get_agenda_document_link — Fortuna City Council, October 2, 2023

621 11th Street, Fortuna CA
Zoom Option: 1-669-900-9128 Meeting ID 870 2165 3345 Password 293359
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
Deputy City Clerk Ashley Chambers

2. PRESENTATIONS / PROCLAMATIONS
a. National Long-Term Care Residents’ Rights Month 2023

3. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public Regular Meeting Agenda
Monday, October 2, 2023 at 6:00 pm
comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

4. CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – September 18, 2021 (Regular Meeting) b. Report of Disbursements
c. Consider Approval of Supplemental Budget Request for Rollover of Fiscal Year (FY) 22-23 SB1 Funds to FY 23-24

5. CITY COUNCIL BUSINESS
a. 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) b. Public Hearing: Consider the Adoption of an Amendment to the Building Department Fees Previously Adopted for Fiscal Year 2023/2024; Adoption of Resolution 2023-29 c. Public Hearing: Transit Needs Assessment

6. CITY MANAGER’S REPORT

7. 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

8. ADJOURN TO CLOSED SESSION
a. PUBLIC EMPLOYMENT, pursuant Section 54957 of the California Government Code.

Title: Police Officer Lateral

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 09/28/2023 at 8:59 AM
In Recognition and Support of
National Long-Term Care Residents’ Rights Month 2023
Proclamation
Amplify Our Voices
WHEREAS, there are 1.3 million individuals living in 15,600 nursing homes; and over 800,000 individuals living in 28,900 assisted living/residential care facilities in the U.S., and WHEREAS, the Federal Nursing Home Reform Act of 1987 guarantees residents their individual rights to promote and maintain their dignity and autonomy; and
WHEREAS, all residents should be aware of their rights so they may be empowered to live with dignity and self-determination; and
WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich individuality, and the reaffirm their right to vote and participate politically, including the right to have a say in their care; and WHEREAS, individuals and groups across the country will be celebrating Residents’ Rights Month with the theme – Amplify Our Voices – emphasizing a community of long-term care residents coming together to make their voices heard.

NOW, THEREFORE, BE IT RESOLVED, I, Tami Trent, Mayor of the City of Fortuna, do hereby proclaim October 2023 as National Long-Term Care Residents’ Rights Month, in the City of Fortuna, and encourage all citizens to join me in these important observances.

SIGNED this 2nd day of October 2023 at the City of Fortuna, in the State of California, and in witness thereof, the seal of Fortuna.
____________________________
Tami Trent, Mayor
City of Fortuna
Zoom Option: 1-669-900-9128 Meeting ID 896 9745 7272 Password 749123
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
The City Council May Take Action on any Item on this Agenda.

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

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

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

2. ORAL COMMENTS FROM THE PUBLIC
Minutes:

Marty Dowd - Fortuna Resident - spoke of experience walking over 12th Street overpass and realized there was no guardrail, causing him to believe the City of Fortuna needed more funding.

Suggested the City of Fortuna gain funding support from the City of Santa Cruz.

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

3. CONSENT CALENDAR
Minutes:

Council Member Mobley pulled item "c" and commented on how the new online portal for building permits was very user friendly and praised the staff that was working on this change. Council Member Mobley also questioned any projects the CDD team had going near Walker Elementary School due to it being a difficult area to driver around. Council Member Losey pulled item "e" and inquired about the part-time staff going over their hours by approximately 240 hours. Council Member Losey suggested a daily tracking/reporting system to ensure part-time staff are not going over their allotted time, and if so they are sent home. Mayor Trent spoke in support of this Regular Meeting Agenda
Minutes
Monday, September 18, 2023 at 6:00 pm
statement, claiming no reason for this and that Parks should work inside their budget. Mayor Trent also voiced concern of having to cut upcoming programs (Summer Fun) due to the Parks Department going over their hours. City Manager Merritt Perry stated a daily tracking would be too difficult but suggested weekly tracking. Parks and Recreation Director Cameron Mull agreed to scheduling meeting with Council to go over this topic and explained the hours in this meetings staff report are from August, which includes Summer Programs. Council Member Losey pulled item "i" and requested more information on two payments to PG&E. City Manager Merritt Perry and Finance Director Aaron Felmlee explained the charges, one being due to a well pump running more than normal and the other being a regular and budgeted Waste Water payment. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section.

Mayor Pro Tem Johnson moved, seconded by Council Member Losey to approve Consent Calendar items a-k. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 a. City Council Minutes – September 5, 2023 (Regular Meeting) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. River Lodge Monthly Report
i. Report of Disbursements
j. Approve a new Memorandum of Understanding with Miranda’s Rescue Mission for Animal Care Services
k. Approve the Application for Grant Funds from the Reconnecting Communities Grant Programs and authorize the City Manager to Complete Related Documentation; Resolution 2023-27

4. CITY COUNCIL BUSINESS
a. Public Hearing: First 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)
Minutes:

STAFF REPORT: Project Manager of Public Works Mat Nyberg provided a staff report on CD3. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Losey moved, seconded by Council Member Mobley. Motion to hold the first reading 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),” read by title only and continue the Public Hearing to Monday, October 2, 2023 for the second reading. Roll call vote. AYES: Council Members Conley, Council Member Losey, Council member Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES:

None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
b. Authorize the Purchase of a Magnesium Hydroxide Tank and Feed System, Resolution 2023-28
Minutes:

STAFF REPORT: Chief Treatment Plant Operator Christopher Christianson provided a staff report on the purchase of a Magnesium Hydroxide Tank and Feed System. 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 approve Resolution 2023-28, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF FORTUNA AUTHORIZING THE CITY MANAGER TO PURCHASE A

MAGNESIUM HYDROXIDE TANK AND FEED SYSTEM WITHOUT FORMAL COMPETITIVE BIDDING. Voice vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0
c. Supplemental Budget Request for the Purchase of a New Body Worn Camera Program Minutes:

STAFF REPORT: Police Chief Day provided a staff report on Supplemental Budget Report for the purchase of a new body worn camera program. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION: Council Member Mobley moved, seconded by Council Member Losey to approve Supplemental Budget Request for the purchase of a new body worn camera program.

Voice Vote. AYES: Council Members Conley, Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0 d. Approve Changes to the Community Development Department Including Amendment to Organizational Chart
Minutes:

STAFF REPORT: City Manager Merritt Perry provided a staff report on Changes to the Community Development Department. PUBLIC COMMENTS: There being no public comments, Mayor Trent closed the public comment section. CITY COUNCIL ACTION:

Council Member Conley moved, seconded by Council Member Mobley to approve the proposed staff classification and Full-time Pay Rate Schedule changes for the Community Development Department. Roll Call vote. AYES: Council Members Losey, Mobley, Mayor Pro Tem Johnson, Mayor Trent NOES: Council Member Losey None ABSTAIN: None ABSENT: None MOTION CARRIED: 4/0

5. CITY MANAGER’S REPORT
Minutes:

City Manager Merritt Perry provided a verbal report.

6. FUTURE AGENDA ITEMS
Minutes:

None at this time.

7. 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

8. ADJOURN
Minutes:

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Council Member Losey to adjourn the meeting at 6:53 pm. MOTION CARRIED 5/0
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) Consent Item 3i

Page 1 of 14 ends

STAFF REPORT
Consent Agenda Item
DATE: October 2, 2023
TO: Honorable Mayor and City Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Report of Disbursements for September 21, 2023 and September 28, 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:

September 21, 2023 $ 330,057.30
September 28, 2023 $ 65,097.04
RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
 Disbursements Detail Report for September 21, 2023
 Disbursements Detail Report for September 28, 2023
Amount
9/21/2023 10:12:13 AM Page 1 of 4
77506 09/21/2023 NORTH COAST JOURNAL 2023116135 Ordinance Notice - Parks 108 77507 09/21/2023 NORTH PACIFIC CARDIOLOGY 083123 Froeming Pre-employment Physical 45 77504 09/21/2023 MITCHELL LAW FIRM, THE 1337 Attorney Services FY 23/24 18.5 77505 09/21/2023 MOTOROLA SOLUTIONS INC 8330255254 Body Worn Camera Repair - PD 480 77504 09/21/2023 MITCHELL LAW FIRM, THE 1063 Attorney Services FY 23/24 92.5 77504 09/21/2023 MITCHELL LAW FIRM, THE 1336 Attorney Services FY 23/24 3447 77503 09/21/2023 MISSION LINEN INDUS SERV 520041947 Parks/Rink Linen Service 80.94 77503 09/21/2023 MISSION LINEN INDUS SERV 520053890 Janitorial Supplies - Parks 992.78 77503 09/21/2023 MISSION LINEN INDUS SERV 520022789 River Lodge Linen Service/Janitorial Supplies344.63 77503 09/21/2023 MISSION LINEN INDUS SERV 520022789 River Lodge Linen Service/Janitorial Supplies208.89 77503 09/21/2023 MISSION LINEN INDUS SERV 519994186 Parks/Rink Linen Service 76.89 77503 09/21/2023 MISSION LINEN INDUS SERV 520020237 Janitor 165.9 77503 09/21/2023 MISSION LINEN INDUS SERV 519994175 Corp Yard Linen Service 50.6 77503 09/21/2023 MISSION LINEN INDUS SERV 519994176 Wastewater Linen Service 90.37 77502 09/21/2023 LACO ASSOCIATES 52209 Police Facility Remodel Project 2465 77503 09/21/2023 MISSION LINEN INDUS SERV 519994175 Corp Yard Linen Service 69.93 77501 09/21/2023 KIMBALL-MIDWEST 101412383 Supplies - WWTP 1600 77502 09/21/2023 LACO ASSOCIATES 52206 Benefit Assessment Dist Formation Plan 233.75 77500 09/21/2023 HUMMEL TIRE & WHEEL 272319 Vehicle Repair - Utilities 955.78 77501 09/21/2023 KIMBALL-MIDWEST 101412383 Supplies - WWTP 955.79 77499 09/21/2023 HUMBOLDT VETERINARY MEDICAL GRP1141744 Vet Services - K9 Cain 13.34 77499 09/21/2023 HUMBOLDT VETERINARY MEDICAL GRP1141756 Vet Services - K9 Cain 183.7 77497 09/21/2023 GRAINGER 9834026354 Supplies - WWTP 213.4 77498 09/21/2023 HINDERLITER, DE LLAMAS SIN031580 Sales Tax Service FY 23/24 767.05 77495 09/21/2023 FREEDOM FUEL 25066 Equipment Fuel 29.63 77496 09/21/2023 GHD INC 380-0038384 CDBG Barrier Removal Project 5323.5 77495 09/21/2023 FREEDOM FUEL 24947 Equipment Fuel 28.27 77495 09/21/2023 FREEDOM FUEL 24949 Equipment Fuel 19.99 77495 09/21/2023 FREEDOM FUEL 24936 Equipment Fuel 25.36 77495 09/21/2023 FREEDOM FUEL 24937 Equipment Fuel 27.02 77493 09/21/2023 FORTUNA ACE HARDWARE 365953 Supplies - Parks 18.42 77494 09/21/2023 FORTUNA CHURCH OF THE NAZ 091323 Park Deposit Refund 250 77493 09/21/2023 FORTUNA ACE HARDWARE 365908 Supplies - City Hall 26.03 77493 09/21/2023 FORTUNA ACE HARDWARE 365916 Supplies - City Hall 18.2 77493 09/21/2023 FORTUNA ACE HARDWARE 365898 Supplies - WWTP 95.21 77493 09/21/2023 FORTUNA ACE HARDWARE 365906 Supplies - Parks 136.12 77493 09/21/2023 FORTUNA ACE HARDWARE 365749 Supplies - WWTP 31.44 77493 09/21/2023 FORTUNA ACE HARDWARE 365794 Supplies - General Services 26.04 77492 09/21/2023 FEDEX 8-249-05655 Lab Shipping Service 16.9 77493 09/21/2023 FORTUNA ACE HARDWARE 364005 Supplies - Utilities 37.24 77490 09/21/2023 EUREKA BROADCASTING INC 23080396 Advertising - PD 894 77491 09/21/2023 EUREKA OXYGEN CO A686905 Wheel Cow - WWTP 275.38 77488 09/21/2023 EEL RIVER SCRAP & SALVAGE 376766 Scrap Metal 15.5 77489 09/21/2023 ENTERPRISE-RECORD, MERCURY-REGISTER 1386828 Public Hearing Notices 489.93 77486 09/21/2023 DEPARTMENT OF JUSTICE 677526 July BAC Analysis Service 490 77487 09/21/2023 DUNNIGAN PSYCHOLOGICAL & THREAT ASSESS 1162 Pre-employment Psych Eval 625 77484 09/21/2023 COLLEGE OF THE REDWOODS 24-2024 Training Class - K Humphrey 0310752 114 77485 09/21/2023 DAY, CASEY 090523 Per Diem 9.27 - 9.29 (Cal Chiefs Board Meeting) 84 77482 09/21/2023 BANDERA USA 15676 Plastic Pipe - Streets 271.53 77483 09/21/2023 CALL, SHERRI 091323 Park Deposit Refund 250 77480 09/21/2023 AT&T 5025 09230893 23484108935031 31.43 77481 09/21/2023 AT&T 9011 20499563 9391064205 284.97
77478 09/21/2023 AQUA BEN CORPORATION 46705 Hydrofloc Supply FY 23/24 11529.21 77479 09/21/2023 ASAP LOCK & KEY 62797 Key Copies - Parks 69.44 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 9/21/2023 - 9/21/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
Grand Total: 330057.3
9/21/2023 10:12:13 AM Page 2 of 4
77529 09/21/2023 WOODS PEST CONTROL 1229167 River Lodge Pest Services FY 23/24 150 77530 09/21/2023 ZUMAR INDUSTRIES INC 44578 Traffic Signs 875.88 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510839343 Copier Lease FY 23/24 61.22 77528 09/21/2023 WHITCHURCH ENGINEERING COF-234846 Police Facility Remodel Project 2550 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510839343 Copier Lease FY 23/24 200.66 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510839343 Copier Lease FY 23/24 78.23 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 55.32 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 55.32 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 18.44 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 18.44 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 129.08 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 18.44 77526 09/21/2023 TRACTOR SUPPLY CREDIT PLA 759060 Kennel Supplies 94.66 77527 09/21/2023 US BANK EQUIPMENT FINANCE 510484371 MFP Lease FY 23/24 165.95 77524 09/21/2023 SOUTHEASTERN SKATE SUPPLY OF GA091423 Skate Wheel Washer 4153.38 77525 09/21/2023 SUNBELT RENTALS INC 144154312 Scaffolding Rental - Museum Gutter Project 338.79 77523 09/21/2023 RYDER, BILL 091423 Piano Tuning - River Lodge 180 77524 09/21/2023 SOUTHEASTERN SKATE SUPPLY OF GA091423 Skate Wheel Washer -325.38 77522 09/21/2023 RON DUPRATT FORD 424925 Vehicle Repair - Parks 3648.17 77522 09/21/2023 RON DUPRATT FORD 429751 Vehicle Repair - PD 175.32 77520 09/21/2023 RECOLOGY EEL RIVER 629980 Debris Disposal 20.8 77521 09/21/2023 REMOTE SATELLITE SYSTEMS 124634 Police Satellite Phone Service FY 23/24 69.95 77520 09/21/2023 RECOLOGY EEL RIVER 627688 Debris Disposal 100.8 77520 09/21/2023 RECOLOGY EEL RIVER 627707 Debris Disposal 114.8 77519 09/21/2023 RAO CONSTRUCTION CO INC 004 12th Street Integrated Stormwater Project-10557.52 77519 09/21/2023 RAO CONSTRUCTION CO INC 004 12th Street Integrated Stormwater Project211150.35 77519 09/21/2023 RAO CONSTRUCTION CO INC 004 12th Street Integrated Stormwater Project -1015.34 77519 09/21/2023 RAO CONSTRUCTION CO INC 004 12th Street Integrated Stormwater Project 20306.8 77517 09/21/2023 PLATT ELECTRIC SUPPLY Y762343 Equipment Maintenance - Xavier Lift Station 141.07 77518 09/21/2023 PRIMOFIORE, JUSTIN 090523 Per Diem 9.24 - 9.27 (Supervisor Training) 243 77516 09/21/2023 PLANWEST PARTNERS INC 23-193-05 SB2 SB2 Planning Grant Programs 14435 77516 09/21/2023 PLANWEST PARTNERS INC 23-193-05MD Mill District Specific Plan - Ammendment #310337.08 77516 09/21/2023 PLANWEST PARTNERS INC 23-193-02HW Mill District Specific Plan - Headwaters Grant297.47 77516 09/21/2023 PLANWEST PARTNERS INC 23-193-02HW Mill District Specific Plan - Headwaters Grant892.41 77514 09/21/2023 OWEN EQUIPMENT SALES 61117 Wireless Headphones - Utilities 3600.54 77515 09/21/2023 PIERSON BUILDING CENTER 138980 Supplies - WWTP 104.88 77512 09/21/2023 O'REILLY AUTOMOTIVE STORE 197845 Vehicle Repair - PD 147.76 77513 09/21/2023 OTIS ELEVATOR COMPANY F10000102872 Lift Fleet Maintenance Surcharge - River Lodge 100 77512 09/21/2023 O'REILLY AUTOMOTIVE STORE 197818 Vehicle Repair - Utilities 62.92 77512 09/21/2023 O'REILLY AUTOMOTIVE STORE 197830 Vehicle Repair - PD 401.45 77512 09/21/2023 O'REILLY AUTOMOTIVE STORE 196697 Vehicle Repair - PD 191.91 77512 09/21/2023 O'REILLY AUTOMOTIVE STORE 196876 Equipment Maintenance - Utilities 39.05 77511 09/21/2023 OPTIMUM 101106800 Fiber Optic Service FY 23/24 362.49 77511 09/21/2023 OPTIMUM 101106800 Fiber Optic Service FY 23/24 362.49 77511 09/21/2023 OPTIMUM 101106800 Fiber Optic Service FY 23/24 362.48 77511 09/21/2023 OPTIMUM 101106800 Fiber Optic Service FY 23/24 362.49 77509 09/21/2023 ONTIVEROS & ASSOCIATES IN 5555 Lutheran Home Easement Agreement 632.5 77510 09/21/2023 OPENGOV INC INV00013742 Annual Software Service 23370 77508 09/21/2023 NYLEX.NET 14125 Mobile Laptop Connection Issue - PD 371.25 77509 09/21/2023 ONTIVEROS & ASSOCIATES IN 5554 Johnson Rohnerville Rd Subdivision 65 77508 09/21/2023 NYLEX.NET 14124 Fiber Network/SCADA Troubleshoot - PW 440 77508 09/21/2023 NYLEX.NET 14124 Fiber Network/SCADA Troubleshoot - PW 4070 77508 09/21/2023 NYLEX.NET 14123 Phone Line Tracing - River Lodge 198 77508 09/21/2023 NYLEX.NET 14124 Fiber Network/SCADA Troubleshoot - PW 440 Expense Approval Report Payment Dates: 9/21/2023 - 9/21/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 160-5705-5800 Equipment Maintenance 298.44
9/21/2023 10:12:13 AM Page 3 of 4
120-6300-3100 Advertising 489.93
160-5547-5800 User Group Linen 344.63
160-5565-5800 Janitorial Supplies 374.79
101-6025-9104 Professional Services 5015
110-6025-5450 Professional Services 233.75
120-6005-3100 Engineering Services 11332.05
101-5500-2850 Department Supplies 197.04
101-5500-5450 Department Supplies 4492.17
101-6005-9101 Engineering Services 20306.8
100-7000-2000 Travel, Conferences & Training 441
100-7015-2000 Dues & Subscriptions 69.95
101-2030 Retention Payable -1015.34
100-6220-2000 CLETS Service 284.97
100-6300-2000 Advertising 894
100-6600-2000 State Fees 490
100-6035-2000 Personnel Services 670
100-6210-1500 Internet Service 362.48
100-6210-2000 Internet Service 362.49
100-5715-5450 Vehicle Repairs 3648.17
100-6020-1300 Legal Services 3558
100-6025-1400 Professional Services 767.05
100-5705-5450 Equipment Maintenance 79.66
100-5710-2000 Software Maintenance 371.25
100-5715-2000 Vehicle Repairs 916.44
100-5705-1500 Equipment Maintenance 366.61
100-5705-2000 Equipment Maintenance 207.31
100-5705-4000 Equipment Maintenance 18.44
100-5500-5450 Department Supplies 223.98
100-5505-5450 Vehicle Fuel & Oil 130.27
100-5565-5450 Janitorial Supplies 1150.61
100-5500-2000 Department Supplies 480
100-5500-2800 Department Supplies 94.66
100-5500-4100 Department Supplies 95.97
100-2220 Refundable Park Deposits 500
100-2460 Sales Tax Payable -325.38
100-5500-1500 Department Supplies 44.23
677 - Astor Sewer District Fund 141.07
830 - CDBG Business Fund 5323.5
Grand Total: 330057.3
Account Summary
Account Number Account Name Payment Amount
306 - Recycle-Parks 108
352 - DWR-State Water Fund 200592.83
500 - Water Fund 2968.88
510 - Water Capital Fund 104.88
550 - Wastewater Fund 21977.5
160 - Riverlodge Fund 1365.86
200 - Storm Drainage Fund 487.13
210 - Solid Waste Fund 20.8
280 - Gas Tax Fund 1315.88
300 - Special Grants 38697.41
Fund Payment Amount
100 - General Fund 15902.16
101 - Transaction and Use Tax Fund 28995.67
110 - Rohner Rec District Fund 233.75
120 - Development & Building Fund 11821.98
Expense Approval Report Payment Dates: 9/21/2023 - 9/21/2023 Report Summary
Fund Summary
Grand Total: 330057.3
9/21/2023 10:12:13 AM Page 4 of 4
830-6025-9977 Professional Services 5323.5
Grand Total: 330057.3
Project Account Summary
Project Account Key Payment Amount
**None** 330057.3
550-6045-6600 Laboratory Services 16.9
550-6210-6700 Internet Service 362.49
677-5720-6526 Equipment Repair 141.07
550-5705-6700 Equipment Maintenance 55.32
550-5710-6700 Software Maintenance 4070
550-5900-6500 Tools & Small Equipment 3600.54
550-5500-6500 Department Supplies 37.24
550-5500-6600 Department Supplies 2305.8
550-5555-6600 Plant Chemicals 11529.21
500-6200-6100 Telephone 31.43
500-6210-6300 Internet Service 362.49
510-6025-0925 Professional Services 104.88
500-5710-6300 Software Maintenance 440
500-5715-6100 Vehicle Repairs 1018.7
500-5720-6100 Equipment Repair 39.05
500-5500-6000 Department Supplies 971.29
500-5500-6100 Department Supplies 50.6
500-5705-6300 Equipment Maintenance 55.32
306-6020-5400 Legal Services 108
352-2030 Retention Payable -10557.52
352-6005-9101 Engineering Services 211150.35
280-5710-4200 Software Maintenance 440
280-5722-4200 Retroflective Sign Compliance 875.88
300-6025-3200 Professional Services 38697.41
200-5500-4300 Department Supplies 271.53
200-6618-4310 SWMP Implementation 215.6
210-5752-5300 Illegal Dumping 20.8
Account Number Account Name Payment Amount
160-5740-5800 Building Repair and Maintenance 150
160-5775-5800 Network Support 198
Expense Approval Report Payment Dates: 9/21/2023 - 9/21/2023 Account Summary
Amount
9/28/2023 8:27:42 AM Page 1 of 4
77555 09/28/2023 NAPA AUTO PARTS FORTUNA 45549 Credit Return - Utilities -9.75 77555 09/28/2023 NAPA AUTO PARTS FORTUNA 47799 Vehicle Repair - Utilities 216.96 77554 09/28/2023 MOBLEY, CHRISTINA 092523 Hotel/Parking Reimbursement - CalCities Conf 1686.41 77555 09/28/2023 NAPA AUTO PARTS FORTUNA 45380 Credit Return - Utilities -249.97 77553 09/28/2023 MITCHELL 1 IB29928224 Teamworks Software FY 23/24 68.63 77553 09/28/2023 MITCHELL 1 IB29928224 Teamworks Software FY 23/24 68.63 77553 09/28/2023 MITCHELL 1 IB29928224 Teamworks Software FY 23/24 68.62 77553 09/28/2023 MITCHELL 1 IB29928224 Teamworks Software FY 23/24 68.63 77552 09/28/2023 MISSION LINEN INDUS SERV 520051280 Police Mat Service FY 23/24 41.96 77552 09/28/2023 MISSION LINEN INDUS SERV 520059927 River Lodge Mat Service 5.68 77552 09/28/2023 MISSION LINEN INDUS SERV 520041937 Corp Yard Linen Service 81.12 77552 09/28/2023 MISSION LINEN INDUS SERV 520041938 Wastewater Linen Service 231.54 77551 09/28/2023 MERCER FRASER COMPANY 110708 Concrete 56.2 77552 09/28/2023 MISSION LINEN INDUS SERV 520041937 Corp Yard Linen Service 100.45 77550 09/28/2023 MAD RIVER COMMUNITY HOSPITALA0129659 Wolfe Pre-employment Physical 685 77551 09/28/2023 MERCER FRASER COMPANY 110708 Concrete 505.83 77549 09/28/2023 LEAGUE OF CALIF CITIES 1746 Redwood Empire Division Meeting 8.18.23 160 77549 09/28/2023 LEAGUE OF CALIF CITIES 1746 Redwood Empire Division Meeting 8.18.23 40 77547 09/28/2023 HUMBOLDT PETROLEUM 115076 Car Wash Services - PD 21 77548 09/28/2023 HUMBOLDT VETERINARY MEDICAL GRP 1142239 Vet Services 297.41 77545 09/28/2023 GRAINGER 9845562447 Soft Start Replacement Pump - WWTP 3794.55 77546 09/28/2023 HELIX LABORATORIES INC 91022 Magnesium Hydroxide FY 23/24 5594.53 77543 09/28/2023 FORZA FORENSICS 1745 Crime Scene Training - Carrington/Mullen/Richardso2400 77544 09/28/2023 GIER, JON 090523 Per Diem 10.1 - 10.6 (Traffic Collision Inv) 381 77542 09/28/2023 FORTUNA ACE HARDWARE 366228 Supplies - Parks 24.93 77542 09/28/2023 FORTUNA ACE HARDWARE 366269 Lab Supplies 21.42 77542 09/28/2023 FORTUNA ACE HARDWARE 366165 Supplies - Parks 11.48 77542 09/28/2023 FORTUNA ACE HARDWARE 366181 Supplies - Parks 13.05 77542 09/28/2023 FORTUNA ACE HARDWARE 366165 Supplies - Parks 16.57 77542 09/28/2023 FORTUNA ACE HARDWARE 366165 Supplies - Parks 56.35 77542 09/28/2023 FORTUNA ACE HARDWARE 366153 Supplies - WWTP 110 77542 09/28/2023 FORTUNA ACE HARDWARE 366153 Supplies - WWTP 199.31 77542 09/28/2023 FORTUNA ACE HARDWARE 366082 Supplies/Tools - Parks 33.57 77542 09/28/2023 FORTUNA ACE HARDWARE 366082 Supplies/Tools - Parks 28.19 77540 09/28/2023 EUREKA SYMPHONY 092623 River Lodge Deposit Refund 200 77541 09/28/2023 FEDEX 8-256-04478 Lab Shipping Services 229.38 77538 09/28/2023 DEPARTMENT OF JUSTICE 683689 BAC Analysis Services 105 77539 09/28/2023 ECOLAB 6340604279 River Lodge Dishmachine Chemicals FY 23/24 108.5 77537 09/28/2023 DARIN THOMSEN CONSTRUCTION 092523 Corp Yard Roof Project Retention Release 3470.37 77538 09/28/2023 DEPARTMENT OF JUSTICE 679074 Livescan Services 1272 77536 09/28/2023 CWEA 091923 Membership Dues - TPO3 A Bowles 110.5 77537 09/28/2023 DARIN THOMSEN CONSTRUCTION 092523 Corp Yard Roof Project Retention Release 3470.38 77535 09/28/2023 CSG CONSULTANTS 53211 Franchise Agreement Consulting Services 3400 77536 09/28/2023 CWEA 091923 Membership Dues - TPO3 A Bowles 110.5 77533 09/28/2023 BRETT, AGEANA 092523 River Lodge Deposit Refund 200 77534 09/28/2023 CALIFORNIA LABORATORY SERVICES3060226 Lab Testing 141 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 9294 Rabe DMV Physical 100 77532 09/28/2023 ACE INDUSTRIAL SUPPLY INC 2162605 Gloves - PD 776.67 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 8395 Garza DMV Phyical 100 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 8423 Johnson/White DMV Physicals 200 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 7572 Rexford DMV Physical 100 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 8070 Glennie DMV Physical 100 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 7219 Hall DMV Phsical 100 77531 09/28/2023 ACCURATE DRUG TESTING SERVICES 7494 Suelzle DMV Physical 100 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 9/28/2023 - 9/28/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount
9/28/2023 8:27:42 AM Page 2 of 4
77579 09/28/2023 WOODS PEST CONTROL 1229055 CH/PD Pest Services FY 23/24 44 Grand Total: 65097.04
77578 09/28/2023 WILMOT, TANYA 092623 Monday Club Deposit Refund 250 77579 09/28/2023 WOODS PEST CONTROL 1229055 CH/PD Pest Services FY 23/24 44 77576 09/28/2023 VISUAL CONCEPTS 2633 Graphic Design Service - PD 190 77577 09/28/2023 WENDT CONSTRUCTION 114819 Monday Club Chimney Tarp Reinstall 719.44 77575 09/28/2023 TRACTOR SUPPLY CREDIT PLA 760524 Kennel Supplies 49.33 77575 09/28/2023 TRACTOR SUPPLY CREDIT PLA 761926 Kennel Supplies 12.47 77574 09/28/2023 STAPLES BUSINESS CREDIT 7903436394 Supplies - Parks 22.55 77574 09/28/2023 STAPLES BUSINESS CREDIT 7903436394-1-1 Credit Price Adjustment - Parks -6.05 77572 09/28/2023 SHERLOCK MINI STORAGE 100123 FBID Storage Rental 10.1.23 140 77573 09/28/2023 SPORT & CYCLE 227227 Scorebooks - Recreation 21.68 77570 09/28/2023 RADAR SHOP INC, THE 15053 Radar Recertification - PD 1094 77571 09/28/2023 RAY'S FOOD PLACE 1740538 Skate Staff Meeting Supplies 30.25 77568 09/28/2023 PG&E CFM/PPC DEPARTMENT 92623 Contract #50089362 V1 - 50% Deposit 5821.16 77569 09/28/2023 PLATT ELECTRIC SUPPLY 4J85211 Replacement Lights - PD 93.71 77566 09/28/2023 PETERSON PC030216371 Equipment Maintenance - Utilities 165.89 77567 09/28/2023 PG&E CFM/PPC DEPARTMENT 092623 Contract #50089360 V1 - 50% Deposit 15098.51 77564 09/28/2023 PACIFIC GAS & ELECTRIC CO 09236726 44469516726 319.99 77565 09/28/2023 PAPSTEIN, EMMA 092523 Monday Club Deposit Refund 250 77563 09/28/2023 OTTO, JILL 092023 Park Deposit Refund 250 77564 09/28/2023 PACIFIC GAS & ELECTRIC CO 09235425 14914105425 2.61 77562 09/28/2023 O'REILLY AUTOMOTIVE STORE 198480 Vehicle Repair - Parks 70.47 77562 09/28/2023 O'REILLY AUTOMOTIVE STORE 198526 Vehicle Repair - Parks 284.58 77562 09/28/2023 O'REILLY AUTOMOTIVE STORE 198269 Vehicle Repair - Parks 18.43 77562 09/28/2023 O'REILLY AUTOMOTIVE STORE 198471 Polish Pad - Transit 22.23 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 588.83 77561 09/28/2023 O&M INDUSTRIES 4512 Heater/Thermostat Repair - City Hall 208 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 317.06 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 317.06 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 362.36 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 45.29 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 1690.26 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 362.36 77559 09/28/2023 NORTHWOOD AUTO PLAZA 6127307/1 Vehicle Repair - PD 1186 77560 09/28/2023 NYLEX.NET 14161 IT Services FY 23/24 1041.78 77557 09/28/2023 NORTH COAST JOURNAL 2023116240 Planning Commission Vacancy Notice 262 77558 09/28/2023 NORTH COAST LABORATORIES 172347 Lab Testing 1684 77556 09/28/2023 NORMAN'S DRY CLEANERS 79533 River Lodge Linen Service 28.5 77556 09/28/2023 NORMAN'S DRY CLEANERS 79666 River Lodge Linen Service 49.95 77555 09/28/2023 NAPA AUTO PARTS FORTUNA 48159 Sewer Generator Oil/Fuel Filters 688.99 77556 09/28/2023 NORMAN'S DRY CLEANERS 79533 River Lodge Linen Service 31.75 Expense Approval Report Payment Dates: 9/28/2023 - 9/28/2023 Payment Number Payment Date Vendor Name Payable Number Description (Item) 280-5500-4200 Department Supplies 56.2
306-6020-5400 Legal Services 3400
9/28/2023 8:27:42 AM Page 3 of 4
160-5740-5700 Building Repair and Maintenance 719.44
160-5775-5800 Network Support 317.06
250-6025-1800 Professional Services 140
160-5547-5800 User Group Linen 31.75
160-5565-5800 Janitorial Supplies 84.13
160-5575-5800 Kitchen Chemical 108.5
100-7612-1100 Contingency 30.25
160-2221 Monday Club Deposits 500
160-2222 River Lodge Deposits 400
100-7215-5400 Adult Sports 21.68
100-7230-5400 Skating/Pavilion 11.48
100-7400-2800 Miranda's Rescue 297.41
100-7000-2000 Travel, Conferences & Training 2781
100-7015-2000 Dues & Subscriptions 110.58
100-7015-4100 Dues & Subscriptions 68.63
100-6625-2000 Livescan Fees 1272
100-7000-1000 Travel, Conferences & Training 1846.41
100-7000-1100 Travel, Conferences & Training 40
100-6305-3200 Publication Expense 262
100-6505-5450 Utility - General & Electric 2.61
100-6600-2000 State Fees 105
100-6025-4100 Professional Services 100
100-6025-9104 Professional Services 20919.67
100-6035-2800 Personnel Services 685
100-5775-5600 Network Support 45.29
100-5900-5450 Tools & Small Equipment 28.19
100-6025-2000 Professional Services 1094
100-5775-2000 Network Support 1690.26
100-5775-4000 Network Support 362.36
100-5775-5400 Network Support 362.36
100-5740-1500 Building Repair and Maintenance 252
100-5740-2000 Building Repair and Maintenance 137.71
100-5775-1500 Network Support 1041.78
100-5565-5450 Janitorial Supplies 89.92
100-5715-2000 Vehicle Repairs 1207
100-5715-5450 Vehicle Repairs 373.48
100-5500-2800 Department Supplies 61.8
100-5500-4100 Department Supplies 606.28
100-5500-5450 Department Supplies 71.05
Account Summary
Account Number Account Name Payment Amount
100-2220 Refundable Park Deposits 250
100-5500-2000 Department Supplies 966.67
510 - Water Capital Fund 3580.38
550 - Wastewater Fund 7874.13
560 - Wastewater Capital Fund 3470.37
590 - TDA Transit Fund 222.23
Grand Total: 65097.04
160 - Riverlodge Fund 2160.88
250 - FBID Fund 140
280 - Gas Tax Fund 56.2
306 - Recycle-Parks 3400
500 - Water Fund 6998.98
Expense Approval Report Payment Dates: 9/28/2023 - 9/28/2023 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 37193.87
Project Account Key Payment Amount
**None** 65097.04
Grand Total: 65097.04
9/28/2023 8:27:42 AM Page 4 of 4
590-5500-5000 Department Supplies 22.23
590-6035-5000 Personnel Services 200
Grand Total: 65097.04
Project Account Summary
550-6045-6600 Laboratory Services 141
550-7015-6600 Dues & Subscriptions 179.13
560-2030 Retention Payable 3470.37
550-5557-6600 Lab Supplies 21.42
550-5766-6600 Bio solids Management 229.38
550-5775-6700 Network Support 588.83
510-6025-0925 Professional Services 110
550-5500-6600 Department Supplies 1119.84
550-5555-6600 Plant Chemicals 5594.53
500-7015-6000 Dues & Subscriptions 179.13
500-8000-6000 Capital Outlay 3794.55
510-2030 Retention Payable 3470.38
500-6025-6100 Professional Services 500
500-6045-6000 Laboratory Services 1684
500-6505-6000 Utility - General & Electric 319.99
500-5715-6100 Vehicle Repairs -33.01
500-5720-6100 Equipment Repair 156.14
500-5775-6300 Network Support 317.06
Expense Approval Report Payment Dates: 9/28/2023 - 9/28/2023 Account Summary
Account Number Account Name Payment Amount
500-5500-6100 Department Supplies 81.12
Business Agenda Item 4c

Page 1 of 1 ends

STAFF REPORT
City Council Agenda Item
DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Bob Natt, General Services Superintendent
THROUGH: Merritt Perry, City Manager
SUBJECT: Consider Approval of Supplemental Budget Request for Rollover of Fiscal Year (FY) 22-23 SB1 Funds to FY 23-24
STAFF RECOMMENDATION:

Approve a Supplemental Budget Request to rollover unused SB1 Funds from FY22-23 to be used in FY23-24 for paving maintenance projects.

EXECUTIVE SUMMARY:

Staff is requesting that the unused funding for FY22-23 SB1 paving projects to be rolled over to the current budget year (FY23-24). The amount of unused funds from last fiscal year is $272,000.

Due to delays, the extended wet weather, and scheduling the pavement maintenance projects planned for last fiscal year could not occur. Projects that staff have identified for FY23-24 include a road rehabilitation on northbound Fortuna Boulevard between First Avenue and Newburg Road and possibly Kenmar Road near the intersection of Ross Hill Road.

Staff is requesting that the Council approve a Supplemental Budget Request (SBR) to rollover $272,000 of unspent SB1 from FY22-23 to increase funding into SB1 Paving Projects for FY 23-

24. FISCAL IMPACT:

Approval of the recommended Supplemental Budget Request will increase the FY23-24 SB1 Paving Projects budget to $581,500. The current budget for FY23-24 is $309,500.

RECOMMENDED COUNCIL ACTION:

Motion to Approve Supplemental Budget Request to rollover unused SB1 Paving Projects Fund from FY22-23 to be used in FY23-24 for road improvements. Consent Calendar vote.

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

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

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

PURPOSE
Department Head: Date:

Finance Director: Date:

City Manager: Date:

CITY OF FORTUNA
SUPPLEMENTAL BUDGET REQUEST
Business Item 5a

Page 1 of 3 ends

STAFF REPORT
City Council Business Item
DATE: October 2, 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 5a

Page 2 of 3 ends

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 covered 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 covered projects are those over 1,000 square feet or with an implementation cost of $200,000 or more. The deposit for qualifying covered residential projects will be $500 and qualifying covered nonresidential projects will have a deposit of 0.25% of the total cost or $500, whichever is greater.

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 5a

Page 3 of 3 ends

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

CONSTRUCTION & DEMOLITION DEBRIS DIVERSION FEES
Administrative $ 175.00
Qualifying Covered Residential Deposit* $ 500.00
Qualifying Covered Nonresidential Deposit*
Greater of

0.25% cost or
$500.00
Appeals-Staff Level $ 250.00
Appeals-City Council Level $ 500.00
*Upon project completion and the determination of compliance with Ordinance 2023-762 by the Building Official, deposits will be refunded.

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 18th day of September 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ATTEST:

Tami Trent, Mayor
___________________________
Siana Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 2nd day of October 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. These qualifying covered residential projects will require a deposit of $500 and qualifying covered nonresidential projects will require a deposit 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.

STAFF REPORT
City Council Business Item
_______________________________________________________________________________________________ DATE: October 2, 2023
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Public Works Project Manager
THRU: Merritt Perry, City Manager
SUBJECT: Public Hearing: Consider the Adoption of an Amendment to the Building Department Fees Previously Adopted for Fiscal Year 2023/2024; Adoption of Resolution 2023-29
STAFF RECOMMENDATION:

Approve amending the previously adopted Building Department Fees through the adoption of Resolution 2023-29.

EXECUTIVE SUMMARY:

On June 5, 2023, the City Council adopted the Building Department Fees for Fiscal Year 2023/2024 through the adoption of Resolution 2023-13.

Staff is recommending an amendment to the previously adopted fee resolution. The amendment includes fees that were adopted with Resolution 2023-762, the Construction and Demolition Debris Diversion Ordinance, which was adopted subsequently to this year’s budget approval.

The fees included in the amendment and added to the schedule of fees previously adopted are as follows:

CONSTRUCTION & DEMOLITION DEBRIS DIVERSION FEES
Administrative $ 175.00
Qualifying Covered Residential Deposit* $ 500.00
Qualifying Covered Nonresidential Deposit*
Greater of

0.25% or
$500.00
Appeals-Staff Level $ 250.00
Appeals-City Council Level $ 500.00
*Upon project completion and the determination of compliance with Ordinance 2023-762 by the Building Official, deposits will be refunded.

RECOMMENDED COUNCIL ACTION:

1. Receive staff report and review questions with staff;

2. Open Public Hearing

3. Close Public Hearing; voice vote.

4. Motion the Adoption of Resolution 2023-29 - Amending the Building Fees and read by title only. Roll call vote.

Attachments:

1. Building Department –Fee Amendment – Resolution 2023-29

2. Building Department Fee Schedule
RESOLUTION 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA AMENDING THE CITY’S ANNUAL FEE SCHEDULE FOR FISCAL YEAR 2023-2024 TO PROVIDE

FOR NEW CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION SECURITY

DEPOSIT FEES
WHEREAS, pursuant to Resolution 2023-29, the City adopted an Annual Fee Schedule for Fiscal Year 2023-2024 (the “Fee Schedule”);
WHEREAS, by way of this Resolution, the City Council desires to add that portion of the Fee Schedule setting forth the Construction and Demolition Debris Diversion Fees; WHEREAS, City Council has considered the proposed rates and found that the proposed rates are reasonable.

NOW, THEREFORE, BE IT RESOVED by the City Council of the City of Fortuna that:

1. The Administrative fee, Diversion Security Deposit fees and Appeal fees set forth in Exhibit “1” hereto are found to be reasonable and approved.

2. The City’s Fee Schedule shall be amended to reflect the changes set forth in Exhibit “1” hereto.

3. The effective date of the fees set forth above shall be November 1, 2023.

4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED on this 2nd day of October 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

Tami Trent, Mayor
Attest:

Siana Emmons, City Clerk
Business Item 5c

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STAFF REPORT
City Council Business Item
DATE: October 2, 2023
TO: Honorable Mayor and City Council
FROM: Aaron Felmlee, Finance Director
THROUGH: Merritt Perry, City Manager
SUBJECT: PUBLIC HEARING: Receive Public Comment Concerning the Transit Needs Assessment
STAFF RECOMMENDATION:

Hold a public hearing concerning the Transit Needs Assessment, and forward all public comment received to the Humboldt County Association of Governments (HCAOG) for consideration.

EXECUTIVE SUMMARY:

Annually, the Transportation Development Act (TDA) Statutes require the Humboldt County Association of Governments (HCAOG), as the Regional Transportation Planning Agency (RTPA), hold a Transit Needs Assessment Public Hearing for the purpose of evaluating the best methods of providing public transportation. It is local policy for HCAOG to additionally request each member entity hold a public hearing on transit needs annually. These local hearings are in addition to HCAOG’s required public hearing and the purpose is to broaden the hearing forum. The local hearings also provide City Council Members an opportunity to hear and respond to local comments. All persons and groups known to have interest in transit-related matters are notified in advance of these hearings.

The appropriate public notices are also published in the local print media. The public is encouraged to offer any comments and/or possible solutions to various transit needs. By holding a public hearing at a Council meeting, the Council is acknowledging the receipt of public comments.

The City of Fortuna provides two transportation systems to serve Fortuna residents. The first is the Humboldt Transit Authority’s Regional Redwood Transit System (RTS). RTS is a commuter service and covers a 65-mile stretch of Highway 101 from Trinidad to Benbow. Service runs from 5:30am-10:30pm Monday through Friday and from 8:30 am to 9:30 pm on Saturday.

The second is the Fortuna Transit Bus Service which is a Dial-A-Ride (DAR) system. The City operatestwo buses Monday through Friday from 8:00am-4:30pm. The Fortuna Transit Service is available to persons over the age of 50 or disabled persons living within the city limits of Fortuna. Riders call for bus service a calendar month ahead for doctor’s appointments, one week in advance to reserve a ride for hair, work, lunch site, or other non-medical appointments, and the day-of or day before for shopping, visiting friends, & Business Item 5c

Page 2 of 2 ends

banking. Riders are picked up at their homes and delivered to their destination, and when they are ready to return home or travel to another destination, they call the Transit/ Parks office to dispatch a bus for service. Fortuna Transit’s DAR started weekly medical appointments to Eureka in July of 2018 thanks to Measure E funds to allow people to get the medical services they need in the Eureka area.

The primary purpose of TDA funds is to provide various types of transportation services to the public that are financially "reasonable" to fund, and secondarily to provide funds for roadway repair projects. Before HCAOG can allocate funds for purposes “not directly related to public transportation services, specialized transportation services, or facilities provided for the exclusive use of pedestrians and bicycles” (PUC Sec. 99401.5), HCAOG must first implement the transit needs assessment process. Because the primary purpose of the TDA is to fund transit, the transit needs assessment process is used to prove that there are no “unmet transit needs” that are “reasonable to meet” prior to funding street and road projects.

Council will not be asked to make a finding on the Transit Needs Assessments. They are to receive public comment concerning transit needs and forward findings on to HCAOG.

If the HCAOG Board finds that there are no unmet transit needs or that there are no unmet transit needs that are reasonable to meet, the City of Fortuna may then expend excess TDA funds for non-transit purposes. A finding that there are unmet transit needs, including those that are reasonable to meet, delivers a mandate to the respective entity to set aside funds, to implement a program to meet those needs deemed “reasonable to meet.”

FINANCIAL IMPACT
No immediate financial impact. Funding for any additional service recommendations or unmet transit needs would need to be paid for from fares, other transit subsidies, or other revenue sources.

RECOMMENDED COUNCIL ACTION:

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

2. Open the Public Hearing.

3. Close the Public Hearing.

4. Motion to forward comments received during the public hearing to HCOAG for consideration of the Transit Needs Assessment. Voice vote.

ATTACHMENTS:
 HCAOG Synopsis to Cities regarding Citizen Participation Process for the Transit Needs Assessment
August 28, 2023
To: City Managers/County Administrative Officer
North Coast Tribal Transportation Commission
McKinleyville Municipal Advisory Committee
Humboldt Transit Authority
RE: Transit Needs Assessment Annual Process – Public Hearings Every year, as established by the California Transportation Development Act (TDA), the Humboldt County Association of Governments (HCAOG) is required to conduct a citizen participation process to assist in identifying transit needs in the region. This process is required prior to allocations of TDA funding in the following fiscal year. All comments deemed to meet the definition of an unmet transit need will be analyzed and reviewed by HCAOG’s Social Services Transportation Advisory Council (SSTAC) to determine if the need is “reasonable to meet.” Comments that are operational in nature are forwarded to transit operators. The attached document includes a summary of the TDA rules, use of Local Transportation Funds, role of the citizen participation process, and adopted definitions and criteria used to determine if a need is reasonable to meet.

The HCAOG Board of Directors will hold a public hearing on Thursday, November 16, 2023. Though not required, we encourage your agency to also conduct a public hearing between October – December. All public comments received by December 31, 2023 will be discussed by the SSTAC and a Report of Findings brought to the HCAOG Board in 2024.

New this year
HCAOG staff requests time prior to opening the hearing to provide a brief presentation on the state of our regional transit systems, exciting new developments that are making our transit systems more convenient, transit performance measures such as operating subsidy per passenger and passengers per hour, and potential modifications to the adopted reasonable to meet criteria. In addition, we ask that the agenda item be described as a “Transit Needs Assessment.”
Please provide your meeting date to Stephen Luther at
[email protected] by Friday, September 15, 2023, to allow us to meet publishing and posting requirement deadlines. Thank you! Sincerely,
Stephen Luther
Associate Regional Planner
Enclosure
ec: City Clerks
HCAOG
Regional Transportation
Planning Agency
611 I Street, Suite B
Eureka, CA 95501
707.444.8208
Fax: 707.444.8319
www.hcaog.net
Members:

City of Arcata
City of Blue Lake
City of Eureka
City of Ferndale
City of Fortuna
City of Rio Dell
City of Trinidad
County of Humboldt
City Manager’s Report

Page 1 of 1 ends

STAFF REPORT
City Manager's Report
DATE: October 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Merritt Perry, City Manager

1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, October 16, 2023
6:00 p.m.

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

Regular City Council Meeting
Council Chambers at City Hall

2. Upcoming Planning Commission Meeting Dates
Tuesday, October 10, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, October 24, 2023
6:00 p.m.

Regular Planning Commission Meeting
Council Chambers at City Hall

3. Upcoming Measure E Meeting Dates
Tuesday, December 19, 2023
5:30 p.m.

Regular Measure E Meeting
Council Chambers at City Hall

4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, October 4, 2023
2:30 p.m.

Regular RCRPD Meeting
Council Chambers at City Hall

5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, October 24, 2023
8:30 a.m.

Regular FBID Meeting
Council Chambers at City Hall

6. Verbal Report

Fortuna City CouncilOctober 2, 2023

Fortuna City Council
October 2, 2023