen) of the C&D debris for the covered project, or an alternative percentage approved by the official as part of the infeasibility exemption, will be diverted. WMP Compliance Official may request additional documentation of diversion or reuse as applicable as a part of this review.

3. The applicant has posted the required diversion security deposit (if applicable).

15.48.040 Determination of Compliance and Release of Diversion Security Deposit A. WMP Final Submission. Within 30 days after the completion of construction for any covered project, the applicant shall submit to the WMP Compliance Official documentation that the applicant has met the diversion requirement for the project.

This documentation shall include the following:

1. A copy of the previously approved WMP for the project with actual material volume or weight generated by the project; and

2. Receipts and/or disposal weight records from both disposal and recycling facilities and/or vendors that received each material showing whether the material was landfilled or recycled; and

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

4. Any additional information requested by the WMP Compliance Official that is relevant to determining efforts to comply in good faith with this chapter.

B. Weighing of C&D Debris Materials. Applicants shall make reasonable efforts to ensure that all C&D waste diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates provided by the City for this purpose.

C. Determination of Compliance. The WMP Compliance Official shall review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement.

D. Full Compliance. If the official determines that the applicant has fully complied with the diversion requirement applicable to the project as contained in the approved WMP, the official shall release the full diversion security deposit to the applicant.

E. Less Than Full Compliance: If the WMP compliance official finds that the applicant has not satisfied the diversion requirement for the project, the official shall calculate the applicant’s percentage rate of compliance. The official shall then determine whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the official shall consider the availability of markets for the C&D debris, the size of the project, and the documented efforts of the applicant to divert the C&D debris. The official shall then authorize the release of some or all of the deposit to the applicant. At a minimum, the applicant shall be entitled to a release of that portion of the diversion security deposit which equals the applicant’s percentage rate of compliance.

Therefore, if the applicant has achieved sixty percent (60%) of the diversion requirement for the project, the official shall release at least 60 percent (60%) of the diversion security deposit. The official shall furnish the applicant in writing with the method by which the official calculated the applicant’s percentage of compliance and the reasons for the official’s determination of the amount of the deposit to be released to the applicant.

F. Failure to Submit Documentation. If the applicant fails to submit the documentation required by Section 15.48.040(A) within the required time period of 30 days after the completion of a covered project, the entire diversion security deposit shall be deemed forfeited. The official shall inform the applicant in writing of the forfeiture of the deposit for failure to timely submit the required documentation.

If the documentation is submitted after the required time period, but before the City has informed the applicant in writing, the official shall evaluate whether the applicant has complied with the diversion requirement for the project. However, ten percent (10%) of the deposit shall be deemed forfeited to the City because of the applicant’s failure to submit the required documentation within the required time period.

G. Withdrawal of Building or Demolition Permit Application. The WMP compliance official shall authorize the refund of the entire diversion security deposit if the building or demolition permit is withdrawn or cancelled before any work begins.

H. Use of Retained Diversion Security Deposits. All diversion security deposit monies retained by the City shall be used only for the purpose of administering the program established through this chapter or for the purpose of promoting recycling within the City.

15.48.045 Appeals
A. Appeal to the City Manager or the City Manager’s Designee. An applicant shall have the right to appeal any decision or determination of the WMP compliance official to the City Manager or the City Manager’s designee. The applicant must file a notice of appeal within 10 calendar days from the date of the official’s decision or determination. The notice of appeal shall state the reasons for the appeal as well as all of the evidence and legal arguments upon which the applicant bases the appeal. The appeal must also be accompanied by the appeal fee established by resolution of the City Council. The City Manager or the City Manager’s designee shall schedule the appeal for a hearing and provide the applicant at least five (5) days written notice of the time and place of the hearing. Within thirty (30) days of the conclusion of the hearing, the City Manager or the City Manager’s designee shall inform the applicant in writing whether the decision or determination of the WMP Compliance Official shall be affirmed, denied or modified. The written determination by the City Manager or the City Manager’s designee shall include the reasons for the determination.

B. Appeal to the City Council. The applicant may appeal the determination of the City Manager or the City Manager’s designee to the City Council by filing a written notice of appeal with the City Clerk within 10 days from the date of the City Manager’s or the City Manager’s designee’s written determination. The notice of appeal shall be accompanied by the appeal fee established by City Council resolution. The notice of appeal shall also include all evidence and legal arguments which the applicant wishes the City Council and any reviewing court to consider. The City Clerk shall cause the appeal to be set for hearing before the City Council. The City Clerk shall provide the applicant with no less than 10 days written notice of the time and place of the hearing. The written determination of the City Council at the conclusion of the hearing shall be final.

15.48.050 Administrative Fee.

As a condition precedent to the issuance of any building or demolition permit for a covered project requiring a deposit, the applicant shall pay the City a fee, established by resolution of the City Council and equivalent to three compliance officer staff hours per the city’s staff cost rate table, to compensate the City for staffing expenses incurred in administering this Chapter.

15.48.055 Enforcement
A. Public Nuisance. Violation of any provision of this chapter shall constitute a public nuisance and be subject to abatement as provided by law.

B. Civil Action. Violation of any provision of this chapter may also be enforced by any means available to the City, including, but not limited to, an action for injunctive relief.

In any civil action, administrative or judicial, the City shall be entitled to recover its attorney fees and costs from the defendant if it is determined that defendant violated this chapter.

C. Administrative Citations. Violations of any provision of this chapter may also be enforced pursuant to Chapter 1.09 of this Code.

D. Cumulative Remedies. The remedies under this chapter are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

Business Item 5c

STAFF REPORT
City Council Business Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police; and Ryan Plotz, City Attorney THROUGH: Merritt Perry, City Manager
SUBJECT: Public Hearing: Second Reading and Adoption of Ordinance No. 2023-763 Amending Title Eight (8), Chapter 8.26 – Abandoned Shopping Carts and Determining the Ordinance to be Exempt from CEQA
STAFF RECOMMENDATION:

Receive staff report, receive public comment, and discuss and consider conducting a second reading and adoption of Ordinance No. 2023-763 by title only.

EXECUTIVE SUMMARY:

This ordinance adds Chapter 8.26 – (Abandoned Shopping) Carts to Title 8 – (Health and Safety) of the Fortuna Municipal Code. Chapter 8.26 is set forth in Exhibit “A,” attached hereto and incorporated herein by reference.

The addition of Chapter 8.26 identifies the fact that the presence of abandoned or unattended shopping carts, or parts thereof, on private or public property creates a condition that reduces the value of private property. Abandoned or unattended carts or parts thereof also create blight and deterioration, interfere with pedestrian and vehicular traffic, are injurious to health, safety, and general welfare, and contributes to landfill waste.

The presence of abandoned or unattended carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance, which may be abated as such in accordance with the provision of the Fortuna Municipal Code.

This ordinance establishes the following prohibitions and requirements, and makes the following additions to the Fortuna Municipal Code.
 It prohibits the unauthorized removal of shopping carts from a business premises without the written consent of the owner.
 It requires any shopping cart taken off premises to be returned to the owner’s premises within seventy-two (72) hours.
 It requires mandatory secure containment of shopping carts on the business premises after hours.

Business Item 5c

 It requires on premises collection schedules for businesses open 24 hours.  It requires a mandatory retrieval of shopping carts by businesses within 24 hours of notification by the City.
 It requires businesses to submit an abandoned shopping cart prevention and retrieval plan within sixty (60) days after the ordinance that implements this chapter becomes effective or within thirty (30) days of opening any new business utilizing shopping carts.

This ordinance also establishes the following nuisance remedies and makes the following additions to the Fortuna Municipal Code.
 Impoundment with Notice - After 72 hours, any shopping cart located outside the business premises shall be impounded by the City if the cart is not retrieved by the business after proper notice.
 Impoundment without 72 hour Notice – Failure of business to collect the shopping cart, free of charge, after 72 hours upon receiving a 24 hour notice following impound.  Immediate Retrieval and Impoundment by City for Impeding Emergency Services.

This ordinance also establishes the following punitive fines for recovery and non-compliance and makes the following additions to the Fortuna Municipal Code.  $100 fine per each calendar month an Abandoned Shopping Cart Prevention and Retrieval Plan is delinquent.
 $50 fine per cart, per three-day period in which a business fails to retrieve a shopping cart from impound.

This ordinance also establishes the following authorities and makes the following additions to the Fortuna Municipal Code.
 City may sell or otherwise dispose of any shopping cart not reclaimed within thirty (30) days of notice, or if the owner cannot be determined, or if the cart is rendered unusable.

DISCUSSION:

Over the past few months, the Chief of Police has facilitated in-person meetings with the majority of Fortuna retailers utilizing shopping carts. The purpose of these meetings were to involve Fortuna businesses in a collaborative process and to encourage input from store managers. The majority of retailers attended these meetings and a few declined based on corporate policy. Overall there was a mutual understanding that this ordinance will enhance the quality of life in Fortuna, reduce costs associated with property loss, protect the environment and improve store operations.

The addition of Ordinance No. 2023-763, will mutually benefit both the community and businesses by promoting an orderly City, enhancing pedestrian safety, preserving business integrity, encouraging responsible consumer behavior, reducing costs for businesses and taxpayers, strengthening the cooperation between businesses and local government, by minimizing environmental impacts, and by enhancing the community image.

Business Item 5c

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comment

3. Close Public Comment

4. Motion to hold the second reading and adopt Ordinance No. 2023-763, read by title.

Roll call vote.

ATTACHMENTS:
 Ordinance No. 2023-763, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health And Safety Of The Fortuna Municipal Code By Chapter 8.26 – Abandoned Shopping Carts And Determining The Ordinance To Be Exempt From CEQA
ORDINANCE NO. 2023-763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA, CALIFORNIA AMENDING TITLE 8 – HEALTH AND SAFETY OF THE FORTUNA MUNICIPAL CODE BY CHAPTER 8.26 – ABANDONED SHOPPING CARTS AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Fortuna, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has a substantial interest in promoting the public health, safety, and welfare of its residents, visitors, and businesses, and the aesthetic qualities of the City; and WHEREAS, abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights-of-way; can constitute a hazard to streams, riparian areas, and other natural areas; can contribute substantially to litter, clutter, and visual blight; and can reduce property values; and WHEREAS, pursuant to its broad police powers, the City Council desires to adopt regulations to ensure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner's premises, to make removal of the cart a violation of the Fortuna Municipal Code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law; 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; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Findings.

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The presence of abandoned or unattended carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to create blight and deterioration, interfere with pedestrian and vehicular traffic, to be injurious to health, safety, and general welfare, and contributes to landfill waste. The presence of abandoned or unattended carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance, which may be abated as such in accordance with the provision of the Fortuna Municipal Code.

3. Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Fortuna Municipal Code Amendment regarding the security of shopping carts will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)) and the proposed ordinance would be exempt per CEQA Section 15301 Existing Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by Regulatory Agencies for the Protection of the Environment, as the proposed ordinance is intended to assure the maintenance and protection of the environment; and 15311 Accessory Structures, regarding potential placement onpremise signage needed for public notification associated with the proposed ordinance.

SECTION 2. Fortuna Municipal Code Amendment. Chapter 8.26 – Abandoned Shopping Carts is hereby added to Title 8 – Health and Safety of the Fortuna Municipal Code as set forth in Exhibit “A,” attached hereto and incorporated herein by reference. Without modifying the substance, following approval of this Ordinance, the City Clerk shall, if necessary, cause the Municipal Code amendment adopted by this Ordinance to be consistent in form and style with Title 8 of the Fortuna Municipal Code.

SECTION 3. Effective Date. This Ordinance shall become effective on the 31st day 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.

SECTION 4. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Fortuna, California, on this 7th day of August 2023 by the following vote:

AYES: Council Member Conley, Losey, Mayor Pro Tem Johnson, Mayor Trent NAYS: None
ABSENT: Council Member Mobley
ABSTAIN: None
Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this ____ day of ____________, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Tami Trent, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Exhibit “A”
Title 8

HEALTH AND SAFETY
Chapter 8.26

ABANDONED SHOPPING CARTS

8.26.010 Short Title.

This Ordinance shall be known as the “Abandoned Shopping Cart Ordinance.”

8.26.020 Authority and Purpose.

This chapter is adopted pursuant to Business and Professions Code Sections 22435 through 22435.8 and the City's general police powers for the purpose of regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the shopping cart's owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments.

8.26.030 Applicability.

This chapter applies to all businesses located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of businesses within the City.

8.26.040 Administration.

The Director is authorized to administer this chapter, which includes, without limitation, the ability to promulgate administrative policies and procedures to interpret, implement and enforce this chapter.

8.26.050 Definitions.
"Abandoned or unattended shopping cart" means any shopping cart, which is left unattended, discarded or abandoned upon any public property other than the premises from which the shopping cart was removed, without the authorization or consent of the cart's owner. "Abandoned shopping cart prevention and retrieval plan," shall mean a document required to be submitted by the responsible business owner, pursuant to this chapter. "Agent" means the person or persons designated by the owner of a shopping cart authorized to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or a private cart retrieval company.
"Director" shall mean the City Manager or the Director of Community Development for the City of Fortuna, or such other employee, as designated by the City Manager, to administer the appropriate sections of this chapter.
"Occurrence" means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one-day period.
"Owner" means a person who owns or provides shopping carts for use by customers in connection with the operation of a business.
"Person" includes, without limitation, individuals, corporations, partnerships, and all other legal entities, and officers, employees, and authorized agents of an owner. "Premises" means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by an owner, or shared with other retail establishments, for use by customers for parking automobiles or other vehicles.
"Public property" means the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property.
"Retail establishment," with regard to shopping carts, means any business located in the City of Fortuna which offers or provides shopping carts for the use by customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
"Shopping cart" means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment.

8.26.060 Required Signs and Identification.

A. Cart identification and removal warning signs required.

Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign permanently affixed to the shopping cart that includes the following information:

1. The owner's name, business address and phone number.

2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises.

3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this chapter.

8.26.070. Prohibitions.

A. Unauthorized removal unlawful.

It shall be unlawful for any person, either temporarily or permanently, to remove a shopping cart from a business premises or be in possession of a shopping cart with a permanently affixed sign as provided in Section 8.26.060 that has been removed from a premises without written consent of the owner authorized by this chapter. This section shall not apply to shopping carts removed by the owner for the purposes of maintenance, repair or disposal.

An owner may permit customer off-premises use of a shopping cart for transportation of purchased items. The authorization must be in writing with date(s) and time(s) of authorized use. Any shopping cart taken off premises must be returned to the owner's premises within seventy-two (72) hours.

B. Abandonment prohibited.

It shall be unlawful and a public nuisance for any person to cause or permit any shopping cart to be abandoned or remain unattended on or upon any sidewalk, street, alley or other public area, other than the premises of the owner of such shopping cart.

8.26.080 Cart Container and Retrieval by Owners.

A. Mandatory Secure Containment of Shopping Carts After Hours.

Every shopping cart owner must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day.

All shopping carts located on the premises of any retail establishment open for business twentyfour hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is open for business.

This section does not apply to:

1. Shopping carts located within an enclosed building.

2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner.

3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner.

B. Mandatory Retrieval of Carts.

All abandoned shopping carts of a retail establishment that are found off the premises of the retail establishment must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The City shall notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice may be given by telephone, email or text message to the owner or owner's agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place, and shall include the cart's location. Within three (3) business days from the date the owner of the cart is provided with notice by the City that an abandoned shopping cart of the owner has been located, the owner or agent shall cause the identified shopping cart(s) to be retrieved.

C. Retrieval Services.

Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the Director or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service.

8.26.090 Impoundment and Retrieval of Abandoned Shopping Carts.

A. The Director or designee may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code Section 22435.7.

B. lmpoundment Following Three-Day Notice.

A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the City provided both of the following conditions are met:

1. The shopping cart is located outside the premises or parking area of a retail establishment; and

2. Except as provided in subsection “C” of this Section of this chapter, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart's discovery and location.

C. lmpoundment Without Three-Day Notice.

1. The City may retrieve and impound any abandoned shopping cart without first giving three-days' notice provided:
a. The Director or designee provides actual notice to the owner, or his or her agent, of the impoundment of the shopping cart within twenty-four (24) hours following the impound;
b. The notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days after the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and d. The shopping cart is held at a location that is both:
i. Reasonably convenient to the owner of the shopping cart; and ii. Open for business at least six (6) hours of each business day.

D. Immediate Retrieval and lmpoundment by City for Impeding Emergency Services.

The Director or their designee may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services.

E. Any cart reclaimed by the owner or their agent within three (3) business days from the date the owner of the shopping cart, or their agent, is given actual notice by the City of the shopping cart's discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter.

F. The owner of any shopping cart that is not reclaimed within three (3) business days after the date the owner has been given actual notice by the City of the shopping cart's discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four (4) business days after the date of notice.

8.26.100 Abandoned Shopping Cart Prevention and Retrieval Plan.

A. Abandoned Shopping Cart Prevention and Retrieval Plan Required.

Every owner who provides or intends to provide the use of shopping carts for customers shall develop, implement and comply with the terms and conditions of an approved abandoned shopping cart prevention and retrieval plan to prevent the unauthorized removal of shopping carts from a premises and, if removed, to retrieve the shopping cart within three (3) business days after knowing of the cart's removal from the premises or after receiving notice from the City that the shopping cart has been abandoned. To be effective, an abandoned shopping cart prevention and retrieval plan must be approved by the Director. To be eligible for approval, an abandoned shopping cart prevention and retrieval plan shall include the following elements:

1. Name. The name of the owner and the business name, the physical address where the business is conducted, name, address and phone number(s) of the on-site and off-site owner, if different.

2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises.

3. Cart Identification. Signs and shopping cart identification requirements which conform to state law. Owners shall attach an example of the proposed shopping cart ownership identification sign which shall conform to California Business and Professions Code Section 22345.1.

4. Languages. The information required above must be provided in English and Spanish or in such other language the Director may reasonably require.

5. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping cart removal from the owner's premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the Director that are likely to prevent shopping cart removal from the premises. Cart owners shall conduct regular maintenance to ensure disabling devices and/or security deposit systems are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.

6. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein at least annually.

7. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three (3) business days after knowing of a cart's removal from the owner's premises or after receiving notice from the City that the shopping cart has been abandoned.

B. Failure to Submit Plan.

The plan must be submitted to the City within sixty (60) days after the ordinance that implements this chapter becomes effective or alternatively, if a business opens after the date the ordinance that implements this chapter becomes effective, then within thirty (30) days after a business that uses carts commences operations. Any owner who fails to provide the abandoned shopping cart prevention and retrieval plan shall be required to pay the City one hundred dollars ($100) for each calendar month the plan is not provided, as a penalty for not complying with this Section 8.26.100.

8.26.110 Recovery of Fines and Costs by City.

A. Pursuant to Business and Professions Code Section 22435. 7(f), any owner that fails to retrieve the owner's shopping cart or shopping carts within three (3) business days from the date of being given notice of the cart's or carts' discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished with an administrative fine of fifty dollars ($50) for each occurrence in excess of three (3) during the six-month period starting January 1 and ending on June 30 or the six-month period starting July 1 and ending December 31 of each calendar year.

B. In addition to the fines imposed above, the owner shall pay the City's actual costs for retrieving and storing the owner's shopping cart or carts except when the owner, or their authorized agent, reclaims their cart or carts within three (3) business days from being given notice of the cart's or carts' discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived.

8.26.120 Disposal of Abandoned Shopping Carts.

The City may sell or otherwise dispose of any shopping cart:

1. That is not reclaimed from the City within thirty (30) days of receipt by the owner, or the owner's agent, of actual notice from the City of the cart's discovery and location, or impoundment.

2. If the owner of the cart cannot be determined.

3. If the cart is rendered unusable (e.g., mangled, destroyed).

8.26.130 Violation – Penalties.

Any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided in Chapter 1.08 (General Penalty) or as provided under Chapter 1.09 (Administrative Citations). Any violation of this chapter is further declared a public nuisance.

Business Item 5f

STAFF REPORT
City Council Business Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Designate the City’s Voting Delegates for the Cal Cities Annual Conference & Expo
STAFF RECOMMENDATION:

Designate the City’s Voting Delegates for the 2023 Annual League of California Cities Conference & Expo September 20-22, 2023 Sacramento, California.

EXECUTIVE SUMMARY:

Each year the League of California Cities request each city to designate a voting delegate and alternates to vote on League of California Cities policies at the annual conference. The 2023 Annual Conference & Expo is September 20-22 in Sacramento, California.

The City's voting delegate and up to two alternates must be designated by the City Council. This action must be done by the City Council and cannot be delegated by either the Mayor or City Manager. If no Council Member is planning to attend, the City Council should designate the City Manager as the voting delegate.

FISCAL IMPACT:

There is no fiscal impact to the City related to this item.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open Public Comments

3. Close Public Comments

4. Motion to designate a voting delegate and up to two alternates for the 2023 Annual League of California Cities Conference and direct City Clerk to submit voting Delegate Form to Cal Cities. Roll call vote.

ATTACHMENTS:
 Letter from LOCC and attached application
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 1 STAFF REPORT
City Council Business Item
DATE: August 21, 2023
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager

SUBJECT: Public Hearing: Consider Adopting the Multifamily Design Standards, Resolution 2023-26
STAFF RECOMMENDATION:

Receive staff report, receive public comment, and approve Resolution 2023-26 to adopt the Multifamily Design Standards.

BACKGROUND:

In 2019 the City of Fortuna received a grant from the California Department of Housing and Community Development (HCD) SB2 Planning Grant Program to streamline planning and permitting processes, update ordinances, and implement other activities that facilitate housing production. The City used SB2 funds to adopt an updated Accessory Dwelling Unit (ADU) ordinance in 2022. The City is also using SB 2 funds to prepare Multifamily Design Guidelines and updated Improvement Standards and Specifications.

On December 7, 2020, the City Council and Planning Commission held a study session to provide feedback on a recommended approach to the Multifamily Design Standards task (see Attachment 2 for meeting materials). On October 14 and December 1, 2020, City staff also received feedback from a group of local stakeholders on the approach.

Based on feedback from the City Council, Planning Commission, and stakeholder group, staff and consultants prepared the draft Multifamily Design Guidelines (Attachment 1, Exhibit 1).

The Planning Commission held a public hearing on June 27, 2023, to consider the draft Multifamily Design Standards. At this hearing the Planning Commission voted (5-0) to recommend that the City Council adopt the Design Standards. After this action by the Planning Commission, staff identified a number of non-substantive clean-up edits needed to the Design Standards.

DRAFT MULTIFAMILY DESIGN STANDARDS:

The Multifamily Design Standards contain objective standards for the design of multifamily and mixed-use residential development. The goal of these standards is to clearly identify City requirements for well-designed projects in light of state laws that a) require by-right approval of certain qualifying projects, and b) limit a city’s ability to deny or modify a proposed multifamily project consistent with objective standards.

Section 1 of the standards provides an introduction and overview. Section 2 contains standards for 2 projects in all locations in Fortuna. These standards address the following topics:
• Circulation and Streetscape
• Parking and Vehicle Access
• Building Placement, Orientation, and Entries
• Building Massing and Open Space
• Facade and Roof Design
• Other Site Features
There are two types of Section 2 standards: baseline standards and credit standards. Baseline standards are mandatory for all projects. Project must comply with four of eight available credit standards. Each project can choose which standards to use to meet the credit standard requirement.

Some of the more noteworthy baseline standards include the following:
• Minimum 6-foot sidewalk width abutting a development parcel (Standard A.1). • Surface parking prohibited between a primary building and front or street side lot line (Standard B.1).
• Primary building entries that must face the street (Standard C.1) • Required variation in roof forms (Standard E.2)
An intent statement precedes the standards for each topic. Through the Design Review process, the Planning Commission may approve a deviation to a standard upon finding that the project incorporates an alternative method to achieve the intent statement.

Section 3 contains standards for two defined geographic “character areas:” 1) Single-family Neighborhood and 2) Town Center. The single-family neighborhood character area applies to areas that allow multifamily housing but where the majority of existing homes are detached single-family or have a single-family character. The town center character area applies to properties zoned Retail Commercial (RC) in Fortuna’s Downtown/Main Street area. Projects in a defined character area must comply with the applicable Section 3 standards in addition to the design standards for all areas in Section 2.

The Multifamily Design Standards codify design requirements that the City historically has applied through the Design Review process. Currently, all development in the commercial zoning districts and residential multifamily projects require Design Review. To approve Design Review, the Planning Commission must make a series of findings, including that the proposed project avoids “ugly, inharmonious, or monotonous design.” City staff and the Planning Commission often work with applicants to revise project designs so that Design Review findings can be made. The Multifamily Design Standards increase certainty for applicants as to what the City will require. Codifying objective design standards streamlines the approval process, reduces applicant cost, and ensures quality design.

Objective design standards also protect the City given State laws that require by-right approvals and limit the City’s ability to require changes to projects based on subjective requirements.

DESIGN REVIEW:

The Multifamily Design Standards approach shared with the City Council on December 7, 2020 recommended eliminating Design Review and allowing by-right all multifamily and mixed-use development that complies with new objective standards. The Planning Commission confirmed that 3 this remains the desired approach when recommending City Council adoption of the Design Standards.

Staff recommends this approach to facilitate housing production, reduce development costs, and increase certainty for applicants and the community. Applicants that wish to deviate from standards may do so through the Design Review process. An alternative approach is to continue requiring Design Review for all projects, including those that comply with all design standards.

If the City Council adopts the Design Standards as recommended by staff, staff will prepare Zoning Code amendments with this change for the City Council to consider at a future public hearing.

ENVIRONMENTAL REVIEW:

State CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. There is no possibility that the Multifamily Design Standards will have a significant effect on the environment, and all non-ministerial projects approved pursuant to the objective design standards shall be subject to CEQA review.

FISCAL IMPACT:

No fiscal impact will result as a result of adopting the Design Standards.

RECOMMENDED COUNCIL ACTION:

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

2. Open Public Comment.

3. Close Public Comment; voice vote.

4. Motion to Adopt Resolution 2023-26, and read by title only. Roll call vote.

ATTACHMENTS:

1. Resolution 2021-26: A Resolution of the City of Fortuna City Council to adopt the Multifamily Design Standards

2. Recommended Approach presented to City Council and Planning Commission, December 7, 2020

3. Edits to Multifamily Design Standards following Planning Commission Recommendation RESOLUTION 2023-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADOPTING

THE MULTIFAMILY DESIGN STANDARDS
WHEREAS, SB-35 (Chapter 366, Statutes of 2017) enacted section 65913.4 to the Government Code, effective January 1, 2018; and
WHEREAS, Government Code section 65913.4 requires cities and counties to approve qualifying multifamily projects through a streamlined ministerial process if a project conforms to applicable objective standards and meets other requirements;
WHEREAS, The Housing Accountability Act (HAA), Government Code section 65589.5, limits the ability of cities and counties to deny or reduce the density of housing development projects that are consistent with objective standards;
WHEREAS, SB-330 (Chapter 654, Statutes of 2019) enacted Government Code section 66300 which prohibits cities and counties from establishing design standards that are not objective; WHEREAS, Fortuna’s Zoning Code currently contains limited objective design standards for multifamily residential development;
WHEREAS, Fortuna currently relies on subjective design review criteria in Zoning Code Section

17.07.100 to ensure that multifamily residential development conforms with the General Plan and the City’s design review manual;
WHEREAS, for a project requesting streamlined review under SB-35, the City cannot enforce subjective design review criteria;
WHEREAS, under the Housing Accountability Act and SB-330, the City cannot require compliance with these standards for any multifamily or mixed-use residential project in a manner that disallows or reduces the density of the proposed project; WHEREAS, in 2019 Fortuna was awarded an SB-2 grant from the State of California established to fund city planning efforts to streamline housing approvals and accelerate housing production; WHEREAS, Fortuna elected to use part of this SB-2 grant to prepare new Multifamily Design Standards;
WHEREAS, On December 7, 2020 the City Council and Planning Commission held a study session to provide feedback on a recommended approach to the Multifamily Design Standards task;
WHEREAS, On October 14 and December 1, 2020 City staff received feedback on the approach from a group of local stakeholders.

WHEREAS, the City prepared draft Multifamily Design Standards based on feedback from the City Council, Planning Commission, and local stakeholders; WHEREAS, the Multifamily Design Standards contains objective standards that would apply to SB-35 projects and conforms to the requirements of the Housing Accountability Act and SB330; WHEREAS, the Planning Commission held a public hearing on the Multifamily Design Standards on June 27, 2023 considered the staff report, and public testimony, and made a recommendation to the City Council pursuant to Resolution P-2023-3103 to adopt the Multifamily Design Standards.

WHEREAS, on August 12, 2023, a notice was published in the North Coast Journal and notices were posted in conspicuous locations including City Hall and the City website, specifying the availability of the proposal, and the date, time, and location of the City Council public hearing for this Multifamily Design Standards; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts, by resolution, Multifamily Design Standards in the form attached hereto as Exhibit “1”.

PASSED AND ADOPTED on this 21st day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Tami Trent, Mayor
ATTEST:
______________________________
Siana Emmons, City Clerk
1 City Council and Planning Commission Study Session Meeting Materials December 7, 2020
This document provides background information for the City of Fortuna SB2 Planning Grant Programs Implementation Project study session on December 7, 2020. At this meeting we will ask for feedback on a recommended approach to the Multifamily Design Standards task. We will also ask for feedback on discussion questions for the Accessory Dwelling Unit (ADU) ordinance.

1.0 Project Background
SB2 Planning Grant
The City received a grant from the California Department of Housing and Community Development (HCD) SB2 Planning Grant Program to streamline planning and permitting processes, update ordinances, and implement other activities that facilitate housing production. The City also adopted a Housing Element Update last year; this project helps implement Housing Element policies and programs and will provide clear City standards that assist the public, developers, staff, and decision makers.

Project Overview
HCD awarded the City the SB2 grant to accelerate future production of housing. The Project includes the following tasks: improvement standards and specifications update, multifamily zoning update, accessory dwelling unit ordinance, infrastructure provision and financing opportunities analysis, employee housing code update, and GIS layers update.

Public engagement includes stakeholder committee input (two stakeholder meetings have been conducted so far), a series of City Council and Planning Commission Special Study Sessions, and public workshop(s). The initial data gathering, GIS mapping, infrastructure analysis, and evaluation of improvement standards and specifications are underway.

Stakeholder Meetings
The City held the first stakeholder meeting on October 14, 2020 to introduce the project and receive preliminary input on issues associated with accessory dwelling units (ADUs). All eight stakeholders participated in this meeting including Tina Christiansen, Ron Brown, Jerry McGillivray, John Egan, Clif Clendenen, Derek Glavich, Dennis Fitze, and Abe Fockaert. At the second meeting on December 1, 2020, stakeholders provided feedback on the recommended approach to the design standards and ADU ordinance (same approach described in this document). Five stakeholders participated in this meeting.

Major themes in the stakeholder feedback on the design standards approach included the following:
• There are benefits to allowing projects to avoid design review through the use of new design standards.
• However, new standards could also increase development costs and reduce housing affordability, in conflict to project goals.
• Design requirements should not be “too egregious” (i.e., overly burdensome). • The City should avoid imposing too many new requirements; minimizing regulation may be a better way to reduce costs and encourage development.
• Flexibility is important; consider allowing developers to choose from options. 2 • Consider varying standards for different locations; development in all areas should not be treated the same.

In response to the ADU ordinance approach, one stakeholder commented that standards to address neighbor compatibility (privacy) are important with 16 foot allowed height close to property line.

2.0 Multifamily Design Standards
Task Goal
The goal of the Multifamily Design Standards task is to accelerate multifamily and affordable housing production in Fortuna by:
• Streamlining the approval process (reduce applicant cost and time) • Clearly identifying development and design requirements (increase certainty and predictability for applicants)
• Communicating requirements in a way that is easy to understand • Clarifying the roles of City staff and Planning Commission in decision-making process • Ensuring quality development that will be supported by the community • Continuing to allow for flexibility and innovative solutions Recommended Approach
A recommended approach to accomplish this task goal is described below. At the December 7, 2020 we will ask for feedback on this approach. The recommended approach addresses five issues:

1. Required Approvals

2. Design Topics to Address

3. Variation in Standards

4. Deviation from Standards

5. Use of Options

2.1. Required Approvals
Senate Bill (SB) 35, adopted in 2017, requires California cities to allow by-right certain types of housing development. If requested by an applicant, SB 35 requires Fortuna to review qualifying multifamily housing projects through a ministerial process without a use permit, design review, or public hearings.

Qualifying projects must contain at least 10 percent affordable units, agree to pay construction works prevailing wages, and meet other requirements. The City must approve a qualifying project if it complies with all “objective standards” in effect at the time the application was submitted.

The City may offer a streamlined approval process to projects beyond those eligible under SB 35. An expanded streamlined approval process would increase housing production, reduce housing costs, and increase certainty for applicants and the community. A ministerial approval process would also help Fortuna comply with state law that limits the City’s ability to deny housing projects that meet objective standards.

Recommendation: Eliminate Design Review and allow by-right all multifamily and mixed-use development that complies with new objective standards. 3 2.2. Topics to Address
The City may adopt objective standards to address a wide range of building and site design topics.

Standards should ensure quality development that will be supported by the community. Standards should not be excessive or burdensome in a way that discourages housing production. Standards need to provide certainty and predictability while also providing flexibility to address unique circumstances.

Recommendation: Prepare design standards for the topics below. Examples given are for illustrative purposes and are not a specific recommendation at this time. • Circulation and Streetscape
• Parking and Vehicle Access
• Building Placement, Orientation, and Entries
• Building Massing and Open Space
• Facade and Roof Design
• Other Site Features

2.3. Variation in Standards
Design standards can apply generally to development in all areas of the city, or can be tailored to different zoning districts or other areas. Standards can also vary for different types of development (e.g., duplex vs. mixed-use building) or size of development site.

Recommendation: Explore standards that are tailored to different areas in the city.

2.4. Deviation from Standards
Design standards need to specify if a proposed project may deviate from the standards through a discretionary process. If deviation is allowed, the standards need to identify who approves the deviation, the criteria to allow the deviation, and if deviation is allowed from all standards, or just certain ones.

Recommendation: Allow deviation from all standards with Planning Commission approval.

2.5. Use of Options
Design standards can require one method for a proposed project to achieve a design objective. For example, to provide variation in facade articulation, the design standards could require all building walls to feature a wall modulation or increase setback every 30 feet. Alternatively, projects could choose from different options to achieve the objective. With this approach, a project could achieve the facade articulation objective by selecting from options such as changes in material and color, vertical accent lines, wall modulation, balconies, bay windows, and changes in building height.

Recommendation: Allow projects to choose from multiple options to meet certain requirements.

3.0 Accessory Dwelling Unit Ordinance
Background
An ADU is a self-contained living unit on the same lot as a primary dwelling. An ADU is sometimes called a “second unit” or “in-law unit” because it is smaller than and secondary to the primary dwelling on the 4 lot. An ADU can be detached from or attached to a primary dwelling. ADUs can also be created by converting a garage or existing space in a home into a separate living unit.

State law contains detailed requirements for local ADU regulations. Currently, the City does not have an ADU ordinance but instead relies on state law to review and approve proposed ADUs.

In 2019 the California legislature adopted several new bills that significantly changed state ADU laws.

The City now intends to adopt its own ADU ordinance consistent with state law as amended. Important requirements in state ADU law include the following:
• Permits Required. If an ADU complies with the standards in the City’s ADU ordinance and state law, the City must approve the ADU ministerially with a building permit. The City may not require any other permit, discretionary review, or public hearing. • Where Allowed. The City must allow ADUs in any zoning district where single-family or multifamily dwellings are a permitted use.
• Multifamily ADUs. The City must allow 1) ADUs within the portions of existing multifamily dwelling structures that are not used as livable space; and 2) Two detached ADUs on a lot with an existing multifamily dwelling.
• Maximum Floor Area. The City must allow a floor area of at least 1,200 square feet for a detached ADU. For an attached ADU with one bedroom or less, the City must allow 50 percent of the existing primary dwelling or 850 square feet. For an attached ADU with more than one bedroom, the City must allow 50 percent of the existing primary dwelling or 1,000 square feet. • Setbacks. The City must allow ADUs setback 4 feet from side and rear property lines. • Height. The City must allow detached ADUs with a height of at least 16 feet. • Parking. The City may require no more than one parking space for an ADU, and may not require any parking if the ADU meets certain requirements (see parking discussion question below).

Discussion Questions
City staff and consultants are currently in the process of drafting Fortuna’s new ADU ordinance. The majority of requirements in the ordinance are dictated by state law. For certain issues, state law allows the City to adopt optional provisions or to establish standards that are more permissive than state requirements. Below are discussion questions for four such issues where City discretion is allowed.

3.1. Detached ADU Height
State law requires the City to allow detached ADUs of at least 16 feet in height. The City may choose to allow detached ADUs greater than 16 feet.

Recommendation:
• Allow detached ADUs up to 16 feet by-right.
• With a Use Permit, allow detached ADUs greater than 16 feet up to the height of the primary residence.

3.2. Parking
The City may not require more than one parking space for an ADU. In addition, parking may not be required for an ADU that is:
5 • Within one-half mile walking distance of public transit; • Within an architecturally and historically significant historic district; • Part of the proposed or existing primary residence or an accessory structure; • In an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and/or
• Within one block of a car share vehicle.

The City may establish less-restrictive ADU parking requirements than those mandated by State law.

Recommendation: Never require a parking space for an ADU. In most cases the City cannot require a parking space due to proximity to public transit.

3.3. Objective Design Standards
The City may establish design standards for ADUs if these standards are “objective.” State law defines objective standards as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Also, design standard must be consistent with the legislative intent of state ADU law that standards may not be “so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.”
Recommendation: Establish objective design standards for the following:
• Entrance orientation (e.g., main entry facing front or interior of parcel). • Privacy impacts (e.g., for ADU walls within 10 ft. of side or rear property line, require a solid fence or clerestory or opaque windows)
• Second story decks and balconies (e.g., minimum setback from side or rear property line • Historic preservation standards (e.g., reduced maximum height relative to primary structure, required placement on lot relative to front property line, prohibited rooftop additions, prohibited exterior alterations to primary dwelling, required separation or insets from primary dwelling, exterior colors).

3.4. Deviating from Standards
If a proposed ADU complies with the City’s standards and state law, the City must approve the ADU ministerially without discretionary review or a public hearing. The City may require a discretionary process to approve ADUs that deviate from standards in the City’s ordinance.

Recommendation: Allow deviations from standards with Planning Commission approval.

DRAFT City of Fortuna
1 (Attachment 3 - Edits Following Planning Commission Recommendations) Objective Planning Standards for
Mixed-use Residential and Multifamily Development
I. Introduction
This document contains Objective Planning Standards for mixed-use residential and multifamily development. These standards apply to multiple-family dwellings as defined in Zoning Code Chapter

17.08 and mixed-use buildings that contain both a residential and non-residential use. These standards do not apply to detached-single-family homes, including subdivisions of multiple single-family homes.

In addition to the Objective Planning Standards, proposed development must also comply with requirements in the Fortuna Zoning Code, the General Plan, and other applicable City plans, policies, and regulations.

The Objective Planning Standards are intended to be consistent with all other City development regulations. Where an Objective Planning Standard appears to conflict with another regulation, the City will construe such requirement to give effect to both, if possible, by harmonizing them with each other.

In cases of conflict, the requirement more permissive of housing production governs.

Design Standards for All Areas
Projects in all locations must comply with the standards in Section II: Design Standards for All Areas.

Within Section II, there are two types of standards: baseline standards and credit standards. Baseline standards are mandatory for all projects. Project must comply with four of eight available credit standards. Each project can choose which standards to use to meet the credit standard requirement.

Character Areas
This document also contains standards for two defined geographic “character areas:” 1) Single-family Neighborhood and 2) Town Center. The boundaries and standards for these character areas are found in Section III of this document. Projects in a defined Character Area must comply with the applicable Section III: standards in addition to the design standards for all areas in Section II.

Deviation from Standards
An applicant may request deviation from one or more standard through the Design Review process. The Planning Commission may approve a deviation upon finding that the project incorporates an alternative method to achieve the intent statement that proceeds the standard. A project requesting a deviation is not eligible for streamlined approval under SB 35.

II. Design Standards for All Areas
The design standards in this section apply to multifamily and mixed-use residential projects in all locations in Fortuna. The standards address the following topics:
• Circulation and Streetscape
DRAFT City of Fortuna
2 • Parking and Vehicle Access
• Building Placement, Orientation, and Entries
• Building Massing and Open Space
• Facade and Roof Design
• Other Site Features
A. Circulation and Streetscape Standards
Intent: The intent of the circulation and streetscape standards is to:
• Enhance the visual character and aesthetic qualities of the city;. • Encourage pedestrian activity with safe, functional, and attractive sidewalks;.
• Provide for sufficient sidewalk widths to accommodate street trees and an ADA-compliant pedestrian clear path; and
• Provide for appropriate transitions from the public to private realm.

Baseline Standards

1. Sidewalks. Public sidewalks abutting a development parcel shall have a minimum sidewalk width (curb to back of walk) of 6 feet.

Credit Standards

1. Street Trees.
a. At least one street tree for every 30 feet of linear feet of sidewalk length shall be provided within the sidewalk. See Figure 1: Streetscape standards.
b. A minimum 2-foot 8-inches pedestrian clear path shall be maintained adjacent to street trees.
c. Sidewalk tree wells shall be 48” in width by 36” or more in length.

B. Parking and Vehicle Access
Intent: The intent of the parking and vehicle access standards is to:
• Support a pedestrian-friendly streetscape design, walkable neighborhoods, and active and inviting mixed-use districts;.
• Minimize the visual dominance of parking facilities visible from the street frontage; and. • Promote the ability for residents to walk, bike, and take transit to destinations.

Baseline Standards

1. Parking Placement.

Figure 1: Streetscape standards
DRAFT City of Fortuna
3 a. Except when allowed by sections (b) and (c) below, surface parking spaces may not be located:
(1) In a required front or street side yard; or
(2) Between a primary building and a front or street side lot line. See Figure 2: Parking and Vehicle Access.
b. The Director may administratively approve an exception to this requirement when necessary to provide ADA-compliant parking.

Figure 2: Parking and Vehicle Access
c. Outside of the Single-family Neighborhood and Town Center character areas, surface parking spaces may be located in a required front or street side yard or between a primary building and a front or street side lot line for one or both of the following types of projects:
(1) Age-restricted senior housing developments.
(2) Development site greater than one acre in size that fronts an arterial or collector street as designated in the General Plan circulation diagram.

2. Interior Parking Lot landscaping. The following standards apply to parking lots with four or more spaces.
a. Amount of Landscaping.
a.(1)All portions of a parking lot not occupied by a parking space, drive aisle, pedestrian way, or trash collection and storage area must be landscaped. b.(2)A minimum of one tree that reaches a mature height of at least 20 feet must be planted within the parking lot at a minimum ratio of one tree for each 15 parking spaces.

Formatted: Indent: Left: 0.6", Hanging: 0.3", Outline
numbered + Level: 6 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.9" + Tab
after: 0.33" + Indent at: 1.23"
DRAFT City of Fortuna
4 c.(3) When the calculation of required trees results in less than one tree (i.e., parking lots with fewer than 15 spaces), a minimum of one tree must be provided. b. Location of Landscaping.
a.(1)Where space permits, a landscaped island, at least four feet in all interior dimensions, and containing at least one tree, must be provided at each end of each interior row of automobile parking stalls and between every eight consecutive automobile parking stalls.

Horizontal curb surfaces may not be included in the landscaped island area calculation. b.(2)Landscaping must be located and designed so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This may be achieved through the orientation of the landscaped fingers and islands, and by providing dedicated pedestrian access through landscaped areas where needed.

3. Driveway Width. The maximum width of a new driveway crossing a public sidewalk is 12 feet for a one-way driveway and 20 feet for a two-way driveway. Increased driveway width is allowed if required by the Fortuna Fire Department.

4. Number of Driveways. A maximum of two curb cuts for one-way traffic and one curb cut for twoway traffic are permitted per 150 feet of property street frontage.

5. Garage Width and Design.
a. Garage doors may occupy no more than 40 percent of a building’s public street frontage. b. Garage doors serving individual units that are attached to the structure must incorporate one or more of the following so that the garage doors are visually subservient to other building elements:
(1) Garage doors recessed a minimum of 18 inches from a street-facing wall plane. (2) Enhanced garage door windows or architectural detailing consistent with the main dwelling.
(3) Arbor or other similar projecting feature above the garage doors. (4) Landscaping occupying 50 percent or more of driveway serving garage.

6. Loading.
a. For lots served by an alley, loading docks and service must be accessed from the adjoining alley.
b. For corner parcels not served by an alley, loading docks and service areas must be accessed from the side street.
c. Loading docks and service areas are prohibited on the primary building frontage. d. Incorporating greenery within or adjacent to the driveway.

C. Building Placement, Orientation, and Entries
Intent: The intent of the building placement, orientation, and entries standards is to:

Formatted: Indent: Left: 0.6", Hanging: 0.3", Outline
numbered + Level: 6 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.9" + Tab
after: 0.33" + Indent at: 1.23"
DRAFT City of Fortuna
5 • Support cohesive neighborhoods and social interaction with outward facing buildings;. • Support a pedestrian-oriented public realm with an attractive and welcoming streetscape character; and.
• Provide for sensitive transition from the public realm (sidewalk) to the private realm (residences).

Baseline Standards

1. Building Entrances.
a. For buildings with one primary entrance that
provides interior access to multiple individual
dwelling units, the primary building entrance
must face the street. A primary building
entrance facing the interior of a lot is not
allowed. See Figure 3: Building Entry
Orientation- Single Primary Entry.
b. On lots where units have individual exterior
entrances, all ground floor units with street
frontage must have an entrance that faces the
street. If any wall of a ground floor unit faces
the street, the unit must comply with this
requirement. For units that do not front the
street, entrances may face the interior of the
lot. See Figure 4: Building Entry Orientation –
Multiple Primary Entries.
c. Outside of the Single-family Neighborhood and
Town Center character areas, building entrances
may face the interior of a lot for projects on a site
of one acre or more, with multiple buildings
sharing a common open space/interior courtyard, and located on an arterial or collector street as designated in the General Plan circulation diagram. Such project must comply with the following standards:
(1) At least one pedestrian walkway per 50 feet of property street frontage must connect the adjacent sidewalk to the interior of the lot.
(2) The area between a building and the street must be landscaped, except for private open space for units (patios), and pedestrian pathways or driveways, or semi-public amenities such as courtyards or outdoor seating areas in the town center special character area. (3) Continuous solid fences between buildings and the street are prohibited. Private outdoor space, if provided, may be defined by a low fence at least 50 percent transparent. (4) Street-facing buildings may not exceed a width of 100 feet.

Figure 3: Building Entry Orientation –
Single Primary Entry
DRAFT City of Fortuna
6 (5) Buildings facing the street must comply with credit standards E.1 (Facade Articulation) and E.3 (360-Degree Design).

Figure 4: Building Entry Orientation – Multiple Primary Entries

2. Pedestrian Walkway. A pedestrian walkway, minimum 6-foot width, shall provide a connection between the public street and all building entrances.

Credit Standards

1. Entry Design.
a. Residential Projects. A street-facing primary entrance to residential buildings must feature a porch, covered entry, or recessed entry clearly visible from the street to give the entrance prominence. Entrances must be connected to the adjacent sidewalk with a pedestrian walkway. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45-degree cut away entry. This standard does not apply to secondary or service entrances. b. Mixed-Use Projects. Primary entrances to mixed-use buildings with ground floor commercial uses must be emphasized and clearly recognizable from the street. Methods to achieve this result include:
(1) Projecting non-fabric awnings or canopies above an entry (covered entry); (2) Varied building mass above an entry, such as a tower that protrudes from the rest of the building surface;
(3) Special corner building treatments, such as a rounded or angled facets on the corner, or an embedded corner tower, above the entry;
DRAFT City of Fortuna
7 (4) Special architectural elements, such as columns, porticos, overhanging roofs, and ornamental light fixtures;
(5) Projecting entries or projecting bays in the facade; (6) Recessed entries or recessed bays in the facade; and (7) Changes in roofline or articulation in the surface of the subject wall.

D. Building Massing and Open Space
Intent: The intent of the building massing and open space standards is to:
• Provide for human-scale and pedestrian-friendly building massing where large buildings are broken into smaller volumes that fit into the surrounding neighborhood;. • Provide for sensitive transitions to adjacent lower-density residential uses; and. • Minimize visual and privacy impacts to neighboring properties.

Baseline Standards

1. Residential Transitions.
a. Development sharing a side or rear lot line with a single-family home in an R-1 district shall comply with the following:
(1) Minimum 5-foot step back from ground floor facade for third story and above. (2) Building façade planes abutting an R-1 district may not exceed 50 feet in width. (3) When a building façade abutting an R-1 district exceeds 50 feet in width, it must be separated into façade bays no greater than 50 feet by a recess minimum 5 feet wide and 5 feet deep. See Figure 5: Residential Transitions.
(4) In the RM district, the building complies with Zoning Code Section 17.03.012.E. b. When a building façade across the street from and facing an R-1 district exceeds 50 feet in width, it must be separated into façade bays no greater than 50 feet by a recess 5 feet wide and 5 feet deep. See Figure 5: Residential Transitions.

DRAFT City of Fortuna
8 Figure 5: Residential Transitions
Credit Standards

1. Massing Breaks. As shown in Figure 6: Massing Breaks, buildings facing a public street must comply with one of the following:
a. The width of the building measured parallel to the street does not exceed 50 feet. b. The street-facing facade is separated into primary façade bays no greater than 50 feet and secondary façade bays defined by a recess a minimum of 3 feet wide and 3 feet deep.

Figure 6: Massing Breaks
DRAFT City of Fortuna
9 c. All street-facing facades shall have at least one building wall projection or recess at least 4 feet in depth, or two projections or recesses at least 2.5 feet in depth, for every 25 horizontal feet of wall.

E. Facade and Roof Design
Intent: The intent of the facade and roof design standards is to:
• Create street-facing building facades that are varied and interesting with human-scale design details;
• Incorporate architectural elements that reduce the box-like appearance and perceived mass of buildings;
• Provide for buildings designed as a unified whole with architectural integrity on all sides of the structure;.
• Ensure quality materials that maintain their appearance over time;. • Promote design details and materials compatible with the existing neighborhood character; and; • Minimize privacy impacts to neighboring properties.

Baseline Standards

1. Blank Walls/Facade Articulation
a. Maximum Blank Wall Area. The area of a blank building wall fronting a public street may not exceed a square area where the height and width are both 10 ft. See Figure 7: Blank Wall Standards.

Figure 7: Blank Wall Standards
b. Breaks in Blank Walls.
(1) A break in a blank building wall may be provided by any of the following:
a.(a)Doors, windows, or other building openings. Formatted: Outline numbered + Level: 7 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.9" + Tab after: 1.2" + Indent at: 1.2"
DRAFT City of Fortuna
10 b.(b)Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest. c.(c) Varying wall planes where the wall plane projects or is recessed at least six inches. d.(d)Non-fabric awnings, canopies or arcades.
e.(e)Substantial variations in building material. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and baton style siding to horizontally-oriented lap siding.
f.(f) A permanently attached trellis or architectural feature for landscaping. g.(g) Decorative light fixtures or wall sconce.
h.(h)A living wall.
(2) The following do not qualify as a break in blank wall:
a.(a) Variation in exterior building wall color.
b.(b)Vegetation or landscaping.
c.(c) Commercial signs.
d.(d)Mechanical appurtenances such as water heaters, vents, or utility meters. e.(e)Gutters.

2. Roof Form Variation. Buildings facing a public street must comply with one of the following:
a. At least 25 percent of the linear frontage of the building’s street-facing building roof line must incorporate at least one element of variable roof form that is different from the remainder of the street-facing roof form. See Figure 8: Roof Form Variation. This standard can be met with:
(1) Recessed or projecting gabled roof elements;
(2) Roof dormers;
(3) Changes in roof heights;
(4) Changes in direction or pitch of roof slopes;
(5) An offset gable clearstory;
(6) Upper story embedded in a sloped roof form; or
(7) Other similar method as approved by the Director.
b. Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

Formatted: Outline numbered + Level: 7 + Numbering
Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.9" + Tab after: 1.2" + Indent at: 1.2"
DRAFT City of Fortuna
11 Figure 8: Roof Form Variation

3. Neighbor Privacy.
a. Balconies, roof decks and other usable outdoor building space must be set back a minimum of 15 feet from a lot line abutting an R-1 zone. A landscape screen with a minimum 1 tree per 15 linear feet is required along the R-1 lot line.
b. Windows facing adjacent
dwellings must be
staggered to limit visibility
into neighboring units. The
vertical centerline of a
window may not intersect
the window of an adjacent
dwelling. See Figure 9:

Neighbor Privacy.

Figure 9: Neighbor Privacy
DRAFT City of Fortuna
12 Credit Standards

1. Facade Articulation. Each side of a building facing a street shall include a minimum of two of the following façade design strategies to create visual interest:
a. Projecting Windows. At least 25 percent of the total window area on the street-facing building wall consists of projecting windows. The furthest extent of each projecting window must project at least one foot from the building wall. This requirement may be satisfied with bay windows, oriel windows, bow windows, canted windows, and other similar designs. b. Window Boxes. A minimum of 50 percent of street-facing windows feature window boxes projecting at least one-half foot from the building wall. c. Shutters. A minimum of 50 percent of street-facing windows feature exterior decorative shutters constructed of material that visually contrasts from the building wall. d. Prominent Front Porch. A front porch with a minimum depth of 6 feet and width of 12 feet providing access to the unit’s primary entrance.
e. Balconies. Balconies, habitable projections, or Juliet balconies, with at least 20 percent of the linear frontage of the street-facing building wall containing one or more above-ground balcony.
f. Shade/Screening Devices. Screening devices such as lattices, louvers, shading devices, awnings, non-fabric canopies, perforated metal screens, with such a device occupying at least 20 percent of the linear frontage of the street-facing building wall. g. Datum Lines. Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material.
h. Varied Exterior Color. The street-facing building walls feature two or more visibly contrasting main colors, with each color occupying at least 20 percent of the street-facing building wall area.
i. Varied Building Wall Material. The street-facing building walls feature two or more visibly contrasting primary materials, (e.g., wood shingles and stucco), with each material occupying at least 20 percent of the street-facing building wall area.

2. Windows. Street-facing windows shall comply with one of the following:
a. All street-facing windows and doors must feature built up profile trim/framing. Windows must include sills and lintels. Trim/framing must project at least two inches from the building wall with material that visually contrasts from the building wall. b. For all street-facing windows, glass shall be inset a minimum of 3 inches from the exterior wall or frame surface to add relief to the wall surface.

3. 360-degree Design. Buildings shall be designed with architectural integrity on all sides. All exposed exterior surfaces shall feature consistent facade articulation, window and door material and styles, and building wall materials and colors.

DRAFT City of Fortuna
13 4. Building Materials. Allowed primary exterior material:
a. Stucco (minimum 2-coat stucco, synthetic stucco or EIFS not allowed). b. Siding (lap, vertical, or shingle).
c. Wood or cement fiberboard only; (vinyl and aluminum not allowed). d. Wood siding shall be painted, stained or sealed.
e. Stone.
f. Brick.
g. Tile.

5. Durability. Exterior finish materials shall have an expected lifespan of no less than 30 years. a. Features to direct rainwater away from exterior walls shall include one or more of the following:
(1) Cornice, with drip at outer edge of corona (minimum 12 inch12-inch projection). (2) Projecting eaves (minimum 12 inch12-inch projection).] (3) Scuppers, with or without downspouts (minimum 12 inch12-inch projection if no downspouts are used).
(4) Gutters, with downspouts or rain chains.
a.(a)Downspouts shall be one color and shall not change colors to match the wall behind them.
b.(b)Downspouts shall be round or rectangular, made of copper or metal. c.(c) Downspouts shall not break façade profiles (such as a cornice) but shall wrap around projecting profile.
b. Exterior timber shall be protected from decay by one or more of the following:
(1) Material properties (e.g., cedar).
(2) Staining and sealing.
(3) Painting.
c. Exterior ferrous metals shall be protected from corrosion by one or more of the following:
(1) Metallurgical properties (e.g., galvanized, stainless, or weathering steel). (2) Painting or other impermeable coating.

F. Other Site Features
Intent: The intent of the other site feature standards is to:
• Minimize visual clutter on a development site;
Formatted: Outline numbered + Level: 7 + Numbering
Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.9" + Tab after: 1.2" + Indent at: 1.2"
DRAFT City of Fortuna
14 • Enhance the design character of the public realm;
• Support an active and welcoming pedestrian environment; and • Minimize noise, odor, and visual impacts on neighboring residential properties.

Baseline Standards

1. Refuse Storage Areas.
a. A shared refuse collection and storage area is required for projects with four or more units. b. Refuse collection and storage areas may not be located:
(1) In a required front or street side yard;
(2) Between a primary building and a front or street side lot line; (3) Within a required landscape area; or
(4) Within a required yard adjacent to a single-family home in an R-1 district. c. Refuse containers shall be located in a building or screened by a solid enclosure with a minimum height of five feet for carts/cans, and seven feet for dumpsters.

2. Mechanical Equipment Screening.
a. Rooftop mechanical equipment, including vents and stacks, shall be fully screened by an architectural feature, such as a parapet wall.
b. Ground-mounted mechanical equipment may not be located:
(1) In a required front yard;
(2) Between a primary building and a front lot line; or (3) Within a required yard adjacent to an R-1 district containing a single-family home. c. Backflow prevention devices may be located within the front half of the lot, when located between the side building plane extending to the front property line and the side yard property line. Backflow prevention devices shall not be placed directly in front of the building but may be located in a side location of the front yard. This equipment shall be either:
(1) Screened to its full height by a combination of fencing and perennial landscaping to 70 percent opacity; or
(2) Contained within a protective enclosure (metal grate) within a planter or landscape bed.

3. Fences. Plastic, chain link, and other wire fencing materials are prohibited:
a. In a required front or street side yard; and
b. Between a primary building and a front or street side lot line.

4. Outdoor lighting.
a. Light fixtures may not exceed a height of 16 feet.

DRAFT City of Fortuna
15 b. All lighting fixtures must be shielded or recessed so the lighting source is not directly visible from the public right-of-way or adjoining properties. All fixtures must meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”) and the California Green Building Standards Code. c. Light Trespass.
(1) Lights must be directed downward and away from adjacent lots to minimize illumination of adjacent properties and the public right-of-way to the maximum extent possible. (2) Direct or sky-reflected glare from floodlights may not be directed into an adjacent property or the public right-of-way.
(3) No lighting may produce an illumination level greater than one foot-candle on any adjacent residential property.
d. The following types of exterior lighting are prohibited:
(1) Bulbs without fixtures or hoods;
(2) Mercury vapor lights; and
(3) Searchlights, neon, laser lights, or any other lighting that flashes, blinks, alternates, or moves.

III. Supplemental Standards for Character Areas
Figure 10 shows the location of special character areas in Fortuna. These special character areas identify locations where unique conditions require additional design standards. Development projects in these areas must comply with the supplemental standards below in addition to standards in Section II (Design Standards for All Areas).

DRAFT City of Fortuna
16 Figure 10: City of Fortuna Special Character Areas
DRAFT City of Fortuna
17 A. Primarily Single-Family Neighborhoods
The single-family neighborhood special character area applies to areas that allow multifamily housing but where the majority of existing homes are detached single-family or have a single-family character.

Intent: The intent of the supplemental standards for the single-family neighborhood special character areas is to:
• Locate new homes close to the front property line to reflect the predominant street frontage character in the neighborhood;.
• Break larger buildings into smaller volumes that matches the scale and rhythm of the surrounding neighborhood; and.
• Ensure that buildings have a residential character compatible with the surrounding neighborhood.

Standards

1. Maximum Setback. A minimum of 50 percent of the building width must be located no greater than 20 feet from the front and corner side yard line. If a site contains two or more buildings, this standard applies to each street-facing building on the site. Or average of adjacent setbacks. See Figure X.

2. Massing Breaks. When the width of the building measured parallel to the primary street frontage exceeds 48 feet, it must be separated into façade bays no greater than 48 feet by a minimum recess 5 feet wide and 5 feet deep. See Figure 11: Single Family Neighborhood Standards.

Figure 11: Single-Family Neighborhood Standards
DRAFT City of Fortuna
18 3. Roof Forms. Primary buildings must feature a hipped, gable or dormer roof design.

B. Town Center
The town center special character area applies to properties zoned Retail Commercial (RC) in Fortuna’s Downtown/Main Street area.

Intent: The intent of the town center supplemental standards is to:
• Provide for active and inviting ground floor frontages in mixed-use residential buildings; • Ensure that vehicle access and parking support a pedestrian-friendly environment; • Locate buildings close to the sidewalk to provide for a sense of enclosure and to frame the public realm;.
• Require landscaping and amenities along building frontages to support an attractive and active public realm; and
• Provide for human-scale building designs.

Standards

1. Storefront Height.
a. Ground-floor storefronts in a mixed-use building must have a minimum 12-foot floor to ceiling height, except as provided for in Paragraph (b) below.
b. For mixed-use residential buildings with a ground-floor storefront that is adjacent to and immediately contiguous with an existing storefront, the height of a storefront shall not differ from the height of any adjacent storefront by more than 2 feet.

2. Parking Access. For lots served by an existing improved alley, vehicle access to parking must be from the alley. Parking may be accessed from side street for corner parcels.

3. Parking Placement. Surface parking must be located:
a. In the rear half of the lot; or
b. Behind a street-facing building if in the front half of the lot.

4. Maximum Setback. A minimum of 50 percent of the building width must be located no greater than 15 feet from the front and corner side yard line. If a site contains two or more buildings, this standard applies to each street-facing building on the site.

5. Use of Setback Area. Front setback areas not used for vehicle parking or circulation shall be pedestrian oriented and shall be either landscaped or contain semi-public amenities such as courtyards or outdoor seating areas.

6. Base,. Middle, Cap. As shown in Figure 12: Town Center Standards, a building shall have a base, middle, and cap:
a. Base: The base grounds the structure at the bottom of the building with accent lines and/or materials/colors that contrast with the building middle.

DRAFT City of Fortuna
19 b. Middle: This element establishes the vertical proportion and is constructed of the primary building material.
c. Cap: This is the roof or parapet of the building. Cornice or fascia trim shall be incorporated along the roofline.

Figure 12: Town Center Standards

7. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through one or more of the following:
a. Dedicated awning, canopy, or other roof element.
b. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers. c. Dedicated light fixture(s).
d. Decorative street address numbers or tiles.
e. Plaque signs for upper-floor business tenants.